Defendant Anonymity
Debate between Caroline Flint and Crispin Blunt(14 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
I beg to move,
That this House has considered the matter of defendant anonymity.
I welcome the opportunity to speak on this subject for a second time. On this occasion, I am a little less inhibited by time pressure, but I am conscious of the number of people seeking to catch your eye, Mr Deputy Speaker, so I will not delay the House too much. Since I last addressed the House, in the 7 June Adjournment debate, the Government have reviewed the arguments more fully and our thinking has advanced, and I look forward to the opportunity to explain where matters now stand. I also look forward to dispelling some common myths and misconceptions about our policy.
I emphasise again that the question of anonymity for rape defendants is wholly consistent with our fundamental commitment to supporting victims of crime. Violence against women, girls and vulnerable people is totally unacceptable, whatever the context or circumstances. We know that victims of sexual violence often find it very difficult to report a rape to the police, and of course for those who have felt able to come forward, going through the criminal justice process can be an incredibly difficult and painful experience. Our focus is on the rights and welfare of the victim, and we are committed to ensuring that every victim of rape has access to appropriate support. In particular, we are looking at putting funding for rape crisis services on a more sustainable basis and at establishing new rape crisis centres where there are gaps in provision.
The Government Equalities Office is currently carrying out a consultation on a strategic action plan, including Government action on working with a more sustainable violence-against-women voluntary sector, based on cash, commissioning and capacity building. It closes on 23 July. The action plan suggests a capacity-building project to be carried out in partnership with the relevant umbrella bodies, to support their ability to represent Members and work together to influence the Government. The Home Secretary will be chairing a meeting of Ministers across government later this month to discuss how we tackle violence against women more widely.
We will not conflate myths and stereotypes about false allegations with our detailed work on the proposals for defendant anonymity. This debate is not about doubting victims’ reports or repeating uninformed arguments about false allegations. Baroness Stern has stated in her independent and impressive review that this is an area on which we need further research, and the Government are looking into this. I want to make it clear that Baroness Stern’s review of the evidence found that only a very few rape allegations are false:
“It is not possible to establish an exact figure and the research that is available gives a wide range of suggested percentages. Some research suggests that a figure of eight to ten per cent of reported rapes could well be false reports. However, those we spoke to in the system felt that there were very few.”
Mr Blunt
I will give way to the right hon. Lady, but I would like to get through the bulk of my remarks, and make clear the Government’s position and the explanation for it. I will then be happy to take further interventions. At this stage, however, I am happy to give way to her.
Caroline Flint
I am pleased that the hon. Gentleman has just put it on the record that, based on the available evidence, there is little evidence of a high rate of false allegations. In that context, will he speak to his right hon. Friend the Prime Minister, who did not help the debate when he said, having been questioned about falsely accused rape defendants:
“We know that a lot of people are falsely accused”?—[Official Report, 9 June 2010; Vol. 511, c. 328.]
Mr Blunt
I think that the right hon. Lady will appreciate what I am about to put on the record regarding the detail of evidence in this area. I am sure that the House will be pleased to hear that the Government will make a full response to Baroness Stern’s recommendations in due course. I want to make it clear that the issue of false allegations is not one of the reasons for considering changes to our policy on rape defendants. It would be were there strong evidence that a significantly greater number of false allegations are associated with rape than with other offences, but the Government do not believe that to be the case.
On that question, I remind the House again, as I did in the earlier Adjournment debate, that there are in fact two anonymity commitments in our coalition agreement. One relates to rape, the other—referring to no particular offence—to teachers. The House will wish to note that there is a specific reference in our coalition agreement to protecting teachers from false allegations, but no such linkage over rape complainants. It is therefore important that we distinguish between these two commitments. The criminal justice Departments will therefore need to carry out further work in conjunction with the Department for Education before we are in a position to provide a clear statement of how we intend to proceed on the teacher aspect.
The remainder of my remarks, therefore, are addressed to the issue that has caused the most controversy and interest in the House—the issue around rape defendants. However, we will listen carefully to any contributions today on teacher anonymity, which will help to inform our discussions with other Departments.
We are committed to supporting victims and improving the investigation and prosecution of rape.
Caroline Flint (Don Valley) (Lab)
It is a delight to follow the hon. Member for Broxtowe (Anna Soubry). I feel that it might not be too long before she is elevated to the Front Bench. In addressing the debate, she demonstrated what she brings from her experience, as well as her thoughtfulness.
I congratulate the hon. Members for Gillingham and Rainham (Rehman Chishti) and for Cannock Chase (Mr Burley) on making their maiden speeches. They chose an interesting debate in which to do so. May I suggest that the debate could, as they start their apprenticeships in the House, be seen as a master class in how not to develop Government policy? I thought that my hon. Friend the Member for Garston and Halewood (Maria Eagle) forensically took apart the Minister’s opening statement. As the debate is entitled “Defendant Anonymity”, I had hoped that the opening statement would allow discussions to go in a different direction. I thought that the Minister might say, “We’ve thought about this and we may have been wrong to single out rape defendants, so today gives us scope to talk about this on a wider basis.” Unfortunately, however, the Minister has reaffirmed the determination to focus on anonymity for defendants in rape trials, and that is regrettable.
We have had many debates in the House since the general election, including heated and passionate debates on how to cut the deficit, on electoral reform and on the number of MPs we should have, and only this week we have had the statement about which schools will go ahead in the Building Schools for the Future programme—or not, as the case may be. However, few of those issues have provoked the reaction that greeted the proposal to extend anonymity to defendants in rape cases. Little did right hon. Members who are now in government know, all those weeks ago when they were holed up in meetings in the Cabinet Office thrashing out the details of the coalition agreement, the maelstrom that nine words on page 24 would cause. I am afraid that the policy of singling out rape has little evidence to justify it, and that has been confirmed by hon. Members on both sides of the House. The policy, in isolation, really does not help the justice system or victims, and Ministers have been saying different things about it from one day to the next.
When the law on giving anonymity to defendants in rape cases last applied, it created a legal quagmire. It was a mess, where those accused of inciting rape were given anonymity but not those who conspired to it. The names of defendants charged with aiding and abetting rape were known, but not the names of those charged with burglary with intent to commit rape. The public knew the names of those who had planned to rape but failed, but did not know the names of those who had succeeded. It is an incredibly complicated area, not only for rape but for other offences, should we go down that route—I have sympathy with the suggestions made by the hon. Member for Broxtowe on expanding that aspect. Let us be in no doubt, however: any movement on the issue, in any direction, will create a lot of controversy. We must be careful about unforeseen consequences.
No one seems able to explain why we need to give rape suspects anonymity in the first place. As has been said, singling out rape defendants sends a devastating message to the victims of rape—that, uniquely, among all other complainants, they are not to be believed, even when Home Office research shows that false allegation rates are no higher for rape than for any other crime.
The proposal touches on what is meant by false allegation. Philip Rumney, of Sheffield Hallam university, provides the best definition I have come across. He says that
“a false allegation can be defined as the description of an event that the complainant knows never actually occurred”
suggesting
“a conscious or malicious motive on the part of the complainant.”
Those two elements—the fact that the complainant knows that what she or he is alleging never actually happened and the malicious motive—distinguish genuine false allegations from other cases when the complaint is withdrawn rather than retracted, when there is insufficient evidence, or when as we know, sadly, that owing to mental health problems the complainant genuinely believes that they have been attacked.
We have not even talked about other vulnerable victims, who often face cynicism about their complaint. Many people with learning disabilities have not been believed. Elderly people suffering from Alzheimer’s or dementia may find it hard to convey what has happened to them and—I am sorry to say—may be dismissed when they come forward or talk to family and friends about what they have experienced.
There is already evidence that too many cases are wrongly classified as false allegation. That is a problem and we need research to make sure that recording is clear, not only for rape but for other crimes too. I think that the police and prosecutors have made huge progress in that area, particularly when they have specialist training, so I do not want the House to misinterpret what I am saying. However, Home Office research in 2005 found that the police displayed
“a tendency to conflate false allegations with retractions and withdrawals,”
thereby feeding a damaging culture of scepticism, which deters victims from coming forward to seek justice. The proposal is likely only to harden such attitudes, when we should be challenging them.
The only other possible justification for the proposal is that the damage associated with being accused of rape is of a completely different order to every other crime. Members have cited other crimes when a person who was falsely accused felt justly aggrieved and distressed, and the result was suicide or other action that caused distress to their family. It is not credible to suggest that being accused of rape is uniquely devastating, in a way that being accused of domestic violence, murder, sexually abusing children, or even defrauding a popular charity are not.
We have witnessed the rather bizarre spectacle of Ministers coming to the House, or writing to Members, asking them to provide evidence to support the Government’s policies. I know that times are hard and Departments are facing cuts of up to 40%, but if the Government are not able to find evidence to support their own policies, it is not our job to do so. Indeed, a month ago the Minister wrote to me requesting evidence and asked me to provide it within a week. I am pleased to tell the House that I was able to meet his deadline, but I am less pleased to have to inform the House that I have yet to receive a reply. Perhaps I should have insisted on a deadline for comments from the Minister.
In response to my Adjournment debate, the Minister said that the Government would proceed on the evidence, and no one doubts the need for more and better research. Baroness Stern made that point very eloquently in her review earlier this year; but she said that the evidence needed to be looked at before the policy is decided. The coalition has committed itself to granting anonymity to rape defendants before even looking at the evidence. That suggests to me that the Government are proceeding not on the evidence, but on the basis of a misconception.
Mr Blunt
If I have not formally thanked the right hon. Lady for the letter, let me put that on the record now. I assure her that I was not anticipating evidence from her in support of the Government’s position; it was really a challenge for her to come forward with evidence, on the basis of the issues that I raised in the Adjournment debate and have repeated today. If there is evidence that would cause us to rethink, let us have it. We are looking for it and we will publish our analysis by 28 July.
Caroline Flint
I certainly was not seeking to provide evidence to support the Government’s position. I was providing evidence to explain why the Government’s position was wrong. What I have failed to receive is evidence from the Government as to why they are pursuing this singular policy of anonymity for rape defendants.
In one of Baroness Stern’s 23 recommendations—I hope that the Government will give the other 22 equal time and priority—she asks that there should be research, and
“that the Ministry of Justice commissions and publishes an independent research report to study the frequency of false allegations of rape compared with other offences, and the nature of such allegations.”
She was saying that the matter should be looked at in the round.
As I said earlier, I am sad today that the opportunity was not taken by the Government to knock this coalition proposal on the head and move us into an area where we could find some consensus and agreement across all parts of the House.
Rape Defendants (Anonymity)
Debate between Caroline Flint and Crispin Blunt(14 years, 5 months ago)
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Mr Blunt
Giving evidence as a complainant is both difficult and stressful, and there are already policies in place to try to make this easier. Anything that can be done to reduce the pressure on witnesses in these circumstances is surely something we should contemplate. Equally, defendants accused of rape and not convicted are entitled to some protection. Anybody accused of rape is likely to be subject to minute scrutiny, often raising matters detrimental to the individual’s reputation that, in any other circumstances, would be regarded as trivial or irrelevant.
Caroline Flint
I thank the hon. Gentleman for giving way. Is he really, seriously suggesting that the stigma associated with being accused of rape is no less than that associated with being accused of child abuse, assault, murder or wife beating? Why does rape stand out? Is it really about the fact that you just believe—[Hon. Members: “You?”] Sorry, is it really about the fact that the hon. Gentleman just believes that women who come forward to accuse someone of rape must be putting forward false allegations and are not to be believed, when the evidence shows that that occurs in a complete minority of cases?
Mr Blunt
No, and no. I should be grateful if the right hon. Lady would, as we ought to in handling such cases, try to take the temperature out of the debate and turn to evidence rather than supposition. Let me continue with my remarks.
If the defendant is acquitted, quite apart from the lingering suspicion of guilt that might remain, there might be a range of adverse material about that individual in the public domain which would otherwise have remained private and which cannot even be expunged by an acquittal. Our approach to defendants who are accused of rape but not convicted will be based on what is just. There are a number of possible options on the timing and scope of anonymity. On timing, it could extend from the point of the accusation until the time the defendant is charged; or to the beginning of the trial; or to the point of conviction.
Further options relate to the scope of the anonymity in so far as the offences are concerned. It could cover anonymity in rape cases, but it could go wider. There are reasons why it might also be applied to other offences. I remind the House that our coalition agreement also states that we will give anonymity to teachers accused by pupils and take other measures to protect against false accusations. The principle is linked to anonymity in rape cases, as the tragic case of Nick Drewett showed. It was the reputational damage that caused him to take his own life, and, although we recognise the difficulties in any extension to particular professions or classes of offence, anonymity for those in positions of trust could apply more widely than to sexual offences. We have not yet discounted any options.
Whatever our conclusions, I can make it absolutely clear that we have no intention of extending similar protections to rape defendants once convicted. The media will be able to report the cases of convicted defendants in the usual way. A reason in principle for bringing forward the proposals is to help to restore the balance in rape cases with the anonymity given to complainants. It has often been said that the justification for complainant anonymity does not apply to defendants, on the basis that the purpose of complainant anonymity is to encourage more complainants to come forward—a factor that does not apply to defendants.