Rape and Sexual Violence

David Johnston Excerpts

Tuesday 8th March 2022 Commons Chamber

[David Johnston (Wantage) (Con)]

I wish we did not have to debate a topic like this on International Women’s Day, but given how the system has been failing victims of rape, it is right that we do. I do not think that the country has ever had a good enough approach to the victims of violence and sexual violence towards women and girls—not successive Governments, not the police, not the Crown Prosecution Service and not wider society. I will return to that point.

I looked at the figures yesterday. In the year ending 2003, there were 11,445 rapes against females in this country. In 2020, there were close to 53,000 rapes against females in this country. I accept that, as with all crime, people will say that that is partly a result of better systems for reporting and recording, but that can only be part of it. In only two of the years between 2003 and 2020 was there a downward trend; in every other year the figures were up on the year before. They have gone up further still, and our conviction rate is much lower.

While preparing for this debate, I went back to some of the very powerful cases that I have heard about from constituents. Unfortunately, such is the nature of these crimes that there are too many for me to cite, but I have picked three. For one constituent, it was three years before their case reached court. During that time, they were told not to have therapy; they were then told that they could have therapy, as long as the therapist’s notes were made available for the defence lawyer of the person who had raped them. They were told that they should not apply for compensation; they were told that they should not talk about the trial; they were told that they might not be able to watch the trial.

I just cannot imagine going through that sort of process after having had this done to you—having justice denied for so long and all these obstacles put in your way. I can imagine why it is easier to let it go and think, “I don’t want to carry on with this, because it feels like the system works for the perpetrator rather than for the victim.”

I had another constituent who was raped by someone who had already had six “no further action” notices for six separate assaults against six different women. I had a third constituent who summed up the system pretty well: she said that the police do not feel that they can put forward a case that the CPS will not go for, and the CPS will not put forward a case that it thinks a jury will not go for. She felt strongly that when a case gets to the jury, it is in the hands of people’s prejudices. She quoted statistics from the findings of a 2018 attitudes survey. One in three people had said that they did not think rape as a result of coercion was actually rape, one in four had said that rape in a long-term relationship was not rape, and one in 10 had not been sure whether raping someone who was drunk or asleep constituted rape.

The system is undoubtedly failing victims, and I therefore welcome a number of measures that the Government are taking. I welcome the scorecards, because I think that the data will really help. I welcome the funding for rape support services, and—it is ridiculous even to have to say this—I welcome the increased emphasis that will be placed on the suspect’s behaviour rather than the victim’s credibility. I note what has been said about the proposal for a seven-year minimum sentence, and I note that in 2020 68% of people received sentences longer than seven years and the average was 10 years. I also think it right that the Government are considering the introduction of specialist rape offence courts.

We rightly talk about how to fix the system to ensure that perpetrators are given the punishment that they deserve, that this is a quick process, and that we have a high conviction rate. However, this is another area in which we should spend more time talking about prevention. It seems to me, as I am sure it does to everyone else, that a boy who grows up respecting girls and is taught about healthy relationships is unlikely to become a man who rapes women and keeps them in toxic relationships. When Ofsted conducted a review of sexual abuse in schools, it found that many children and young people did not bother to report such abuse because it was so common that they did not see the point of doing so.

I think that as well as dealing with the people who have committed these crimes, we should focus much more on how we control what children and young people can access on the internet, what they can see in video games, and how they observe men behaving in both private and public spheres. Teaching boys how to behave in the right way will give us the best chance of securing the society with zero tolerance for rape that the Government rightly say they want.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

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]

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]

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.

Hillsborough: Collapse of Trials

David Johnston Excerpts

Thursday 10th June 2021 Commons Chamber

[Robert Buckland]

Indeed, Mr Speaker; you are quite right to add that to the record.

What brings those two tragedies together, although they are separated by time, is the fundamental approach that was taken to safety then. It seems that public order trumped safety, and the attitude of the then authorities was about the containment of potential unruly behaviour rather than the fundamental issues of safety. That lazy thinking, which seems astounding now in 2021, underpins many of the ways in which disasters such as this happened—or near disasters, which on many occasions were averted only by mere good luck or circumstance. That is an important point to reflect on. We cannot go back to those days. The care and safety of fans at matches have to be paramount and at the centre of any considerations by police and other agencies responsible for safety on these important occasions.

I have in my previous answers dealt with many of the proper points that the hon. Lady raises. I will reflect in this way: with regard to the inquest process, I think she will appreciate the important need for me to balance the imperative of ensuring that those who have been voiceless have a voice while at the same time making sure that we do not do anything inadvertent to close down opportunities for frankness. Although the Inquiries Act has done a very important job in making clear what is covered not just by statute but by the common law offence of perverting the course of justice, just because an inquiry might not be held under its aegis does not mean that there should be some retreat from principles of honesty, openness and integrity. That should not be the case. It should not just be about the letter of the law being there; it should be about the spirit of behaviour by everybody. That is what I want to see, and I know that it is what hon. and right hon. Members want to see too.

[David Johnston (Wantage) (Con)]

It is hard to disagree with the reported comments of Deanna Matthews that it is “ludicrous” for the search for justice to have ended in this way, particularly when the community in Liverpool have had to fight so hard for so long to uncover the truth. What does my right hon. and learned Friend consider is the key lesson for the Department he leads to prevent things like this from ever happening again?

[Robert Buckland]

My hon. Friend encapsulates very well the task that is before me and the Government. The task is to make sure, first, that we have finally moved away from the public order mindset that I referred to, but secondly, that in response to any tragedy or disaster that might happen, there is a spirit of openness and a willingness and an understanding that the needs of bereaved families must be at the heart of processes. In everything that we do with regard to future investigations, inquiries and criminal investigations, people must not hide behind process and use that as a shield, because that has been the impression and the perception, which is why the families feel today that deep damage has been done to the process.

Police, Crime, Sentencing and Courts Bill

David Johnston Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[David Johnston (Wantage) (Con) [V]]

There is lots to welcome in this Bill, but I want to focus on the issue that it covers on which I have had more casework than any other—unauthorised Traveller encampments. Unfortunately, these are a common feature in my constituency. Since last July, I have been copied into a weekly report on where there are unauthorised camps. In 20 of the 34 weeks since I have been getting that report, there has been at least one other unauthorised camp in one of the two districts that my constituency goes across, and in 32 of the 34 weeks there has been at least one camp somewhere in Oxfordshire.

When my constituents, who I think respect the right of Travellers to live their lives in the way that they do, write to me about unauthorised camps, they typically describe the same things: abuse, mess, noise throughout the night, and vandalism. The clean-up costs of these things are considerable for local authorities. The vast majority of Travellers do not behave in this way, so it is wrong for the Opposition to say that the Bill is criminalising their lifestyle, but for the minority who do behave in that way, it is right that we change the law to be able to tackle that.

These unauthorised camps cause distress, disruption and damage, as the Bill acknowledges. It is common for the police to say that they do not have the power to act, so it is right that we should lower the threshold to enable them to do so. They are commonly set up on highways, which in my constituency typically means the slip road on the A34 at Drayton, so it is right that we should clear them from such roads. The Bill also acknowledges the cat-and-mouse game that often goes on whereby after a long time trying to get these camps removed, they then reappear in the same place within days or weeks, as they have been doing at Great Western park. I therefore support the Government’s measures involving possible prison sentences, fines or confiscation of vehicles.

We all recognise the right of Travellers to be able to set up camps inside sites that are designated—caravan camp data suggests that those sites have increased by 41% in the past decade—but we should also recognise the right of our constituents to live their lives peacefully in their own homes and neighbourhoods, and we should vote for this Bill tonight to help them to do so.

Prisons (Substance Testing) Bill

David Johnston Excerpts

2nd reading & 2nd reading: House of Commons
Friday 16th October 2020 Commons Chamber

[David Johnston (Wantage) (Con)]

I will be brief. I congratulate my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan). One does not need to be here long to know what a formidable Member of the House she is, and I hope we will see her back here soon. Most of the public are rightly horrified when they hear the stories of drugs and violence in our prisons, but we have to deal with the world as it is and they are a very real and present threat. Drugs affect the physical and mental health of our prisoners and are getting prisoners into debt, which in turn leads to situations of bullying and self-harm. We do not yet have a direct correlation between these psychoactive substances and the violence that we have been seeing, but, given that they make people more aggressive, I think most of us would think that it is at least a factor. Inside prisons, just like the world outside prisons, drugs place huge strain on our medical services and on our education and employment opportunities, too.

Of course, prison is for punishment, but unless we want people to come out, commit another crime and go straight back in, it has to be for rehabilitation, too. Asking our prison staff to rehabilitate people who are misusing psychoactive and other substances in prison is tying at least one hand behind their backs.

We have some stark facts about the problems of drugs in our prisons. Between 2014 and 2019, the proportion of people who said that they got a drug habit in custody doubled. In 2015, Her Majesty’s inspectorate said that psychoactive substances were the most serious threat to having a safe and secure prison system. In 2016, the Mount Prison closed an effective treatment programme due to a massive influx of these psychoactive substances. What we have to do, in my judgment, is support the Government’s prison drugs strategy on controlling those factors of supply and demand, and I welcome the 10 prisons project. However, this Bill is doing a very specific thing to try to update the testing system, because, quite naturally, the production of these drugs and the altering of the chemical compounds in them, far outpaces the system that we have for testing. It is right that we give our prison staff the tools they need to identify both those who are evading punishment but also those avoiding treatment. It surely must be in all our interests that we give prisoners the best chance of a successful life once they have completed their sentences.

Counter-Terrorism and Sentencing Bill

David Johnston Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[David Johnston (Wantage) (Con)]

It is a pleasure to speak in this debate, in which there have been very thoughtful contributions on both sides of the House, particularly from my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) and the hon. Member for Belfast East (Gavin Robinson).

I grew up in east London, and I felt the windows shake when the Canary Wharf bomb went off in 1996. That was not the first terrorist attack that had happened in my lifetime, but it is the one I remember feeling most vividly a proximity to. Unfortunately, there have been quite a number since that time that I have, like all of us, watched on the TV screens in horror, recognising places that I have been to many times before—Fishmongers’ Hall was about three minutes from where my office was at the time—and feeling that I could have been there. I think we have all experienced the feeling of being somewhere in the days afterwards and wondering if there might be another attack—being on a tube or a bus after those attacks, or being at a crowded event after the Manchester Arena attack. When the stories fade from the headlines in the media, they also fade for us and are no longer uppermost in our minds, but people who lose someone in one of those attacks have their lives changed forever. It is they who are in my thoughts as I speak in support of this Bill today.

I welcome the minimum sentence of 14 years for the most serious terrorism offences, which, in the end, is what we are talking about, and ending the prospect of early release. It is right that TPIMs should be able to go on for longer than two years if we believe that, at the end of those two years, that person is still dangerous. Of course that should be subject to the right safeguards and should have to be renewed. I have heard an important debate in this House today about whether and how we should lower the standard of proof and I think that those are the answers that my colleagues still need to provide.

When it comes to these offences, I also welcome the ability to apply for serious crime prevention orders. It is hugely important that we monitor and disrupt the actions of those who we feel may be doing us harm. We should, of course, continue our efforts at deradicalisation; it is absolutely right to do so and to put more money into that. We should keep refining our approach to that process, but it is fair to say that this is not something that we have mastered. I think we all have the view that there may be some people who are beyond deradicalisation.

[Jim Shannon]

Does the hon. Gentleman feel that those who radicalise young people and specifically try to put them on a path of destruction and terrorism should also bear the brunt of the law? Perhaps they should be getting a sentence of 14 years or more.

[David Johnston]

I agree with the hon. Gentleman. Having spent my life before entering politics working with children and young people, I can say that this is child exploitation, the like of which we see in a whole range of other fields. There cannot be many worse crimes than exploiting children in that way, radicalising them, taking advantage of their vulnerabilities, and setting them on this path—a path that those people might not often go on themselves, but that they encourage others to go on—so I completely share his sentiment.

The final thing I want to mention is in relation to the police, intelligence and security services. When there is an attack by someone who has been on our lists, who has perhaps been in custody and then released, there are veiled, and not so veiled, suggestions that those services have failed. I am sure that in one or two cases they think they could have done better, but they do an outstanding job all year round to thwart plots that we will never hear of, and they do it at great risk to themselves. What we should do in this House is what we are doing today, which is to support legislation that helps them to keep us all safe.

Domestic Abuse Bill

David Johnston Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[David Johnston (Wantage) (Con) [V]]

It is fair to say that there are several Members on both sides of the House who are more expert in this topic than me, but I wanted to speak in the debate because I have known a number of people in my personal and professional life who have been the victims of domestic abuse. I pay tribute to them today—they know who they are.

Our public understanding of domestic abuse has moved on quite a bit from an outdated notion of a man of a certain age hitting his wife. We know that the perpetrators can be white and black, young and old, able bodied and disabled, gay and straight. They can also be male and female. That point is important and I support the Government in not including gender in the definition in the Bill. Up to a third of victims are male —under-reporting has also been touched on—and it would not be right, when we are trying to uncover what is often hidden, inadvertently to hide that experience. However, I completely support the Government in making it clear in the guidance that the overwhelming majority of people who suffer are female. It is right to recognise that.

We should welcome several aspects of the Bill. To stick with the definition, it is right that we have included emotional abuse and economic abuse. Again, that gets away from the idea of just physical violence because emotional and economic abuse can crush the spirit and restrict the freedom, independence and confidence of the victims almost as much, if not more, than some other forms of abuse.

It is also right to prohibit the cross-examination of victims by their abusers in family courts. We should question why we ever thought that was acceptable.

I want to talk about three Cs: the commissioner, the charities and the children. I warmly welcome the appointment of a domestic abuse commissioner. We have seen in several other areas how such a person can put a clear, single voice in Parliament that keeps us all on our toes. We have seen that with the Social Mobility Commission and the Children’s Commissioner. I encourage the designated appointed officer to be fiercely independent. If she does her job correctly, there may be times when the Government regret appointing her, but that will only show that she is doing her job properly in holding their feet to the fire.

The second C is charities. Although not the only area by any means, domestic abuse is a key area where charities have done much to aid our understanding. They have done so much to put the issue on the agenda—in my judgment, more than any other key institution. There are many of them, but I want to highlight one that helps in Wantage and Didcot, and also across Oxfordshire and other counties: Reducing the Risk. It has trained 1,100 domestic abuse champions who support people for an average of between six and 18 months to help them try to be safe in their own homes. They place a heavy emphasis on prevention. We have probably not heard enough about prevention in the debate, although some Members have mentioned it. We need to have prevention always in our minds.

The third C is children. Again, I support the Government in not including children in the definition, but they should be uppermost in our minds. Children will not be involved in every case, but as the hon. Member for Lewisham, Deptford (Vicky Foxcroft) highlighted, when children experience domestic abuse around them, it contributes to toxic stress. It is right at the top of adverse childhood experiences. We know that some of those children will go on to become abusers and others will become the abused and recreate the relationships that they have seen at home. A far larger number will never escape the feelings they had when growing up in such a home, and it will affect their education, their employment, their relationships and most aspects of their lives. In supporting the Bill for what it does for the adults and its support for them, I have firmly in my mind the fact that it will also support the children.