Source · Select Committees · Home Affairs Committee
Recommendation 10
10
Deferred
Consider establishing or expanding a dedicated commissioner for sexual violence and abuse with adequate powers
Recommendation
We agree with HMICFRS and HMCPSI that the Government should consider the merits of either establishing a dedicated commissioner for sexual violence and abuse or expanding the existing responsibilities and powers of one of our existing commissioners. The relevant commissioner could then oversee the provision of specialist support services for victims and survivors of sexual violence and abuse, as well as any mapping exercise. Importantly, they could also act to hold the Government and its operational partners to account in improving the response to rape and serious sexual assault. Any change must be backed by adequate resourcing and any future commissioner must have appropriate powers as well. The Domestic Abuse Commissioner’s powers, as laid out in the Domestic Abuse Act 2021, could be a good model, with the Act requiring public sector authorities to cooperate with her and to respond to relevant recommendations she puts forward. (Paragraph 77) 78 Investigation and prosecution of rape The police response to rape
Government Response Summary
The government outlined its commitment to improving mobile phone data analysis for rape investigations, including a £5 million rollout of technology and work on selective extraction, and completed a consultation on legal support for victims regarding personal information requests. It did not address the recommendation about establishing a dedicated commissioner.
Government Response
Deferred
HM Government
Deferred
The Government is determined to deliver this Rape Review commitment by the end of this Parliament. Significant work has already been undertaken, including a £5 million rollout of technology to police forces in 2021/2 that will allow them to analyse a victim’s mobile phone by appointment with the victim rather than by taking the phone into police possession. Furthermore, the Government has begun the process of collecting regular data on performance against this commitment from police forces; as part of the Annual Data Requirement a specific requirement has been launched for 2022/3 on mobile phones in adult rape investigations. However, there is more to do. In particular, we need to develop and then roll out accredited and validated selective extraction technology that allows the police to extract only the information relevant to a case from a victim’s phone, rather than undertaking bulk extractions which can feel intrusive and disproportionate. In addition, there are wider challenges: for example, it can take the police significantly longer to extract data if a phone is broken and/or data has been deleted (for example, by an abuser). The Home Office is currently doing work to understand these issues, as well as to determine the right policy response in order to meet the commitment. The Police Digital Service is currently using Home Office funding to test a range of selective extraction products in forces. The Home Office is also undertaking intensive engagement with victims’ groups to understand the needs and views of victims and police forces to understand their current deployment of technology. Recommendations 11, 12 and 13 (Page 55) [11] The Government should further pilot the Sexual Violence Complainants’ Advocate Scheme, first offered in Northumbria. This pilot should be extended to areas with differing demographic and geographic profiles. This would empower and support complainants to understand better and deal with requests to access third-party material or data from digital devices. We agree with the Criminal Bar Association that the role of any legal advisor would need to be defined in detail in a Code of Practice. (paragraph 125) [12] The Government should also consider widening any such pilot so that people would also be able to benefit from legal advice on sexual history applications. (paragraph 126) [13] If engagement with victims’ groups as promised by the Rape Review Progress Update demonstrate support and the need for independent legal advice, the Government must commit to offering legal advice to all victims of rape, subject to the success of the pilot. (paragraph 127) The Ministry of Justice has consulted on options to enhance legal support or advice for victims of rape or serious sexual assault regarding personal information requests, including police requests for mobile phone downloads and social media records. We launched the consultation in March and distributed a stakeholder survey in early May. The consultation explored current provision and options to strengthen victims’ access to legal advice or support, including the model adopted by the Northumbria Police and Crime Commissioner, as well as options to enhance rape victims’ access to legal support or advice about personal information requests. As part of the consultation, we engaged with a diverse range of stakeholders, including victims’ groups. The consultation concluded in June after a series of small stakeholder events. We are now analysing the outcome of the consultation to determine next steps and will continue to engage with victims’ groups throughout the process. CPS response to rape