PARLIAMENTARY DEBATE
Criminal Justice Review: Response to Rape - 25 May 2021 (Commons/Commons Chamber)
Debate Detail
The Government have long recognised that the decline in the number of effective trials for rape and serious sexual offences in England and Wales is a cause of significant concern. As a result, we commissioned the end-to-end rape review in March 2019 to look at evidence across the system, from reporting to the police to outcomes in court, in order to understand what is happening in cases of adult rape and serious sexual offences being charged, prosecuted and convicted in England and Wales.
Our review represents a serious commitment to change by the Government and our partners. At its heart will be a set of actions that will drive system and culture change to ensure that the victims feel supported and able to stay engaged with their case. That, combined with updated and stronger case preparation methods, as well as increased communication between all those involved in the prosecution and new charge mechanisms, should lead to more cases reaching court and, we hope, defendants pleading guilty.
To ensure that that happens, I have been tasked by the Prime Minister to take personal leadership of the actions from the review, working with colleagues across Government to ensure accountability of operational partners for delivery. I will of course regularly update the House on our progress.
On the substantive question, I was keen to publish the rape review last year. However, following extensive feedback from the Victims’ Commissioner and the victim sector that we needed to take account of the End Violence Against Women Coalition’s “The Decriminalisation of Rape” report and the pending judicial review judgment, we took the decision to delay publication. We have used the time since that delay to carry out further research and engage with stakeholders in order to formulate an ambitious and wide-reaching action plan, which we will be publishing shortly after recess. When we publish the report, I will present it to Parliament and write to colleagues across the House to outline our approach. I look forward to working with the hon. Member and, indeed, all Members across the House to ensure that this action plan drives the substantial change we need to see.
Like many others, I initially welcomed the Government’s commitment to an end-to-end rape review of the criminal justice system, yet we are now more than two years down the line and, after a number of delays, that vital review is still nowhere to be seen. The Justice Secretary recently announced that it would be published before the end of the spring, yet the stakeholder reference group that the Minister alluded to has not been consulted on what is in the rape review action plan. Enough is enough.
The Government have repeatedly acknowledged that they have not been robust enough in their efforts to tackle gender-based violence, but it does not have to be this way. The Labour Government in Wales passed the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, which set out 10 national indicators of progress in tackling violence against women and girls by which the Government can be held to account. By contrast, the UK Government cannot even commit to publishing their own review in good time.
So I ask the Minister: will he now take this opportunity to apologise for this delay to thousands of rape victims, and particularly the 40% who are rapidly losing faith in the justice system and withdrawing from prosecutions? Will he support Labour’s call to introduce a similar indicator to that seen in Wales, to facilitate a transparent approach to tackling violence against women and girls? Lastly, will he once and for all confirm an exact date for when this review will be published?
However, against that background, I am sorry that the hon. Lady seeks to politicise what should be a cross-party issue, not a Labour/Conservative issue. There are many Members on the Government Benches for whom this has been a significant issue for some time. As Mayor of London, the Prime Minister himself published the first ever violence against women and girls strategy in this country and, indeed, in any major city around the world. This is an issue that has been close to his heart, and indeed mine, for some time.
I should also point out to the hon. Lady that, notwithstanding the fact that there is a document that requires publishing—as I say, that will be published shortly after recess—she should not mistake that for the beginning of the work. Much work has been done thus far, and we are engaged closely with the police, the Crown Prosecution Service and other partners to make sure that the action plan and the work we need to do to get more cases from report into court has begun already. As the hon. Lady will know, the Crown Prosecution Service and the National Police Chiefs’ Council launched their joint action plan in January this year, and I am pleased that that progress is being made as well.
That is against a background of significant action by the Government over the past decade in various areas of violence against women and girls, which I hope the hon. Lady will appreciate and applaud, ranging from creating the offence of coercive control to outlawing upskirting, stalking, and revenge porn and the threat thereof. We have just passed the landmark Domestic Abuse Act 2021 with great support across both Houses. Alongside that, we have the information and support campaigns the Government have been running, along with the very significant financial support that has gone into support for victims and witnesses of rape and sexual violence.
The document is important, and it was important to get it right—as I say, we delayed it at the request of the Victims’ Commissioner and the victims sector. Please be under no illusion: we are working extremely hard to try to correct what, as the hon. Lady points out, is an injustice.
It is also right, of course, to have delayed publication until the decision of the Court of Appeal in the judicial review; otherwise, it might have materially altered the review’s conclusions. However, now that all the challenges have been dismissed on all grounds and the judgment has been handed down, on 14 May, will my hon. Friend undertake to ensure that not only is the document published but that there is proper resourcing to support the joint national plan of action between the Crown Prosecution Service and the police? Doing the same is starting to make a difference in relation to the problems experienced in the past with disclosure. Getting the thing working on the ground, surely, is what we must now tackle very urgently.
My hon. Friend is quite right that the key issue is not so much the document, which is an important statement and political moment, but the operationalisation of what is within it. While we are dealing with a police service of tens of thousands of individuals, a prosecution service with many people involved, and lots of other parties that take a case from report to court, getting them all to both act and think differently—the culture change as well as the operational change—will be an enormous challenge. That is what we are focused on. He will be pleased to know that I have convened a Criminal Justice Board taskforce of key individuals in the organisations involved to try to drive that operational challenge of embedding change.
The Government are letting down victims of rape and serious sexual violence on every front. Victims are being left waiting years for their day in court, with no support, no communication and no action from the Government. When I have spoken to victims, they tell me that they often feel as though they are on trial and how being left to wait years for their day in court leaves them in a form of purgatory, unable to move on from what has happened to them. Many feel that the justice system is working against them, not for them. That is a complete and utter failing of this Government.
We have been waiting for over two years for the rape review. The Minister refers to the court judgment, but that was handed down weeks ago—again, the date of publication has been kicked into the long grass, with no action from the Government. In that time, another 100,000 rapes are reported to have taken place.
Victims cannot wait any longer for action. The Government must urgently publish their review, which must include hard-hitting recommendations and root-and-branch reform to the CPS, Ministry of Justice and Home Office. We need to see how the Government intend to reverse the shocking deterioration of rape prosecutions they have allowed to happen under their watch and how they intend to improve the criminal justice system for victims of rape and sexual violence. What we do not need are slapdash briefings to the press about what is potentially in the review. No more pilots, no more consultations—what we need is action. We need a plan, and Labour has one. We have set out what we would do in our survivors’ support plan and in our Green Paper, “Ending violence against women and girls”. So today, I ask the Minister: will he commit to backing Labour’s survivors’ support plan? Will he introduce indicators across the Crown Prosecution Service, the Ministry of Justice and police to improve victims’ experience of the criminal justice system, as set out in our Green Paper? Will he finally commit to a date for the publication of the review, or will he continue to watch the effective decriminalisation of rape?
I would be more than happy to look at the Labour Green Paper, because I do not think there is any monopoly on good ideas in this area, as I hope that my opposite number will look with an open mind at the plan that we publish and the work we intend to do. We all have a shared desire here to see better outcomes and more justice for victims in court, and we will have to stand shoulder to shoulder if we are going to make that happen.
My hon. Friend is right to say that this is a particularly difficult, evidential situation, where often it is one word against another, and other circumstantial evidence may or may not lead to a conviction. I want to concentrate on the key area of recent reporting, and on encouraging people to report as soon as possible. As she will know, there is a short forensic window in such situations—normally 7 to 10 days—and there are sensitive forensic facilities where evidence can be gathered. We know that in such circumstances, the likelihood of conviction is much greater. For historical offenders it is even more difficult, which is why expertise is even more important.
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?
I think it is sometimes a mistake to give the impression that somehow a decision was made that this should happen. It was not. There has been a pattern of decline over a number of years. Part of the reason that we instituted the rape review, admittedly 24 months ago, was to try to diagnose exactly what has gone wrong—exactly why these cases are failing to get to court, why so many witnesses are falling out before they get to court, why we are seeing difficulties with disclosure, and what we can do to improve, for example, our operation of digital forensics, in terms of both capacity and capability. All that will be contained in the review. I understand people’s impatience; there is not much longer to wait now.
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?
I do not accept necessarily, however, that we need a Bill as the hon. Lady has outlined, not least because we have managed to do a fair amount—a huge amount, actually—on violence against women and girls over the past few years through other means, as I set out earlier. We have new offences of coercive control, upskirting and stalking, and on revenge porn. The rough sex defence has been dealt with, and we have introduced modern slavery offences, when women are often trafficked for sex. We have even campaigned on rape being used as a weapon of war around the world. Alongside that are the report we have made on refuges, the domestic abuse helplines and work that we are doing now on the rape review.
That huge package points towards the safety of women and girls. While there is much to be proud of in that, there is still a lot more to do, which is why later this year we will publish a violence against women and girls strategy alongside a complementary domestic abuse strategy.
The problem we have with violence against women and girls in this country starts young and it never ends. We have a real problem, so as well as no more delays to the publication of the end-to-end rape review, 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 and through youth work?
“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?
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