Clause 2 - Anonymity of defendant in rape etc. cases
Sexual Offences Bill [Lords]
6:00 pm
Mr Dominic Grieve (Beaconsfield, Conservative)
I agree with the hon. Lady; her analysis is correct. At one time, the rape of a person by a stranger in a lane would have been regarded as a terrible, abhorrent crime. I accept that in a previous time, when people's views of sexual mores were stricter and sex outside marriage was often regarded as something to be frowned on, a stigma was attached to a complainant. Of course, allegations of rape within marriage could not be made, because it was not possible to do so.
The hon. Lady is right, but a revolution has taken place. One has only to consider public attitudes. I am confident that juries regard non-consensual sexual intercourse as a serious issue. I do not take the view that they would say, ''Oh well, that is the prerogative of young people. If they had all been drinking, it is six of one and half a dozen of the other.'' I genuinely believe, from everything that I have seen, that such matters are treated seriously. It is precisely because they are treated seriously that juries think long and hard about convicting, as my hon. Friend the Member for Woking said. The consequences are so draconian that juries follow the judge's directions to the letter. If they are not satisfied and they are unsure, they acquit, and if they are satisfied, they convict. In those circumstances, they expect heavy sentences to be meted out on those who have transgressed. I am confident that that is the current public climate, which is why I said what I did a moment ago. I was interested in the hon. Lady's response. Juries are always told that they must ignore all the surrounding publicity; they are told, ''Members of the jury, you must not be swayed by emotions, or by what you have seen in the newspapers. Please focus on the evidence.'' Oddly enough, surrounding publicity can be as adverse to the interests of justice in getting convictions as it is in getting acquittals. That is an argument in favour of anonymity that we might wish to consider.
I want to bring my remarks to a close and explain what I wish to do. There are two separate issues. The Minister and the Home Secretary have cottoned on to the argument building up in the national press, which has involved exchanges of e-mails between the hon. and learned Member for Redcar and I. They have come out with an apparently sensible line, saying that they do not think that they can do something about anonymity in rape cases and do not want to single out such cases. However, they acknowledge that publicity
surrounds the investigation of offences and want to come up with a blanket policy covering all offences to protect people at least up to charge. That is a good idea, although I am bound to say that I suspect that a voluntary agreement will not work. It will not work, because unless it is on the statute book and ready to be used as a blunt instrument to clobber the press, they will never stick to a voluntary agreement. It is not realistic simply to rely on the police not spilling the beans. They have been spilling the beans on that for a long time and that habit is institutionalised.
Notwithstanding the fact that I accept what the Minister said about confining anonymity to rape cases until charge, I still think that that is something worth voting on. It is something on which the Committee should have the opportunity to express a view. I want to press amendment No. 24, which deals with anonymity until charge, to a vote.
On the wider issue of anonymity in rape cases, there are arguments both ways, but I am mindful of the fact that the Minister will, in any event, have her way on the deletion of the clause. I accept that the clause is not satisfactory, and I have not tabled an amendment that I would regard as sufficiently satisfactory to replace it. I will not stand in the Minister's way on that, although I will not support her either. I will, however, go away before Report and see if there is anything else that we can come up with that might widen the scope generically on anonymity through the child process in relation to all sex offences, but I accept that it is a difficult issue. I would want to consult others before I did so.
I hope that by the time we come to Report, the Home Secretary, who seems to have picked up the public mood of disquiet on the issue perfectly accurately, will be able to come forward with some cogent proposals that might mean that we can have general agreement. I accept that we have used the vehicle of the Bill to raise some wider concerns. There is no harm in that: that is what Standing Committees can be all about. I am grateful for the opportunity to raise those concerns. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: No. 24, in
clause 2, page 1, line 17, leave out from 'enjoy' to end of line 18 and insert
'a right to anonymity until charged.'.—[Mr. Grieve.
]
Question put, That the amendment be made:—
The Committee divided: Ayes 6, Noes 10.