Rape victims fear being ‘put on trial’ by phone history

RAPE victims are dropping allegations over fears defence lawyers will use personal information on their phones against them, the solicitor who took on John Worboys has warned.

Harriet Wistrich, who successfully represented two rape victims in a landmark judicial review of the Parole Board’s decision to release “black cab” rapist John Worboys, said that in some areas police are demanding “almost unlimited” access to the phones of victims and other data before pressing ahead.

She said: “There is evidence that there’s a real problem with rape victims, including teenagers, being told to hand over their phones.

“We are hearing that women are refusing to do this as they fear police go right back through all their messages and data, practically to birth.”

Ms Wistrich said there was a real concern over police use of documents known as “Stafford” statements, which are made available to prosecutors and defence lawyers. “The use of Stafford statements is effectively putting the victims on trial,” she said.

The Sunday Telegraph has been told of around a dozen incidents where cases have collapsed after rape victims have declined to agree to Stafford statements, fearing that defence lawyers will be able to use the data unfairly.

“Previous sexual history is not supposed to be relevant,” said Ms Wistrich.

The CPS charged 849 fewer defendants in 2017-18 than the previous year, a fall of 21.1 per cent, according to figures from the Violence Against Women and Girls report.

Campaigners say demand from the CPS for full disclosure of data is allowing defence lawyers to seek out “digital short skirts” to discredit victims.