ABSTRACT

Two aspects of recent rape reform policies have led many rape complainants to develop an impossible optimism about the likely outcome of a prosecution for rape. Based on analyses of the views of barristers interviewed in two investigative studies conducted between 2010 and 2016, the authors argue that this impossible optimism stems initially from the new policy emphasis of taking all rape complainants’ stories seriously. This reform has resulted in the prosecution of many more cases which would previously have been seen as weak. However, the massive underinvestment in criminal justice makes it impossible for police and lawyers to have the time to deal with cases in such a way that all complainants feel that their complaints have indeed received adequate consideration. Consequently, more complainants feel that they have not received justice.