RAPE (ANONYMITY OF VICTIMS) (Hansard, 10 June 1975)

§ Mr. F. P. Crowder (Ruislip Northwood)

I beg to move, That leave be given to bring in a Bill to provide anonymity for victims of illegal rape in criminal cases except by direction of the court. I think that I should in fairness remind the House that the measure is not inappropriate, since this is for the second time of asking. I last raised this matter on 30th July 1974, when the House was good enough to let it go through unopposed.

I draw the attention of hon. Members to the last six words of the motion, which read, except by direction of the court. We all know that from time to time there are in cases of rape instances where it would be of assistance to the defence for the name and address of the alleged victim to be published. Hell hath no fury like a woman scorned. There are women who, out of sheer spite and venom, will, quite unjustly and wrongfully, accuse persons of having raped them. Sometimes they make a habit of it. Therefore it is important that in such instances application should be made to the court by counsel for the defence and it should be in the discretion of the learned judge whether the name and address of the offending female should be published.

I believe that all hon. Members will agree that this is not a controversial political measure. But it is a matter of some importance. During the past two General Elections we have heard a great deal, especially from members of my party, about law and order and the majesty of British justice, but precious little seems to have been done about it by members of either side of the House. This matter is very much in the public eye at the moment. I raised the matter in the House of Commons in July 1974, but no steps seem to have been taken since then.

There is one redeeming feature. To my certain knowledge one or two of Her Majesty's judges have invoked this measure, which perhaps they had no right to do, as if it were law. However, in my respectful submission, it should be law.

242 There is one statistic which we do not know—I refer to the number of victims of rape—because the females concerned do not wish to face the appalling publicity, not only in the national Press but in their local neighbourhood and local newspapers, and refuse to come forward and give statements to the police. I say that for this reason. I do not think that all hon. Members appreciate what that involves. In such a serious matter it means that the unfortunate lady has to go to the police station and experience a long period of interrogation. Some weeks later she must attend the magistrates' court. If Section 1 of the recent Act is not invoked she must give evidence. She will probably have to spend half the day waiting at court in some trepidation. She will face cross-examination. She must then wait three or four months before the case comes before the Crown court. She may then find that she must wait for a day or a day and a half and then be subjected to the glare of publicity. Inevitably the defence will be one of consent.

There was a recent case in East Anglia, curiously enough, in which a lady who had a professional career on the stage found herself in that situation. The defendant was a police officer. The lady involved was subjected to what I have described as the defence of consent. I make no mention of the present case which is in the public eye, because it is sub judice.

All hon. Members know that the onus of proof is upon the Crown. That means that before a jury can convict it must be sure to the point of certainty. If there be real hesitation or doubt in its mind, such doubt, by the law of England, must be resolved in favour of the person being tried. If in such circumstances the defence of consent is put forward, and if it succeeds on the basis that a doubt is left in the mind of the jury, that unfortunate lady will be pointed out for ever after. There will be nods and discreet winks and pointing fingers, although it may well be that she has told the court the truth.

I cannot see that, provided the courts have discretion to put in the name and address of the lady if asked to do so by the defence, anything will be lost by retaining the anonymity of the alleged victim in a case of rape. Accordingly, I 243 ask the House to support this measure without a vote.