Justice has come a long way since Mohamed al-Fayed – but not far enough

How sure are we that the crimes the late Harrods owner has been accused of by hundreds of victims – rape, sexual assault – would not happen today, asks Claire Waxman, London’s victims’ commissioner

The scale of Mohamed al-Fayed’s offending, which continues to come to light, is nothing short of horrifying. That a man alleged to have raped and abused more than 100 women never faced consequences is a devastating blow to the confidence of victims and survivors – and to the concept of justice. But sadly this is not a new story... it is a story that victims have lived for years.

Adding to the concern is the fact that while many victims have only come forward recently, a significant number did what we ask victims to do: they reported to the police and put their trust in the system, with the aim of seeking justice. The revelations that the Metropolitan Police dismissed and potentially mishandled claims from victims – and that the Crown Prosecution Service (CPS) declined to bring charges against a sexual predator – will be hugely harmful to the trust that victims and survivors have in our justice system.

The culture of not believing victims – and the reluctance of the CPS to authorise charges – has denied countless victims the justice they deserve. It also left this dangerous perpetrator free to continue his offending with impunity. This has been true for so many victims, regardless of who the perpetrator is, but it is hard to imagine that Fayed’s money and power played no role in his ability to get away with his crimes.

The prevalence of rape myths and the attitudes of those responsible for investigating claims has long damaged victims’ ability to seek justice. For too long, it was far too easy to discredit a victim and dismiss their claims. These attitudes and issues were still rampant when I started in my role as London’s victims’ commissioner in 2017 – and is why I published the London Rape Review, in 2019, to better understand victims’ experiences and examine the problematic approaches to investigating these crimes.

Through this work, I am pleased with the progress we are starting to see in overhauling the way that rape is investigated – via a programme known as “Operation Soteria”. This work has shifted the focus of investigations onto the actions of suspects, rather than the perceived credibility of victims. The approach to investigating and charging rape and sexual offences is changing for the better.

I take some comfort from seeing the response of organisations today, which I hope shows a shift in our culture. Harrods has appointed an independent survivor advocate – Dame Jasvinder Sanghera – to create a transparent process of accountability for those affected by Fayed’s offending, also offering compensation to his victims.

The Metropolitan Police has launched a significant investigation into his actions, appealing for victims to come forward and have their voices heard, so the truth can be established. They are also looking at who facilitated and protected Fayed, who shares culpability for the harm his victims experienced. And the CPS has acknowledged its failings in pursuing justice for these victims. But why did it take this long? Why has it taken so many victims coming forward and so much media attention for these organisations to act?

Justice has come a long way in the last few decades – that is undeniable – and I believe today’s “victim-centred” and “suspect-focused” approach might well have seen justice be done, particularly given the scale of the allegations. That being said, I am not naive to the problems that continue to exist within our justice system, and in society more widely.

While I think the experience of a victim reporting today will be quite different to that of the past few decades – as one would hope – the challenges they face remain vast. For the “lucky” few that get that far, rape cases take many years to get to court, and our latest data shows 60 per cent of all rape victims end up withdrawing from the justice process.

Cross-examination in court can be brutal and traumatising, and I routinely hear from victims whose rights are being used against them, such as when they apply for compensation; this only serves to damage their credibility in court. These same myths – prevalent throughout society – inevitably exist within juries and lead to unjust acquittals. The road to justice is long, winding, and littered with obstacles that many cannot overcome.

All these issues come before we even get to the question of money and power, and there are endless examples of victims who have been silenced by individuals or institutions, and powerful men who have evaded justice.

Do I believe that the justice system is fair to victims? No. But are things getting better? Yes. We need victims to report if we have any hope of holding people to account and protecting others. The numerous victims coming forward about Fayed have shown immense bravery, as do the countless numbers that report crimes every day. Now we need the justice system to step up and do its part.

Claire Waxman was appointed in 2017 by London mayor Sadiq Khan to be the city’s first independent victims’ commissioner