Rape and Sexual Violence: Criminal Justice Response

Debate between Caroline Nokes and Sarah Dines

Monday 10th July 2023 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

I gently say to my hon. Friend the Minister that some kinds of offences can and should be singled out. Actually, that is exactly what we have done with the strategy on violence against women and girls, with the landmark Domestic Abuse Act 2021, because we have to recognise that sexual offences against women have a particular personal, traumatic impact, and we need to do more.

However, I was pleased to hear her single out Avon and Somerset police, and I pay tribute to Chief Constable Sarah Crew, who is the most amazing woman and has spearheaded efforts in that police force to ensure victims are treated sensitively, appropriately and swiftly. The same cannot be said about every police force.

We are now some four months or so on from the Casey review into the Metropolitan police, and too many women still say to me that they do not want to report a crime against them to the Met because they have no confidence that it will be treated fairly and properly, and that they will not end up being the ones on trial. What more can my hon. Friend the Minister do to instil, as she put it, “confidence to report crimes”, when it comes to our capital’s police force?

[Miss Dines]

I am grateful to my right hon. Friend; I know she does great work in this area. I too have been thoroughly impressed at my many meetings with Sarah Crew. She really is a breath of fresh air and I put a lot of hope in the way that she has managed to roll out new ideas about how to police this area. Of course these are heinous crimes and very special offences.

In relation to the Metropolitan police, I have met the commissioner and the deputy commissioner, and I sense there is a change. The oil tanker is moving. At the moment, it is moving too slowly; it needs to move faster. I am optimistic about the new training that new officers are receiving. The emphasis on specialist trained officers is encouraging and I am sure we will see progress.

Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Debate between Caroline Nokes and Sarah Dines

Wednesday 5th July 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

It is a pleasure to serve under your chairmanship, Ms Nokes. I am grateful to the hon. Member for Edmonton (Kate Osamor) for securing such an important debate. I also thank everybody in the Public Gallery for taking the trouble to come along to listen to us. A lot of people work very hard in this area. I accept the letter with pleasure; I know a lot of work has gone into it. The recommendations will be separately and carefully looked at, and there will be meetings if meetings are sought. I thank them very much for that hard work.

As the hon. Lady and other hon. Members are aware, the Government take tackling violence against women and girls very seriously. We are determined to strengthen our response to those horrific crimes, which cause so much pain and suffering across society. We are working in that regard.

I will come to our approach in more detail, but I want to make the point at the outset that the needs of victims and survivors are central to all the work we do in this area. That means that when they encounter the criminal justice system, they should get effective and sensitive support, and should be treated with the utmost respect and compassion.

Let me turn to some of the specific issues raised by Members. In relation to female offenders, we know that many women who come into contact with the criminal justice system have experienced domestic abuse. Ethnic minority women in particular are over-represented at each stage of the criminal justice system, and they face disparities associated with their ethnicity, faith and culture. Since the publication of the female offender strategy in January, we have begun a programme of work aimed at improving criminal justice outcomes and disparities, and we have established the female offender minority ethnic working group, or FOME, to take that forward.

The programme of work includes cultural awareness raising for staff, commissioning an evidence review better to identify and understand the issues that lead to or underpin disparities for ethnic minority and foreign national women, and developing guidance for prison and probation staff better to understand the family relationship structures and support needs of ethnic minority and foreign women.

I thank the hon. Member for Poplar and Limehouse (Apsana Begum) for sharing her experiences of the criminal justice system. As a new Minister, I responded on behalf of the Government to her Westminster Hall debate last November, and heard of her experiences. I thank her for participating in today’s debate.

Women in the criminal justice system have complex issues and vulnerabilities—for example, a history of abuse. There are some things on which I agree with the Opposition spokesman, the hon. Member for Birmingham, Yardley (Jess Phillips). Statistics show that 67% of women in custody or supervised in the community by the probation service with an assessment have experienced domestic abuse. Female prisoners are twice as likely to report the experience of abuse during childhood—53% of women against 27% of men—and female prisoners who report having experienced abuse as a child are more likely to report suffering sexual abuse than male prisoners. The figures are 67% for women and 24% for men. However, we need to remember that there are also vulnerable prisoners of the other sex.

Let me mention the Centre for Women’s Justice. The Ministry of Justice regularly works with the centre, and notably on the rape review, there is a high level of engagement, alongside the Home Office. A lot of work is being done. The centre will also work closely with the Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar), throughout the passage of the Victims and Prisoners Bill. Some of the issues we are discussing today are not directly in my portfolio, but I work closely with my right hon. Friend the Minister of State.

[Caroline Nokes (in the Chair)]

Order. May I interrupt the Minister for a moment? Somebody in the Public Gallery is using a telephone. May I alert the Doorkeeper to that? Back to you, Minister.

[Miss Dines]

I am grateful, Ms Nokes.

On the cost of living, the Government remain committed to supporting victims. We have launched a £300,000 flexible fund, which we are working closely with Women’s Aid to deliver. I was privileged to visit a refuge recently, and to speak to the women who will benefit and who have benefited from that money, which has been accepted. The fund was launched on 10 May, and it makes payments of between £250 and £500. More financial support goes to pregnant women or those with families. Further support—

Oral Answers to Questions

Debate between Caroline Nokes and Sarah Dines

Wednesday 26th April 2023 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

Violence and harassment of women and girls takes place not just in this country but across the world, particularly in places such as Iran and Afghanistan. What work is going on across Government to ensure that the UK is not a bystander when it comes to global violence against girls? In particular, what are we doing about proscribing the Islamic Revolutionary Guard Corps in Iran?

[Miss Dines]

My right hon. Friend knows that this issue is the responsibility of the Foreign, Commonwealth and Development Office, which leads the Government’s support for human rights, particularly matters pertaining to women. This Government, through the Home Office and the FCDO, do a lot to promote women’s rights. It is important that political systems in other countries are able to protect those rights. The main thing we do is sanctions, which are very important in this area. They send a clear message to all sorts of political organisations across the world, including the Iranian authorities. They will be held accountable for the oppression of women abroad.

Protection from Sex-based Harassment in Public Bill

Debate between Caroline Nokes and Sarah Dines

Committee stage
Wednesday 22nd February 2023 Public Bill Committees

[Caroline Nokes]

I apologise if I was not listening correctly, but the Minister mentioned intent. I am not sure that, in simply reiterating the question from the hon. Member for Walthamstow, the Minister gave us an answer. Is she going to give us an answer about intent?

[Miss Dines]

To be able to get forward to the next step of the offence, the prosecution must always prove intent, so we would not get to the statutory defences until we have dealt with intent, and intent depends on the circumstances. I think we all know that it is all quite obvious, although I and the Government are willing to look at a better form of wording. I appreciate that my right hon. Friend feels passionately about this issue, and it is something that will be considered very carefully.

--- Later in debate ---

[Caroline Nokes]

I thank the Minister for giving way again. I wish to follow up the example of the hon. Member for Walthamstow with a very different example, which I have used previously in the Chamber.

A young woman came to speak to me. Her job was pushing trolleys around a supermarket car park. She used to shelter by the security guards for all of lunchtime. I said, “Why? Surely lunchtime is the best part of the day?” She said, “No, because that’s when the builders come.”

Now, I recognise that we are now castigating an entire category of man, and I apologise for doing so, but they would turn up in their vans and harass her while she was pushing her trolleys. This was at the height of covid. She wore a beanie hat, a mask, a thick puffer jacket, leggings and boots; and a man walked up to her, put his hands either side of her face, and said, “You are too beautiful to be doing a job like this.” Can we discuss what the intent and the reasonableness is there? That is a clear case of harassment on the grounds of sex, but it is not as stark as the case that the hon. Member for Walthamstow shared.

[Miss Dines]

I thank my right hon. Friend for raising that example. I personally think that it is just as stark, and that it is just as easy to knock down the defence, because the intent is so obviously there. Intent is not a fanciful legal device. It is something that is pretty obviously stated, and a jury, judge or magistrate—whoever it is—would very easily be able to knock the defence away, but I do value the point that my right hon. Friend makes. The Government have accepted that they will look at that again, and I very much enjoy hearing these interventions.

The Government’s view is that even though these amendments would have the desired effect, they would not be necessary to criminalise the type of behaviour that concerns most of us here, but I do take seriously the concerns that lie behind them and I will give them further consideration. In the meantime, I suggest that the hon. Member for Walthamstow, having probed with quite a lot of debate, and made her point very forcefully, should perhaps not press the amendments.

Moving on to substantive matters more generally—I know that I have taken up a great amount of time—I speak in support of clause 1, which creates the new offence at the heart of the Bill by inserting a new criminal offence within the Public Order Act 1986 as a new section 4B. The offence will be dependent on the behaviour that falls within section 4A of the Act—namely, that of intentionally causing harassment, alarm or distress—and will provide that if someone committed behaviour under section 4A, and did so because of the victim’s sex, they could receive a longer sentence of up to two years, rather than the six months mentioned in section 4A.

The approach of building on the section 4A offence reflects the Government’s view that public sexual harassment behaviour is already covered by existing criminal offences, most commonly that section 4A offence. Had we instead sought to create a wholly new offence, that would have entailed overlap with existing ones, which would be not only unnecessary but actively harmful, as it would create confusion about the law—exactly the reverse of what we are trying to achieve here.

Oral Answers to Questions

Debate between Caroline Nokes and Sarah Dines

Wednesday 30th November 2022 Commons Chamber

[Miss Dines]

I look forward to Sadiq Khan, Mayor of London, tackling this issue—he has been rather slow on it. This Government are fundamentally in support of proper education to protect people, including women and all other vulnerable people within the force. The Opposition really need to look at their own leaders first, and this Government will continue to work hard.

[Caroline Nokes (Romsey and Southampton North) (Con)]

In one week it will be exactly a year since the Law Commission recommended that public sexual harassment be made a specific crime. Does my hon. Friend agree with Plan International, the Girl Guides, Soroptimist International, Our Streets Now, and many other organisations, and will she either back the Protection from Sex-based Harassment in Public Bill, or bring forward her own legislation?

[Miss Dines]

I thank my right hon. Friend for her campaigning and work in this area. I am always impressed when organisations such as the Girl Guides say something, because it usually has merit. I ask her to be just slightly more patient, because I am hoping for some news in this space very soon.