Rape: Prosecutions and Convictions

Lord Thomas of Gresford Excerpts

Monday 14th September 2020 Lords Chamber

[Lord Keen of Elie (Con) [V]]

My Lords, there has been no material change to the CPS’s approach. The evidential stage of the code test remains as it was, despite some suggestions to the contrary. Indeed, the most recent inspectorate report, in 2019, observed that the code test was being applied correctly in 98% of cases. But I acknowledge that we face challenges in this area, and we are seeking to address them, as I say, by way of a joint inspectorate examination of the issue and a cross-government review of how we can improve matters.

[Lord Thomas of Gresford (LD) [V]]

First, the need for corroboration in rape cases was abolished; secondly, sentences were increased to a five-year minimum guideline; and then inquiries into the complainant’s character were forbidden. Then the defendant was barred from cross-examining in person, and video links kept the complainant out of the witness box. Recently, there was an exhortation that complainants are, prima facie, to be believed. Despite all this, conviction rates have fallen. Does the Minister agree that further reform should be evidence-based? Will the Ministry of Justice permit academics to look exceptionally into the way that real-life juries have reached their verdicts, whether guilty or not guilty, in a limited number of rape cases?

[Lord Keen of Elie (Con) [V]]

My Lords, the issue of engaging with juries about how they arrived at their verdicts is complex and difficult. To set a precedent there would be a material step. However, we recognise that it is necessary to address some of the ingrained misconceptions that still exist and persist around reporting these offences. We hope that, by doing that, we will improve outcomes overall.