Violence Against Women and Girls: Prosecutions and Digital Evidence

Prosecutions are up for violence against women.

Violence against women and girls covers a wide range of serious offences, including domestic abuse, rape, sexual assault, stalking, harassment, forced marriage, female genital mutilation and so-called honour-based abuse.

The Crown Prosecution Service treats these offences as a major priority. Although women and girls are disproportionately affected, the criminal law and prosecution guidance apply to victims and suspects of every sex, gender identity and sexual orientation.

Are More Cases Being Prosecuted?

CPS figures show continuing increases in referrals and charges across several categories of violence against women and girls. However, the figures can vary significantly depending on the offence, reporting period and stage of the criminal justice process.

It is important to distinguish between:

• Crimes reported to the police
• Cases referred by the police to the CPS
• Suspects charged
• Completed prosecutions
• Convictions

An increase in recorded crime does not automatically result in an equivalent increase in prosecutions or convictions. Cases may not progress because a suspect cannot be identified, the evidence is insufficient, or the legal test for prosecution is not met.

Rape Prosecutions

Rape cases are among the most difficult and sensitive cases dealt with by the criminal justice system. Many offences take place in private; there may be no independent witnesses,s and the suspect may argue that sexual activity was consensual.

Historically, the low number of rape prosecutions and convictions compared with the number of offences reported has caused serious concern. Police and prosecutors have introduced reforms intended to improve investigations, challenge myths and stereotypes and focus more closely on the behaviour of the suspect.

Current CPS data indicates that rape referrals, charges and completed prosecutions have increased from some of the very low levels recorded in earlier years. However, delays, victim withdrawal, and the time taken to examine complex evidence remain significant problems.

What Must the CPS Consider?

The CPS can authorise a charge where the evidence provides a realistic prospect of conviction and prosecution is in the public interest.

Prosecutors must consider the evidence fairly and objectively. They must not refuse to prosecute because of assumptions about how a genuine victim should behave, whether the victim knew the suspect, or whether the victim delayed reporting the offence or continued communicating with the suspect afterwards.

The absence of an injury, witness or immediate complaint does not by itself mean that an offence did not take place.

Technology and Online Abuse

Technology can be used to facilitate many forms of abuse. Offenders may use mobile phones, social media, messaging applications, tracking devices, online accounts and smart technology to monitor, threaten or control victims.

Examples include:

• Sending repeated threatening or abusive messages
• Monitoring someone's location
• Accessing email or social-media accounts without permission
• Installing spyware or tracking applications
• Creating false accounts in the victim's name
• Publishing private information or intimate images
• Using banking or shopping applications to harass someone
• Encouraging other people to contact or threaten the victim
• Using children's devices or accounts to continue contact after separation

Online conduct may form part of offences including stalking, harassment, controlling or coercive behaviour, threats, blackmail and communications offences.

Digital Evidence

The increased use of technology can leave important evidence. Digital material may help establish what happened, identify a pattern of abuse or test an account given by a suspect or witness.

Relevant evidence may include:

• Text and instant messages
• Emails
• Social-media posts and private messages
• Call logs and voicemail
• Photographs and videos
• Location and tracking information
• Search histories
• Online account records
• Banking transactions
• Doorbell, vehicle or security-camera recordings

Communications should be considered in their full context. A selected message or screenshot may be misleading if earlier or later parts of the conversation are omitted.

Preserving Digital Evidence

A victim should avoid deleting messages or accounts that may contain relevant evidence. Screenshots can be useful, but the original messages and devices may provide additional information such as dates, times, account details and metadata.

Where it is safe to do so:

• Keep the original messages
• Take screenshots showing dates and account names
• Save voicemails and emails
• Record details of false or anonymous accounts
• Keep an incident diary
• Tell the police about tracking devices or shared accounts

No one should place themselves at further risk to obtain evidence. A specialist support service or the police can assist with safety planning and the secure preservation of material.

Victims' Privacy

The existence of potentially relevant digital evidence does not give investigators an unrestricted right to examine every aspect of avictim'ss private life.

Police and prosecutors should pursue reasonable and proportionate lines of enquiry. Any examination of a telephone, computer or online account should relate to an identifiable issue in the case and comply with legal safeguards.

Victims should be told why information is required, what material is being sought and how it will be handled. Investigators should not conduct unnecessary searches based on assumptions that a victim's private communications will undermine their allegation.

Disclosure to the Defence

The prosecution has a legal duty to disclose material that might reasonably undermine its case or assist the defence.

This does not mean that every message, photograph or private record will automatically be given to the defendant. Prosecutors must assess relevance and apply the legal disclosure test.

Sensitive personal information should be handled carefully, but relevant evidence cannot be withheld simply because it is embarrassing or private.

Evidence-Led Prosecutions

In some domestic abuse cases, a prosecution may continue even where the victim no longer feels able to support it.

This is sometimes known as an evidence-led prosecution. The case may rely on emergency call recordings, body-worn video, photographs, witness statements, medical evidence, messages, previous incidents, or admissions made by the suspect.

The decision must consider the available evidence, the victim's safety and the public interest. A victim should not be blamed for withdrawing support, as fear, financial dependence, pressure from the offender and concern for children can all affect their decision.

Support for Victims

Victims of rape, domestic abuse and other serious offences may be entitled to support under the Victims' Code.

Depending on the circumstances, this may include:

• Information about the investigation and prosecution
• Referral to specialist support services
• A Victim Personal Statement
• Special measures when giving evidence
• Protection from contact with the defendant at court
• A review of certain decisions not to prosecute

Special measures can include giving evidence from behind a screen, by live video link or through a pre-recorded interview.

If the CPS Decides Not to Prosecute

A victim may be able to request a review of a police or CPS decision not to prosecute or to stop a case.

The Victims' Right to Review procedure does not guarantee that the decision will change. Still, it provides a formal opportunity for reconsideration.

Requests should be made promptly because time limits may apply.

Improving the Criminal Justice Response

Technology presents both a challenge and an opportunity. It gives offenders new ways to intimidate, monitor and abuse victims. Still, it can also create a detailed evidential record.

Effective prosecutions require police and prosecutors to recognise patterns of behaviour, secure evidence promptly and examine digital material fairly without subjecting victims to unnecessary intrusion.

Improved guidance is important. Still, its effectiveness ultimately depends on proper training, sufficient resources and consistent implementation across police forces and prosecution areas.

Getting Legal Advice

A criminal law solicitor can advise anyone accused of an offence involving domestic abuse, sexual violence, stalking or online communications.

A family law solicitor may be able to assist a victim with protective injunctions, arrangements for children and occupation of the family home.

Anyone in immediate danger should call 999. Domestic abuse and sexual violence support services can also provide confidential advice and safety planning.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This page provides general information about the law in England and Wales and should not replace advice from a regulated solicitor, the police, the CPS or a specialist support organisation.

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