Rape Defendants (Anonymity)

Debate between Cathy Jamieson and Caroline Flint

Monday 7th June 2010 Commons Chamber

[Caroline Flint]

My hon. Friend is absolutely right. It is often only publicity about a rape charge that leads other victims to come forward. It is only at that point that they understand that they are not alone—that it is not their fault and they can do something about it.

Let us consider the case of the black-cab driver, John Worboys. When he was arrested for a string of sex attacks in 2008, 85 women came forward to say that they, too, had been attacked by him. Offering attackers the blanket of anonymity will prevent victims from getting the justice they deserve and hinder the police in protecting the public.

However, the real question is this: on what basis do we distinguish rape defendants from those accused of any other serious, violent or sexual offence? What singling out rape defendants says is that rape victims are less reliable, less credible and less trustworthy—that they are to be believed less—than the victims of any other crime. It reinforces the myth that women who report rape are lying, and gives succour to those who peddle the same old lies about women being responsible for being raped.

Let me be clear that no one doubts the damage that false allegations cause—innocent men find their lives turned upside down, police time is wasted and public money is misused, and they insult genuine victims, belittle their suffering and make juries more sceptical than they would otherwise be—but in the most recent and authoritative report, Baroness Stern could find no evidence that the incidence of false allegations was higher in rape cases than in any other crime. A report by the Home Office in 2005 came to the same conclusion. International research in 2007 showed that, even of the very small number of false allegations, in most cases no offender was named—malice was not the motive; it was a cry for help from a distressed woman. Moreover, the law already deals with those who make malicious complaints against others, because making a false allegation perverts the course of justice and those who do it can, and do, receive substantial prison sentences.

Rape is, by its nature, an extremely difficult crime to prove. Most victims are raped by people whom they know. It takes people a tremendous amount of courage—more courage than anyone who has never been raped can ever understand—to tell someone, anyone, let alone the police, that they have been raped.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Does my right hon. Friend agree that there are particular issues in relation to young people who have been in the care system in cases of historical abuse and that the Government’s proposal would have a very negative effect on the opportunity for young people to come forward, perhaps at a later date?

[Caroline Flint]

I absolutely agree with my hon. Friend. I commend her for all the work in this area that she has done in Scotland. I very much welcomed the time when, as a Home Office Minister, I worked with her. She is right: more and more these days, we hear of people coming forward later, when they have developed the confidence to do so and to talk to others about the crimes that have been committed against them. Again, the serial nature of the crime that we are talking about is important, because when a crime is reported and people hear the name of the person who has been charged, they feel confident to come forward and stand by the victims in the modern day, rather than just in the past.

If we understand what the evidence actually shows—that women are no more likely falsely to report allegations of rape than any other crime—what possible justification is there for giving those accused of rape anonymity? The only other possible explanation is that the stigma associated with being accused of rape is of an entirely different order to that associated with any other serious, violent or sexual offence, but unless we seriously think that there is less stigma attached to being a paedophile, wife beater or murderer than to a rapist, or that society is more understanding of those who sexually abuse children or kill in cold blood, we cannot have anonymity in rape cases without granting anonymity across the board. That principle is totally alien to our system of open, transparent justice, where anonymity is granted only when there are overwhelming, compelling reasons to do so.

I understand that the coalition may be shifting on this matter—I would welcome that—and that it is perhaps considering limiting anonymity to defendants between arrest and charge. That may be worth looking at, but only if the same rule is applied to defendants in all violent crimes, not just rape.