Rape victims must hand over phones: police

LONDON: Rape victims are being told they must hand over their mobile phones to police or risk prosecutions against their attackers not going ahead.Consent forms, which ask permission to access messages, photographs, emails and social media accounts, have been rolled out across the 43 forces in England and Wales.The move is part of the response to the disclosure scandal, which rocked confidence in the criminal justice system when a string of rape and serious sexual assault cases collapsed after crucial evidence emerged at the last minute.Police and prosecutors say the forms are an attempt to plug a gap in the law, which cannot force complainants or witnesses to disclose their phones, laptops, tablets and smart watches.Director of Public Prosecutions Max Hill said digital devices will only be looked at when they form a “reasonable line of inquiry” and only “relevant” material will go before a court if it meets “hard and fast” rules.“If there’s material on a device, let’s say a mobile phone, which forms a reasonable line of inquiry, but doesn’t undermine the prosecution case and doesn’t support any known defence case, then it won’t be disclosed,” he said.But privacy campaign group Big Brother Watch has dubbed the measures “digital strip searches” and said “treating rape victims like suspects” could deter people from reporting crimes.Northumbria Police and Crime Commissioner Dame Vera Baird said the forms are just part of the problem as police and prosecutors look to harvest third-party material, such as school records and medical notes.“The police are really saying ‘If you don’t let us do this, the CPS won’t prosecute’,” she said. “It is a real concern that people will be put off making a complaint in the first place if it’s widely thought they are going to have to hand over lots of personal data - everyone lives on their phones, particularly teenagers.”Prime Minister Theresa May’s spokesman told a Westminster briefing the issue was complex. He said: “We want victims to have the confidence to come forward and report crimes knowing that they will get the support they need and that everything will be done to bring offenders to justice.“Clearly, this is a complex area and, while disclosure is an important component of the criminal justice system, to ensure a fair trial, the police have acknowledged that the use of personal data in criminal investigations is a source of anxiety and that they understand the need to balance a respect for privacy with the need to pursue all reasonable lines of inquiry.“The police and the CPS will work with victims and the Information Commissioner’s Office to ensure that the right approach is being taken.“Each police force will also conduct its own impact assessment of the forms as they are rolled out.”In the lead-up to trials, police and prosecutors are required to hand over relevant material that can undermine the prosecution case or assist the defence.The regime came under sharp focus from the end of 2017 after a string of defendants, including student Liam Allan, then 22, had charges of rape and serious sexual assault against them dropped when critical material emerged as they went on trial.The CPS launched a review of every live rape and serious sexual assault prosecution in England and Wales and, along with police, has implemented an improvement plan to try to fix failings in the system.Some 93,000 officers have undertaken training, while police hope artificial intelligence technology can help trawl through the massive amounts of data stored on phones and other devices.

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