Asked by
To ask Her Majesty’s Government what assessment they have made of
the effectiveness of the Crown Prosecution Service in prosecuting
cases of rape.
The Advocate-General for Scotland () (Con)
My Lords, the CPS is a partner in the ongoing cross-government
review of the criminal justice response to rape. It has already
accepted all recommendations in the recently published HM Crown
Prosecution Service Inspectorate’s Rape Inspection 2019 report,
and, together with the police, is developing a joint action plan
that will address issues raised in the report and, in due course,
the findings of the cross-government review.
(Lab)
I thank the Minister for his reply. Is he aware that rape victims
are finding it increasingly difficult to access justice, as the
police refer fewer cases to the Crown Prosecution Service and
fewer allegations of rape are being prosecuted and convicted,
according to new figures? The number of cases referred by the
police for charging decisions fell by 32% in the year to
September last year, while prosecutions by the CPS fell by 26%
and convictions dropped by 21%, which is the lowest level in more
than a decade. Does the Minister agree with the Director of
Public Prosecutions, Max Hill, who said:
“I share the deep public concern over the growing gap between the
number of rapes being reported, and the number of criminals being
convicted of this sickening offence … There is a clear need for
end-to-end action to provide better support for victims of this
devastating crime, and to bring more offenders to justice”?
The Minister mentioned the review. Can he say a little more about
it, including when the findings will be announced and what action
will be taken on it?
My Lords, we are concerned by the reductions in the number of
referrals for charge and in the number of prosecutions. That is
why we are concerned to take forward the review, which we hope to
complete this year. As regards the figures, I should perhaps
point out that the volume of pre-charge receipts from the police
fell from 3,375 in 2018 to 2,890 in the year ending September
2019. That is a decrease of just over 14%. There were 2.343
completed prosecutions in the year ending September 2019; again,
I acknowledge that that was a fall from the previous year, when
there were 3.034.
(CB)
My Lords, 35 years ago I published a book called Investigating
Rape: A New Approach for Police. That book was based around the
theory of rape trauma syndrome, which leads victims to give
accounts which are initially contradictory. It appears that the
fall in rape prosecutions is because the prosecutors are finding
discrepancies in the victims’ accounts. Will the Minister explain
to the House whether rape trauma syndrome is taught to
prosecutors?
My Lords, whatever the terminology may be, RASO prosecutors are
trained in all of these matters, and when they come to apply the
merits test in relation to such complaints they do so simply on
the basis of the merits. Certainly the CPS is clear that victims
and witnesses should never be discouraged or prevented from
seeking therapy and counselling, whether before or during a trial
process, and that the need for such counselling should be taken
into account when addressing the evidence placed before the CPS.
(Lab)
My Lords, the other day there were more media reports of young
girls, raped as children, who cannot get justice because of the
one-year time limit to commence proceedings for unlawful sexual
intercourse set by the old Sexual Offences Act 1956. When I
raised this question with the noble and learned Lord last
October, he referred to the review that he has just mentioned to
my noble friend. Do we really need a review to bring forward
action to close this unjust loophole that is protecting rapists
and not giving victims the justice they deserve?
My Lords, I appreciate the concern that has been expressed in
respect of this matter. We are taking forward the review but, in
addition, we are also setting up a child sexual abuse stakeholder
forum, which consists of survivor groups, key national charities
and academics in order to address this issue.
My Lords, a recent study highlighted that only 25% of university
students who had experienced rape went on to report it to their
university or to the police. It is therefore of concern that,
since 2016, 300 non-disclosure agreements have been issued by
universities in response to student complaints, including assault
and harassment reports. The Office for Students and Universities
UK are working to improve the handling of harassment and
misconduct by universities, but can the Minister advise the House
when the Government plan to legislate against the misuse of NDAs
by higher education institutions to ensure that students are not
discouraged from reporting these assaults?
My Lords, there has been widespread concern about the utilisation
of non-disclosure agreements, not only in the context of
university administration but across the board. It is a matter of
concern, but I cannot at this time indicate a time for the
introduction of legislation on the matter.
(LD)
In its thematic review of rape cases, the CPS concluded that, if
58,657 allegations of rape were made in the year ending March
2019 but only 1,000 successful prosecutions followed, something
must be wrong. It is not kidding. The CPS points the finger at
underresourcing and additional factors such as the growing
evidential importance of digital media. The Minister has referred
to the review: does he agree that it needs urgently to be carried
out and that the resources, and legislation if necessary, should
be provided to create a system fit for purpose and to restore
justice for victims of this heinous crime?
I concur with the sentiment expressed by the noble Baroness. On
digital material, which has increased enormously in recent years,
the CPS introduced a guideline in July 2018 which makes it clear
that it should not be assumed as a matter of course that such
digital material is looked at. However, we have launched a recent
consultation on the revised disclosure guidelines. That will run
until 22 April and I hope that those who have an interest in this
matter will direct their comments to the Office of the Attorney
General in that respect. With the recent increase in funds to the
CPS, we have taken steps to increase the number of prosecutors by
about 20% in order that we can be more effective in pursuing RASO
prosecutions.
