individuals subjected to Rape & Sexual Abuse Gain Right to Second Opinion from Prosecutors in West Midlands

A new pilot launched in the West Midlands now gives individuals that have been subjected to rape or ‘serious sexual abuse’ the right to request a second opinion from an alternative prosecutor.

Previously, when the Crown Prosecution Service (CPS) decided not to proceed with charges in a case, individuals had very little choice but to accept this decision. This outcome often occurred when the CPS concluded that the likelihood of winning the case is too slim.

The six-month pilot will ensure that individuals are alerted earlier in the process if the decision is made to drop their case, giving them the right to request a second opinion from a second prosecutor before the case is closed.

The pilot, first launched in June 2025, is an attempt to combat the shockingly low charge and prosecution rates that individuals face when attempting to seek justice for rape and sexual abuse in the UK.

The UK legal system has long been criticised for failing to adequately support women and girls when they report crimes of rape and sexual assault. The Metro recently published data revealing that over the past five years, 206,927 rape reports have been made by women aged 16 and above. Alarmingly, during this same period, the CPS only proceeded to bring charges in less than 3% of the reported cases.

Of the cases that made it to court, even fewer resulted in a prosecution.

According to the CPS official website, the Victims’ Right to Review (VRR) scheme remains in place throughout the duration of the pilot, enabling victims to request a review of certain decisions made by the CPS. However, a crucial difference between the VRR scheme and the pilot is that the findings of VRR’s do not allow for the reopening of cases, even if they conclude that the case should have been taken to trial.

Notably, a second opinion from a prosecutor will make it possible to change the CPS decision and proceed with a charge if found to be appropriate.

The Labour government have confirmed their intention to roll the scheme out nationally if successful, as part of their pledge to halve violence against women and girls in the next decade. Whilst it is too early to determine the effectiveness of the scheme, the government remain optimistic that this will go some way towards building trust in the justice system.

Many campaigning organisations have welcomed news of the pilot and remain tentatively hopeful that it could make a positive difference for individuals’ access to justice. Rape Crisis England and Wales said of the pilot:

“(It) is a welcome step forward, offering individuals a vital opportunity to have their voices heard before a case is closed. While we recognise that there is still much more to do, early and transparent decision-making is key to rebuilding trust in a system that too often fails those it is meant to protect.”