This final blog will consider recent proposed changes to the Criminal Justice System and the impact this can have on both complainants and defendants. Solutions will be offered which may alleviate the burden on both parties, and may encourage others to come forward for help and support.
Although the Criminal Justice System has improved and is looking at more ways to improve the manner in which it deals with victims, there are still concerns over how information or evidence is gathered, and the impact this can have on the victims. Recent development in England and Wales regarding the use of a victim’s mobile phone data being used by the police in order to pursue a rape allegation are coming under question. Complainants will now be asked to sign consent forms allowing access to information such as e-mails, text messages and social media accounts. They are warned that if they do not comply it is unlikely any prosecution will continue (bbc.co.uk, 2019).
Concerns over this have been raised by Rachel Krys, co-director of the End Violence Against Women coalition. She feels that there is too much emphasis on a woman’s character and sexual history which is reinforcing prejudices and barriers towards women being treated fairly. She feels that there is no reason why a woman’s privacy should be invaded as a matter of routine. Griff Ferris, legal and policy officer of Big Brother Watch also raises concerns and feels this will set an alarming precedent for the Criminal Justice Service. In effect, people are being asked to choose between privacy and justice. It could also lead to delays in the investigation and undue distress for the victim which, in turn, could lead to a reluctance to report a rape and a rise in the dark figure (Bowcott, 2019).
These new measures have come about after a number of rape and sexual assault cases collapsed due to undisclosed evidence. One such example is that to Liam Allan who was accused of rape. It emerged that numerous messages were found on the complainant’s phone stating how much she loved him and included references to rape fantasies. The charges against Allan were eventually dropped but this had a devastating effect on his life (bbc.co.uk, 2019).
Victim Support are concerned about this and feel the woman is actually being victimised all over again by delving into her personal and private details. Rape is already under-reported and this may deter many others from coming forward to report this (Selby, 2019).
It is important to remember that those accused of an offence also need to be protected. Until they are actually convicted of a crime, they are presumed innocent. By focusing too much on the victim it may be harmful to the accused. Sometimes false accusations occur which also need to be addressed, which makes the accused the real victim. Even after being found not guilty, people’s lives can be adversely affected as they are labelled in certain ways.
There are arguments that the police are being too heavy handed in these new procedures and this is just a knee jerk reaction to cases such as Liam Allan. Some refer to these phone seizures as “digital strip-searches”. Complainants do understand the need to disclose any communication between themselves and the defendant but do not feel that their personal life and past history is relevant. (Coleman, 2019).
It appears that rape victims are being treated as suspects and not believed. It could be argued that Secondary Victimisation is at work here as victims have to endure a complete invasion of their private and intimate personal details in order to pursue justice. There has to be a balance between pursuing the case on behalf of the victim and protecting the rights of the defendant.
These new measures do not say how far back the authorities will look on these phones. Events that happened years ago may have little or no bearing on the current offense. More details of how this information will be used, who will see it and how far back it reaches need to be clarified before it is accepted by many. It also raises concerns that, if the victim knows the phone will be seized, personal information can be deleted before handing their phone over. Some may see that as tampering with evidence, others may see it as protecting their privacy.
While it is acknowledged that the Criminal Justice System is trying to address past mistakes and find a way to secure convictions, there needs to be more thoughts on the impact these seizures will have on victims. Many people use their lap tops and mobile phones for work and there can often be sensitive information recorded therein which could violate a third party’s privacy.
Police training is also a factor which needs to be addressed. There is a need to recognise and stop secondary victimisation. It may be that the balance is shifting too much towards the defendant and this can have an adverse effect on the complainant. If the complainant does not feel they will be believed or taken seriously, it may reduce the number of people coming forward to report a crime. By looking into the complainant’s personal life, they may feel victimised by the justice system and put on trial themselves. If further victimisation can be reduced, invisible victims may be encouraged to come forward.
This could perhaps be addressed by using a separate investigating team who can interview both parties in an unbiased way. By using a critical approach (see blog A) they can avoid stereotypes and look at the event in a more objective way. This might make both parties feel they are being listened to and not pre-judged. This can bring about other problems however. It is more expensive and can be a drain on funds, it can also significantly slow down an investigation if more levels have to go through the information.
There are also power differentials. In recent years many celebrities and people in positions of power have been accused, and convicted. However, often their offences were known about previously but nothing was done and a blind eye was turned, this allowed the abuse to continue (Wilson, 2014).
How the media presents information about offences can also make a difference. Often their reports are presented in a bias way which can sway the public opinion and, in turn, lead to more victimisation. Often people do not have all the facts of the situation. This was the case of Sir Cliff Richard who was accused of historical sex crimes. His home was raided by police, without his knowledge, and filmed live by the media. He was later acquitted of any crime but his name had been posted all over the media which tarnished his reputation. (Allen-Mills, 2017).
In conclusion, the Criminal Justice System acknowledges that mistakes have been made and is trying to find ways to combat this. It may be a case of trial and error until they find the best approach. There are obvious problems with the financial burden of implementing changes and these constraints have led to valuable resources being lost. Keeping the names of the victim and accused undisclosed until the trial is over may protect both parties from public scrutiny, however it may diminish the number of potential witnesses to the offence. It can be difficult to find the balance.
Official surveys can provide key information which is beneficial to crime agencies, however they lack information on the dark figure, unreported crimes and the concerns of the actual victims. Asking victims what they want to see changed or improved can be vital to redressing the issues of secondary victimisation and help other agencies to offer appropriate support. Overall, more research needs to be done in this area in order to alleviate the stress occurred by both complainants and defendants.
References
Allen-Mills, T., 2017. I
don’t think I can recover from false sex abuse claims, says Cliff Richard. [Online]
Available at: https://www.thetimes.co.uk/article/i-dont-think-i-can-recover-from-false-sex-abuse-claims-says-cliff-richard-rqs032wkj
[Accessed 29th April 2019].
bbc.co.uk, 2019. Rape victims among those to be
asked to hand phones to police. [Online]
Available at: https://www.bbc.co.uk/news/uk-48086244
[Accessed 29th April 2019].
Bowcott, O., 2019. Rape cases ‘could fail’ if
victims refuse to give police access to phones. [Online]
Available at: https://www.theguardian.com/society/2019/apr/29/new-police-disclosure-consent-forms-could-free-rape-suspects
[Accessed 29th April 2019].
Coleman, C., 2019. Rape victims among those to be
asked to hand phones to police. [Online]
Available at: https://www.bbc.co.uk/news/uk-48086244
[Accessed 29th April 2019].
met-police.uk, 2019. Ask For Angela. [Online]
Available at: https://www.met.police.uk/AskforAngela
[Accessed 23rd April 2019].
Selby, J., 2019. Rape Survivors Told To Hand
Phones To Police – Or Risk Cases Being Dropped. [Online]
Available at: https://rightsinfo.org/rape-survivors-told-to-hand-phones-to-police-or-risk-cases-being-dropped/
[Accessed 30th April 2019].
Wilson, C., 2014. How the rulers of Rotherham
betrayed their children. [Online]
Available at: https://www.rs21.org.uk/2014/08/26/how-the-rulers-of-rotherham-betrayed-their-children/
[Accessed 23rd April 2019].
