Major change to assist rape victims problem ‘intrusive requests’ from police
Rape victims will have access to specialist legal advice so they can challenge unnecessary police or court requests for counselling records or private text messages
Advisers will help victims understand their rights and challenge unnecessary requests for personal information (Image: Manchester Evening News)
Rape victims will have access to specialist legal advice so they can challenge unnecessary police or court requests for counselling records or private text messages.
Deputy PM David Lammy will today unveil a new national Independent Legal Advisor (ILA) service to aid victims through the justice process.
Advisers will help victims understand their rights and challenge unnecessary requests for personal information such as counselling records, medical history or mobile phone data. The service, which will be backed by initial funding of £6million over two years, is expected to be up and running before the end of the year.
Alongside this, ministers have commissioned academic Professor Katrin Hohl to examine where courtroom practice still places disproportionate scrutiny on victims – and to recommend improvements to the system.
READ MORE: Over 30 female MPs give verdict on Lammy court plan – ‘cannot come soon enough’
The plans build on other work under Operation Soteria – launched in 2021 – that forces police and prosecutors to focus on a suspect’s behaviour instead of a victim’s.
Mr Lammy – who is also the Justice Secretary – said: “For too long victims of rape have faced not only the trauma of the crime but the trauma of a justice process that can feel like it is judging them instead of pursuing the perpetrator.
“Alongside our reforms of the Courts system through the Courts and Tribunals Bill, we are rebalancing the system to put victims first.”
MPs will today debate the Government’s controversial courts bill in the Commons. Under the legislation, only the most serious cases will be heard by a jury. Mr Lammy is bracing for a backlash over the plans from some Labour MPs, who are fiercely against the proposal.
But more than 30 female MPs have urged the Justice Secretary not to back down as they say radical changes are needed to tackle “agonising” waiting lists in the courts. Around 80,000 cases are waiting to be heard on the record Crown Courts backlog. Cases in some parts of the country are being listed for trial as late as 2030, leaving victims waiting years for justice.
Siobhan Blake, national lead for rape and serious sexual offences at the Crown Prosecution Service, said: “No victim should ever feel as though they are the ones on trial. In 2023, following Operation Soteria, we overhauled how we prosecute rape cases – working closely with police from the beginning to make sure investigations focus on a suspect’s actions rather than scrutinising victims.
“Our specialist prosecutors are trained in how to dismantle harmful assumptions and misconceptions about how a victim ‘should’ behave and challenge these head-on in the courtroom.”
Victims’ Commissioner for England and Wales Claire Waxman said: “I have always been clear: any reform of our courts must be matched by concerted action to tackle the poor treatment victims experience. That is why I welcome the introduction of a national Independent Legal Advisor service.
“The Independent Legal Advisor service is crucial to challenge overly intrusive requests for personal material and ensure these requests are necessary and proportionate. It is promising to finally see this commitment being delivered.
“We must stop asking the impossible of victims and start delivering a system in which they can place their trust – one that works well in practice, not just in theory. My hope is we can begin that work today.”
