Public to be barred from courts when rape victims give evidence
The public will be barred from courts when rape victims give evidence under Goverment plans to boost prosecution rates for serious sexual assaults.
Judges will be advised to consider clearing public galleries in an effort to reduce the “daunting” trauma that rape victims face when they give evidence in court.
The move was recommended by an inquiry into sexual offence trials by Lord Justice Sir John Gillen and will be part of a cross-Government review of rape to be published this Spring.
The shake-up aims to reverse the slump in rape prosecutions where half of victims drop out in face of invasive disclosure demands, a lower likelihood of securing a conviction and the prospect of reliving their traumatic experience under cross-examination in court.
It will also recommend wider use of pre-recorded statements by victims so they do not have to appear in court, a public education campaign to combat rape myths, more specialist support for victims through the process and curbs to stop police trawling previous sexual relationships.
“This is not just about being soft and cuddly. There is a real issue of people dropping out of investigations at an early stage. It is as much about being supportive as it is about improving outcomes in trials,” said a source.
The way judges operate will be one of four prongs to the shake-up including the use of powers they already have under the Youth Justice and Criminal Evidence Act 1999 to remove the public at the request of the police and prosecution.
“The judiciary is independent but are judges always doing the right thing in the way they direct juries? Does there need to be a wider public education campaign about what the myths are about these types of [sexual] offences,” said a source.
“Are judges making the best use of their powers like clearing public galleries. There is generally a feeling that that is not used enough. Should they consider using that more?”
Sir John Gillen’s review, set up after a highly-controversial rape trial, recommended clearing the public gallery except for the press, and a friend, relative or parent of the victim and of the accused.
The public would be allowed back for the verdict and sentencing.
He also recommended using a cipher or code for the victim in any court hearings to protect their identity and guaranteed anonymity after death.
Dame Vera Baird, the victims’ commissioner, said an instruction for galleries to be cleared more frequently would “send out a strong message for complainants that there is a real consideration for them and judges understand the pressures they are under when they are testifying.”
“In rape cases, the proportion withdrawing support for prosecution has almost doubled from 23 per cent in 2015 to over 44 per cent in 2020. This can’t be allowed to continue,” she said.
The Ministry of Justice (MoJ) also plans to extend nationwide a pilot at three courts - Kingston, Liverpool and Leeds - where rape victims fearful of intimidation by their attacker give pre-recorded evidence cross-examined by lawyers in the presence of the judge and screened-off defendant.
The second prong will set legal limits requiring “proportionate” disclosure when a victim’s phone is examined for evidence.
“It is where the victim feels they are being investigated more than the offender. That’s out of kilter with other offences,” said a source.
The third is for the police, Crown Prosecution Service and other agencies to work closer together at an earlier stage backed by more resources.
“There is a shortage of detectives but there is a big police recruitment campaign, some of whom will be detectives,” said the source.
The fourth prong will be improved victim support enforced in a new victims' law including independent sexual assault advisors (IVSAs) who guide and advise rape victims at every step of the way to court.
