Rape Defendants (Anonymity)

Fiona Mactaggart Excerpts

Monday 7th June 2010 Commons Chamber

[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.

[Fiona Mactaggart (Slough) (Lab)]

Is it not true that it is very often between arrest and charge, when people hear that someone has been arrested for something, that other people come forward with similar patterns to create the weight of evidence that enables the prosecuting authorities successfully to proceed with the charge.

[Caroline Flint]

Again, my hon. Friend makes a very good point. Where do we draw the line in establishing someone’s identity—whether on arrest or charge—and then allowing other victims the time to present their experiences? We are meddling in something that should not be meddled in. Plenty of other parts of the justice system need to be attended to, and this is not one of them.

--- Later in debate ---

[Mr Blunt]

I am grateful, Mr Deputy Speaker.

Complainant anonymity was introduced against a background of public concern about the lurid reporting of the cross-examination of complainants in rape trials. Of course, the protection from reporting provides the inducement to complainants to come forward. The underlying problem of exposure to publicity applies to defendants and complainants alike, and I want to make it clear that we have no plans to withdraw in any way the rights of complainants to anonymity. Our proposals are based on sound precedents. Defendant anonymity was the norm in rape cases for many years, and, of course, defendant anonymity continues to be the rule in all criminal proceedings in the youth court.

Let me address some of the points that the right hon. Lady made. She said this morning on the radio, in The Independent and repeated this evening that we know from the evidence that many rapists are serial offenders. I feel this to be true, but when I asked for evidence of how many rapists were serial offenders, and what proportion of convicted or charged rapists might fall into that category, there appeared to be insufficient data to form a reliable evidential picture.

Furthermore, in trying to acquire accurate detail on the number of times that convictions have been obtained because the identity of the defendant was known and further complainants came forward who were crucial to securing a conviction, I have again been unable to get a reliable picture or—

[Fiona Mactaggart]

Will the hon. Gentleman give way?

[Mr Blunt]

Let me continue.

I have again been unable to get a reliable picture or, indeed, any firm evidence at all in the time available. I would welcome help from the right hon. Member for Don Valley, and those of her right hon. and hon. Friends who are supporting her this evening, in identifying serious analysis that can help us to discuss these issues on the basis of evidence rather than supposition.

The right hon. Lady referred this morning on the radio, in her article in The Independent and again this evening to the Worboys case. The facts of that case are that it was the police who finally identified a mode of behaviour from several different complainants, identifying 12 offences. It was that mode of behaviour which led to the charging and subsequent conviction of John Worboys on 19 counts. The police were criticised for the length of time it took them to identify Worboys, but that name would have meant no more to the complainants than it did to the police. It was the manner of the offences that led to his conviction.

[Fiona Mactaggart]

Will the hon. Gentleman give way?

[Mr Blunt]

No.

Shortly before John Worboys’ trial, the police appealed, with the assistance of the media, for further victims to come forward. The appeal identified 70 to 85 further complainants—to use the right hon. Lady’s numbers; it is 81 according to the briefing that I have received—who recognised his modus operandi. However, none of those was central to his conviction as the police already had sufficient evidence, and had he been granted anonymity until conviction, it would still have been possible to identify those further complainants, and he would still have been convicted. So to understand the issues as perfectly as possible, if the right hon. Lady, and all those who have helped her to prepare, can identify cases where anonymity until conviction would have prevented an initial conviction being secured, I would be anxious to learn of them.

--- Later in debate ---

[Fiona Mactaggart]

Will the hon. Gentleman give way before he concludes?

[Mr Blunt]

In conclusion, the Government want informed contributions on the basis of evidence which will help us to bring forward proposals that will command the confidence of the House. The right hon. Lady has contributed to that process today; I rather regret that one or two of her right hon. and hon. Friends have not conducted themselves in the manner that this subject merits. [Interruption.] I am inviting the right hon. Lady, and other right hon. and hon. Members, to contribute evidence properly and sensibly rather than simply proceed on the basis of supposition. [Interruption.] The right hon. Lady has contributed to that process, and I am grateful to her. The Government have the interests both of victims and of unconvicted defendants fully at heart, and the Government will proceed upon the evidence.