Storm over plan for rape victims to pre-record court evidence
‘Tipping the scales of justice’
RAPE victims will no longer have to face cross-examination in court, the Justice Secretary said yesterday.
Instead they will be able to record answers to defence lawyers’ questions in advance, under changes to go before MPs today.
Liz Truss said that the new rules would ‘make sure victims of these abhorrent crimes are protected and able to provide their best possible evidence’.
The changes for victims of serious sexual offences have been put in place following tests during child-sex trials in three courts.
But men’s groups said sheltering alleged victims from questioning in court threatens justice by depriving juries of the right to assess their evidence properly.
Miss Truss also promised to bring into action a law to criminalise grooming children. The sexual communication with a child offence will mean those who try to influence children without going as far as assault still face up to two years’ jail.
The move to shelter rape complainants from stressful and sometimes brutal courtroom questioning follows years of protests about the ordeals of victims.
Campaigners have highlighted cases in which sex-crime victims have killed themselves after crossexamination or before a trial.
Miss Truss said: ‘Attitudes to sex crimes and victims have changed beyond all recognition in our lifetime, and rape prosecutions are now at record levels.
‘With more victims now finding the confidence to come forward, I am determined to make their path to justice swifter and less traumatic. This will not reduce the right to a fair trial.’
The rules – to be introduced in September – will go before MPs in the Prisons And Courts Bill, which Miss Truss said was ‘the most major change in the courts since the Victorian era’.
recorded evidence was tested in Liverpool, Leeds eds and Kingston upon Thamess crown courts, with children and disableddi bl d adults questioned on tape.
The Justice Secretary said there had been no significant change to the conviction rate at these courts, but accused men had been more likely to plead guilty. The result, she said, was faster and cheaper justice, better quality evidence and victims spared trauma.
The changes, which had been scheduled to be brought in next year, will add to protections for sex- crime victims that allow judges to rule some questions, for example those on previous sexual history, are inadmissible.
Under the new system, these questions could be edited out of the recording that was presented to the jury.
The new system will also prevent men accused of domestic violence from questioning their accusers in family court disputes – a move requested by judges.
Almost a fifth of incidents considered by the Crown Prosecution Service centre on sexual charges.
But campaigners say only about one in 20 rape reports ends in conviction. recorded evidence provoked protest from groups rep- resenting falsely accused victims. Brian hitchcock, of Men’s Aid, said: ‘If [jurors] can’t see the facial expression or the demeanour of someone in the witness box, how can a jury assess the evidence?’
And James Conte, of the accused. me.uk website, which supports falsely accused men, said: ‘If you are an innocent man who finds himself in front of a jury, you will think it unfair that your accuser is being shielded from giving evidence before the jury. This is tipping the scales of justice.’
rape Crisis england And Wales said any measure that reduced trauma for victims and survivors was positive.