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Why might rape victims refuse to give their phones to police? Why might rape victims refuse to give their phones to police?
(1 day later)
Will people be deterred from reporting rapes in future?Will people be deterred from reporting rapes in future?
What was intended as a public discussion to reassure victims about how evidence on their mobile phones might be used in investigations has inadvertently triggered suspicions about police access to personal digital records.What was intended as a public discussion to reassure victims about how evidence on their mobile phones might be used in investigations has inadvertently triggered suspicions about police access to personal digital records.
National consent forms, brought in to develop a common approach across all forces, are not solely for sexual assault cases but used in any investigation where digital devices may be examined.National consent forms, brought in to develop a common approach across all forces, are not solely for sexual assault cases but used in any investigation where digital devices may be examined.
The new emphasis on disclosing evidence, after the collapse of a series of rape trials, appears to have resulted in victims facing demands for “relevant material” earlier than in previous investigations.The new emphasis on disclosing evidence, after the collapse of a series of rape trials, appears to have resulted in victims facing demands for “relevant material” earlier than in previous investigations.
Would you want to hand over your phone to detectives?Would you want to hand over your phone to detectives?
The ubiquity of mobiles and the way in which our private – and often intimate – lives create years of digital records has meant even routine criminal investigations can potentially involve vast quantities of data.The ubiquity of mobiles and the way in which our private – and often intimate – lives create years of digital records has meant even routine criminal investigations can potentially involve vast quantities of data.
To gain access to “relevant material”, police may have to download the contents of a mobile so they can work out what relates to the complaint that has been made.To gain access to “relevant material”, police may have to download the contents of a mobile so they can work out what relates to the complaint that has been made.
My sexual assault case was dropped when I refused to give police my phone | AnonymousMy sexual assault case was dropped when I refused to give police my phone | Anonymous
Handing over such details requires trust in the criminal justice system. Victims’ groups, however, fear explicit warnings on police forms that evidence of any “separate criminal offence” might also be investigated by officers is likely to deter complainants from coming forward rather than reassuring them.Handing over such details requires trust in the criminal justice system. Victims’ groups, however, fear explicit warnings on police forms that evidence of any “separate criminal offence” might also be investigated by officers is likely to deter complainants from coming forward rather than reassuring them.
Does it mean more personal details will be revealed?Does it mean more personal details will be revealed?
The “digital kiosks” used by police extract more data than is required. Prosecutors insist that does not mean it should all be examined.The “digital kiosks” used by police extract more data than is required. Prosecutors insist that does not mean it should all be examined.
The director of public prosecutions, Max Hill QC, emphasised there had been no policy change and that legal safeguards restricting use of private information would be upheld.The director of public prosecutions, Max Hill QC, emphasised there had been no policy change and that legal safeguards restricting use of private information would be upheld.
Section 41 of the Youth Justice and Criminal Evidence Act 1999, for example, places limits on the admissibility of questions at court relating to a complainant’s sexual history, including material gathered from digital devices.Section 41 of the Youth Justice and Criminal Evidence Act 1999, for example, places limits on the admissibility of questions at court relating to a complainant’s sexual history, including material gathered from digital devices.
In a court of appeal judgment last November, Hill explained that seizing a complainant’s phone was not automatically a reasonable line of inquiry in every case.In a court of appeal judgment last November, Hill explained that seizing a complainant’s phone was not automatically a reasonable line of inquiry in every case.
In practice, disputes about what information and material can be divulged in a public courtroom, or to the defence, are likely to be resolved – as they are now – during pre-trial hearings between lawyers.In practice, disputes about what information and material can be divulged in a public courtroom, or to the defence, are likely to be resolved – as they are now – during pre-trial hearings between lawyers.
Do the new police forms shift the balance of investigation from suspect to defendant? Do the new police forms shift the balance of investigation from suspect to complainant?
Critics warn that by focusing attention on what will be asked of the complainant, an impression has been created that victims are under investigation rather than suspects.Critics warn that by focusing attention on what will be asked of the complainant, an impression has been created that victims are under investigation rather than suspects.
Because of the under-reporting of rape, there have been repeated calls for victims to be more readily believed. There is a fear now that the impact of the disclosure crisis will result in the pendulum swinging back sharply to a far more sceptical assessment of complainants.Because of the under-reporting of rape, there have been repeated calls for victims to be more readily believed. There is a fear now that the impact of the disclosure crisis will result in the pendulum swinging back sharply to a far more sceptical assessment of complainants.
Nazir Afzal, a former Crown Prosection Service chief prosecutor who specialises in the law around violence against women, said: “This new requirement creates the perception that it’s the victim who should be investigated rather than the suspect. We need to be reassured that suspects will be subjected to the same levels of investigation.”Nazir Afzal, a former Crown Prosection Service chief prosecutor who specialises in the law around violence against women, said: “This new requirement creates the perception that it’s the victim who should be investigated rather than the suspect. We need to be reassured that suspects will be subjected to the same levels of investigation.”
Katie Russell, the spokesperson for Rape Crisis England and Wales, questioned the relevance of much of the material documenting personal relationships likely to be found on mobile phones.Katie Russell, the spokesperson for Rape Crisis England and Wales, questioned the relevance of much of the material documenting personal relationships likely to be found on mobile phones.
Since the law requires freely given consent as the pivotal concept, she said, “even if someone has expressed desire [for a suspect in the past] it comes down to whether consent was given for a specific act. Consent can be given or taken back at any time.”Since the law requires freely given consent as the pivotal concept, she said, “even if someone has expressed desire [for a suspect in the past] it comes down to whether consent was given for a specific act. Consent can be given or taken back at any time.”
Will police and lawyers be overwhelmed by the volume of material?Will police and lawyers be overwhelmed by the volume of material?
The flow of so much digital content into the criminal justice system is placing severe strains on police, prosecutors and defence lawyers.The flow of so much digital content into the criminal justice system is placing severe strains on police, prosecutors and defence lawyers.
Evidence that was never previously available is surfacing in vast volumes in many cases. Police forces are trialling a number of artificial intelligence systems to help them manage the evidence.Evidence that was never previously available is surfacing in vast volumes in many cases. Police forces are trialling a number of artificial intelligence systems to help them manage the evidence.
Defence lawyers complain that they are often not paid for reading large quantities of digital evidence deemed “unused” but which might contain helpful detail for their clients.Defence lawyers complain that they are often not paid for reading large quantities of digital evidence deemed “unused” but which might contain helpful detail for their clients.
Chris Henley QC, the chair of the Criminal Bar Association, said: “There is a serious crisis in relation to the whole criminal justice system caused by chronic underfunding, which is exemplified in sex offence cases.Chris Henley QC, the chair of the Criminal Bar Association, said: “There is a serious crisis in relation to the whole criminal justice system caused by chronic underfunding, which is exemplified in sex offence cases.
“The problem with the blanket ‘digital extraction consent’ form is that risks undermining complainants’ faith in the system from the outset and is almost never necessary.“The problem with the blanket ‘digital extraction consent’ form is that risks undermining complainants’ faith in the system from the outset and is almost never necessary.
“There will of course be cases where there is relevant and extensive contact between the people involved which can be retrieved from the phones and needs to be preserved at an early stage. The lazy thing to do is to have a blanket form, rather than examine each case on its particular merits. And the reaction to this is very unsurprising.”“There will of course be cases where there is relevant and extensive contact between the people involved which can be retrieved from the phones and needs to be preserved at an early stage. The lazy thing to do is to have a blanket form, rather than examine each case on its particular merits. And the reaction to this is very unsurprising.”
• This article was amended on 30 April 2019. A sub-heading in an earlier version referred to “defendant” when “complainant” was meant.
Rape and sexual assaultRape and sexual assault
PolicePolice
Mobile phonesMobile phones
Data protectionData protection
TelecomsTelecoms
UK criminal justiceUK criminal justice
explainersexplainers
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