Hundreds of suspected rapists in England and Wales are spending years outside custody under a legal process that has drawn criticism from campaigners and legal experts.
The Release Under Investigation (RUI), was introduced by the Policing and Crime Act 2017 as an alternative to police bail.
It allows suspects to be released without charge and without the timeframe that apply under bail.
However, critics have noted that the absence of statutory deadlines has resulted in suspects remaining under investigation for several years, with no clear timeline for a decision on whether they will be charged.
Campaigners have urged the government to abolish the RUI system, stating that it causes delay and emotional distress for both victims and suspects which can weaken cases over time, as evidence may deteriorate and victims may lose confidence in the justice process and withdraw their cooperation.
Legal advocates warn that when RUI is combined with long delays in the courts, it becomes a major obstacle to justice, leaving victims without closure and suspects in legal limbo for extended periods.
The head of policy and public affairs at Rape Crisis England and Wales, Maxime Rowson said: “Our Rape Crisis centres work closely with thousands of survivors of rape and sexual abuse who experience the devastating consequences of prolonged police investigations”.
“The use of release under investigation leaves known abusers free of restrictions while survivors wait months or even years for police investigations to progress.”
Speaking on the effect of the delay she argued that: “Those long, uncertain waits can be re-traumatising, they put survivors and others at further risk, and they may undermine the evidence these cases rely on as memories fade over time. When you add police delays to the delays caused by the crown court backlog, survivors are being asked to endure a process that no longer resembles a functioning justice system.”
A barrister and senior legal officer at the charity Rights of Women, Hannah Couchman said system “doesn’t serve anyone’s interests apart from the police”.
“We are really shocked and concerned to see how regularly released under investigation is being used essentially as an alternative to bail, but with fewer safeguards, with less oversight, less scrutiny, less opportunity to consider the rights of both the victim and the suspect”.
She noted the system “allows the police to get off the hook because they don’t have to bother thinking about bail conditions, which leaves victims unprotected and leaves suspects in a situation as well where they’re not sure what they are and are not allowed to do”.
The director of the End Violence Against Women Coalition (EVAW), Andrea Simon in his view said: “We’ve seen a dramatic fail in the use of bail in rape, domestic abuse and harassment and stalking cases, and a corresponding increase in use of released under investigation since the law change in 2017.
“Investigations stretching across several years is an unacceptable state of affairs, causing survivors immense harm and trauma, and creating prolonged uncertainty for all involved.”
Calling for reform in the approach, she added: “There is an urgent need for the police and CPS to work together to improve the timeliness and quality of charging decisions. Victims of rape and sexual violence are already having to shoulder the longest delays to their case compared with other crime types in light of the crown court backlog. The impact of this on their mental and physical wellbeing cannot be overstated.”
Meanwhile, a spokesperson of the Home Office said: “This government is committed to halving violence against women and girls in a decade. We will deliver a cross-government strategy which will set out concrete action to pursue perpetrators, support victims, and prevent these crimes from happening in the first place. We are considering the recommendations set out by Sir Brian Leveson in part One of his review.”
