This article is a clarion call to all RASSO (Rape and Serious Sexual Offences) counsel/potential RASSO counsel. It honours those who continue to accept RASSO work in these tough times, invites those who have stopped undertaking it to reconsider, and encourages those who have an interest in the area to take up the gauntlet.

The current climate in the CJS

The observation in The Times Crime and Justice Commission Report into the state of the criminal justice system (CJS) that ‘every part of the system is in crisis’ is sobering. It is important to acknowledge this day-to-day reality for those who work within the CJS, and to applaud them for continuing to fight for justice in such inhospitable environs.

That the CJS is on its knees is not news. Due to decades of underfunding and mismanagement, catastrophic cracks have emerged:

  • The court estate is, quite literally, falling apart.
  • The backlog is through the roof (if the roof of the particular court you’re talking about hasn’t caved in already) – in the last quarter of 2024, the open caseload in the Crown Court soared to 74,651 cases. Of this, 11,918 (approximately 16%) involved sexual offences.
  • The number of adult rape cases awaiting trial has increased almost six-fold over the past five years. Rape complainants now face an average of 424 days for a case to progress from charge to conclusion. It is little surprise that in December 2024 The Guardian reported that over the past year, 7.3% of rape prosecutions ‘had fallen through after potential victims withdrew in the wake of a charge’, and that the rate of attrition had more than doubled in five years.
  • Pre-recorded cross-examination hearings can clog up barristers’ diaries, making it harder to service other work, while research has found that, in most instances, the jury conviction rate for rape offences is 20% lower when a complainant’s cross examination is pre-recorded, compared to when it is not.
  • Criminal legal aid work remains poorly paid in comparison to other areas of law and unjustifiable inequities in the payment schemes at the criminal Bar endure, where prosecution work and defence work are remunerated at different rates.
  • A workforce emergency now exists, with one in three criminal barristers looking to leave the Bar, and two in three indicating they will no longer accept RASSO cases.
  • It is commonplace for trials to be adjourned due to lack of court capacity, or lack of prosecution or defence counsel (in some instances, the CPS being forced to instruct King’s Counsel to prosecute RASSO cases where there is no available RASSO counsel).

Why undertake RASSO work?

So, why on earth should the benefits of RASSO work be trumpeted in such an adverse climate…? Because, despite all the drawbacks, this work is monumentally important, and it can still form a rewarding and intellectually stimulating area of practice for those who are passionate about access to justice and want to make a difference.

Robustly and fairly prosecuting RASSO cases upholds the rights of complainants and witnesses. It gives people whose lives have been grossly violated in the most intimate way the opportunity to feel heard, and to have tremendously traumatic experiences validated. When defendants in RASSO cases are convicted, it can enable survivors of sexual abuse to take one step closer to rebuilding their lives and integrating horrific trauma.

Conversely, by fearlessly defending in RASSO cases, we represent people who are unable to advocate for themselves, whose lives have been turned upside down. Our assistance can make the difference in allowing people who have been falsely accused of the most heinous and deplorable crimes to come home to their friends and families, enabling them to leave a crippling existential limbo and return to the full-time job of living.

RASSO work operates at the cutting edge of the law:

  • The internet has blurred the boundaries between sexual fantasy and reality, altering attitudes to sex. It has increased the risks of vulnerable people being groomed and of horrific, large-scale abuse taking place, such as in the case of Gisèle Pelicot.
  • RASSO cases can involve fascinating expert evidence, such as evidence from the pioneering fields of memory formation and the impact of trauma upon memory, or on the sleep disorder, sexsomnia.
  • The law in this area is constantly evolving. For example, the Crime and Policing Bill proposes new offences banning child sexual abuse image-generators and of providing an internet service with the intention of facilitating child sexual exploitation, while The Data (Use and Access) Bill proposes a new offence of creating sexually explicit deepfakes.

RASSO work provides advocates with a stepping stone to take their trial expertise to the next level: increasing their awareness of fundamental, sometimes overlapping, legal frameworks, evolving their eye for detail and overall strategy/case presentation, developing finely attuned witness handling skills, and an ability to carefully manage the emotional environment in court, given that such cases often feature the most traumatised of people.

With the enhanced skillset the work provides, and the fact that RASSO practitioners frequently deal with serious, high-profile cases, undertaking such work has increasingly become a respected component of the portfolio of any aspiring applicant for silk or the bench. Recently, 79% of successful King’s Counsel applicants who were CPS advocate panel members were RASSO Panel members, as were 87% of those who moved into judicial office.

The CPS RASSO List

If you are interested and not yet on the CPS RASSO list, there has never been a better time to apply. Firstly, because there is a surplus of high-quality work and secondly, due to the dearth of RASSO prosecutors, the entry requirements onto the list have, for the time being, been relaxed.

For the first time, the CPS has opened the door to experienced Level 2 General Crime List Members, allowing them to apply to the RASSO list via the Advocate Panel Portal.

Meanwhile, from 8 August 2024, for an initial period of 12 months, Level 3 and 4 prosecutors have been eligible to join the RASSO List without completing the formal written application.

Thus, if you are a CPS Level 3 (or 4) advocate, you only need to:

  • email Advocate.Panels@cps.gov.uk requesting to be added to the RASSO Panel;
  • provide your Bar membership number;
  • confirm the details of the recent accredited RASSO Training that you have completed/undertake to complete this within three months.

Final thoughts

The CJS owes a major debt of gratitude to all existing RASSO lawyers, prosecution and defence – you work tirelessly, in ferociously challenging circumstances, to deliver justice for people who have had their intimate lives dissected and pulled apart.

If you have stopped undertaking RASSO work, you may wish to reflect on what brought you to this work in the beginning, what unfolded for you as you undertook it (including your achievements and challenges), how things are for you now given the absence of such work and whether there is any merit in returning to it.

If you have not entered this arena of work before, and you have the necessary interest and skills, you are invited to take the plunge and go for it. If you need support, look for it in the right places and you will find it. Your CJS needs you. 


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