The Proof Problem: Why So Few Cases Ever Reach Court

© By Sophie Lewis | The Grooming Files | @sophielewiseditorial

An unflinching look at how the justice system fails child sexual abuse survivors and why ‘not enough evidence’ is a sentence in itself.

When “Innocent Until Proven Guilty” Leaves Survivors With Nothing

Child sexual abuse is one of the most underreported, under-prosecuted, and under-convicted crimes in the world.
And not because it doesn’t happen but because the system built to respond to it is fundamentally not designed for children, trauma, or truth.

We still expect survivors, often children to explain the unexplainable.
To recall trauma like a courtroom script.
To offer proof of something that was never meant to be seen.

And when they can’t?

The case is closed.
The offender walks free.
And the child is left to carry what the system wouldn’t.

Most Cases Never Make It to Trial

According to UK government data, only a small fraction of child sexual abuse reports lead to conviction or even prosecution.
Here’s why:

Disclosures are delayed (sometimes by years)
There’s often no physical evidence
Witnesses are rare
The child’s story may change slightly as trauma unravels
Adults around the child may deny or defend the accused

In other words: the survivor is the only source of evidence.
And that’s rarely enough.

But Trauma Doesn’t Speak in Bullet Points

This is what the system still doesn’t understand:

Trauma affects memory.
Trauma affects language.
Trauma affects timelines.

Children and adults who’ve been sexually abused may:

Forget or suppress details
Freeze mid-sentence
Recount things out of order
Contradict themselves slightly when retelling
Go silent under pressure

This isn’t lying. It’s trauma.
But the courtroom often sees it as “unreliable.”

And so, truth is misread as doubt.
And the benefit of that doubt goes to the accused, not the victim.

The Pressure to Be the “Perfect Witness”

Survivors are expected to:

Report quickly
Remain consistent
Explain everything clearly
Show just enough emotion (but not too much)
Be calm, credible, and detailed
Not have mental health issues
Not have been drinking, using, or struggling

That’s not just unrealistic, it’s cruel.

Especially when many survivors do turn to coping strategies.
Or struggle with mental health.
Or delay disclosure until something finally breaks inside them.

The result?
Survivors are often dismissed as “unreliable”, not because their abuse didn’t happen, but because their healing got in the way of the legal ideal.

And What About the Ones Who Speak Up Anyway?

For those who do go to court, the process is often retraumatising:

Being cross-examined for hours
Having their sexual history dragged out
Facing their abuser in the same room
Having to “prove” pain to a jury
Seeing their own words twisted by defence teams

It’s not justice.
It’s a test they never signed up for.
And many leave feeling more violated by the system than by the person who harmed them.

The System Protects Power Not Vulnerability

Why is it that:

A single accusation of theft can lead to arrest
But three disclosures of abuse get “filed away”
A burglar is caught on CCTV and prosecuted
But a child’s words are not enough?

Because the legal system wasn’t built with child sexual abuse in mind.
It was built for visible crime. Tangible harm. Clean evidence. Clear timelines.

But abuse doesn’t come gift-wrapped like that.
And predators know it.

That’s why so many keep offending and why so many victims stay silent.
Because deep down, they know the system doesn’t hear whispers. It only listens to shouts with signatures attached.

What Real Justice Would Look Like

It’s not just about courtrooms. It’s about belief. About listening. About power shifting.

Real justice would mean:

Trauma-informed legal training for judges, juries, police, and CPS
No more reliance on perfect memory or instant reporting
Safe, supported disclosure processes, especially for children
Sentencing that reflects the lifelong impact of abuse
Community belief systems that don’t demand proof before they protect

Justice begins long before a trial and often without one.

Because many survivors don’t want a courtroom.
They want validation. Safety. Freedom.
To be heard and believed.

The real tragedy isn’t that some abusers walk free.
It’s that the system was built in a way that practically guarantees it.

When “proof” becomes a higher priority than protection, survivors lose.
When trauma is treated like inconsistency, survivors lose.
When the law requires a child to explain what they can barely name, survivors lose.

And until that changes?
The justice system will keep failing the very people who need it most.

This is Part 7 of the ‘What We’re Still Not Talking About’ series.
Read the full flagship article here:

What We’re Still Not Talking About