7. Plaid Cymru Debate: Rape and Sexual Abuse

Part of the debate – in the Senedd at 6:18 pm on 15 January 2020.

Alert me about debates like this

Photo of Joyce Watson Joyce Watson Labour 6:18, 15 January 2020

I want to thank Plaid Cymru for putting this debate forward, and particularly Leanne Wood, because it's hugely important and it's pleasing to hear that it's being supported, in the main, across the Chamber. Because it is clear that the system isn't working in the way that it ought to be for the victims.

I notice that Darren Millar's amendment asks us to note that the UK Government finds the widening gap between reports of rape and prosecutions deeply concerning and they're committed to restoring confidence in the justice system. I would suggest to the Tories that the first way that they could perhaps restore some of that equality within the justice system would be to restore some of the finances that have been taken out of the system that denies women or any victim legal aid, that denies people access to solicitors, and that also denies people access to the court system because they've closed down. I think that would be a very good place to start, rather than just expressing some words, because they won't change anything at all. In my own region, more than half the courts have closed down since 2012 and the legal aid cuts have created advice deserts. So, people not only can't access justice, they can't even access the information they need to seek that justice. So, we've got some fairly critical things going on there.

But one of the areas that I do want to focus on is the digital processing notices that have been rolled across England and Wales, which require sexual assault complainants to sign consent forms effectively allowing police to download and rifle through their mobile phones and all their other electronic devices. I would like anybody here to just consider for a moment how much of your personal life is stored on your phone. I think it's a massively invasive digital strip search, and I think that, whilst it has been just suggested that that could be used in cases, just because—. There was a case where they used that and somebody was found innocent of the crime. Like all things, there's been a knee-jerk reaction now and women—it is mostly women; we know that—now won't even go beyond their complaint status, because they refuse absolutely to give over their mobile phones and any other electronic devices. So, the number of false allegations, whilst I accept they are deeply damaging for those individuals, are just over 0.5 per cent of all allegations, and yet the complainants are increasingly being told that, if they don't comply with that data request, the police will drop that case. I think that that is absolutely outrageous.

The other thing that I want to move on and talk about is the Children's Society report that when children go missing, whether from home or from care, there should be a debriefing available to those children to seek and find out some answers as to what has happened when they've gone missing and perhaps to get underneath what has happened to them in the meantime.

But I think the biggest change that has to happen is the cultural change—the language that is used when you're reporting a rape case, the language that is used in the court room. And we've seen some really bad cases of that, where the woman or the victim is actually made out to be an individual who has asked to be raped. I don't know of any person anywhere who has asked to be raped. It isn't the case, because you wear a short skirt or a tight-fitting dress or high heels, that you've asked to be raped. I've yet to come across that person.

I equally believe that we need to think about the culture from within, and I absolutely agree with what Leanne has said about Alun Cairns, but I think we need to think about it here too. I do think that sexual abuse is now moving into individuals' homes through their computers, through devices, and I do think that when we have sexualised images of work colleagues put on there and put out there for the world to see, and we have a standards commissioner who says that is okay—. I would argue that it is definitely not okay, and it isn't okay, either, that it is the person who has been abused who has to take that case against and query it, but gets no information at all about how that is proceeding, but everybody knows that the perpetrator was kept fully informed. I think we need to look at our own systems as well, and imaging is important.