The parents of a schoolgirl who has accused a stranger of rape have been told by police that there is not enough space in a Nightingale court for them to attend the alleged attacker’s trial.
Instead, the family of the teenager have been advised that one of her parents should sit in an overspill room that would be shared with two members of the alleged rapist’s family.
After being contacted by the Guardian, the Ministry of Justice has agreed to provide an extra seat so both parents can observe the trial of the man accused of sexually assaulting their daughter.
But the girl’s mother questioned whether Nightingale courts – smaller courts set up to deal with a backlog of serious cases during the Covid pandemic – are adequate.
“No family member wants to have to listen to this stuff on their own, so being told that either I could attend, or my husband, but not both of us, is very traumatising,” she said.
“I was just so shocked to be told I’d have to spend up a week sitting in a small room, playing some macabre game of musical chairs with the family of the man who is being tried for raping my daughter.”
The trial of the alleged rapist, after a lengthy wait, was supposed to be heard at a named London crown court earlier this year, but was diverted to a Nightingale site for later this year.
In a crown court, there is usually enough room for the alleged victim and the family of the accused to sit separately in the public gallery.
Last month, the alleged rape victim’s mother received an email from the investigating police officer saying there would not be enough room for both parents to attend.
“To accommodate the jury, the public gallery is not in the court room and is in a separate room within the building where the proceedings can be viewed on video link,” the senior officer wrote.
“I have been told the room only allows for 3 people and it would not surprise me if [the alleged rapist’s] extensive family will also be present. Therefore it may be utilised by them and could be upsetting for you to be in their presence and/or hear detail of the case.
“[Named police officers] could instead keep you updated of proceedings. However it is a decision for you and [the alleged victim’s father] and if you really want to view I suggest only one of you due to the space issue.”
The mother of the alleged victim said this was unacceptable because it would be her family’s first opportunity to hear the defendant’s case.
“Our first and only opportunity to find out what his side of the story is, what witnesses have said, is in court. And the police are telling us we shouldn’t go. It sums up the utter insensitivity of the criminal justice system and the complete lack of empathy for victims and their families,” she said.
Informed court sources said the police officer’s email accurately reflected the lack of space in the court.
In July 2020, the government announced it would be opening Nightingale courts as part of its court recovery plan to address the impact of coronavirus on the justice system. There are at present 28 Nightingale courts.
A Guardian analysis of Home Office statistics last year showed that fewer than one in 60 rape cases recorded by the police last year resulted in a suspect being charged.
The family’s treatment has been condemned.
Harriet Wistrich, the director of the Centre for Women’s Justice, said: “Clearly given the youth and vulnerability of the victim, this is not acceptable. Getting a rape case to trial is a major feat in itself given the less than 3% charge rate and it would be crazy if the prosecution fails because of inadequate court facilities.”
The Ministry of Justice said space in the courtroom at the Nightingale court was limited and local officials had made every effort to enable a family member to be in the courtroom.
An MoJ spokesperson said: “We are determined to support victims and will be providing extra seating so both parents can sit with their daughter.
“The pandemic has placed unprecedented pressure on court space but measures such as Nightingale courts have allowed us to hear cases which would otherwise have faced significant further delay.”
