IN Cheshire Police's third article, the process of prosecuting a rape offender through the courts is explained...

Rape victims often find the thought of facing their offender again a traumatic prospect but this is where the Crown Prosecution Service (CPS) can play its part in looking after the victim throughout the court process.

The CPS aims to prosecute each case of rape effectively and this means balancing the welfare of the victim with the defendant's right to a fair trial.

While the police investigate offences of rape, it is for the CPS to decide if an offender will be prosecuted and this decision is based on the evidence available and whether it is in the public interest. Each CPS area has a team of Specialist Prosecutors whose job it is to make sure all lines of inquiry have been investigated.

"The benefit of having Specialist Prosecutors is that only those lawyers who have particular expertise and the right skills in handling cases of this nature will be responsible for them," said Kate Hurst, rape co-ordinator for Cheshire CPS.

Specialist Prosecutors apply The Code for Crown Prosecutors to decide if an offender can be charged with rape. When a prosecution goes ahead the defendant's guilt must be proved by the CPS. Corroborating forensic or medical evidence will be sought by police but it is not essential and a prosecution can proceed without it. But cases may collapse because a jury cannot decide between what the victim and the defendant says and often there won't have been any witnesses to the offence. The earlier a rape is reported, the earlier forensic evidence can be obtained making a conviction more likely.

Unless the offender pleads guilty, the victim is usually required to provide evidence in court. Throughout a rape investigation and any subsequent court case the 'SOIT' officer (Sexual Offence Investigation officer) will support the victim by keeping them updated and attending at court.

And although there is no guarantee that the victim will not come face to face with the defendant the chance of this happening is minimised. Serious cases may be heard over days or weeks but victims don't have to stay at court once they have given evidence.

When a case doesn't go to court it is not because the CPS does not believe the victim, it is because there is no realistic prospect of a conviction as outlined in The Code for Crown Prosecutors.

l Anyone with information can contact Cheshire Police: 0845-458 0000, or Crimestoppers, anonymously: 0800-555 111.