Violence Against Women

Baroness Stern Excerpts

Thursday 13th January 2011 Lords Chamber

[Baroness Stern]

My Lords, I, too, thank the noble Baroness, Lady Gould, for initiating this debate and for encouraging me to participate at rather short notice. It will come as no surprise to noble Lords that I will concentrate my remarks on matters to do with rape.

Rape is of course mainly, although not exclusively, directed against women, and is one of the most serious, invasive and damaging aspects of violence against women. The work that I carried out for my review involved meeting a number of rape victims and listening to what they had to tell me. That made clear to me how damaging rape is and how long lasting its effects are. The report of my review was published last year. Therefore, I will look at some of the developments since then—most of them positive and welcome—as well as seek some guidance from the Minister on where she sees this work going.

Let me start by saying how welcome is the approach that the Government have taken in the document, Call to End Violence against Women and Girls, which agrees on the need for a broad response. Criminal justice is undoubtedly important, but equally important is prevention and support for the victims. I also welcome the way in which the Government have set the discussion in the document within the framework of international norms and standards on women’s equality and the Government’s obligations under those international instruments, which were listed comprehensively by the noble Baroness, Lady Gould. People who have suffered serious violence are entitled to support and help. That is not a favour or a charitable act but a right.

Moving to specific points, I think that one of the major issues surrounding discussion about rape is the question of outcomes in the criminal justice system. In that context, I shall first mention some steps that have been taken by the Ministry of Justice to ensure that the information in the public domain about how rape is dealt with is more useable and comparable than has been the case to date and is less likely to lead to misunderstandings and ill-informed argument. Alongside the announcement of their sensible decision not to proceed with providing anonymity to defendants in rape cases, the Government also published a report that pulled together research evidence. I was glad to have the opportunity—pre publication—to advise on the report. The report, Providing anonymity to those accused of rape: An assessment of evidence, gives for the first time a breakdown of the outcomes in rape cases that come to court.

I want to get those figures on the record, because the more widely known they are, the more likely it is that victims will feel, first, that it is worth reporting what has happened to them and, secondly, that it is worth staying with the process, even though it is lengthy and can be painful. The Ministry of Justice researchers carried out a one-off analysis that found that, of all the 2007 rape cases where the trial was completed by the end of 2008, 42 per cent of defendants were found not guilty and 58 per cent were convicted of an offence, of which 34 per cent were convicted of rape, 17 per cent of another sexual offence, 3 per cent of another violent offence, 3 per cent of another indictable offence, and 1 per cent of a summary—that is, a minor—offence. Thus, 54 per cent were convicted of rape or another sexual or violent offence. This is new information and it is important that we have been provided with it.

I also welcome the report's statement that,

“the MoJ have been working with the National Statistician to explore fully the issue of conviction rates in rape cases … a wide consultation on full proposals for the measurement of conviction rates in statistical bulletins across all offences is planned”.

This is particularly welcome because we shall at last be able to compare rape outcomes with those for other serious violent offences. I am very grateful to the research and statistical staff at the Ministry of Justice for the hard work that they have done in beginning to sort out the confusions over outcomes in cases of rape.

The research report also looked at evidence on false allegations and announced a welcome piece of work that will look at the extent and nature of false allegations. That work,

“will help further knowledge about the circumstances under which false allegations of rape are made, and how these compare to false allegations made of other sexual and violent crime. It will also help shed light on what happens to those proven to have made false allegations”.

I particularly welcome the decision to undertake that piece of work. When I was carrying out my review, I found the matter of false allegations particularly concerning. Perverting the course of justice by making a false allegation of such a grave crime is serious—there is no doubt about that—but in some cases that I came across there was an anxiety about the surrounding circumstances, about the vulnerability of the accuser and about the level of culpability that suggested a more reflective approach might be appropriate. Noble Lords may have read about the case of the abused woman who retracted her report of rape under pressure and was jailed for making a false allegation, although she was subsequently released by the Lord Chief Justice. It is therefore much to be welcomed that the Director of Public Prosecutions announced in a recent statement that interested parties would be consulted about producing new guidance that in future the Crown Prosecution Service will consider before such cases are prosecuted.

I will move on quickly to the question of serious violence against street prostitutes. One of the most remarkable discoveries that I made in the course of the review was that much superb work is being done by a range of people to protect street prostitutes from violence and serious assault and to take the necessary steps to prosecute and bring to trial those who carry out such assaults. At the end of last year, I was privileged to attend a big meeting organised by the Metropolitan Police, at which specialist police from Liverpool, and the outstanding women who work as specialist independent sexual violence advisers with street prostitutes in Liverpool, were invited to share their experiences of the best way of convincing street prostitutes that it is worth reporting assaults and of helping them through the criminal justice process.

In that connection, I will mention a scheme called ugly mugs, which aims to collect intelligence on those likely to perpetrate violence against prostitutes and circulate the information to those likely to be harmed. After a pilot scheme, a plan for a national scheme has been put forward by the UK Network of Sex Work Projects, as there is evidence that such perpetrators tend to move from one city to another. Are the Government looking favourably at supporting the idea of a national scheme to take forward this valuable work?

Finally, I very much welcome the announcement by the Government of continued funding for sexual assault referral centres and independent sexual violence advisers. At the end of last November, I was happy to travel to Ipswich to cut the ribbon at the opening of the first sexual assault referral centre in Suffolk, which brings together the police, local authorities, health authorities and the voluntary sector in a co-ordinated effort to provide a complete service to rape victims of all ages. The opening of the centre was the outcome of years of hard work and a most heartening occasion. Therefore, I ask the Minister, whose commitment to this work is unswerving, to confirm that the Government are firmly behind the continued development of such centres to make them available as of right to every rape victim who wishes to attend one.