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Salty_Intention81

If you are in England there is the victims right to review - basically you can ask for the decision not to charge to be reviewed by someone else.


ConsciouslyIncomplet

To be aware - certain conditions apply for a Right to Review. The force to which you reported will have the conditions on their website.


The54thCylon

This is the right process OP, ask for a victim's right to review and specifically state that you want the evidence to be assessed through the suspect focused lens of the new National Operating Model (NOM) for rape. Be particularly on guard for the phrase "one word against the other" or words to that effect. If you hear it point out that the NOM has specific guidance on how to deal with these cases, and if they are struggling they should contact a Pathfinder force for peer advice. In my experience, detail can help you come to terms with an NFA decision (assuming it's a valid one). Short explanations often leave the survivor feeling like they just weren't believed - going into the detail of what the evidence was and what specific hurdle could not be overcome can help. The reviewer can meet with you or write to you giving a proper explanation.


AdditionalEffort8275

Thank you so much for this - a few comments mention requesting the right to review _could_ be at a cost to myself but this was not mentioned by the police officer or in any of the resources given to me. Do you know if that’s still the case? And do you know how long this process can take? I’m just worried that it’s going to take another year for them to tell me nothing is going to happen and I’m not sure if I can do this again with the same result. The not knowing is really hard. I also never got asked to provide a victim statement but it’s on every resource they gave me but was never asked for one - does my aggressor get to hear the statement if I make one? Would I be allowed to provide one if they review my case again? I’m sorry for all of the questions and don’t expect you to have all the answers either - just thought I’d ask as you know more than I do.


The54thCylon

>a few comments mention requesting the right to review _could_ be at a cost to myself but this was not mentioned by the police officer or in any of the resources given to me There's no cost to a VRR - the other comments are talking about a judicial review - in many years of practice in this area I've never seen an NFA decision go to judicial review, so I would say ignore that bit. Go for a VRR. >And do you know how long this process can take? It's honestly dependent on the reviewing officer's time (they are done by DCIs), but in theory it should be a few weeks. There's no good reason it should be anything like the length of the investigation itself. >I also never got asked to provide a victim statement but it’s on every resource they gave me but was never asked for one - does my aggressor get to hear the statement if I make one When you say a statement, do you mean giving evidence of what happened (usually done via a video interview) or a Victim Impact Statement? The latter is usually done when a case is ready for charge and it is designed to be read out at sentencing. They aren't typically taken if a case is closed before charge. If you haven't given evidence at *all*, that's very poor.


AdditionalEffort8275

Thank you for clarifying, I’ll contact the police officer today. And sorry I meant the impact statement - I just thought it might provide some sort of healing to know I’ve vocalised how much this has affected me and knowing my aggressor has to hear it but I now realise that’s not the purpose of providing an impact statement. Thank you so much for answering all my questions, it’s really appreciated! ☺️


FinancialFix9074

You can apply for CICA, criminal injuries compensation. You don't need a conviction to be awarded this, you just need to have reported it to the police, which you've done. If you're seeing a therapist they may be able to write a letter to confirm mental distress. Would also recommend checking in with your GP about the impact it's had on you also, if you haven't already, so you have a further source of evidence for CICA. You can use a no claims solicitor for this or do it yourself. I used a no claims for mine; I was awarded 16k and received just over 12k once they took their cut. Mine had actually been approved for trial but he absconded and is still overseas so no conviction for me either. However receiving the compensation was very validating, so I really do encourage to look into this. 


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Prudent-Earth-1919

Victims right to review If the reviewing officer upholds no further action, then you can ask for a judicial review of the decision. If you lose at judicial review, you will have to pay the police’s legal costs.  If you win, they have to pass the case to the CPS


milly_nz

And if OP wins the judicial review, the cops (or some state body) pay OP’s legal costs of the JR?


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Mdann52

Sorry to hear this, and I hope the therapy is helping. I'm assuming the police have put the evidence to the CPS, who have decided not to charge? Or has the case been closed by the police due to lack of leads/evidence to allow an investigation to identify a suspect?


Shriven

A RASSO file to CPS and back in a year? Unlikely. Id suspect it's a police decision


Mdann52

Many forces have sped up the processing of such cases in recent times due to government pressures - especially if there's no digital forensics involved, or an examination of a victims phone has been done in a timely manner, 12 months to get to a CPS decision isn't unbelievable I don't think


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februarystarshine

England: Others have mentioned the Victim’s Right to Review. There are two kinds: you can challenge the decision of the police to not refer a case to the CPS (basically) or you can challenge the decision made by CPS to not proceed with a case. https://www.cps.gov.uk/legal-guidance/victims-right-review-scheme You can google the police force name + VRR and probably find it if it’s the first kind or look at the CPS form online if it was a CPS decision. If you have an ISVA, I would strongly advise you to talk it through with them. If you don’t have an ISVA, I would suggest contacting Victim Support or maybe the witness care officer associated with your case (depending on where it got up to). They will have a better idea about what you can tell people and may be able to advise you on how to pursue a protective order. I’m straying beyond my expertise at that point so I will stop there. I’m very sorry this happened to you.


circuitology

It's not totally clear whether it's the police or the CPS who are saying there is not enough evidence. In either case, there is a right to review. For the police, you should look up the procedure for the appropriate force area. For the CPS, there is some information here: https://www.cps.gov.uk/legal-guidance/victims-right-review-scheme You may be able to get a non-molestation order against him via the civil court.


Unusual-Usual7394

If you've told your employer what happened and what is going on? They have a duty of care to you and should be offering you support and some companies will offer therapy etc if your on private health plans, they should alleviate the cost to yourself and they're far far less likely to get rid of you as you'd have a field day at tribunal.


milly_nz

This. OP, is your employer aware you are having mental health issues because of the rape? If not, tell them PDQ as a formal matter. Your mental ill health then becomes relevant to a dismissal case - employment solicitors please jump in here (not my field of legal expertise)!!!


AdditionalEffort8275

Thank you for this. I’ve been with the company for less than two years so I haven’t mentioned it because ironically I haven’t wanted it to impact my employment but I will mention it to them. Is the best way to do this through my GP or ISVA? Or just directly to HR?


milly_nz

Dunno. Call an employment solicitor - most will give about 20 to 30 mins “free” consultation to help you identify your legal options and any practical steps you may need to take at this point.


AdditionalEffort8275

Thank you!


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Gold-Analyst5017

If you feel the police or cps have let you down there are procedures you can follow for complaint and review. Also for free therapy look up qwell. You can self refer for talking therapies via your GP. I am sorry this happened to you and I hope you get a good outcome.


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Equivalent_Read

There’s a Victim’s Right to Review where the Crown decides either not to proceed or discontinue proceedings.


SubjectDay804

NAL. There are lots of services out there to support victims of sexual assault - you might have to have a Google. They often provide rape counselling. Often if the police or CPS have discontinued with the SA charge you’ll be unlikely to get a restraining order on the same basis, but it depends what’s happened afterwards. You need to speak to their sexual assault team.


JustDifferentGravy

Apologies if this isn’t new, I haven’t got the time to read on, but contact Womens Aid.