Commons statement on Rape and Sexual Violence: Criminal Justice Response - Jul 10

Rape and Sexual Violence: Criminal Justice Response

The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)

With permission, Mr Speaker, I would like to make a statement on measures to improve the criminal justice response to rape and sexual violence.

This Government are unswervingly committed to protecting the public and fighting crime. As I am sure Members across the House will agree, few parts of that mission are as important as the ongoing effort to tackle rape and sexual violence. As I heard on my recent visit to Greater Manchester police, these are sickening, destructive crimes that can only have a significant impact on human dignity. They are a betrayal of everything we stand for as a law-abiding society, and they can have profound and lifelong consequences. My thoughts and prayers are with every single victim.

Although we are united in our outrage at these horrific acts, sadly we cannot turn back the clock. What we can do, and what this Government are determined to do, is ensure that the criminal justice system does not add to the suffering and trauma experienced by victims and survivors. On that note, I will update the House on the work being done to drive improvements in the criminal justice response to rape and sexual violence.

Two years ago, in the rape review, the Government set out steps to transform support for victims and to ensure cases are fully investigated and rigorously pursued through the courts. Crucially, we heard that many victims who have reported to the police feel that they are the ones under investigation and do not feel believed. For example, we know that victims have faced digital strip searches, with intrusive requests for access to their mobile phones. Last year, we changed the law to end such distressing and intrusive practices, and to protect victims’ right to privacy where it is necessary. We are introducing new legislation through the Victims and Prisoners Bill so that therapy notes and other personal records are accessed only when necessary and proportionate to an investigation. But we must go further. The investigation of rape must be no different from the investigation of any other crime, with the focus firmly on the suspect.

To support policing to transform its response to rape, the Home Office has already provided over £6 million to Operation Soteria, bringing together more than 50 world-leading academics from across the country, led by Professor Betsy Stanko and Professor Katrin HoL, and frontline officers from 19 police forces, to develop the new national operating model for rape and serious sexual offence investigations. This model, launched today, means that all police forces in England and Wales will now have the tools they can apply to conduct suspect-focused investigations which ensure victims’ needs and rights are central; through the College of Policing, they can access learning to develop their skills and build a comprehensive understanding of the psychology of sexual offending.

Nineteen police forces have participated in the programme, and we have already seen signs of change. All pathfinder forces have seen an increase in the number of cases being referred to the Crown Prosecution Service and a reduction in the average number of days taken for a charge outcome to be assigned. Charge volumes in Avon and Somerset have more than tripled, rising from seven charges to 22 charges in October to December 2022. The Met has seen an 18% reduction in victims withdrawing, with this falling from 743 cases before Soteria to 611 cases in October to December 2022. The charge rate in Durham has increased, rising from 2.6% to 12.6% since that force’s involvement in Operation Soteria. The number of cases being referred to the CPS by West Midlands police has doubled, with it rising 108%, from 26 to 54 cases; and charge volumes in South Wales have increased by 110%, rising from 10 cases before Operation Soteria to 21 cases in October to December 2022.

My right hon. and learned Friend the Home Secretary and I are encouraged that all police forces in England and Wales have committed to implementing this new approach. We have already met, or are on track to meet, the ambitious targets set out in the review ahead of schedule: to more than double the number of adult rape cases reaching court by the end of this Parliament; and to return the volumes of cases being referred to the police, charged by the CPS and going to court to at least 2016 levels.

We want to go further and faster, and we are doing exactly that by providing a further £8.5 million to continue to support the police to improve their response to rape. That will be used to establish a new joint unit with the National Police Chiefs’ Council and the College of Policing to oversee and support forces as they implement the model, continuing to draw on academic expertise and oversight. We will continue to roll out a Government-funded uplift in technical capacity and capability to ensure that no adult victim of rape is without a phone for more than 24 hours.

The NPCC and College of Policing have also made significant commitments: 2,000 police investigators will complete specialist training on the investigation of rape and sexual offences by April next year. A new first responder course will be compulsory for all new police recruits from April next year, to ensure that victims of rape get the right support and treatment they need at the time of reporting. We will also consult policing partners on the most effective way those officers can be used, including the effectiveness of dedicated rape and sexual assault investigatory units.

Operation Soteria has shown the importance of scrutiny to drive progress, which is why the Home Secretary has also commissioned His Majesty’s inspectorate of constabulary and fire and rescue services to carry out a thematic inspection on forces’ implementation of the Soteria model. I want to be clear: there is further to go and there is no room for complacency. We want victims to have the confidence to report these crimes, knowing they will get the support they need, and that everything possible can and will be done to bring offenders to justice. This Government will work with policing to do everything in our power to ensure that happens, and I commend this statement to the House.

3.38pm
Jess Phillips (Birmingham, Yardley) (Lab)

I of course welcome today’s statement—any progress on this issue is to be welcomed—but I would outline that the rape review was commissioned in 2019. It then took two years to publish, and we rightly got an apology from the Government for the catastrophic decline in prosecutions. However, the report contained only piecemeal changes, which is why, another two years on, we are here today discussing progress, yes, but marginal progress.

In the data outlined by the Minister on the number of cases now being charged, she did not make it clear that hundreds of cases were still not charged in each police force area she spoke of. The Government seek to get back to 2016 standards, without recognising that it was on their watch that the system crashed. Charges and prosecutions dropped to their lowest levels on record, just at the time when rape offences recorded by the police skyrocketed to record levels. What the Government are celebrating today is simply the beginning of a reversal of their failure of survivors—like smashing a vase and celebrating when it is half stuck back together with sellotape. In this time, countless rape victims have been left unsupported, or have dropped their cases or never even come forward. This morning, I received a text message from a rape victim I have been supporting, who waited over five years for her case to be heard. She said:

“Is there anyway I can see you this week? I really need to speak to someone before all this gets any worse, I just cannot deal with my own head right now.”

She, like thousands of others, has been let down by the system, and the public have been left at risk, with attackers still walking free.

The numbers that the Government have not mentioned today are those for outstanding rape cases, which show a record high of 2,040, up from 1,379 a year previously. More rape victims are waiting longer than ever before. The Government’s own scorecard for 2022 has the attrition figure at a staggering 62%. Survivors are still being left unsupported and are dropping their cases. Will the Minister say whether the Government will back Labour’s proposal for all rape victims to have legal advocates, when my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) pushes that amendment tomorrow in the Victims and Prisoners Public Bill Committee? Rape Crisis has called for it, the Labour party would do it, and the victims need it. Will the Government vote against support for rape victims tomorrow?

The green shoots of police improvements from Operation Soteria are welcome, as is its roll-out as a national operating standard. However, to be successful, it must maintain that academic rigour and independent input throughout the national implementation. It cannot just be a good pilot that is spread out to police forces as a checkbox. Will the Minister confirm that the academic rigour that the scheme started with will continue in every one of the 43 forces, as it is rolled out? The total number of charges for adult rape in quarter 1 of 2016 was 2,270. In quarter 4 of 2022, it was 1,748, a 23% drop.

Labour announced over two years ago that we would implement specialist rape courts, listing rape cases as a priority and fast-tracking them. The Labour party has called again and again for specialist rape and sexual offence units in every police force, something that still does not exist. The Government say today that they are having a think about them. I ask that they think a little faster. If they had listened, they could have all been rolled out and could be supporting survivors now. Labour would also increase the number of prosecutors, to put rapists behind bars and reduce the record backlog across the courts. We welcome progress, but the Government could and should be doing much more.

Miss Dines

I thank the hon. Lady for those comments. I am afraid that I do not accept that the work has been piecemeal. This is a sea change in how the model is being operated. I have done some research, my civil servants have done some research, and I have spoken to the academics and the people who meet victims all the time. There is no other country in the world, that I can find, that has a similar operating model. Over 50 academics have worked tirelessly with some excellent officers. This is not piecemeal; this is a sea change, but there is a lot more to do.

I do not accept that the change is marginal. It is fundamental. This is a different way of looking at victims and the suspect. It must not be forgotten that all crime, not just particular, different sorts of crimes, needs to be hammered down and stopped by the Government. That is what we expect from the judiciary, the police and the Crown Prosecution Service.

Yes, rape cases are of course far too high; they are coming down, and more must be done. I, too, am concerned about attrition. We must change that, so that we can support our women, and boys and men at times, who have been raped. There is academic rigour, and it will be rolled out. There will be proper monitoring, and there is a proper unit to make sure that the operating model is rolled out properly.

The question of specialist rape courts is brought up often by the hon. Lady. Of course, it is a very complex matter. With respect, all victims of crime deserve decent, proper courts. We should not be singling out one offence over another, because all these crimes are heinous and they all deserve a resolution to the complex situation.

We have already completed a national roll-out of pre-recorded evidence, which is one of the main things victims ask about when they want special rape trials. Through that roll-out of pre-recorded evidence, we are sparing victims the ordeal of appearing before a live courtroom, which helps them to give their best evidence. We are talking today about evidence.

To ease the court process further, we are updating the victims code, so that members of the Crown Prosecution Service team must meet rape victims ahead of their court cases to answer their questions and allay any fears they have. In the next phase of our specialist sexual violence support project, we will ensure that at participating Crown courts, including Snaresbrook, where I commonly worked, Leeds and Newcastle, the option to remotely observe a sentencing hearing by video link is available to any adult rape victim who needs it, subject to the judge’s agreement.

These are complex issues. The work is on evidence, not rhetoric. We are getting there, but there is a lot more to do.

Mr Speaker

I call the Chair of the Women and Equalities Committee.

Caroline Nokes (Romsey and Southampton North) (Con)

I gently say to my hon. Friend the Minister that some kinds of offences can and should be singled out. Actually, that is exactly what we have done with the strategy on violence against women and girls, with the landmark Domestic Abuse Act 2021, because we have to recognise that sexual offences against women have a particular personal, traumatic impact, and we need to do more.

However, I was pleased to hear her single out Avon and Somerset police, and I pay tribute to Chief Constable Sarah Crew, who is the most amazing woman and has spearheaded efforts in that police force to ensure victims are treated sensitively, appropriately and swiftly. The same cannot be said about every police force.

We are now some four months or so on from the Casey review into the Metropolitan police, and too many women still say to me that they do not want to report a crime against them to the Met because they have no confidence that it will be treated fairly and properly, and that they will not end up being the ones on trial. What more can my hon. Friend the Minister do to instil, as she put it, “confidence to report crimes”, when it comes to our capital’s police force?

Miss Dines

I am grateful to my right hon. Friend; I know she does great work in this area. I too have been thoroughly impressed at my many meetings with Sarah Crew. She really is a breath of fresh air and I put a lot of hope in the way that she has managed to roll out new ideas about how to police this area. Of course these are heinous crimes and very special offences.

In relation to the Metropolitan police, I have met the commissioner and the deputy commissioner, and I sense there is a change. The oil tanker is moving. At the moment, it is moving too slowly; it needs to move faster. I am optimistic about the new training that new officers are receiving. The emphasis on specialist trained officers is encouraging and I am sure we will see progress.

Mr Speaker

I call the Chair of the Home Affairs Committee.

Dame Diana Johnson (Kingston upon Hull North) (Lab)

I associate myself with the words of the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes). I agree with everything that she just said. More than a year ago, the Home Affairs Committee recommended that all police forces should establish specialist rape investigation teams. We know that they produce better decision making, can address delays and improve communication with victims and the CPS.

We also urged the Government to collect and publish data on the number of police officers in each force with specialist rape and serious sexual offence training. Can the Minister explain why specialist rape investigation teams are still not in place in every police force and what she will do about that? Can she confirm how many serving police officers, as of today, have received specialist training on rape and serious sexual assault? What proportion of the 20,000 new recruits will also receive that specialist training?

Miss Dines

I thank the right hon. Lady for her incisive questions. I suggest that the issue is about specialism, rather than specialist units. All police forces have different operational ways of working. She will recall the evidence of Sarah Crew, who said that there is no quick fix for each particular force. She said that every force must look closely at the way they are operating. However, specialism of training is key. The National Police Chiefs’ Council is very firmly looking at what will be rolled out. The modules in relation to domestic abuse and to rape and serious sexual offences are being updated. The right hon. Lady is quite right to point to training, as that is important. She mentions data, which is also very important. We are improving and collecting more data—far more than has been collected previously, as far as I am advised. I am optimistic that we are working together. Her Committee plays a vital role in assisting the experts and informing the way that they work.

Alberto Costa (South Leicestershire) (Con)

I welcome the Government’s measures on rape and sexual violence, but I invite the Minister to consider this: Colin Pitchfork, who brutally raped and horrifically murdered two teenage women in my constituency is being provisionally released by the independent Parole Board. I know that she does not have responsibility for the Parole Board, but what my constituents and, I think, the wider British public do not understand is how somebody who has committed appalling sexual violence against two young women can possibly be released? Does she agree that that position can only be regarded as irrational?

Miss Dines

I agree with my hon. Friend. The case of Colin Pitchfork is dreadful, and I am very aware that the Ministry of Justice are working hard on that. Recently, my right hon. and learned Friend the Lord Chancellor said that he expected more work to be done in this space. I commend my hon. Friend for the hard work that he does in his constituency and nationally in this area.

Wendy Chamberlain (North East Fife) (LD)

It is clear that Operation Soteria is seeing improvements, but, frankly, the bar is very low. I associate myself with the comments of the Chair of the Women and Equalities Committee that the crime that we are discussing is different. Faith in policing and the justice sector more generally is impacted when a force that was using Soteria—the Met—was found in the Casey report to have

“a strategic and operational failure to tackle rape and sexual offences…which compounds the harm of the victims.”

I note in the Minister’s statement comments in relation to the thematic inspection. It is not just about training, but about ensuring that those resources have the time and capability to be able to investigate those crimes. Will the thematic inspection be looking at that?

Miss Dines

As far as I have been instructed, the inspector will be looking at that. The Casey review made for very sobering reading. It is paramount that public trust in the Met is restored, and we have to work hard on that. The Home Secretary has made it very clear that standards must and will improve in the Met as a matter of urgency. She, like me, will continue to hold the commissioner and the Mayor of London to account for delivering that change. I thank the hon. Lady for her continuing interest in this important area of work.

Kate Kniveton (Burton) (Con)

Does my hon. Friend agree that, in order to rid victims of the feeling of shame associated with rape and to encourage more victims to speak out, the investigation of rape must focus on the suspect, rather than the undermining and digital strip searching of the victim?

Miss Dines

My hon. Friend makes one of the most important points so far this afternoon. The shame and blaming must change: we need to treat rape sensitively and focus a little more on the aggressor—the alleged rapist—to ensure that there is more fairness and justice in investigations. That has been lacking. The Government were clear about that when they apologised recently for the way that this issue has not been looked into sufficiently. We need to believe the victim and make sure that there is fairness in the way that the evidence is obtained.

Andy McDonald (Middlesbrough) (Lab)

We all welcome progress, however small that may be. The Minister has said that the tanker is slowly turning, and there is a lot more to do. Does she not agree that one major issue is around people having the confidence to engage with the system, which would be better served by its embracing the principles of the independent legal advocate scheme?

Miss Dines

The Government do not agree at this stage that that is the right way forward. The crux of the matter lies with specialism of the investigation—with sensitive policing, listening to victims and letting them know, for example, that they can have their digital equipment and their telephones back in 24 hours, rather than having them taken by the police and on some occasions left for weeks or months without being returned. It is all about confidence, but it is also about specialism of the investigating officers and of the prosecutors.

Tracey Crouch (Chatham and Aylesford) (Con)

I have a constituent who was brutally raped in the ’80s. Despite presenting the evidence then and again more recently, she never got the support or the justice she deserved, due to failings within the Met. Can the Minister spell out what precise support historical victims of rape will receive following the review? Will it mean that, for my constituent and other victims of rape, justice will finally be secured?

Miss Dines

As far as I am aware, through the Ministry of Justice’s new Victims and Prisoners Bill, all victims will receive further assistance. These are heinous crimes, and whether the crime happened a day, a year, a decade or 50 years ago, all victims deserve support. I congratulate my hon. Friend on the amount of work that she does in this area and I will be happy to write to her, or to get the relevant Minister in the Ministry of Justice to write to her, with more particulars.

Mr Philip Hollobone (Kettering) (Con)

In the Police, Crime, Sentencing and Courts Act 2022, the Government introduced pre-recorded cross-examination to allow victims to pre-record their evidence and spare them the trauma of attending court in person. What progress has been made across the court system with those new procedures? Also, can the Minister reassure me and my constituents that, when sentenced, rapists are now serving longer in prison than they were before?

Miss Dines

Giving confidence to anybody who appears in court is important, particularly with this sort of heinous crime. As I mentioned earlier, we have completed a national roll-out of that pre-recorded evidence, which spares the victims of those ordeals and really makes a massive difference. It is one of the things that is brought up time and again when I speak to victims: they want to give their evidence in a fair way and not to feel that they are on trial. That is exactly why the Government are rolling out pre-recorded evidence. The victims code will go even further in allowing and in fact mandating prosecutors to meet people who are about to give evidence and who have been the victim of an alleged rape. It is a really good step forward and I commend the victims code to the House.

Jim Shannon (Strangford) (DUP)

I thank the Minister very much for responding to questions and for her statement. While I welcome the fact that the 43 police forces in England and Wales are to implement a new approach to investigating rape, can I ask the Minister what information sharing there is with the regional Administrations about these protocols, and what additional funding is available to help the Police Service of Northern Ireland and the Northern Ireland justice system to see this apparently attainable improvement replicated in Northern Ireland?

Miss Dines

This holistic new approach is supposed to affect and influence the whole way we deal with fighting rape—investigating, gathering evidence and getting cases before the court. I want to see that specialism and those measures rolled out everywhere. I would be very happy to get the relevant Minister to write to the hon. Gentleman to explain what more we can do to assist the special situation and what we have in Northern Ireland. It does not matter where someone lives; if a woman or a man has been raped, they deserve to have that support. I am grateful for the question.