Critical shortage of barristers for rape cases worsens, UK survey finds

A survey conducted by the United Kingdom’s Criminal Bar Association (CBA) has revealed a critical shortage of criminal barristers willing to handle rape and serious sexual offence (RASSO) cases, with indications that the situation is set to deteriorate further.

The survey, which garnered 780 responses, has highlighted poor remuneration and wellbeing as the primary reasons driving the potential exodus. The findings show that six in ten prosecutors and five in ten defence barristers cite insufficient pay for refusing RASSO work. Additionally, half of the respondents pointed to poor well-being as a deterrent. Nearly two-thirds of prosecutors have decided not to reapply to remain on Crown Prosecution Service panels, and two-thirds of defence counsel are contemplating quitting.

Aside from the days spent covering the trial, barristers typically invest 100-200 hours preparing for a case. Despite the substantial time commitment, the fee for prosecution counsel in rape cases that conclude with multiple guilty pleas averages out to approximately £43 per hour before deducting expenses such as chamber rent and national insurance.

The potential departure of specialist barristers from RASSO cases could severely impact both rape complainants and defendants. The CBA has reported that the average wait for a bailed rape trial to conclude from the time of the alleged offence is around five-and-a-half years, with trial dates for offences charged in 2022 being scheduled for late 2026.

CBA chair Tana Adkin KC emphasized the urgency of addressing the issue, stating, "Doing nothing to increase RASSO fees is not an option unless we want to accept that rape and serious sexual offence trials will continue to be delayed for years, repeatedly postponed on the day because there is no barrister to prosecute or defend. The human cost for victims of these crimes as well as innocent defendants is beyond financial measure."

Bar Council chair Sam Townend KC also commented on the matter, highlighting the horrifying experiences behind each RASSO case. “This takes its toll on anyone doing the essential work to put these cases to a fair trial. The publicly funded criminal Bar does brilliant work in hugely difficult circumstances.”

In response to the crisis, the criminal bar plans to hold a national meeting with members on March 5 to discuss "next steps."

A government spokesperson defended their position, highlighting a 15 percent increase in funding for barristers’ criminal legal aid fees, expected to boost a typical criminal barrister's earnings by nearly £7,000 extra per year. They also noted an increase in fees for those conducting pre-recorded cross-examinations, part of broader efforts to support victims and enhance the prosecution of rape cases, with adult rape prosecutions increasing by over 50 percent in the latest year.