Criminal Justice Review: Response to Rape

Lord Marks of Henley-on-Thames Excerpts

Wednesday 26th May 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, as the Minister in the other place made clear yesterday, the underlying statistics in this area are indeed regrettable. He made it clear that he is taking personal leadership on this matter because rape is a cross-agency issue. We have the police and the CPS, both of which are rightly independent of government, and we have the Courts Service and the judiciary. Everybody must come together to improve the current performance.

The rape review will be published shortly after the Recess. I am afraid I cannot provide advance notice of its details today but I very much hope that, when they read it, the noble Lord and the whole House will welcome it because we intend it to be a transformational document that will lead to transformational change. Supporting victims of rape is an absolute priority for this Government; we have invested significant sums in that.

Let me give the House just one example of a change that can be made and which has real consequences. We have put in £27 million to create more than 700 new posts for independent sexual violence advisers. They stand with victims throughout the process. We have seen what is terribly called victim attrition. People opting out of the system goes down by 50% and more than 50% of people stay in if they have these advisers to help them. We will work, I hope with the noble Lord, to improve the statistics in this area.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, delaying the report to await the Court of Appeal judgment on CPS charging decisions is understandable, but one wonders why the report has taken two years. This is a dangerous crisis. Rape prosecutions were down from more than 5,000 in 2016-17 to fewer than 1,500 in 2019-20, in spite of an increase in reported rapes. In 2020, more than 52,000 rapes were reported but there were only 843 convictions. Potential rapists become ever more confident of impunity, and the lives of women and girls become ever more threatened.

Without second-guessing the report, may I press the Minister on two points? The first concerns ending the culture among young men and boys that condones harassment, even rape, and expresses the arrogantly sexist view that “she was asking for it”. We see it in schools, universities and colleges. Will he pledge substantial extra resources for citizenship education to turn this around and teach respect for women and girls?

The second point concerns that trauma of legal proceedings and probing the sexual history of rape victims. In his report from Northern Ireland, Sir John Gillen recommended that victims have legal representation to oppose the disclosure of their personal data, including mobile phone records, and to oppose them being cross- examined on their sexual history in cases where such issues arise. Will the Government agree to provide that?

[Lord Wolfson of Tredegar (Con)]

My Lords, it is not correct that the review was delayed solely because of the judicial review of the CPS policy. The noble Lord will be aware that the court concluded that there had not been a policy change, although, frankly, I accept that that does not mean that there were no important issues for the CPS to address. The delay was also in part because we wanted more engagement with victims’ groups. We are delighted that Emily Hunt has joined us; she can give us, and has given us, invaluable insight from her position as a victim.

As far as the culture is concerned, the noble Lord is absolutely right. This is a cross-governmental issue. It is fair to say that, in schools and colleges, there is now more understanding of what consent means and, if I can put it this way, of what consent does not mean. If I may be personal for a moment, frankly, I see that in the education my own children get at their schools. They get an education that I do not think people in this House would have got when they were at school.

On legal proceedings, the noble Lord is absolutely right. There are careful rules now over when a claimant’s sexual history is relevant to the case. Often, it is not. We have put in place a number of changes to ensure that complainants are better looked after by the courts system. For example, Section 28 is currently being rolled out. It will enable vulnerable victims and witnesses who are subject to intimidation to give evidence and be cross-examined online and on-screen in advance of the trial.