Crime: Rape

Lord Bach Excerpts

Tuesday 24th May 2011 Lords Chamber

Asked by

[Lord Bach]

To ask Her Majesty’s Government what is their policy on sentencing for the offence of rape.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Government believe that rape is a very serious offence, with dreadful consequences for the victim. The seriousness with which the offence is viewed by the Government, Parliament, the courts and society at large is reflected by the fact that the maximum penalty is a life sentence and that the average determinate custodial sentence imposed is eight years.

[Lord Bach]

My Lords, I thank the Minister for his reply. However, does he agree that the careless and damaging remarks made last week by his right honourable friend the Lord Chancellor have undermined the confidence that victims have in the criminal justice system? The views expressed seemed hopelessly out of touch and out of date, and have offended many people, including victims of sexual violence. Will the Minister confirm that there will be no downgrading in the priority given to prosecuting those who have committed offences of sexual violence; and that the Government will not reduce the number of specialist rape prosecutors —now around 840 in number—employed by the Crown Prosecution Service over the comprehensive spending review period?

[Lord McNally]

I do not know who is damaging confidence most, if damage has been done. It certainly was not anything that my right honourable friend said. Anybody who analysed what he said would accept that. I was caught by a paragraph in the Stern review, which said:

“We need to look at rape victims as people who have been harmed, whom society has a positive responsibility to help and to protect, aside from the operations of criminal law. Whether the rape is reported or not, whether the case goes forward or not, whether there is a conviction or not, victims still have a right to services that will help them to recover and rebuild their lives”.

That is the policy of Her Majesty’s Government and we will stick to it.