Rape case to be reopened after police are criticized

Source Guardian (UK)

In England, a police force which failed to carry out a thorough investigation into a rape case has been told by the Crown Prosecution Service to reopen the inquiry. This follows an exposure by the Guardian of shortcomings in the prosecution of rape in Britain. The newspaper published the graphic diary of Beth Ellis, who says she was raped as a child by her stepfather. She detailed the way police and prosecutors mishandled her case and refused to take any action against her alleged assailant. The CPS principal lawyer, Chris Newell, said he agreed that the inquiries by South Wales police were "not thorough" and "not of an acceptable standard." He called for local prosecutors to work alongside them in "a much more proactive role." Welsh prosecutors originally refused to charge the alleged rapist and cast doubt on Ellis's credibility, in a case which critics said showed the reasons why 94 percent of women who complain of rape do not succeed. Deputy chief constable Peter Vaughan said his major crime review unit had been instructed to make a thorough review of the case. "We are in discussion with the CPS so that a way forward can be agreed," he said. "South Wales police is clearly concerned that this individual is unhappy with the investigation and the way she was dealt with by the Crown Prosecution Service. As far as the investigation is concerned, we will make every effort to ensure that her concerns are addressed." The CPS has suggested that the chief constable, Barbara Wilding, might "choose to invite another police force to conduct the investigation on her behalf". Ellis, now 29, first went to police in December 2005. A detective constable spent almost a year taking evidence from relatives and friends. The file was then passed to prosecutors, only to be lost, with police and prosecutors blaming each other. A local prosecutor eventually decided to take no action. The Guardian commissioned a criminologist and Home Office adviser, Dr Nicole Westmarland, to examine Ellis's case. She reported that Ellis's panic attacks and flashbacks were entirely consistent with childhood sexual abuse. Ellis said on Apr. 8: "I'm glad that it's officially been acknowledged that the police investigation was so shoddy. I hope that my assailant will face prosecution now. It's an incredibly difficult thing to keep going with. "I wholeheartedly welcome the decision as long as it was made in good faith and not merely for political reasons." Ellis is willing to waive her anonymity, but her name has been changed by the Guardian for legal reasons. After the Guardian publicized her case, ministers have said they are determined to improve the rape conviction rate and remedy what has been called a "justice gap." Home Office research has shown that most cases fail to reach trial. More than 14,000 women a year come forward to report rape. But hardly any of their cases are resolved. The biggest single cause, recent Home Office research has found, is because prosecutors claim there is insufficient evidence to bring charges. Newell spent four months reviewing the Ellis case after her lawyers said they might take the CPS to court for making a flawed decision. He agreed with criticisms of the police. "The investigation was not as thorough as it could or should have been; and the product of such investigation as there was was not of an acceptable standard." He had asked the South Wales chief prosecutor to refer the matter back for it to be reinvestigated.