Rape: Criminal Prosecutions

Rachael Maskell Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

I reiterate that this is a priority for this Government, from the Prime Minister downwards. It is also a priority for colleagues on the Back Benches from across the House, who have raised it. I am very grateful to Conservative colleagues who have raised issues such as cyber-flashing and the use of intimate imagery on the internet, which we will no doubt be discussing as the Online Safety Bill makes its way through this place. There is huge support on the Back Benches for ensuring that victims of domestic abuse get the justice and support they need, and I am extremely grateful to every Member of this House who can join us in our efforts to improve justice for victims of these horrendous crimes.

[Rachael Maskell (York Central) (Lab/Co-op)]

I have had too many cases where survivors of rape have not reached the evidence thresholds demanded by the CPS and, as a result, their cases have collapsed or not even been able to be taken forward. That clearly has an impact on confidence in the system, particularly on the issue of consent and with one word being played off against another even if there is forensic evidence,. What measures is the Minister taking to improve a victim’s opportunity to take their case forward in that context?

[Victoria Atkins]

The hon. Lady hits on a sensitive point, in that the “Code for Crown Prosecutors” sets out the tests that prosecutors must apply, not simply in cases of sexual violence but across all criminal cases, and the threshold of 51% or thereabouts for the evidential stage. This means that, as we know from speaking to victims, there are occasions when the CPS does not believe that test has been met, which is why the roll-out of Operation Soteria, both across police forces and across CPS regions, is so important. In this effort for non-defensive transparency, the CPS is looking at its own actions and ensuring that the right standards are being met, for example in the application of the test and in disclosure. All of this is being lined up to ensure that the law is applied properly and appropriately. We have also reformed disclosure guidelines recently, in order to help the police and the CPS make important decisions about whether material needs to be gathered at all and, if it does, whether it meets the very specific circumstances in which it falls to be disclosed.