asked Her Majesty's Government:
Whether they will refer to persons making allegations of rape unsubstantiated by independent evidence as “alleged victims” rather than as “victims” until judicial proceedings have established that such allegations are substantiated.[HL461]
The British Crime Survey on Interpersonal Violence published in 2001 found that approximately 15 per cent of rapes come to the attention of the police. This indicates that there are many victims who are unable to see justice done.
In order to improve this situation and to encourage reporting, it is important for victims of serious violent crimes, such as rape, to believe that their allegations will be taken seriously. In the context of specific criminal proceedings, appropriate language will always be used.
asked Her Majesty's Government:
Whether the false accusations made by the accuser in the Warren Blackwell case of (a) sexual assault by her father in 1989; (b) rape against a boy in 1983; (c) violent sexual assault in a police station in 1988; (d) violent assault from behind with a knife in March 2000; (e) violent sexual assault from behind with a knife in July 2000; and (f) rape and sexual assault with a knife from behind in June 2001 were no-crimed. [HL576]
Information relating to individual cases is not collected centrally and so we cannot determine whether the alleged crimes referred to were no-crimed by the relevant forces.
asked Her Majesty's Government:
Further to the Written Answer by Baroness Ashton of Upholland on 6 December (WA 142), in what circumstances the DNA of a victim would need to be taken for elimination purposes. [HL769]
Where the police may expect to find more than one DNA profile at a crime scene, a victim or witness to the crime may be asked to provide the police with a DNA sample so that his or her DNA profile may be distinguished from that of the offender. In a case of rape, for example, where a vaginal swab would contain DNA from both the victim and also possibly the offender, it is important to eliminate the victim’s DNA profile and identify the profile belonging to the offender.
Victims and witnesses who have voluntarily provided the police with a DNA sample for elimination purposes during the investigation of a particular offence may also consent to their DNA profile being retained on the National DNA Database. Consent must be given in writing and once given cannot be withdrawn.
asked Her Majesty's Government:
Whether they intend to review the requirement for a victim of rape to give written consent for the retention of their DNA on the National DNA Database. [HL770]
At the present time the Government do not intend to review the requirement for a victim of rape to give written consent for the retention of their DNA on the National DNA Database.
asked Her Majesty's Government:
Whether a person who has been identified as a false accuser of rape and who has not been prosecuted retains the right to give written consent for their DNA to be held on the National DNA Database. [HL771]
Under the Police and Criminal Evidence Act (PACE) 1984, as amended, the police may only take DNA (and fingerprints) without consent from persons who have been arrested for, charged with, informed they will be reported for or convicted of a recordable offence.
DNA samples provided by victims of crime for elimination purposes may be retained on the National DNA Database only if the person gives their consent in writing.