Criticism of rape evidence proposal
POLICE and prosecutors could ask alleged rapists’ lawyers for lines of inquiry into their victims that could help clear them under proposals put forward by the Attorney General.
Geoffrey Cox has suggested that prosecution and defence lawyers could engage at an earlier stage before a suspect is charged so “reasonable lines of inquiry pointing away from the suspect” could be identified and “taken into account when considering a charging decision”.
This could help prosecutors and police investigators identify search terms for data on mobile phones, computers and social media that could reveal “undermining material” enabling weak cases to be closed at an early stage.
The move – outlined at a closed conference with prosecutors this week and part of a review of rules on the disclosure of evidence – comes after a series of rape and sexual assault cases collapsed when crucial evidence emerged at the last minute.
Victims’ and women’s groups, however, said the proposed approach could lead to further “unnecessary fishing expeditions” for evidence which could undermine a victim’s credibility and deter women from pursuing rape allegations to trial.
It comes as the latest crime figures show the proportion of rape offences resulting in a charge has fallen to a low of 1.4 per cent from 8.5 per cent in 2014/15 while the number of rapes has risen by 7 per cent in a year to 59,000.
Claire Waxman, London’s Victim’s Commissioner, said: “Current disclosure practices are not just causing problems for defendants – they are also having a serious impact on victims trying to access justice.”
She cited research she commissioned which found a “staggering” 58 per cent of rape victims withdrew their allegations before trial.
“We know the easy point of attack in these cases is around the victims’ credibility,” she said. “Therefore we must ensure that any new proposals looking at improving the disclosure practice do not expose victims to unnecessary fishing expeditions into their private and sensitive material.
“There will rightly be a full consultation on the Attorney General’s proposal, and those representing the voice and views of victims must be thoroughly consulted on any change in practice or policy.”
The Attorney General’s office said any decision on what was a “reasonable line of inquiry” lay with the police
‘Those representing the voice and views of victims must be thoroughly consulted on any change’
rather than defence lawyers, while the proposal covered not just rape but all cases where there was disclosure.
Mr Cox says cases that collapse because of late evidence emerging are “fair neither to the complainant and the defendant nor to the public and they undermine confidence in the administration of criminal justice”.
A spokesman said: “Victims are at the heart of the Government’s criminal justice reforms, especially on disclosure – a priority of the Attorney General.
“The Attorney General is working with partners including the Crown Prosecution Service and the police to rebuild public confidence in the system.”