‘It was agony’: Survivors of rape and sexual assault waiting years for cases to be heard in court, charity says

Delays in the court system are leading to survivors of sexual violence experiencing suicidal thoughts and being diagnosed with post-traumatic stress disorder, a new report has found.

The Criminal Bar Association says the backlog of criminal cases is on track to reach 80,000 by March 2025.

Survivors of rape and sexual violence are among those waiting the longest for their cases to be heard. On average, it takes them two years to get to trial from the moment of charge, according to the Criminal Bar Association.

Exactly half of the cases analysed by the charity Victim Support for their new report waited three years or more from the point of reporting to the police to the first court date.

The delay is prolonging distress for survivors, some of who have made suicide attempts whilst going through the court process.

But even once given a trial date, there’s no guarantee it will go ahead, with survivors telling Sky News often they would only find out the day before – or even on the day – that it was not going to be heard.

The charity found 47% of cases it assessed were adjourned, often with no explanation.

‘I ended up crying for four solid hours’

Emmy Hemmins had to wait five years and 11 months for her case to go to trial.

It was postponed eight times. She says the wait was traumatic.

“It was agony,” Ms Hemmins told Sky News. “It just got to the point where I kept saying to my court therapist, ‘I don’t want to do this anymore’ – and she kept saying, ‘give it a week and see if you still feel that way’.

“Leading up to each trial date, I’d be very anxious, constantly feeling nauseous, I wouldn’t have an appetite, I wouldn’t be sleeping very well and sometimes multiple times a day, I’d have panic attacks.”

The build-up of going back and forth to court took its toll on Ms Hemmins physically and mentally.

“On the days I thought it was going ahead, I’d really gotten ready for it, tried to hype myself up.

“I had all this adrenaline going, and then because it wouldn’t happen, it didn’t have anywhere else to go but turn into an anxiety attack, and I would just cry.

“I think it was the fifth time it was postponed – three days later, I had to go to the dentist and I ended up crying for a solid four hours without stopping because a few days beforehand it was meant to happen, but it didn’t.

“That was probably the longest I’ve ever cried. It was non-stop.”

Ms Hemmins credits her “patient and understanding” mother for the reason she didn’t give up on her case.

Her mother, the officer in her case and her court therapist stuck by her: “They always made the time to try and be positive for me because I felt like I couldn’t.”

Many survivors do walk away from prosecutions because of the delays.

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‘Distressing and inordinate delay’

Ms Hemmins’ trial eventually went ahead at the beginning of the year. The accused was found not guilty.

Soon after, Ms Hemmins unusually received a letter from the judge in her case who acknowledged the prolonged wait for justice.

The letter, seen by Sky News, admits she “had to suffer [an] emotionally distressing and inordinate delay.”

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The delays to Ms Hemmins’ case, prompted the judge to “conduct a proper review of the ‘priority’ listing arrangements” at the local Crown Court.

The Ministry of Justice told us: “The government inherited a crisis in our criminal justice system and a Crown Court backlog at record levels.

“We are committed to addressing the backlog, with a particular focus on how we prioritise fast-tracking rape cases.”

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email [email protected] in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.