Rape victims should not have to choose between privacy and justice – campaigners

Privacy and victims’ rights campaign groups have called for reform after police forces introduced new consent forms asking rape victims to hand over their mobile phones.

Griff Ferris, legal and policy officer at Big Brother Watch, said urgent reform is needed so victims do not “have to choose between their privacy and justice”.

“The CPS is insisting on digital strip searches of victims that are unnecessary and violate their rights,” he said.

“Police investigators are drowning in irrelevant phone and social media data about victims’ private lives that often predate the reported crime by years.

“Treating rape victims like suspects in this way delays investigations and trials, prolongs distress for both victims and suspects, deters victims from reporting and obstructs justice.”

Rachel Krys (pictured), co-director of the End Violence Against Women Coalition said the forms reinforced “prejudices and barriers” against rape victims.

She said: “We have an extremely serious problem with prosecuting rape in this country and it is a fact that most rapists get away with it. Part of the reason for this is that investigations too often focus on women’s character, honesty and sexual history, despite rules which are supposed to prevent this, instead of the actions and behaviour of the person accused.

“There is no reason for rape investigations to require such an invasion of women’s privacy as a matter of routine.

“There is a pressing public interest in prosecuting this very serious and harmful crime, and victims shouldn’t be coerced into sacrificing their privacy to get the crimes against them investigated.

“Anything which gets in the way of the system working for all of us and bringing rapists to justice must be challenged.”

Rachel Almeida, a spokeswoman for charity Victim Support, said: “It’s deeply concerning that victims of rape and sexual assault could be coerced into allowing police access to their phone and all of their personal information it contains and it’s very likely this could add to their distress.

“We know that rape and sexual assault is already highly under-reported and unfortunately this news could further deter victims from coming forward to access the justice and support they deserve.”

And Northumbria Police and Crime Commissioner Dame Vera Baird said the forms are just part of the problem as police and prosecutors look to harvest third party material, such as school records and medical notes.

She said: “We need to treat complainants in rape cases with exactly the same fairness and support that we treat complainants in any other kind of case and not single them out and require them to disclose their life history to convince the authorities they are fit for the criminal justice system.”

But the National Police Chiefs Council said the new forms provide “clear and consistent information to victims” about how devices will be examined, how data will be used and when it will be shared to the defence before they are asked for their consent.

A spokesman said: “We understand that how personal data is used can be a source of anxiety. We would never want victims to feel that they can’t report crimes because of ‘intrusion’ in their data.

“However, existing legislation doesn’t anticipate the volume of data officers are now met with; and legal advice we have received suggests that seeking consent is a way of ensuring balance.”

He added: “Mobile telephones also should not be examined as a matter of course and this is 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.

“It is important to know that each case is dealt with on a case by case basis. It is not a blanket statement saying if you don’t consent we won’t investigate, but it could undermine our ability to continue an investigation.”

Copyright (c) Press Association Ltd. 2019, All Rights Reserved. Picture (c) Rick Findler / PA Wire.