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Criminal Justice Review: Response to Rape
25 May 2021
Lead MP
Kit Malthouse
Debate Type
Ministerial Statement
Tags
Women & EqualitiesStandards & Ethics
Other Contributors: 29
At a Glance
Kit Malthouse raised concerns about criminal justice review: response to rape in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
Kit Malthouse acknowledged the significant concern regarding the decline in effective rape trials and serious sexual offence cases in England and Wales. He announced that the government commissioned an end-to-end rape review in March 2019 to address issues from reporting to police to court outcomes. The review aims for system and culture change, improved case preparation methods, increased communication between stakeholders, and new charge mechanisms to increase case progression through the legal process. Malthouse was tasked by the Prime Minister with overseeing these actions, ensuring accountability among operational partners, and regularly updating Parliament on progress. Despite initial plans to publish last year, delays were caused due to stakeholder feedback and judicial review judgments. The minister confirmed that the action plan will be published shortly after recess.
Pontypridd
Question
The failings of the criminal justice system, particularly involving violence against women and girls, have been well documented. Yesterday’s Guardian analysis revealed that fewer than one in sixty reported rape cases led to charges. The Labour Government in Wales has set out national indicators for progress on tackling violence against women and girls. Will the minister apologise to victims for delays? Will he support a similar indicator approach? When will the review be published?
Minister reply
Kit Malthouse acknowledged the seriousness of the issue and appreciated Davies-Jones’s concerns. He pointed out that the work began before the official document was published and highlighted significant actions taken by the government over the past decade, including creating offences for coercive control, upskirting, stalking, and revenge porn. The minister emphasised ongoing efforts to correct injustices in rape prosecutions.
Bob Neill
Bills
Question
The MP recognises the complexity of rape cases and supports the delay in publishing the review until after legal challenges were resolved. He emphasises the need for proper resourcing to support the joint national plan between the CPS and police.
Minister reply
The Minister acknowledges the complexity and agrees that operationalising changes is key. He has convened a taskforce involving key individuals from relevant organisations to drive this change.
Ellie Reeves
Lab
Lewisham West and East Dulwich
Question
The MP criticises the Government's failure to support victims, highlighting long wait times for trials. She demands urgent publication of the review with actionable recommendations and reforms.
Minister reply
The Minister commits to publishing shortly after recess but emphasises that significant work has already begun, including Project Bluestone in Avon and Somerset police.
Robbie Moore
Con
Keighley and Ilkley
Question
The MP asks about steps the Government is taking to support victims who lack confidence in the system.
Minister reply
The Minister mentions a commitment to bring forward new legislation to put the victims code into law, ensuring all operational partners take up the challenge of putting victims at the heart of the system.
Andrew Gwynne
Ind
Gorton and Denton
Question
The MP questions what acceptable figures should look like for rape charges and prosecutions.
Minister reply
The Minister acknowledges regrettable numbers but emphasises the need for changes in technology, capacity, and capability. He highlights ongoing work on inquiry and disclosure frameworks.
Joy Morrissey
Con
Beaconsfield
Question
The MP asks about improving collaboration between police and CPS.
Minister reply
The Minister outlines the joint national action plan launched by the NPCC and CPS, covering support for victims, casework quality, digital capability, people expertise, and stakeholder engagement.
Dwyfor Meirionnydd
Question
The MP stresses the importance of accurate data for Wales in monitoring duty to prevent crime under the Violence against Women, Domestic Abuse and Sexual Violence Act 2015.
Minister reply
The Minister commits to announcing plans on reporting but does not support more devolution for justice powers, arguing that England and Wales are stronger together.
Bob Blackman
Con
Harrow East
Question
The vast majority of rape victims know the perpetrator in the first place, and the vast majority are in relationships with them, or historically have been. The key here is ensuring that once a victim of rape reports it to the police, they are dealt with not only sympathetically, but supported all the way along the line to court. This is a structural and cultural change that needs to take place. What effort is my hon. Friend making to ensure that cultural change, as well as structural change, is actually implemented?
Minister reply
My hon. Friend is absolutely right that one of the key issues that we have to address is what they call “victim attrition”, which is a slightly depersonalised, desensitised phrase for victims not feeling that they are going to get justice and giving up along the way. I was very pleased that the Government announced a massive increase in the amount of money being given to create the posts of independent sexual violence advisers and domestic abuse advisers, who will help to support victims through the criminal justice system to make sure that they get to court in good shape and able to give the evidence that they wish to give. There will be more about this issue in the review and I hope that, when it comes, he will welcome it.
Wendy Chamberlain
Lib Dem
North East Fife
Question
Despite the reasoning, the long delay in publishing the Government’s review of rape cases is emblematic of the chronic delays throughout the criminal justice system that are denying survivors justice and allowing rapists to walk free. The results of the analysis initiated by my hon. Friend the Member for Bath (Wera Hobhouse) are shocking. As a former sexual offences trained police officer, I think that what these statistics make clear is that police and prosecutors need more resources and training to bring perpetrators to justice, whether that means supporting survivors, handling investigations sensitively, analysing digital evidence or countering damaging stereotypes. The Minister talked in his response about this being part of ongoing work, so what are the Government doing now to deliver?
Minister reply
I agree with the hon. Lady about resources and training. The development of expertise, which she obviously had in her career, is a key part of the Crown Prosecution Service and National Police Chiefs’ Council joint national action plan. We see better results from specialist teams, and often those structural issues that allow police officers to stay in post for longer, and develop an expertise in what my hon. Friend will know is a difficult and sensitive area of investigation, are critical. We must also ensure that the CPS is able to develop that specialism, and that will be a critical part of the joint national action plan.
Barnsley South
Question
In South Yorkshire just 24 people were charged, despite nearly 1,600 reports of rape being made in 2019. The Minister says that the Government have taken action, but their recent Police, Crime, Sentencing and Courts Bill does not mention women once. Will he admit that through their lack of action, this Government have effectively decriminalised rape?
Minister reply
I am sorry to hear the numbers from South Yorkshire, and I know the hon. Lady will address them with the police and crime commissioner there, who is responsible for the performance of the police. He also chairs the local criminal justice board, which is designed to bring partners together in that area to work on exactly these issues. The Police, Crime, Sentencing and Courts Bill includes provisions that will focus on offences that largely impact women, not least the end of the halfway release for serious sexual offenders, including rapists who, when the Bill goes through, will have to serve two-thirds of their sentence, providing greater protection and justice for their victims.
Question
Because the majority of rapes take place behind closed doors, where the victim knows the perpetrator, and in circumstances that are incredibly difficult to prove afterwards, it has always been a difficult crime for which to get a conviction. The most striking features of the current rate are the high rate of attrition, and the fact that the CPS has seen fit to update the rape and serious sexual offences guidance all the way through the year on victim behaviour. Does my hon. Friend think there is a case for specialised prosecutors, and a specialist sexual offences court to deal with such crimes?
Minister reply
I had the pleasure of watching a talk that my hon. Friend gave last night to a think-tank about these issues, and she was very thoughtful and interesting on this subject. Across all crime types we see that specialism pays, both in apprehending the perpetrator, but also in getting a conviction. We must ensure that the police and CPS can develop those specialisms. All prosecutions are currently charged by specialist RASSO prosecutors, but a collective expertise must be a key mission for us. Alongside that, we must ensure that victims have specialist support, and expertise is key to that.
Yvette Cooper
Lab
Pontefract, Castleford and Knottingley
Question
The Government know that rape prosecution and conviction rates have always been too low, but they have plummeted over the last four years, dropping by 60% to 70%. Ministers were warned several years ago about the impact of cuts to specialist rape prosecutors and to specialist sexual violence teams in the police. Has the Minister done an assessment of what the reduction in some of those specialist policing teams has been, what the impact has been, and what additional capacity is now needed in those specialist teams, in both the CPS and the police, to turn this awful situation around?
Minister reply
I thank the Chair of the Home Affairs Committee for her question, but it would be a mistake to point to one particular issue driving the drop. We know, for example, that the significant fall from 2016-17 was down to difficulties with disclosure that arose from particular cases, and the impact that that has had on both the police and the Crown Prosecution Service.
David Simmonds
Con
Ruislip, Northwood and Pinner
Question
I commend the Government for the work that has already been put in hand to improve support for rape complainants. Will my hon. Friend give an update on when the new 2017 guidance on achieving best evidence—ABE—will be published and set out how the use of recorded pre-trial evidence and the specialist input of the Criminal Bar Association are informing the Government’s next steps?
Minister reply
I am grateful for my hon. Friend’s constructive question. He is right; we do think that the use of section 28, as it is called—giving recorded evidence—will have a role to play. As he will know, we have rolled it out for vulnerable victims across all Crown courts, and we now have a number of pathfinder courts—in Liverpool and, I think, Leeds—where we are using it in cases of intimidated witnesses, not least in cases of rape and sexual violence. As for the guidance that he points towards, that is a police-owned document, and I know that they are collaborating closely with the CPS and the Criminal Bar Association to get it right. We stand ready to help them with publication once their work is finished.
Warrington North
Question
I have heard harrowing testimony from a number of my constituents about their experience of seeking justice after rape and sexual violence. The majority felt that they had been further traumatised by the process and felt like they were the ones on trial, whether because they were required to hand over their digital devices, because they were not able to access pre-trial therapy, or because of the myths and stereotypes that abound. Listening to that testimony, I felt vindicated in my own decision not to go to the police—a decision that thousands of women sadly take because they understandably feel like their trauma will only be compounded by the process, with a minuscule likelihood of securing a conviction. Will the Minister therefore please commit to supporting Labour’s call for the establishment of a pre and post-trial survivor support package, including a full legal advocacy scheme for victims and better training for professionals around myths and stereotypes, so that survivors can finally have some confidence in this process?
Minister reply
It is obviously a matter of deep regret that anybody feels prevented from coming forward to report a rape, or indeed a sexual assault, to the police. That is one of the issues that we need to address—building confidence among victims that they should and could step forward, recognising at all times that it takes enormous courage to do so. Like the hon. Lady, I have sat with victims of this particularly appalling and intimate crime over the years, so I recognise the devastating impact that it can have. As to the measures that she calls for, I obviously cannot make an announcement today, but I recommend that, when the review is published, she reads it from cover to cover.
Question
Being believed is one of the most important things for a rape victim’s confidence. Will he assure me that rape victims going forward will have confidence in the criminal justice system’s handling of rape complaints?
Minister reply
While my primary objective will be to get more cases into court, it is critical that we build confidence among victims in the criminal justice system by ensuring they are at the heart of decision making and can access support, guidance, advocacy, and proper investigation.
Tonia Antoniazzi
Lab
Gower
Question
With some police forces reporting a rapid rise in sexual offending by women, what steps is he taking to ensure that all police forces accurately record and collect data on the sex of both victims and perpetrators?
Minister reply
I agree that demographics matter. I will go back to look at recording issues to make sure we are getting it right.
Claire Coutinho
Con
East Surrey
Question
Will this be thoroughly investigated in the rape review, and how will changes be communicated on a national level?
Minister reply
We need to create a self-reinforcing story of success by supporting victims, changing methodology and practices, leading to more cases going into court and convictions which should build confidence among victims.
Paula Barker
Lab
Liverpool Wavertree
Question
Does the Minister back Labour’s Bill to end violence against women and girls?
Minister reply
We have managed a huge amount on violence against women and girls over the past few years through other means, including new offences of coercive control, upskirting, stalking, revenge porn, dealing with the rough sex defence, modern slavery offences, and campaigning on rape as a weapon of war.
Rachael Maskell
Lab Co-op
York Central
Question
Will the Minister adopt Labour’s survivors’ support package to ensure that survivors may have their evidence pre-recorded and their cross-examination pre-trial?
Minister reply
The pandemic has been challenging for the court system, but justice is still being dispensed. An enormous amount of work has been done to deal with delays with the opening of Nightingale courts and a massive expansion of capacity.
Question
Will my right hon. Friend agree to discuss with his Ministry of Defence counterpart that all victims, regardless of where the assault took place, should receive the justice they deserve?
Minister reply
I share concern about low figures in military courts and will discuss it with the Secretary of State for Defence or ministerial counterpart.
Cat Smith
Lab
Lancaster and Wyre
Question
Will the Minister commit to talking seriously to his colleagues in the Department for Education about addressing the need for education on consent for boys and girls in schools?
Minister reply
The issue is not within ministerial ambit but through work of DCMS and DfE, we are aware that young people take their signals and learn behaviour from adults around them.
Question
What can the Government do to ensure that the voices of victims are right at the heart of the review?
Minister reply
Given his commitment, my hon. Friend will volunteer to be on Committee that considers the victims’ Bill when it enters the House.
Stella Creasy
Lab Co-op
Walthamstow
Question
What message does he think it sends to victims when this important protection is being abused and the penalty for it is less than someone would get for fly-tipping?
Minister reply
Victims of these kinds of offences do have a right to lifetime anonymity. Although the particular case received a significant sentence for the substantive offence, we will keep under review.
Question
One of the issues in securing convictions is proving lack of consent. As my hon. Friend has said, it is often one person’s word against the other person’s. Would he consider working with the Crown Prosecution Service and the police to establish guidelines as to how to prove consent or lack thereof?
Minister reply
My hon. Friend raises a critical issue which, as she says, is at the heart of so many of these investigations. I know that, as part of their joint action plan, the police and the CPS will be looking at exactly such issues to ensure that there is consistency and, frankly, that they can get the right kind of result in court.
Diana R. Johnson
Lab
Kingston upon Hull North and Cottingham
Question
Can the Minister tell the House whether the rape review looks at the shockingly low figures for convictions of men who rape women and girls who have been trafficked for commercial sexual exploitation; and will this be addressed in any action plan, including the need for new legislation to protect women and girls, and to hold men accountable for their actions?
Minister reply
As the right hon. Lady will know, thanks to this Government there are now significant penalties under the modern slavery legislation for those who traffic individuals. However, I hope she will forgive me if I do not necessarily reveal what is in the review. I hope that she will see that, whatever the circumstances of that particular offence, once the work starts—the work has started, but once we get going on the work that sits behind the rape review—we will see perpetrators of all kinds of these offences in court, where justice can be dispensed.
Question
Last month, a constituent of mine sent me a very powerful account of how her case has taken nearly three years to reach court. During that time, she has been told not to have therapy; that she could have therapy as long as the notes were shared with the defence; that she should not claim compensation; that she should not speak about it; and, at one point, that she would not be able to watch the trial. Will my hon. Friend assure me that the review will look both at how we can get cases to court more quickly, but at how victims can feel more supported, rather than feeling as my constituent has felt—inadvertently silenced?
Minister reply
I am very distressed to hear the experience of my hon. Friend’s constituent; it sounds like a dreadful case. On the therapy issue, the guidelines in place say that pre-trial therapy is absolutely allowed and appropriate, and nobody should be steered away from it. I would be more than happy to meet my hon. Friend to discuss that particular case, because it sounds like one from which we can learn some lessons.
Ruth Jones
Lab
Newport West and Islwyn
Question
Dame Vera Baird, the Victims’ Commissioner, has stated that the Government’s rape review team ‘took the surprising decision not to seek the views of those who really matter—rape survivors.’ Will the Minister confirm today that the upcoming end-to-end review did consult survivors of rape and sexual violence? If it did not, how can he assure the House that the review is in fact end-to-end without its speaking to those directly impacted?
Minister reply
Of course we consulted survivors, and a number of organisations that represent survivors were represented on the engagement panel as part of the development of the review. Indeed, more than that, the Government appointed Emily Hunt, a high-profile campaigner on this issue and herself a survivor, as an expert adviser.
Luke Evans
Con
Hinckley and Bosworth
Question
There is a benefit to being last to ask a question: one gets to see the whole debate. Throughout these exchanges there has been one common theme, which is trust. Only this month I have written to the Minister about harassment cases, but at its worst it is rape cases. People need to believe that when they come forward they will be trusted, that the police can be trusted to do their jobs, that they can trust sentences to be punishment and, finally, that we in this House are implementing the right laws. I am not asking the Minister to comment specifically on whether this review will deliver that, but overall does he think that it will bring trust into the system so that more convictions will go forward?
Minister reply
My hon. Friend is absolutely right that trust in the police, the prosecution service and the courts is critical to building the confidence and legitimacy on which our law-enforcement system rests. Having been involved in the development of the plan, I hope and believe that it will do two things: first, address that particular issue in what is a complex environment; and secondly, bring justice for individual victims, absent the general confidence that we should all try to instil in the system.
Shadow Comment
Alex Davies-Jones
Shadow Comment
Alex Davies-Jones highlighted alarming statistics from a Guardian analysis showing fewer than one in sixty rape cases reported to the police resulted in charges. She criticised delays in publishing the end-to-end rape review and the lack of engagement with stakeholders such as the Victims’ Commissioner. The shadow minister called for an apology to thousands of rape victims, support for national indicators similar to those in Wales, and a commitment to transparency regarding violence against women and girls.
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