Rape and Sexual Violence

Ellie Reeves Excerpts

Tuesday 8th March 2022 Commons Chamber

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I beg to move,

That this House commemorates International Women’s Day; regrets that under this Government conviction rates for rape have reached a historic low and that the typical delay between reporting an offence of rape and the completion of the resulting criminal case is over 1,000 days; calls on the Government to introduce minimum sentences for stalking and rape, to raise minimum sentencing for spiking and to implement Labour’s survivors’ package for victims of rape and serious sexual violence to restore trust in the criminal justice system; and further calls on the Government to begin an immediate assessment of the impact of setting up specialist rape offence courts on the significant Crown Court backlog of rape cases, as recommended by HM Crown Prosecution Service Inspectorate.

Today is International Women’s Day, a day when we celebrate the achievements and progress of women. On the day President Zelensky addressed Parliament, I start by paying tribute to the brave women and girls of Ukraine—those who have left their loved ones behind as they flee war, those who have had to endure childbirth in bunkers and those who remain in the country facing Russia’s aggression. I know hon. Members on both sides of this House want to offer them our full solidarity.

International Women’s Day is also a time to reflect on some of the challenges we still face at home, among the gravest of which is rape and sexual violence. Tackling and preventing violence against women must be a national priority. Women and girls must feel safe to walk home at night, feel able to have a drink in a pub or nightclub and live free from the fear of an abusive partner. When women report a rape, they must feel that the criminal justice system is working for them, not against them. Yet, due to the problems of our justice system in ensuring that victims of rape and sexual violence receive justice, the sad truth is that we have seen the effective decriminalisation of rape.

The latest Office for National Statistics crime figures for 2021 show that sexual offences recorded by the police are at record highs. Rape accounted for 37% of those offences, and the latest Home Office data shows that just 2.9% of reported sexual offences and 1.3% of recorded rapes result in a charge or summons. Let that sink in: only in just over one in 100 reported rapes is someone charged. Those are record lows. Not only that, but in the tiny minority of cases that are prosecuted, victims now face more than 1,000 days’ delay from the report of the offence to completion at court—an unacceptably long wait for a survivor to access justice.

Meanwhile, Her Majesty’s Crown Prosecution Service Inspectorate found that in cases involving rape and serious sexual offences, nearly half of CPS letters lacked basic empathy, and only 19% of letters were of the right quality. The Victims’ Commissioner found that only one in seven victims believed that they would receive justice by reporting the crime to the police. That is a sign that victims are losing faith in the system. Inadequate support, along with delays, means that 41% of rape cases now end with the victim’s withdrawing their support. No wonder many survivors feel the system is working against them, not for them. That is completely the wrong way around.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I thank my hon. Friend for giving way and hope the Minister is able to respond to this point as well. I have previously mentioned that women who are subjected to rape are not entitled to criminal injuries compensation if they have had a prior conviction, whatever that conviction might be. That means that if they are then a victim of rape they are entitled to no compensation. Does my hon. Friend agree that this is completely unfair, and that just because someone may have a committed a crime in the past, that does not mean that when they are raped they should not have some compensation for the suffering they faced?

[Ellie Reeves]

I thank my hon. Friend for making that point so passionately. She is absolutely right, and of course this needs to be looked at and changed.

The impact of these failings in the criminal justice system is all too real for many of those with lived experience of it. One survivor at a recent roundtable I held along with my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) told us that while they had come to terms with what had happened to them, they could not come to terms with how they had been treated by the criminal justice system. Survivors continually tell us that they often feel as though they are the ones being investigated or standing trial, and that lengthy court delays compound and extend their trauma. One survivor said:

“I still have flashbacks to the whole process and ask myself what I could have done differently. The defendant had help on what to expect in court, but all I had was someone saying ‘if you tell the truth then that’s enough’—well I did tell the truth but it wasn’t enough.”

Another said:

“It was my belief that all of this extra pain and suffering being endured by myself in order to go through the investigation with only a slight chance of it going to court wasn’t worth it in my opinion. Especially since I would have had to face my perpetrator in court and I was told it most likely wouldn’t end up with a prosecution anyway.”

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I thank my hon. Friend for the excellent comments she is making in emphasising the importance of hearing the voices of survivors of sexual assault. Will she join me in congratulating my constituent Anna Robinson, who has written a play about her experience of sexual assault and going through the criminal justice system with the many failings and delays in it? The play, which is touching and moving, and also funny, is playing at the Alphabetti theatre in Newcastle right now and is a marvellous example of the victim finding a voice.

[Ellie Reeves]

I thank my hon. Friend for that intervention and the tribute that she pays to her constituent Anna Robinson. It sounds like a fantastic play, and I am sure she has shown great bravery and courage in using her experience to shine a light on the difficulties that women face.

The cases that I referred to are not unique. The recent criminal justice joint inspectorate report said that the criminal justice system is failing victims of rape and that widespread reform is needed. Despite all this, action from the Government has been lukewarm and lacks urgency. We welcomed the end-to-end rape review, but it took over two years to publish it, and we are now one year on from that with little noticeable change. The review’s commitment to developing a better understanding of the impacts of trauma on rape victims and survivors across the criminal justice system, and the important commitment to taking a more suspect-focused approach to rape investigations, was encouraging and welcome. Yet even so, the review’s proposals were just piecemeal ideas without the funding and real accountability to make the change needed, and there was a concerning lack of urgency in the timescales put forward. The scorecards, which are a useful tool for transparency, completely lacked an equalities analysis, meaning that there is a blind spot in understanding justice outcomes for rape victims and survivors who are black and minoritised, deaf and disabled, or LGBT+. As long as this information remains missing it will show a fundamental lack of commitment to making our justice system work for everyone.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I want to speak on the point of making the justice system work for everyone. My constituent Michelle recently wrote to me because she has a stalker who is the father of her child. He has abused her, threatened her, and turned up on her doorstep and her mother’s doorstep. She spoke to the police, who said that she should apply for a non-molestation order, but she does not qualify for legal aid because she works full time and, as a single parent, she cannot pay solicitors’ fees. Will my hon. Friend comment on the fact that there are women like Michelle falling through the cracks in the justice system, and something needs to be done to help them?

[Ellie Reeves]

I thank my hon. Friend for raising that important point and shining a light on the dreadful situation her constituent is facing. Stalking is a really serious crime, and later in my speech, I will say a little bit about what Labour would do to be tougher on stalkers.

One of the commitments made by the Government in the rape review was to return to 2016 charging levels for rape cases, but at the current rate of progress it will take 29 years to reach that target, and even then it is not a particularly ambitious target. In the absence of effective leadership, the Labour party has put forward a plan to reverse the trend of falling prosecutions, to ensure victims can once again have faith in the system that is supposed to protect them. Our survivors support plan would fast-track rape and serious sexual assault cases through the police, Crown Prosecution Service and courts; establish a pre and post-trial survivors support package, including a full legal advocacy scheme for victims and better training for professionals about myths and stereotypes; and appoint a Minister for survivors of rape and sexual violence to investigate and tackle the root causes of delays in the system and act as a champion for victims. We would also end lenient sentences for rape and stalking by introducing new statutory minimum sentences, as well as toughening up sentences for spiking.

It is unacceptable that rape victims are waiting years post-charge for a court date, especially given the comparatively small number of cases that are going through the system. Rape survivors are often the most vulnerable and traumatised, but waiting for trial means they cannot move on with their lives and cannot access counselling for fear that their counselling notes will be disclosed at trial.

[Laura Farris (Newbury) (Con)]

The hon. Lady is making a good speech. There is an important point about judicial listing that we as a House have never really addressed, which is dealt with in the inspectorates’ report. Out of something like 52 cases they looked at, 34 were relisted at least once during the process, so the victim, having waited one or two years, then waited again while the case was kicked out of the list and put in at a later date. We never talk about that in Parliament because it is seen as a judicial function, but does the hon. Lady think it is time we did?

[Ellie Reeves]

The hon. Lady is absolutely right to mention the joint inspectorates’ report and what it said about this issue. The inspectorates looked at 54 rape cases, 32 of which were adjourned more than once; one was adjourned 21 times, often at 24 hours’ notice. In their report, the inspectorates recommended that the Ministry of Justice immediately group adult rape cases into specialist rape offence courts, which called on the Government to look at implementing a year ago. It is not difficult to imagine how those courts could be set up using the existing court capacity, with a few courtrooms in every Crown court centre allocated to dealing with rape cases and existing ticketed judges hearing the claims. Best practice around separate entrances and exits for accuser and accused could be enforced, and safe space rooms could be available. Today, we ask the Government to begin an immediate review into setting up specialist rape offence courts to help clear the significant Crown court backlog, so that rape victims are not waiting nearly three years for their cases to get to court. I hope the Minister will back this call.

Allowing victims to give their evidence and be cross-examined pre-recorded, known as section 28, also has an important role to play in speeding up cases. It has applied to child and vulnerable witnesses for some time, and the equipment to hear evidence in this way is available in every Crown court in the country. Labour has long called for section 28 to be rolled out to victims of rape and serious sexual violence. It would mean victims could give their evidence as soon as possible, improving the accuracy of their testimony, relieving some of the stress and anxiety while waiting for trial and allowing them to pursue pre-trial counselling, yet in the Government’s end-to-end rape review, all they offered was an extension of the existing section 28 pilot from three Crown courts to a further four. The Government finally said in December last year that they were committed to rolling out section 28 for intimidated witnesses, yet we are still waiting for that to happen. Even in the pilot areas, the inspectorate’s report found that section 28 is not being used consistently by the police or the Crown Prosecution Service.

We are three years on from the Government announcing their end-to-end rape review, yet section 28 is being used for rape victims in only a handful of Crown courts, and even then the necessary training and awareness are not fully in place. Warm words and promises are all very well, but without the political will to make things happen, the pace of change will be far too slow for thousands of victims.

One of the things that survivors tell us time and time again is that they feel the criminal justice system is working against them. With no right to their own legal support, they can find themselves trying to navigate a complex and opaque system on their own. One victim said of their journey through the criminal justice system:

“I felt unsupported by the prosecution lawyer. I did not know his name or how he was going to advocate for me. I had only met him 10 minutes before going into court. The whole experience is traumatising. I completely understand why people do not report rape to the police.”

Other victims have told me that the demands to disclose all the data on their mobile phones going back years made them feel like they were the ones on trial, and that they were unsure of their rights when it came to the digital strip search. That is why under Labour, rape victims would have a legal advocate from the moment they reported their case to the police station, right through to trial. That advocate would be there for them every step of the way, driving up standards in the criminal justice system and reducing attrition rates, but the idea is nothing new. A pilot of that scheme was trialled in Northumbria in 2020, and it found that legal advocates substantially improved best practice in the police and CPS and led to an overall improved victim experience. It would cost just £3.9 million annually to replicate this scheme across England and Wales. If the Government were truly serious about this issue, they would roll it out in a heartbeat.

As well as fixing these problems with the criminal justice system, we need to see sentences that deter potential offenders and send a strong signal that violence against women and girls will never be tolerated, but the public are losing confidence in the Government on this, with polling showing that seven in 10 women consider action to stop sexual harassment, rape and domestic abuse to be inadequate. That is why we are announcing that a Labour Government would toughen sentences for spiking and introduce minimum sentences for rape and stalking.

There is currently no statutory minimum sentence for rape, only a maximum sentence of life imprisonment. While the starting tariff in the sentencing guidelines is five years, that can be reduced. In 2021 alone, seven rape convictions were referred to the Attorney General’s Office through the unduly lenient sentences scheme. They had initial sentences ranging from two to five years. Despite that, none of the cases was referred to the Court of Appeal. Truly appalling crimes are receiving lenient sentences, yet the Government are not doing anything to tackle it. Labour would introduce a new statutory minimum sentence of seven years, which better reflects the seriousness of the crime and the lives it destroys.

Sentences for stalking and harassment do not reflect the fear and distress they create for the victims of these crimes, who are very often women and girls. Despite a record number of convictions for stalking in 2019, more than half of those convicted got community or suspended sentences. Labour would create a new minimum custodial sentence of five months for stalking involving fear of violence or serious alarm or distress. A court would have to impose at least the statutory minimum, unless there were exceptional circumstances.

Despite a surge in reports of spiking to the police in recent years, there have been no more than 66 prosecutions in any year since 2010, and only 512 in total between 2010 and 2020. Conviction rates have also plummeted, with just 0.56 convictions per prosecution over that time period. Under pressure from Labour, the Government have agreed to a review into spiking, which we welcome, to find out how widespread it is and who is being targeted, but the review does not explicitly cover sentencing, and it must. We need tougher spiking laws to deter people from committing this awful crime, and a Labour Government would seek to introduce tougher sentences by referring the issue to the Sentencing Council for new guidance. I hope the Government will agree to do that.

Under the Conservatives, rape prosecutions are at a record low, so perpetrators are left on the streets and can reoffend, which leaves women and girls less safe. The Conservatives call themselves the party of law and order, but how can they say that when they have effectively allowed rape to be decriminalised on their watch? Until we have a Government who are ready and willing to commit to the actions needed to drive up rape prosecutions, victims will continue to be failed by the system. The Opposition have a plan to put things right. Is it not about time that the Government backed it?

[Madam Deputy Speaker (Dame Rosie Winterton)]

As colleagues will appreciate, time is pretty short, so it is likely that I will introduce a time limit of five minutes once the Minister has sat down.