Rape is traumatic enough – forcing victims to hand over their phones to police only makes things worse

We must end the situation where rape victims are forced to choose between justice and their right to privacy

‘Only 1.5 per cent of recorded rapes lead to a charge and far too many complaints are withdrawn by the victim’ (Tolga Akmen/AFP via Getty Images)

The government has finally conceded one of Labour’s calls to protect victims. As the chancellor recently completed a tour of the country selling a Budget that raises taxes on working people and fails to tackle the epidemic of violence against women, members of the House of Lords were discussing new laws which would protect victims – in particular rape victims – when police take their mobile phones to gather as evidence.

The Lords were debating amendments that Labour originally tabled to the Police, Crime, Sentencing and Courts Bill earlier in the year that would place new checks on police powers to extract data from electronic devices. We have been urging the government to protect victims, particularly victims of rape and sexual abuse, from painful and often unnecessary intrusion into their lives by the mining of their phone data.

I can only imagine what it takes for someone just to take those first steps into a police station and recount what happened to them, after they have been raped or abused – not to mention the fear of potentially handing over everything on their phones.

Analysis by the victims’ commissioner showed that one in five victims withdrew their complaints at least in part because of disclosure and privacy concerns. Victims in 21 per cent of cases had concerns about digital downloads: about disclosing GP, hospital, school and employment records, and about a combination of negative press coverage from certain sections of the media.

We must end the situation where rape victims are forced to choose between justice and their right to privacy. Only 1.5 per cent of recorded rapes lead to a charge and far too many complaints are withdrawn by the victim.

In the year to March 2021, 42.8 per cent of rape offences were closed in an “evidential difficulties” category, where the victim did not support further police action against a suspect, compared to 25.6 per cent in 2015.

When I raised these concerns in Bill Committee last summer, the Minister said: “I… urge caution until the rape review is published, because there may be answers in that document”. Well, the rape review was published, and its recommendations did not address the problem. So, we tried again. My Labour colleague Lord Rosser re-tabled the amendments in the Lords – the government had a chance to think again.

They finally accepted these vital changes and tabled concession amendments. They will mean that the police officer or other authorised person must “reasonably believe” that information stored on the device is relevant to a “reasonable line of inquiry”.

The amendments will also ban police from placing “undue pressure” on a victim to make them agree to their phone being searched. And they will mean that any victim must be told in writing details of what information is being sought and why and how it will be dealt with. Crucially, this must state that refusal to provide the device or agree to the data extraction will not mean that the investigation will be brought to an end.

It should not have taken this long to act. Labour has been raising this issue in parliament for several years now with the government turning a blind eye. My colleague Nick Thomas-Symonds, our shadow home secretary, the victims’ commissioner, Dame Vera Baird, and the victims’ commissioner for London, Claire Waxman, who I worked with on the amendments, have all been pushing for this vital change.

This is a welcome change in the law, but there is more that needs to be achieved. Victims, who will often be in an extremely vulnerable state while going through the process, should be offered free, independent legal advice before they are asked to give consent to their device being accessed.

We have also outlined a package of measures that would provide sweeping reforms to sentencing and protections for women and girls in our Ending Violence Against Women and Girls green paper.

They include increasing the minimum sentences for rapists and stalkers, creating a new street harassment law and introducing a whole life tariff for anyone found guilty of abduction and sexual assault and murder of a person. The government has shamefully rejected these proposals. With my Labour colleagues, I will keep fighting for this to become law.

These crucial legal changes must drive wider culture change to how victims are treated and improve how rape cases are dealt with. They are a significant step forward for the protection of victims and I’m proud to have helped secure it – but there is still a long way to go. The government has the power to make profound change – we must keep urging them to deliver it.

Sarah Jones MP is Shadow Minister for Policing and the Fire Service