Rape victims to have their own lawyers for the first time
The first ever national independent legal advice service for rape survivors will be launched in early 2027, representing an historic advancement of the rights of victims and an exciting development in legal practice. It is to be delivered by Centre for Women’s Justice (CWJ), with the support of Rape Crisis England & Wales and Victim Support. The service will provide specialist legal advice and representation to rape survivors about their rights within the criminal justice system, free of charge to all. This fulfils a manifesto pledge by the Labour Party; it forms part of the Government’s strategy to tackle violence against women and girls and will be funded by the Ministry of Justice.
Defendants in rape cases are entitled to legal advice from the date they are arrested right though to representation at trial. In contrast, victims of rape are treated as mere witnesses in the case, which is brought by the prosecution in the public interest. The Crown Prosecution Service does not represent victims and there are limited opportunities for victims to raise their own perspectives and input into the legal process.
Until this scheme begins, most victims and survivors have had no way of obtaining legal advice or representation, making it difficult for them to challenge investigations and prosecution decisions when they need to do so. This causes additional unnecessary trauma, leading to many withdrawing from the process before trial. Although the new Independent Legal Advice service cannot represent victims at court, it will address some of the key problems that they experience through the criminal justice process.
All other European countries have some form of legal support for victims within their criminal justice systems, and this service will address the gap for these most acutely sensitive and demanding cases. It represents a historic step in re-balancing the dynamic within the legal process, whilst of course maintaining the right of the accused to a fair trial.
Legal advice for victims in the criminal justice process is a novel and developing area of legal practice which has the potential to extend access to justice for them around rape and sexual violence. The legal work involves applying a fresh perspective to complex legal decisions: focussing on the law and evidence on sexual offences, privacy rights and access to sensitive personal data, as well as legal remedies where there are police or prosecution failings. The new service will embed trauma-informed lawyering throughout, building on a growing understanding of how to minimise the re-traumatisation that engagement with the criminal justice process inevitably brings.
Harriet Wistrich, CEO of CWJ, said:
“We are excited to be at the forefront of rolling out this new national service and playing a part in advancing the rights of victims within the criminal justice system. If successful we hope this model can be extended to tackle all sexual offences as well as offences committed against children so that all survivors of sexual violence can have a stronger voice and greater opportunity to secure justice.”
Nogah Ofer, who will head the new legal service, also led the legal advice team at CWJ, which pioneered the development of this new form of legal advice and developed a model which has helped thousands of women. CWJ’s legal advice team has assisted an average of 420 women a year for the past eight years. This includes hundreds of Victims’ Right to Review cases, with 82 being re-opened or referred to the Crown Prosecution Service as a result, and 42 suspects charged, many of whom have since been convicted, whilst others still await trial.
Working in partnership with the Women and Girls Network, CWJ ran a two-year London-based pilot of the scheme from 2024 to 2026, which was praised in an academic evaluation published in July 2026.
ENDS
Notes:
Centre for Women’s Justice is currently recruiting civil and criminal lawyers (solicitors or in-house barristers) and paralegals to join its new Independent Legal Advice service. For further details, click here.