Battered young mum told attacker will not be charged

Trusted article source icon
Thursday, December 04, 2008
Profile image for This is Cornwall

This is Cornwall

A YOUNG mother who fell victim to a frenzied attack spoke of her anguish yesterday after prosecutors told her nobody will stand trial for the assault which tore her life apart.

Rain Shirley was punched to the ground then repeatedly kicked in the head when violence erupted in a Newquay hotel in the early hours.

Yet no criminal prosecution will be brought against the brute who left her with physical and emotional scars, after the Crown Prosecution Service decided it did not have sufficient evidence.

Yesterday, Rain, 23, told of the effects of her ordeal and her frustration at a criminal justice system that she claims is "built against the victim".

Rain said: "The attacker had hidden away and attacked me from behind, trying to rape me. He managed to get as far as sexually assaulting me but when I fought him off, he hit me to the ground and repeatedly kicked and stamped on my head and face.

"He was so vicious that he was grunting with the exertion and force he was using.

"I screamed to try to attract attention and he then kicked me repeatedly in the mouth, breaking my teeth, trying to silence me."

He finally fled, leaving Rain so bruised that her two-year-old son was scared to look at her. To this day, she suffers panic attacks, insomnia, mood swings and bouts of depression.

"I was unable to leave the house for weeks," she said. "I was constantly checking that the doors were locked and convinced that I was in constant danger. I suffered bruising and swelling to my face, neck and limbs. The bruising finally faded after almost three months but the swelling is still present.

"I am awaiting an operation on my face to file away the bone which he dislodged while stamping on and kicking me."

It was in the aftermath of the attack that she sought professional support to try to help her cope with flashbacks triggered by the terror of the attack.

Rain, who lives in St Columb Minor, said: "I visited my GP and phoned several times across a seven-week period to chase up what support services they could offer.

"Despite my GP's best efforts, they could not refer me to any services in the area. They tried to refer me to Victim Support but they also seem to be overstretched. I was told (by the GP) that there simply were not any counselling services available for victims of sexual violence in Restormel. "I was given the contact number for Truro's Cornwall Rape and Sexual Abuse Centre who replied to a message I had left five days earlier to tell me that I was close to number 50 on their list of people to contact and that they were doing their best to contact everyone.

"This is a clear indication that the services they try to provide are grossly over-stretched. They were trying their hardest but it just isn't enough."

A few weeks later, her mother suggested she got in touch with the Women's Rape and Sexual Abuse Centre (WRASAC), based in Bodmin.

"They were absolutely fantastic from day one," said Rain. "They sent out one of their support workers to my home to speak with me about what had happened and the way that I was feeling.

"They gave me coping strategies for my panic attacks and offered support in confronting the psychological effects of the trauma. They have provided ongoing support and care to this day and without them I simply do not know how I would have coped.

"They were a much-needed lifeline which came just in time. It angers me because WRASAC receive no government funding at all. They depend on charitable funding to provide these invaluable services to women who suffer sexual and domestic violence and abuse."

According to the latest Home Office figures, some 23% of women and 3% of men experience some form of sexual assault as adults.

While one in five of the estimated 15% of rapes that are reported make it to court in Devon and Cornwall, only 4% of these cases result in a conviction. "This huge failure to convict perpetrators, I believe, lies with the CPS," claimed Rain. "The police work hard to gather as much evidence as possible but once the case is passed to the CPS they then decide whether or not to prosecute based on a case summary.

"The attacker gets a solicitor. The victim gets re-labelled as a 'witness' and has absolutely no control over the case. The victim never even meets with the CPS. The CPS have to consider what the defence 'may' say and decide whether an argument can be formed strong enough to refute the defence's arguments.

"The phrase, 'innocent until proven guilty', does not apply. It is 'innocent until proven innocent'. It seems the whole system is built against the victim, with no one directly acting in their interests, and so is there any wonder that conviction rates remain so low?"

"I have spoken with many other women who have had their cases dropped by the CPS," she added. "Some have gained a criminal conviction through private prosecution - proving that the excuse of 'lack of evidence' simply does not apply. The laws surrounding sexual violence, rape and domestic violence need to be reviewed. We live in a society where we have false hope that should we be the victim of such an attack, there are services provided to give us support and ensure that the perpetrator is brought to justice.

"Unfortunately, this is not the case. There are no funded support services available, the justice system is clearly failing and victims' options for prosecution depend on financial and emotional strength which most simply do not have.

"I am currently exploring further options. I will do all that I can to appeal against the CPS's decision and proceed with further action on a different front.

"It is just such a shame that this is what is required to bring such a cowardly but dangerous attacker to justice.

"It should have been done before now by the very authorities responsible for doing so, but unfortunately I am not the only woman that the CPS has failed and I certainly won't be the last."

7
Tweet this article
Report

7 Comments

  • Profile image for This is Cornwall

    by Rosie, Cornwall

    Sunday, July 26 2009, 9:55AM

    “I have had some tremedous support by WRASAC in Bodmin and without their support over the past 6 moths I simply would not have gotten through making my statment. I have every respect for Shirley for sharing her story - all it takes is for one person to speak out and share their story and without even knowing it you help someone else. A rape victim has to fight so hard for their basic legal and human rights it is absolutly disgusting. This is where the government need to listen to voluntary support services like WRASAC and make changes that desperatly need to be chaged.

    I was 7 - 14 years old when I was being sexually abused and rapped and it is only at 21 that I have realised that I have had people fighting for my rights all along.

    The law is agaist the rape and sexual violence victims ad it means that victims cases are going left unheard using lack of evidance as an excuse and it is leaving very dangerous people walking around as free people.

    Its time for change.”

  • Profile image for This is Cornwall

    by john dent, santa barbara ca, usa

    Friday, December 05 2008, 5:20PM

    “I can't believe in this day and age that the police in this case have not used DNA to find and prosecute the individual resposible”

  • Profile image for This is Cornwall

    by Chris Lamb, Falmouth

    Friday, December 05 2008, 4:50PM

    “This is pretty disgusting. Is the identity of the attacker known? Did Ms Shirley get a look at him and able to identify him? If the CPS are unwilling to take this case further for some reason, then perhaps 'someone' with some information can make the attackers identity public. Then perhaps 'someone' else with a baseball bat might be able so seek some "justice".”

  • Profile image for This is Cornwall

    by Burston, Bucks

    Friday, December 05 2008, 11:18AM

    “This is a dreadful story. The toal lack of help for the victim and the lack of prosecution for her attacker leaves me speechless.
    What is her MP doing about this? Anything?
    The CPS has clearly sent out a message here..." Attack who you like. We don't care"”

  • Profile image for This is Cornwall

    by elizabeth, cornwall

    Thursday, December 04 2008, 6:49PM

    “'when violence erupted' - the man who carried out this pre-meditated attempt to rape and possibly kill this young woman made a decision to carry out this act. he should be made accountable for his actions.”

  • Profile image for This is Cornwall

    by GAV, st ives

    Thursday, December 04 2008, 5:52PM

    “its disgusting that someone should get away with such an act”

  • Profile image for This is Cornwall

    by Jon, England

    Thursday, December 04 2008, 12:54PM

    “This young lady should make a complaint regarding the Chief CP under for the criminal offence of misfeasance (and malfeasance). in public office and refer the matter to the cross party committee.

    soldier, sailor, airman, royal marine commando association”

        Your comments awaiting moderation

        Add your comments

        max 4000 characters