Rape and Sexual Violence

(Limited Text - Ministerial Extracts only)

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Tuesday 8th March 2022

(2 years, 1 month ago)

Commons Chamber
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Victoria Atkins Portrait The Minister of State, Ministry of Justice (Victoria Atkins)
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I have had the privilege of debating International Women’s Day for several years, but never has one been set in such an atmosphere or against such an international backdrop as the horrific invasion of Ukraine. We are incredibly honoured to have heard moments ago from President Zelensky, who is facing enormous threats to his personal safety and that of his country and fellow citizens. I will address the debate in the same spirit of international unity on this great day when we celebrate and mark our hopes and aspirations for women around the world.

The last 13 days have shown how precious democracy is across the world. We in the United Kingdom have a long and proud history of democracy, but it is something that we must protect, cherish and nurture. We in this Chamber are the personification of the importance of democracy in our country. It is through contributions made here, and through the work of Back-Bench MPs and Ministers, that we deliver change through democratic processes in our great country.

We are already hearing of terrifying incidents of violence against women and girls in Ukraine. Of course, we have seen the absolutely heart-rending experiences of women and girls fleeing their home and their country to seek safety and sanctuary elsewhere in Europe. We stand with them and with all women and girls who are living through conflict in this terrible time. I take in genuine spirit the tone in which the debate has been raised and I invite, as we have as a Government, scrutiny of the measures that we are taking to address violence against women and girls.

We have taken a hard and honest look at how the entire criminal justice system deals with rape and serious sexual violence. We have acknowledged that in too many instances, it has simply not been good enough. Since the publication of the rape review last year, however, we have learned lessons and we have brought and are bringing measures into place to build change.

When these devastating crimes happen, we want victims to come forward and feel confident to report them and to seek justice. That involves many stages of the criminal justice process from the moment a report is made to the police to the conclusion of the case. On the global stage and on British streets, we are working tirelessly every day to ensure that women and girls feel safe and that they know that they can trust the criminal justice system to punish perpetrators. We are breaking biases, supporting victims and making the changes that the public expect.

Emma Hardy Portrait Emma Hardy
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As I raised with my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves), when rape convictions are completed and somebody is found guilty, the victim is sometimes unable to get criminal injuries compensation because she may have prior convictions that are unrelated to sexual assault, as happened to my constituent. I have raised that in Parliament before and I was promised a meeting with a Minister, which has not yet been forthcoming. In the spirit of co-operation, I hope that on the issue of sexual violence, the Minister will look again at eligibility for criminal injuries compensation.

Victoria Atkins Portrait Victoria Atkins
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The hon. Lady has raised an important point and I undertake myself to meet her to discuss this—very much so.

This Government have taken decisive and measurable action in the last 12 months to make our system stronger. I stress the word “measurable” because this is how we are going to drive change across agencies over the coming months and years to address the issues highlighted in today’s debate. We are focusing on preventing these horrendous crimes from taking place in the first place. We published the tackling violence against women and girls strategy last year very much in response to the 180,000 accounts that we received from women and girls, and men, who wanted to share their thoughts and experiences of violence against women and girls.

We have already put a range of practical steps in place, including, only last week, the public communications campaign “Enough”, which I encourage all Members across the House to share on their social media channels and networks to get the message out about the unacceptable attitudes that we do not want to see in our country in the 2020s.

We have also funded local projects and initiatives across England and Wales to the tune of more than £27 million to improve the safety of women in public spaces through the safer streets fund. I know this is a matter of interest to various colleagues. We, of course, have the roll-out of statutory relationships, sex and health education in schools, because we understand that we need to ensure that children and young people are taught at the earliest age possible and in an age-appropriate way what healthy and respectful love looks like.

In the last year, we have also published the end-to-end rape review report and action plan and we have looked at every stage of the criminal justice system. The hon. Member for Lewisham West and Penge (Ellie Reeves), understandably, says it took a long time. It did, because this is such a complex area, and everybody in the House will appreciate that we do not want to suffer unintended consequences, no matter how well meaning measures may be in the first place. With that approach, we outlined in the action plan a robust and ambitious programme of work.

In December, precisely because we are determined to have an attitude of non-defensive transparency about what is happening at various stages across the criminal justice system, we published our first six-monthly progress report and quarterly scorecard for adult rape cases. I am never very sure about that precise word, but it is the word we have come up with for the time being. It is about increasing public transparency of performance across the criminal justice system at every stage by grabbing data from the system from the moment a crime is recorded by the police to the completion of a case in court. The metrics have been selected to cover priority areas such as victim engagement, timeliness and the volume of cases reaching court.

The hon. Lady raised the point about equalities. Believe you me, this is something we are very conscious of. She will, I hope, understand—I do not say this by way of complaint; it is just a fact—that, because different parts of the CJS collect their data in different ways and measure different things, we have had to group together. She will have seen from the scorecards how carefully we have had to use the measures in various parts, because there is not a single line of measurement that runs through every stage of the CJS. We will get there, but at the moment it is taking a bit of time to collect that data. On the point about equalities, it is one of those measurements that we do not have yet. That is not for want of attention or effort, but it is taking a bit of time to try to address some of the very real equalities measurements. She will know, I hope, that, as part of the scorecard process, I personally not just chair meetings with leaders across the CJS, but listen to survivors groups, because they are the people who can very much guide us on some of this work.

Jess Phillips Portrait Jess Phillips (Birmingham, Yardley) (Lab)
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Could the Minister explain whether there are any plans with any of the scorecards or process of monitoring to look at the data around constant and repeat offenders? One of the main problems in the system is that nobody is monitoring repeat offenders or doing any real offender management. What we see again and again is the same people committing the same crimes. Will anything be found in the data to deal with that particular issue?

Victoria Atkins Portrait Victoria Atkins
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May I correct the hon. Lady on that point about repeat offenders? People are managing it and monitoring it, albeit not through the scorecard. She will know of the offender management systems in place and the ViSOR—violent and sex offender register—system. She will also know, because we discussed it at great length during the passage of the Domestic Abuse Act 2021, of our programme to revolutionise the way the current system, MAPPA—the multi-agency public protection arrangements—works into MAPPS—the multi-agency public protection system—which will be able to track the most dangerous offenders in the ways both she and I want. We are offering these metrics precisely so that there can be scrutiny of the stages at which things are going right, or indeed wrong. Having produced national scorecards, we will soon produce local scorecards so we can look locally to see where good practice is happening and where other areas need to follow suit.

On the criminal justice system, we have recruited, as I hope the House knows, more than 11,000 police officers as part of our commitment to recruit 20,000 officers, and more than 100 prosecutors in the Crown Prosecution Service have already undertaken induction training on rape and serious sexual offences. On the point raised about mobile phones and the data strip search, again, having listened to victims, charities that support survivors and the Domestic Abuse Commissioner and the Victims’ Commissioner, we have in the Police, Crime, Sentencing and Courts Bill set out the legal framework for digital data downloads. We understand how that can be so terribly difficult for victims and their willingness, frankly, to go along with a case.

The issue of specialism has been raised. That is why we are supporting Operation Soteria, a joint police and CPS programme of work whereby they turn the investigation on its head, from looking at the victim to looking at the suspect. That is clearly the way forward and we have committed to expanding the initial work from five areas to, in the next tranche, 14. We will be rolling this out nationally, but we have to do it through the staged approach because one can imagine, I hope, the differences between a huge metropolitan force and a much smaller, more rural force in terms of economies of scale and ways of working. We are doing it in an iterative, careful way so that when we make change we make effective change that has meaningful and positive consequences for victims.

We are focusing even more on victim support, too. We are putting victims at the heart of the system so that they get the support they need to continue with such cases. We are providing an unprecedented £150 million to victims support services this year, an increase of over £100 million on the budget in 2010-11, and we have committed to increasing funding for all victims support services to £185 million by 2024-25, including increasing the number of independent sexual and domestic violence advisers, because we know that victims who have access to IDVAs and ISVAs are nearly 50% more likely to stay engaged with the criminal justice process.

We are also commissioning a new national helpline and online services for victims of rape and sexual violence, which will be available 24/7. This is a real step forward. We want victims to be able to get help when they need it. We have seen the huge successes of the national domestic abuse helpline and I want to replicate that for victims of sexual violence.

Matt Western Portrait Matt Western (Warwick and Leamington) (Lab)
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Does the Minister agree that many police forces no longer have RASSO—rape and serious sexual offences—units? Does she think they should have them?

Victoria Atkins Portrait Victoria Atkins
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We have different agencies involved in the criminal justice system. Sometimes, there is an understandable wish in the Chamber for us to be able to control everything from the Dispatch Box, but we have a strong tradition of chief constables directing their personnel, training and so on. I have to say that the reaction of the police to Operation Soteria has been truly committed. They want to make the sort of changes we are already beginning to see with Op Soteria. I genuinely believe that, through Soteria, we will begin to see real change in policing. With the roll-out of that in the pilot areas, national learning is already being shared and that will roll through forces—even those not in the next tranche of 14.

I am conscious about giving Back Benchers time, so I will pick up just a couple more points. I hope that the House supports our decision to include violence against women and girls in the strategic policing requirement, which means that it must be prioritised as other serious crimes such as homicide, serious and organised crime and terrorism are prioritised. Of course, through the Domestic Abuse Act 2021 and previous measures, this place has strengthened the law on things such as the so-called rough sex defence and the new offence of non-fatal strangulation. Indeed, the police Bill, which is in the other place, will increase the time that sexual offenders serving sentences for offences of particular concern must spend in prison from half their custodial term to two thirds.

We have heard about the roll-out of section 28, which, in fairness, I think the Opposition welcome. That is one of the levers by which we will really make progress on the timing of cases. If we can persuade the CPS and judges to permit victims to give their pre-recorded evidence at a very early stage in a case after investigation, that will help with timeliness. There is hope and expectation that that will increase guilty pleas, but also it will help victims to give their best evidence in a timely fashion, and juries will, in due course, be able to consider it. We will roll that out as soon as is practicable.

My hon. Friend the Member for Newbury (Laura Farris) highlighted the issue of cases being knocked off the list, floaters and so on. Again, we expect that section 28 will be able to deal with some of listing issues that she rightly raised..

Laura Farris Portrait Laura Farris
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I of course endorse and support everything the Minister said on section 28. Everyone who has given evidence to the Home Affairs Committee’s review on rape has spoken about how important that is. There have been one or two dissenting voices, but the power of section 28 procedures has basically been advocated across the board. The one thing that was said to the Justice Committee this afternoon that I must make the Minister aware of is that at the moment it is very patchy whether police forces across the country are even aware of section 28, or whether they are making victims aware of it. With the national roll-out, will she pledge to ensure that the police are applying it?

Victoria Atkins Portrait Victoria Atkins
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Of course, that communication programme is part of our work in rolling it out. That is why we are working as fast as we can, but we do need to take the police and others with us.

In terms of minimum and maximum sentences, the average sentence for an offence of rape in 2020 was more than 10 years. We very much respect the right of courts to retain all available sentencing options in these cases, but we understand from the figures that we see that the courts are mindful of the enormous impact that these terrible offences can have on victims and the wider community.

I gently remind the Opposition that they called for a single Minister. Well, we have two for the price of one here on the Government Benches. We all understand that the criminal justice system has many facets. We have two Ministers solely focused on violence against women and girls. Finally, I thank every single woman—and every person—working across the criminal justice system to help support victims of rape and sexual violence. That includes those offering a hand to hold in a sexual assault referral centre, independent sexual violence advisers as well as our team of officers and Crown court and other litigators. Every single one of them is helping us to deliver justice and I thank them sincerely for it.

--- Later in debate ---
Rachel Maclean Portrait The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
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It is real privilege to be able to close this debate and, in particular, to follow the speech by the hon. Member for Cardiff North (Anna McMorrin). It is the first time that I have heard her story, but I am sure that she will have made an enormous difference by speaking out today in the way she has, and I commend her courage. She is absolutely right to say that she will be changing attitudes by addressing the stigma and breaking the bias, so I want to thank her, as will, I am sure, every Member of the House.

It is a real privilege to close the debate on International Women’s Day, and I associate myself with all the remarks that have been made paying tribute to President Zelensky and the incredible women and girls of that amazing country, Ukraine. We stand with them. I never thought when I entered Parliament that I would be addressing the House after a speech such as the one I heard today. None of us has been left unmoved by it.

It is right that we focus on how we support victims and bring perpetrators to justice. I thank everybody who has brought before us the experiences of their constituents and told their stories. Listening to those victims and their experiences is how we drive the change across the justice system that all of us in this House are passionate to achieve, in order to build a fairer society for women and make our streets safer.

Yesterday, many of us attended an event run by Women’s Aid—it was a pleasure to see so many Members there. The comments made at that event chimed with me and many others. One of the Spice Girls, Mel B, stood up and said that she had no problem at all standing on a stage at Wembley stadium, singing and performing in front of hundreds of thousands of people, but that was nothing compared with the trauma of having to tell her story about her abusive marriage and everything she has gone through. Continuing to allow these victims and these incredible survivors to come forward, supporting them, and working to achieve the change we all want is how we will change the system.

I thank all Members who have spoken in this debate. They have raised a number of points. Time does not allow me to address all of them in detail, but I will start with the issue of stalking, which has been mentioned by many Members. Stalking is a very serious matter that has a broad spectrum of manifestations. We are, of course, looking at this issue in the context of domestic abuse, and also of harassment. That is why we awarded £11.3 million to police and crime commissioners to fund programmes for domestic abuse perpetrators and perpetrators of stalking, whether or not it takes place in a domestic abuse context. A wide range of sentences are currently imposed for stalking offences, reflecting the broad spectrum of manifestations of this behaviour. The most serious offences could result in a maximum of 14 years’ imprisonment.

We have discussed extensively in this Chamber the issue of stalking protection orders. As hon. Members know, I recently wrote to all police forces making clear where they are not using those tools appropriately, and that they need to use the levers at their disposal in order to properly keep women and girls safe. The grant rate for those orders is very high, and where they are being granted, the police feel they are a very useful measure, but there is more we can do.

We have also discussed the issue of spiking. We have all become familiar with these new and concerning reports of needle spiking, which is a terrifying experience—something that I think we all find appalling, frightening and disgusting. It is a reasonably new phenomenon, which is why my right hon. Friend the Home Secretary is working with the police to better understand the exact nature of spiking; what is actually happening with that crime? We are working to make sure we record these incidents through the crime recording framework, and are also urgently considering the case for a criminal offence targeting spiking directly. There are already a range of offences on the statute book that the police can use to prosecute this behaviour, but we are all concerned with making sure that those offences are used and we will not hesitate to legislate if necessary.

David Johnston Portrait David Johnston
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My constituent Sharon Gaffka is involved in a campaign on spiking, having been spiked twice herself. She now has more than 1,000 testimonies from people ranging from the age of 14 to 65. It is not always a sexual offence—sometimes friends do it to each other because they think it is a bit of a laugh to get a reaction—but I wonder whether I can get my constituent to share those testimonies with my hon. Friend to help inform the Government’s understanding of what is going on here.

Rachel Maclean Portrait Rachel Maclean
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Of course. I thank my hon. Friend very much and I would be delighted to do that. I am working across Government with colleagues in the Department of Health and Social Care, the Ministry of Justice, the Department for Education and so on to have a cross-Government response to this matter.

Members have raised the issue of sentencing in a range of contexts. It is important to note that the Police, Crime, Sentencing and Courts Bill, which is passing through the House, will ensure that serious sexual and violent offenders serve two thirds of their sentence in prison, instead of half. Indeed, a number of other measures in that Bill strengthen the management of sex offenders, including by enabling electronic monitoring requirements to be imposed on those who pose a risk through sexual harm prevention orders and sexual risk orders, if necessary.

It is important that our criminal justice system catches up from the impacts of the pandemic. Our decisive action in the courts has kept justice moving. That is why we invested a quarter of a billion pounds to support recovery in the last financial year, and 30 Nightingale courtrooms are to be extended until March next year as we work across Government to continue our efforts to tackle the impact of covid-19 on the justice system. The new victims Bill, which we are introducing as quickly as possible, will bring about a cultural shift so that victims’ experiences are central to how our society thinks about and responds to crime. We want to ensure that the Bill tackles the things that victims most care about.

Members have referenced health, which is a vital component of our strategy to provide the tailored support that victims of rape and other serious sexual offences need. Through the work being carried out by my colleagues in the Ministry of Justice, the victims Bill consultation is looking closely at the commissioning of community-based services, including the role of health bodies. That consultation is now being analysed and we will bring forward a draft Bill as soon as possible.

I will reference an important piece of work from my colleagues in the Department of Health and Social Care through the women’s health strategy. The Department will appoint our first ever women’s health ambassador for England, whose role will be to focus on raising the profile of women’s health, increasing awareness and bringing in a range of collaborative voices. Members will know that I work closely with Women’s Aid, which is campaigning on better mental health support for victims of trauma and sexual offences. That forms another important component of the domestic abuse plan that we are bringing forward.

It is important to reference that we on the Government Benches fully accept that the current data shows that the system is not working as well as it could be. We have consistently been honest and transparent about that. It is only by doing that that we will be able to bring about the change that is desperately needed.

Robert Neill Portrait Sir Robert Neill
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I am glad that my hon. Friend references data. Will she take on board the fact that the joint thematic report from the two inspectorates specifically references the need to do more on data in this field and ensure that that is in the Government’s response?

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for his intervention. We are reviewing those reports and others to ensure we have that data at our fingertips and bring forward the response that is required for victims. We are not complacent. We know there is more to do. This is the third time in the space of a week that I have personally stood in this Chamber discussing these very important issues. I am happy to continue to do so, because the work we are doing through Operation Soteria and some of the other workstreams is groundbreaking. I am proud to be associated with it, but we will not rest until we get the result that we need.

Question put and agreed to.

Resolved,

That this House commemorates International Women’s Day; regrets that under this Government conviction rates for rape have reached a historic low and that the typical delay between reporting an offence of rape and the completion of the resulting criminal case is over 1,000 days; calls on the Government to introduce minimum sentences for stalking and rape, to raise minimum sentencing for spiking and to implement Labour’s survivors’ package for victims of rape and serious sexual violence to restore trust in the criminal justice system; and further calls on the Government to begin an immediate assessment of the impact of setting up specialist rape offence courts on the significant Crown Court backlog of rape cases, as recommended by HM Crown Prosecution Service Inspectorate.