End-to-end Rape Review

Baroness Harman Excerpts

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

My hon. Friend the Chair of the Justice Committee is right to point out the significant difference between the number of complaints that are made and the number of cases that reach their way to court. I have long harboured deep concerns about those early stages in the investigative process when a complainant or a victim comes forward with a complaint and then is made to make some very difficult choices, most notably about handing over a mobile phone. A young woman’s life will be on that phone. What replacement is she going to have, and how is she going to manage without such an important device? Very often that sort of Manichean choice is given, which is wholly wrong. That is why I think at the early stages of the investigation we need to do more to support victims, which is why I regard the investment in ISVAs as key to making sure that we can make a difference and reduce that cliff edge. I want to consult further on other aspects of support that we can give victims at the earliest stage to make sure that, when it comes to disclosure, the rights of victims are protected just as much as the rights of the accused.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I welcome the fact that the Justice Secretary has acknowledged the woeful failure of the justice system to protect women and girls from the abhorrent crime of rape. Will he recognise that one of the things that deters victims from supporting a prosecution is that, when it comes to trial, it is they who are put in the dock by having their sexual history being dragged out and being made the focus of the trial, instead of the focus being on the defendant and what he actually did? Will he address this by backing the new clauses that have been put forward on a cross-party basis to the Police, Crime, Sentencing and Courts Bill, which will ensure that the defendants’ previous sexual history is only ever brought up in court when there has been a previous application to the judge, who has ruled that it is relevant to the particular issue on trial?

[Robert Buckland]

May I pay tribute to the right hon. and learned Lady for her tireless work in this area? Indeed, she and I have regular dialogue about these issues and have done in the past. I will say several things in response. First, it is vital that existing protections are properly policed and used by the courts when it comes to restrictions on wholly inappropriate cross-examination. I have in particular asked the Law Commission to look at the whole issue about the trial process, and the rape myth issue that is still a real concern for many people who end up taking part in this process. But I will say this to her: I think it begins much earlier. I think the undue focus on the victim begins right from the initial investigation, and I think that that is wrong. I think that the proper emphasis in this report is about looking at the person who is alleged to have done it, rather than constantly focusing, as she rightly says, on irrelevant previous sexual matters that have nothing to do with the case and are an unwarranted intrusion into the private life of victims.