Violence Against Women and Girls: Sentencing

Peter Gibson Excerpts

Wednesday 1st February 2023 Westminster Hall

[Peter Gibson (Darlington) (Con)]

It is a pleasure to serve under your chairmanship today, Mr Robertson. I congratulate my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) on securing this important debate. I am also pleased to see that the Minister, my right hon. Friend the Member for Charnwood (Edward Argar), will respond.

Tackling violence against women and girls has been, and rightly continues to be, a key focus for the Government, and indeed for all of us across this House. There is a long heritage of legislation brought about by Conservatives in this area, which includes the Children Act 1989, the Protection from Harassment Act 1997, the Protection of Freedoms Act 2012, the Modern Slavery Act 2015, the Domestic Abuse Act 2021 and my own small and very discreet Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022, also known as Sian’s law, which was greatly assisted by the Suzy Lamplugh Trust.

All that legislation contains steps and measures designed to protect people and underpin our growing toolbox for tackling violence against women and girls. Having sat on the Women and Equalities Committee and the Bill Committee for the landmark Domestic Abuse Act, and having regularly engaged with my local police, my local domestic abuse refuge—Family Help—and the night-time economy in Darlington, I am aware of the need for us to do more to protect people, so I welcome today’s debate.

I welcome the fact that Darlington has been successful in multiple bids for money from the safer streets fund. That has enabled Darlington Borough Council and Durham constabulary to take more action to help safeguard people in our night-time economy. Indeed, the hub at Number Forty, which is open from 9 pm to 3 am on Friday and Saturday nights, provides a safe space, and was again helped by funding from the safer streets fund. For those who have concerns about spiking, including a number of constituents, whom I am due to meet shortly, who have been victims of that offence, that is a hugely important and reassuring service. The tests that are available at Number Forty are also available through the police, and they have been funded through the safer streets fund. As with any offence, apprehending the perpetrator is key, and so too is the sentence handed down. I would welcome the Minister’s comments on sentencing for spiking offences.

I also praise the work of those in the CCTV control room in Darlington. Last May, there was an incident in which two men were spotted preying on an intoxicated woman. Camera operators from Darlington Borough Council became suspicious when they spotted the two men sitting with the woman; they continued to monitor the situation, and witnessed the men touching the woman inappropriately. The operators immediately rang for police assistance, and officers arrived at the location within minutes. I praise their diligence and swift action to protect that woman, which led to the conviction of the two perpetrators, who were given sentences of 22 months each.

Although capital spending on projects is essential, education is also essential to break cycles of abusive behaviour, which see children of families experiencing domestic abuse become perpetrators and victims in adulthood. Further investment in perpetrator programmes can also help to break those cycles, and the role of sentencing in acting as a deterrent is also crucial. We have done some great things, but it is clear we still need to do more. I look forward to the Minister’s response, particularly about what further plans the Government have for tougher sentencing for violence against women and girls.

--- Later in debate ---

[Ellie Reeves (Lewisham West and Penge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the hon. Member for Truro and Falmouth (Cherilyn Mackrory) for securing this incredibly important debate. It is so important that we in this place speak about how best to end violence against women and girls.

The hon. Member for Strangford (Jim Shannon) spoke about the shocking statistics on the murders of women in Northern Ireland and the need for tougher sentencing for perpetrators. The hon. Member for Darlington (Peter Gibson) spoke about some of the things that are happening in his constituency to tackle violence against women and girls and acknowledged that more needs to be done. The hon. Member for Bath (Wera Hobhouse) talked about low charge rates and a system that often feels like it is failing women and girls. She also talked about the really good work that Avon and Somerset police is doing.

In 2021, the murders of Sarah Everard and Sabina Nessa triggered an outpouring of public anger and a demand for change, but that change has been slow to happen. It is no exaggeration to say that we are living through an age in which violence against women and girls is at an epidemic level. The most recently published annual data shows that 177 women were murdered by men, 70,000 women reported being raped—although we expect the true figure to be much higher—and almost 2.5 million women were victims of domestic abuse. Far too often, women are not safe at home, at work and on our streets.

We see a continued downward spiral in charging, prosecution and convictions for domestic abuse. Rape convictions are at a record low: little more than one in 100 rapes result in a charge and summons. I hear what the hon. Member for Truro and Falmouth says about the Opposition’s language, but I am afraid it is the inaction of her Government, not the words of Opposition Members, that is letting victims down. Much more needs to be done.

For crimes such as stalking and harassment, all too often offenders receive sentences that do not reflect the suffering and the impact on the victim’s life. Women are being let down and offenders are being let off. If the public are to have confidence in the criminal justice system, we need appropriate sentences to deter potential offenders and deal just punishment for serious crimes. That is why, back in 2021, Labour outlined what needed to be done in our “Ending Violence Against Women and Girls” Green Paper.

Sentencing for domestic homicide seems to treat women as a different class of victim. Men who kill their partners often receive a far lesser sentence than those who kill others, despite the fact that the homicide has often taken place in the context of years—sometimes decades—of abuse. Seventy-two per cent. of female victims die in their homes, yet the law sets out a 10-year disparity between the starting point for a murder in the home and that for murders in other settings. It is almost as if being in a relationship with the victim serves as mitigation for the offender.

The case of Poppy Devey Waterhouse highlights that. She was just 24 when she was murdered in December 2018 by her ex-boyfriend. The couple had split in October 2018, but continued to live in the same flat in separate rooms. Poppy was due to move into a new property, but three days before that her killer stabbed her to death with a knife from the kitchen, inflicting more than 100 injuries. Poppy’s killer received a sentence of just 16 years, but if he had taken the weapon to the scene of the crime—deemed an aggravating factor—he would have received a much longer sentence. As Poppy’s mother Julie Devey outlined, that sentence ignores the fact that Poppy’s killer had no need to bring the weapon to the scene: he had knowledge that knives were already in the house and could be used for the attack.

Julie has campaigned on this issue and believes that the sentencing guidelines are simply wrong. She says:

“The savagery and violence of the attacks seem to count for nothing in the eyes of the law and this is infuriating”.

She wants domestic murder tariffs to reflect the severity of the crime, rather than the location of the killing. That seems a wholly just change, and I have heard Government Members speak eloquently and persuasively about it. I hope to see that covered in the sentencing review.

Labour called for a review of sentencing for domestic homicides and domestic abuse almost two years ago. Shortly afterwards, the Government announced their own review. It was originally due for completion in December 2021, but the report was delivered to the Justice Secretary last June, and we are still waiting for the review’s findings. In that time, we have been through three Justice Secretaries, and I am concerned that in the chaos and carousel of changing Ministers, this important matter has got lost. I hope the new Minister, who I know takes ending violence against women and girls incredibly seriously, will push this up the agenda so we can finally see change.

I turn to one of the most heinous crimes: rape. There is no statutory minimum sentence for rape, only a maximum sentence of life imprisonment. In 2022 alone, four rape convictions were referred to the Attorney General’s Office through the unduly lenient sentence scheme, with initial sentences ranging from two years and four months to six years and six months. One was for the rape of a child under 13; the sentence was increased from two years and four months to four years and four months. These truly appalling crimes are receiving truly lenient sentences. For too long the trauma inflicted on a victim by rape has not been fully recognised by the sentence, and this must end. That is why Labour would introduce a new statutory minimum sentence of seven years, which better reflects the seriousness of the crime.

A number of hon. Members have mentioned the scourge of spiking, which is deeply concerning. Despite a surge in reports of spiking to the police in recent years, there have been no more than 66 prosecutions in any year since 2010, and there were only 512 prosecutions in total between 2010 and 2020. The conviction rate has plummeted, with just 0.56 convictions per prosecution in that period. Under pressure from Labour, the Government have agreed to conduct a review into spiking, which we welcome.

[Peter Gibson]

I am grateful to the hon. Member for continuing to raise the issue of spiking. It is key that we identify the perpetrators of this offence. It is no good people coming forward and reporting it without us being able to prosecute, convict and sentence those people carrying out this heinous crime.

[Ellie Reeves]

I absolutely agree. These terrible crimes need to be taken with the utmost seriousness by the police. They need to be properly investigated, with all the evidence gathered, and prosecuted so that we see criminals convicted. We also need to ensure that when criminals are convicted, they are given sentences that reflect the severity of the crime.

I welcome the review to find out how widespread spiking is and who is being targeted, but it does not explicitly cover sentencing. It must. We need to introduce tougher spiking laws to deter people from committing this awful crime, as well as seeking to introduce tougher sentences by referring the issue to the Sentencing Council for new guidance.

[Peter Gibson]

The hon. Lady is being generous with her time. She calls for additional offences. Could she specify what offences are required over and above those already on the statute book that deal with the offence of administering a poison through either a drink or an injection?

[Ellie Reeves]

We seek tougher sentences that act as a deterrent. There are horrific stories of spiking both by injection and by a drink. The rise in spiking by injection is deeply concerning, but the very low level of prosecutions and the sentencing do not seem to reflect the scale of the problem. In our review, we would ask the Sentencing Council for new guidance on sentencing for these crimes.

Finally, some crimes are so abhorrent that Labour believes the offender should never come out of prison. Labour would ensure that any offender found guilty of the rape, abduction and murder of a stranger received a minimum custodial tariff of a whole life order, with the effect that they spend the rest of their life behind bars.

Toughening sentences alone will not fix the failures in the system that are letting women down. That is why Labour has outlined a much wider action plan. We would roll out a domestic violence register to prevent perpetrators from going town to town to find new victims. We would bring in specialist rape courts in every Crown court across the country to end the unacceptable court delays and to prevent victims from being retraumatised by the court process. We would introduce legal advocates for rape survivors to support them every step of the way, from reporting a rape at a police station right through to trial. That would drive up standards and prevent victims from pulling out of their cases because they feel the system is working against them. We would put Jade’s law on the statute book, suspending parental responsibility in cases where one parent murders another.

It can no longer be considered good enough for the Government to say that tackling violence against women and girls is a priority when their actions, I am afraid, sometimes say otherwise. Recent polling showed that seven in 10 women consider action to stop sexual harassment, rape and domestic abuse inadequate. Nine in 10 women said that imposing tougher sentences for these crimes would be an effective way of making the country safer for women and girls. We cannot afford for our laws and their enforcement to send a signal that violence against women and girls will be tolerated. That is why Labour in power will make sure that sentencing provides justice for victims, and with our wider action plan on violence against women and girls, we will finally make tackling this a priority.

--- Later in debate ---

[Peter Gibson]

The Minister is always welcome in Darlington. As it is the birthplace of the railways, all rails lead there.

[Edward Argar]

I am grateful to my hon. Friend and may well take him up on that. I hope to be able to visit him in Darlington. I pay tribute to him for his work on Sian’s law, and his dedication and determination. We all know what a challenge it is in this place to see a private Member’s Bill to fruition. I pay tribute to him for what that law will do to improve people’s lives and safety. His constituents should be proud of him for what he has achieved with it.

Interventions being funded include the delivery of training for night-time economy venues, including Stamp Out Spiking workshops, bystander training and awareness-raising initiatives for students. In that context, it is an appropriate moment to briefly touch on spiking, which was raised by a number of Members. This is where my memory may fail me, but it is my understanding is that it is covered under the Offences Against the Person Act 1861, in the context of administering a poison. That Act carries with it a maximum period of imprisonment of five years for that offence.

As my hon. Friend the Member for Darlington alluded to, the challenge is catching the perpetrator, given the context of how such offences are often committed. There is the challenge of proving it and also, I suspect, an element of awareness-raising needed about the nature of the offence, so that there are more reports, enabling the police and others to better intervene.