top of page
Your paragraph text_edited_edited.jpg

Victims' Rights (UK)

Those accused of a crime have rights and protections in the British legal system. If you report a sexual crime against you, what rights and protections do you have? 

5WAVES are not attorneys and this is not legal advice.
See Finding a Lawyer for help.

If you are an adult, and you were sexually abused or assaulted in the past, it is your decision, and yours alone, whether to make an official report or not. This is a decision that is worth considering carefully. It is important to make an educated decision, and if you decide to proceed, prepare yourself and find good support.

 

Here are some resources to help you:
SARSAS guidance and options for reporting historic sibling sexual abuse

Help if you're not sure whether to report rape or sexual assault | Police.uk

Reporting to the police | Rape Crisis England & Wales

Reporting a Sexual Crime

There are three options for how to make a report to police:


There is NO statute of limitations on sexual crimes in the UK. This means you can report sexual abuse years or even decades after it happened. It may be more difficult to gain a conviction after time has passed, but you have a right to make the report, and the police must take it.

After a crime is reported, police are required to provide the victim with:

  • a written confirmation of the report

  • a crime reference number

  • name and contact details of the officer managing your case

  • information on next steps 

  • when to expect updates on the investigation

  • a “needs assessment,” looking into the support you require

  • a call back from a victims’ support organisation within two days

Victim Support

When you decide to make a report, you will be assigned an Independent Sexual Violence Advocate (ISVA)*. This is an advocate who can help you understand the legal process, what options and rights you have, and how to exercise your rights. They cannot sit with you during a police interview, but if the case goes to trial, they can sit with you on the witness stand. However, they cannot give you legal advice or mental health therapy.

*In some areas, ISVA services are only available to victims currently age 18 or above. Some Rape Crisis Centres provide specialist children's advocacy services, and workers who deliver these may be called CHISVAs.

 

For more information: 
The Role of the Independent Sexual Violence Adviser: Essential Elements - GOV.UK

Victim Support England and Wales

Get support as a victim or witness of crime - mygov.scot Scotland
Support services for victims | nidirect Northern Ireland

If you feel police are not treating you unfairly or inappropriately at any time, you may file a police complaint.

Closing a Case/No Further Action

If Crown prosecution (CPS) rules a case No Further Action (NFA), this means the case is closed, the investigation is over, and CPS will not bring charges at this time. Usually, they close a case because they do not think they have a realistic chance of a jury ruling to convict if they go to court with the evidence they have available. Deciding to close a case does not mean that the police and CPS don’t believe what you reported to them. If more evidence is presented later, the case could be re-opened. You do have the right to request a review of this decision.
​

If you reported a child sexual offence against yourself that was marked “No Further Action” before 5 June 2013 and you disagree with this decision, the Child Sexual Abuse Review Panel (CSARP) can help you get this decision reconsidered.

Charging &/or Trial in Court

IWhen charges are brought in court, the defendant can plead guilty, or not guilty. If they plead guilty, the next step will be sentencing. The judge will decide on a sentence, following guidance from the Sentencing Council (England and Wales). If you feel the sentence is too lenient, you can file a request for a review of the sentence.

 

If the defendant pleads not guilty, the case will go to trial.

Charges of sexual crimes are heard in Crown Court (or may begin in Youth Court, if the defendant is age 10-17), and decided by a jury. The role of the Judge in this court is to be sure the trial is conducted according to criminal procedure rules, including making sure you are given the protections and rights described in the Victim’s Code.

If you will appear as a victim or witness, you should be able to get assistance with:

  • Transportation to court

  • Translation, if you are not fluent in English

  • Accommodations for disabilities, including visual and hearing impairment

  • Preparation to testify, including helping you become familiar with what to expect, the courtroom, and more

  • Any expenses involved in appearing in court and testifying, including loss of wages

Additional Resources

Going to court to give evidence as a victim or witness: Before the trial - GOV.UK

Going to court to give evidence as a victim or witness: The day of the trial - GOV.UK

Your child is a witness - Booklet for parents, carers and helpers - GOV.UK

Young witness booklet 5 to 11 year olds - GOV.UK

Young witness booklet 12 to 17 year olds - GOV.UK

Victim Personal Statements
If you are the victim of a crime, you have the option to write a Victim Personal Statement (also called a Victim Impact Statement) to be read in court. You must give this to the court, by the deadline they tell you. You can choose whether you read this in court, or whether someone else reads it for you. You are allowed to describe how the crime has affected you physically, emotionally, financially, and mentally, as well as any concerns you will have if the defendant is living outside of custody.

Special Measures for Victims of Sexual Offences
As a victim of a sexual offence, you are entitled to the following accommodations. If you would like to use any of these, speak to your witness care officer.

  • A screen to shield you from the defendant’s sight

  • The option to testify via remote video link, or to record your testimony ahead of time

  • To have guests leave the courtroom while you testify

  • To have the judge and barristers remove their wigs and gowns

  • To have an intermediary help explain the questions and assist you in responding (particularly helpful for children and young people)

Not Guilty Verdict
If the defendant is found not guilty by the jury, the person will be free to leave with no consequences imposed by the court. An unfortunate factor in British law is that if a defendant is found not guilty, victims risk being sued for defamation if they speak publicly about the abuse.
The Story Podcast and Archived March 2024 Article from The Sunday Times: include discussion of defamation law in the UK as it relates to sibling sexual abuse.

Guilty Verdict
If the defendant is found guilty, the judge will impose a sentence, usually at a later date. The sentence must be within the guidelines of the Sentencing Council.


If you feel the sentence is too lenient, you can file a request for a review of the sentence.


If you feel the judge or anyone else has violated the rules of the court or your rights, dignity, or safety, you may file a complaint with the Crown Prosecution Service or the Judicial Conduct Investigation Office.

Civil Cases in the UK
If you have pursued a case as far as you are able in criminal court, here are some options to apply for financial compensation, no matter how the case turned out.
Criminal injuries compensation: a guide - GOV.UK
About us - Legal Aid Agency - GOV.UK
Compensation for childhood sexual abuse: Making a civil claim – NAPAC

No Contact Order
 

Once a defendant enters a guilty plea, OR trial is finished, no matter how the jury has ruled, victims can request a Restraining Order (RO), a legal order that tells the person who abused you that they cannot contact you. Unfortunately, a RO is only available after a guilty plea or trial, in the UK. 

Additional Resources

House of Commons Library: A short guide to the criminal justice system
House of Commons Library: Support for victims of crime
Legal aid: Overview - GOV.UK
Ministry of Justice: The support you should get if you are a victim of crime
Victim and witness services - GOV.UK
Free confidential legal advice for women in England and Wales: Rights of Women

bottom of page