Police reconsider move to seize rape victims’ phones
POLICE chiefs and prosecutors have signalled a climbdown in the row over accessing data from rape victims’ phones, inviting campaigners to help them re-draft the controversial consent forms.
Earlier this week it emerged that victims in sexual offence cases were being asked to sign documents allowing the police access to data including social media messages and photographs. They were warned that if they refused to allow investigators to access the material, the prosecution might not be pursued.
The forms are already being used by forces across England and Wales, despite the fact the Information Commissioner’s Office is currently conducting an investigation into the process and is due to publish its recommendations later this month.
Campaigners reacted with fury at the move, arguing it would put victims off coming forward for fear of having their private lives and previous sexual history pored over and potentially disclosed to their assailant’s defence team.
Claire Waxman, the Victims’ Commissioner for London, said the forms had been developed “without any consideration to victims’ needs and rights to privacy”.
Now, in a bid to defuse the row, the National Police Chiefs’ Council (NPCC) and the Crown Prosecution Service (CPS) have invited concerned groups to discuss the best way forward.
They insisted the aim of the forms was to strike a balance between respecting a victim’s right to privacy and ensuring they meet their obligations on disclosure.
In a joint letter to a number of concerned organisations, the NPCC and CPS said they wanted to work with the groups to get the system right.
The letter was sent by temporary Dept Chief Constable Jeremy Burton, the NPCC lead for disclosure; Dave Tucker, the College of Policing lead for crime and criminal justice; and CPS directors of legal services Sue Hemming and Gregor Mcgill.
Among the groups invited to take part in future discussions were the End Violence Against Women Coalition, the Centre for Women’s Justice, Big Brother Watch, the Survivors Trust and Rape Crisis.
The letter said: “It is clearly wrong that victims should ever feel discouraged from reporting offences or seeking access to support services.
“We believe such an approach is necessary and proportionate, but we recognise your concerns and take them seriously.”
The new consent forms were introduced as part of measures brought in to address problems around disclosure.
A series of trials collapsed after it emerged vital evidence that undermined the prosecution case had not been shared with the defence.