Rape Defendants (Anonymity)

Denis MacShane Excerpts

Monday 7th June 2010 Commons Chamber

[Caroline Flint]

Yes, it was in neither the Conservative nor the Liberal Democrat manifesto at the general election, although I would have thought that that was the platform from which to make such a proposal. I really think that it was nine short words that conveyed this policy in that coalition agreement, and those nine short words developed a policy that has not been thought through, but is very dangerous.

[Mr Denis MacShane (Rotherham) (Lab)]

I have been participating in these late-night Adjournment debates for 16 years and I have never seen so many Government Members paying such attention as they are paying to what my right hon. Friend is saying. I pray and hope that what she is arguing tonight will be well received and that we can have a change of policy. Without making a great party claim of victory, the coalition Government have got it wrong, and they should be man and woman enough to accept that tonight.

[Caroline Flint]

I thank my right hon. Friend for that intervention. I hope that we can end this proposal tonight, because the real issue—the real injustice—is not the rights of defendants, but the plight of tens of thousands of women who are raped but never see their attacker brought to justice. Our priority must be delivering justice for victims of rape and protecting the public from dangerous offenders.

The last time a Government made proposals to grant those accused of rape anonymity was 1975. Despite making much of their parties’ modern, progressive credentials during the 2010 election campaign, the coalition Government’s proposals would take us back to a time when there was a residual doubt about rape victims built into the criminal justice system, which denied thousands of victims justice.

When victims of rape are afraid—afraid of what has happened, afraid to come forward, afraid that no one will believe them—we must show them that we will believe them. When rapists believe that they can attack with impunity, and go on and on wrecking women’s lives and never face the consequences of their actions, we must show them that we will bring them to justice.

When proposals such as this are made—dangerous proposals, I am afraid to say, that insult victims of rape and inhibit the ability of the police to catch dangerous criminals—in this House we must show, through the strength of our case and the passion of our arguments, that we will speak up for those without a voice.

--- Later in debate ---

[Mr Blunt]

No, if the hon. Lady will forgive me. Let me get to the conclusion of my remarks. [Interruption.] I am grateful for the hon. Lady’s sedentary comments. It is the debate of the right hon. Member for Don Valley. I am certain that she and the House will want to hear my remarks—

[Mr MacShane]

The Home Office wrote them.

[Mr Blunt]

Plainly, the remarks have been carefully prepared in conjunction with other Government Departments—[Interruption.]—but not entirely, I am delighted to say. I have already made clear—[Interruption.] The right hon. Gentleman is not behaving in a way that does credit to the subject. It is not one that lends itself to barrack-room style interventions from a sedentary position. I would be grateful if right hon. and hon. Members on the Opposition Benches would do me the courtesy of listening carefully to these remarks. If they continue to intervene from a sedentary position—

--- Later in debate ---

[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.

[Mr MacShane]

Go on, get someone else in that job.

[Mr Deputy Speaker]

Order. The right hon. Member for Rotherham (Mr MacShane) is behaving disgracefully and not assisting a debate of this kind. Now he really has enough experience of this House, as a Minister and as a Back Bencher, to realise that what he is doing is out of tune with how we should conduct our business in this House. I hope that I will not hear from him again.