Rape victims 'will be put off going to police' over mobile phone plans

Kate Proctor30 April 2019

Rape victims could be put off from going to the police if they are forced to hand over their mobile phones to the courts, a senior Tory warned today.

A number of high profile female politicians raised concerns today about plans unveiled by The National Police Chiefs’ Council (NPCC) and the Crown Prosecution Service (CPS) that would allow a victim’s phone messages to be disclosed. Those who refuse to hand over their private data will be warned that their case may not be pursued.

Director of Public Prosecutions Max Hill said mobile phones would only be looked at where it forms a “reasonable line of enquiry” under strict guidelines, and only relevant material would be passed to the court.

However former minister and chair of the Women and Equalities Select Committee, Maria Miller, fears progress made in rape victims coming forward to the police could be reversed.

Maria Miller, Conservative MP and Chair of the Women and Equalities Select Committee
Alan Davidson/Silverhub/REX

The Conservative MP said: “Real progress has been made by the police and specialist support organisations to support rape victims to come forward. An important part of this has been a shift away from victims feeling as if they have to prove their innocence. The prospect of giving police material not relevant to their case could undermine that work.”

Shadow Women and Equalities Minister Dawn Butler said: “This news is shameful and yet another example of the government failing to put victims first. With rape convictions at their lowest level in a decade, these new forms will do nothing to encourage more victims to come forward.”

Women’s rights campaigner and Labour MP Jess Phillips said: “It should be a choice. It is a backwards step because already prosecution is so low.

“In reality a woman could have sent all sorts of messages but consent is not implied or proven by her interactions with her rapist or anyone else.”

The new rules on the disclosure of mobile phone messages are being legally challenged by two rape victims, as well as the Centre for Women’s Justice, who have described it as an “excessive disclosure request”.

The fresh guidance came after a number of rape cases collapsed last year after the last minute disclosure of text messages between the victim and accused.

There is currently a gap in the law that means police cannot force complainants to hand over their phones, tablets, smart watches or laptops.

A spokesman for the CPS said: “Mobile telephones should not be examined as a matter of course and we have made that very clear in our guidance to police and to prosecutors.

“However, in circumstances when it is necessary – both for gathering evidence and meeting our disclosure obligations – we hope the clearer information we have provided will help complainants give free, specific and informed consent.”

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