Rape & Serious Sexual Offences Cases Now Represent Record One in Seven of All Trials in Courts Backlog

Outstanding trials for rape and serious sexual offences have reached a record high and now represent one in seven of all cases in the crown court backlog – up from one in 11 just five years ago, according to data analysis by Byline Times and the Criminal Bar Association.

The backlog of almost 67,000 outstanding cases in England and Wales has reached its highest-ever level – more than double four years ago – and is continuing to rise, according to Ministry of Justice (MoJ) statistics released yesterday.

The problem is most acute among those concerning rape and serious sexual offences (RASSO). In the past five years alone, the number of such cases awaiting trial has more than tripled to almost 10,000 – also a record.

Delays can leave women waiting many years for their complaints to be heard, which experts say risks them pulling out altogether, highlighting how some of society’s most vulnerable people are being “let down” by an “under-funded” criminal justice system.

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G, who had to wait almost two years for her rape case to come to trial, during which time the defendant twice broke his bail conditions and she attempted to take her own life, told Byline Times that the figures “make me feel physically sick”. 

“They make me feel unsafe in society and fearful for other women, such as my daughter, ” she said. “But not only are the waits for trials huge, even if women get to trial, they don’t get a fair trial. I got to trial and I regret it. I was let down by the criminal justice system. There is no fairness in the criminal justice system. There is no ‘justice’ system. The saddest thing is I would tell women who are raped not to go even go to the police.”

The figures, which relate to MoJ data for July to September this year, show a 23-year record high for the overall case backlog of 66,547, making Prime Minister Rishi Sunak’s March 2025 deadline of cutting the backlog to 53,000 cases appear increasingly unlikely.

This includes a record RASSO backlog of 9,792, which has more than tripled (226%) from 3,005 in December 2018.

That number has increased 5% (from 9,337) in just three months from the release of the previous quarterly figures in June. 

The Criminal Bar Association says RASSO cases, which require specialist barristers and intense preparation, are “disproportionately impacted by long-term failure going back years” and are “symptomatic of an under-funded criminal justice system”. 

Trials are often listed but not called due to lack of court time, lack of a judge or lack of a barrister to prosecute or defend.

And, as most RASSO defendants are bailed, their hearings tend to be heard after those with remanded defendants who need to have their cases heard quickest in part due to record prison population numbers.

Tana Adkin KC, chair of the Criminal Bar Association, said: “Complainants in rape and sexual offence cases need to know that they will receive sensitive and fair treatment in our courts and that their cases will not be delayed for years.

“RASSO cases require the most skilled barristers to conduct them, are witness intensive and require detailed and careful preparation at an early stage. Criminal barristers who specialise in RASSO are proud to prosecute and defend these often traumatic cases involving sometimes the most vulnerable of witnesses.  

“However, we need government to respect and invest in the expertise of the barristers who chose this work.”

A Ministry of Justice spokesperson said: “People who break the law must face justice, and these figures show crown courts are now dealing with the highest number of cases than at any point since 2019.

“This is a direct result of our decisive action to let courts run at full throttle – like lifting the cap on the number of court sitting days, keeping nightingale courts open, and investing more in our buildings to deliver a modern and effective justice system, including in magistrates’ courts where more than 90% of criminal cases are dealt with.”