Harriet Harman – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Harriet Harman on 2016-10-18.

To ask the Secretary of State for the Home Department, whether she has made an assessment of the effect on the preparedness of complainants to report rape of the use of complainants’ previous sexual history in evidence in rape trials; and if she will make a statement.

Sarah Newton

This Government has made protecting women and girls from violence and supporting victims and survivors of sexual violence a key priority.

The most recent Crime Statistics published on 20 October by the Office for National Statistics show that police recorded rape increased by 16% (to 36,438) in the year ending July 2016 compared with the previous year. The ONS state that the increases are believed to result from an improvement in the recording of sexual offences by the police and an increased willingness of victims to come forward and report these crimes to the police. In addition, the Crown Prosecution Service annual Violence Against Women and Girls Report, published in September 2016, shows the highest volumes ever recorded of charged defendants, prosecutions and convictions for rape.

We welcome the fact that more victims of rape are coming forward and reporting these crimes to the police. Victims must have the confidence to report these crimes, knowing that they will get the support they need to go through the criminal justice process and that everything will be done to bring offenders to justice.

Section 41 of the Youth Justice and Criminal Evidence Act 1999 places a statutory restriction on introduction of evidence and questioning of complainants about their sexual history. Section 41 was introduced to protect complainants in proceedings for sexual offences, introducing a presumption that such evidence and questioning will only be allowed in exceptional circumstances.