Rape Victims: Disclosure of Evidence Debate

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Department: Home Office

Rape Victims: Disclosure of Evidence

David Hanson Excerpts
Monday 29th April 2019

(4 years, 12 months ago)

Commons Chamber
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Nick Hurd Portrait Mr Hurd
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I congratulate the hon. Lady on her success in the marathon, and on fundraising for a very valuable charity. She is right that the volume of rape prosecutions has fallen. I have spoken to that; it is a concern for us. However, I ask her to respect the point that I am trying to make, which is that the police are already in the business of asking people for their mobile phones, because we all understand that there are things on mobile phones these days that could be incredibly important and relevant to their investigations. This process happens already, and it is because of the recognition of the difficulty around it that the police are trying to improve the system across the country through this national form. Now, it may be a good form or a bad form, and the police are open to improving it if it can be improved, but that is the motivation. I would guard against Members trying to tie this matter in with other issues, however important.

David Hanson Portrait David Hanson (Delyn) (Lab)
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Will the Minister define what he regards as “reasonable”? The point has already been made clearly that there may be many areas of a victim’s life that it is not reasonable for the victim to disclose to the accused, the police or the investigating authorities. I want to know exactly what rights the victim has to refuse to give information, and what impact that would have on any potential case.

Nick Hurd Portrait Mr Hurd
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The right hon. Gentleman, with his experience as a Minister, knows that what represents a reasonable line of inquiry is an investigative matter for the police, and that although the prosecution will do what they can to assist in identifying potential further inquiries, those suggestions will not be taken by the police as definitive or exhaustive. The right hon. Gentleman talks about compulsion; he will know that we are talking about a form that asks for consent. Consent is not, by definition, compulsory.