End-to-end Rape Review

Sara Britcliffe Excerpts

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

May I pay tribute to the right hon. and learned Lady for her tireless work in this area? Indeed, she and I have regular dialogue about these issues and have done in the past. I will say several things in response. First, it is vital that existing protections are properly policed and used by the courts when it comes to restrictions on wholly inappropriate cross-examination. I have in particular asked the Law Commission to look at the whole issue about the trial process, and the rape myth issue that is still a real concern for many people who end up taking part in this process. But I will say this to her: I think it begins much earlier. I think the undue focus on the victim begins right from the initial investigation, and I think that that is wrong. I think that the proper emphasis in this report is about looking at the person who is alleged to have done it, rather than constantly focusing, as she rightly says, on irrelevant previous sexual matters that have nothing to do with the case and are an unwarranted intrusion into the private life of victims.

[Sara Britcliffe (Hyndburn) (Con)]

It is absolutely vital that there is a focus on offender behaviour rather than victim credibility, which is and will have been a significant factor as to why victims fear coming forward. The steps being taken on ensuring victims and witnesses can pre-record video evidence is welcome, but what will be done to extend this to all the courts so that all victims and witnesses can have access to this?

[Robert Buckland]

I thank my hon. Friend, and I say this: we have already rolled out the section 28 provisions to cover intimidated witnesses, many of whom will of course themselves have been the victims of sexual offences. We are going further: we are working very hard with the judiciary to pilot more use of the pre-recorded cross-examination technology in the case of intimidated witnesses. I have indicated that I will be prepared to legislate, if necessary, to ensure that we can fulfil the scale of my ambition, but I have to work closely with the judiciary to ensure that the operational realities—listing pressures and the sheer way in which we can accommodate these hearings—are fully taken into account as well.