Victims Strategy

Gloria De Piero Excerpts

Thursday 11th October 2018 Commons Chamber

[Gloria De Piero (Ashfield) (Lab)]

I thank the Minister for his kind words, his tone, and the commitment to victims that he demonstrated in his speech. There is, of course, much to welcome, and although I know he is relatively new to this role, I will raise once again the deep frustration that I feel, because it is years since the Government first promised that they would enshrine key entitlements for victims and witnesses in primary legislation. These measures are welcome, but it seems a little late to be still saying “consultation, consultation, consultation.” I suppose victims will have to wait a little longer for their rights to be taken seriously, and for some of the positive measures mentioned to be guaranteed by law.

Rights in the current victims code are not sufficiently enforceable, and without the power to enforce that code in law, it is left to the police, prosecutors, courts and the Parole Board to monitor how well they comply and to mark their own homework. Well-meaning but underfunded service providers are creaking under the weight of Government cuts, and unscrupulous practitioners are still able to leave victims without their rights or any come back.

As I have been saying for months, the only thing that will do is legislation. The Victims’ Commissioner, whom the Minister rightly praises, has called for a victims law, and for seismic change in the culture of the justice system. Victim Support has demanded legislation, along with a raft of other campaigners. The Government now say that they will consult on a revised victims code in 2019—nearly half a decade after they first promised to provide a victims law—and on the detail of victim-focused legislation. Can the Minister say what part of victims’ rights would not require legal status? Why not make the entire code law, along with any welcome and necessary additions?

I was dismayed, although not entirely surprised that, after I submitted various written questions—I think this was before the Minister’s tenure—I discovered that the Government do not collect data on the experiences of victims in the criminal justice system, or on how the code is being implemented. They could not tell me how many breaches of the victims code there have been in the past 12 years, how long it takes for victims to receive any compensation they have been awarded, or how many victims of domestic violence have been cross-examined in court by the perpetrator—the list goes on. The Government simply do not monitor whether the code, which they admit is known about by only a fraction of victims, is having any effect. Will the Government commit to act by looking at how this is or is not working, now and after any legislation is passed? Can the Minister tell me the answer to any of those questions today? Will his Department commit to annual reporting on the state of victims’ rights?

It is also disappointing that some fundamental issues that victims and campaigners have been shouting about from the rooftops are not addressed in the strategy. Why are there no measures to stop the barbaric process of allowing victims of rape to be cross-examined in a way that is designed to undermine their credibility? We have seen instances of rape survivors being grilled by their previous partners about their underwear and even about owning sex toys in an attempt to undermine their credibility and to show that their sexual history meant they were surely consenting to their rapist.

Meticulous research from Dame Vera Baird QC, the former Solicitor General, and the Northumbria police and crime commissioner, to whom the Minister referred found that rape complainants’ previous sexual history was used as evidence in 37% of the trials she studied. In the majority of those cases, the evidence used related to the women’s sexual activity with men other than the defendant. In almost two thirds of the cases where previous sexual history was used in evidence, the proper procedure to apply for the judge’s consent ahead of trial with notice to the prosecution was not followed. There was either no application or it was made at trial without notice. In one trial, the defence barrister said that his line of questioning was to show that “she is an adulteress”. Surely the Government can see that that is outrageous—we are living in 2018—especially after so much progress has been made by the Me Too movement.

[Sarah Champion]

I am sure that my hon. Friend is also aware and deeply shocked that in cases of child sexual exploitation, children are disproportionately asked about their past sexual behaviour, which then goes out in front of the court. Surely that must be stopped.

[Gloria De Piero]

My hon. Friend is absolutely right, and let me take this opportunity to commend her for her rigorous and unstoppable campaigning work. That is a very good point, which, if we are having a consultation, should be included in it.

The Victims’ Commissioner for London rightly said that this process re-traumatises victims. It causes them irreparable harm and prevents other victims from coming forward, yet we see nothing about that in the strategy.

[Stephanie Peacock (Barnsley East) (Lab)]

My hon. Friend is making a very powerful point. Half of all clinical commissioning groups have plans to reduce their spending on mental health. Does she agree that this will have a significant impact on survivors of sexual assault and domestic violence, for whom mental health services are so important in helping them to recover from trauma?

[Gloria De Piero]

I thank my hon. Friend for making that point. Yesterday was World Mental Health Day. For anyone—there may be people in this House who have suffered the trauma we are discussing—to have to go through that trauma without the mental health support one would inevitably need is shocking.

A victims law presents a unique opportunity to protect rape victims from the ordeal of having their sexual history dragged through the courts. Does the Minister deny there is a problem, or will he, at the very least, commit to including this issue in the forthcoming consultation?

My hon. Friend the Member for Barnsley East (Stephanie Peacock) mentioned mental health. The strategy makes little mention of the mental health trauma most victims experience after their ordeal and the long-lasting effects it has on their lives. One third of forensic physicians who support victims after a sexual assault say accessibility to mental health provision is poor, so they cannot always refer victims to the help they desperately need. The Victims’ Commissioner for London talks about rape and sexual violence victims who have been left unsupported on waiting lists for six months or more after unimaginable trauma. The Government need to guarantee victims’ decent mental health provision by law and fund it adequately, not as a Cinderella service. Can the Minister give me some reassurance on that today?

The Conservative party claims that austerity is over. Can the Minister confirm that a number of spending pledges in the victims strategy, on which I have sought clarification through written questions, such as the £18.8 million for domestic abuse accommodation services and £8 million to support children who witness domestic abuse, are not in fact additional funding commitments but money shifted from elsewhere in existing budgets? Will he tell us which other areas and services will lose out as a result?

What about the personal finances of victims? I recently had a harrowing conversation with a woman whose husband was given a 16-year sentence for her attempted murder. She is now having to pay enormous legal fees to divorce him, knowing that he is likely to be entitled to some of her money, her pension and her home. Where is the justice in that? When two women a week are murdered by a partner, this is no small problem. This absurd situation cannot be allowed to continue. The presumption must be that there is a loss of financial entitlement, enforced by law, in all but the most exceptional cases of murder or attempted murder of a spouse. Will the Minister commit to legislation that strips attempted murderers of their spousal rights, which they surely forfeited when inflicting such brutal damage on their partner? I hope Government Ministers will work with us to amend the law and ensure that this obvious injustice is ended.

Other victims who feel that perpetrators have got off far too lightly include the families of people killed on our roads. In 2014, 25-year-old Joseph Brown-Lartey was tragically killed in Rochdale by a reckless motorist driving at 80 miles per hour in a 30 miles per hour speed limit zone. The offender was sentenced to six years in jail and was released after just three. The family of this young person with so much to live for are rightly furious that this driver can walk free while they are left to grieve. It is almost a year to the day since the Government committed to increasing the maximum sentence for causing death by dangerous driving, yet the families of those killed are still waiting for changes. Will the Government tell us when we can expect those increases to come forward?

There is no Government commitment to introducing an independent violence advocate to support victims as they recover and seek justice. Victims should not have to navigate an extremely complex system alone. Will the Minister agree with me and the Victims’ Commissioner for London, and commit to that in the new strategy?

As the Victims’ Commissioner, Baroness Newlove, has said, victims should not have to fight their own corner. This strategy, although it does contain positive measures, leaves far too much to be desired for victims, who will still feel on their own under this Government. It is time for real action by passing a proper victims law.