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My Lords, might not the noble and learned Lord have offered some word of thanks and congratulation to the noble Lord, Lord Campbell-Savours, for the amount that he has done to bring out some of the facts about rape and allegations of rape? Does he not agree that the conviction rate, althoughit is extraordinarily low, is measured against the allegations of rape, not against the number of cases of rape that are established to have occurred?
My Lords, might not the noble and learned Lord have offered some word of thanks and congratulation to the noble Lord, Lord Campbell-Savours, for the amount that he has done to bring out some of the facts about rape and allegations of rape? Does he not agree that the conviction rate, althoughit is extraordinarily low, is measured against the allegations of rape, not against the number of cases of rape that are established to have occurred?
Asked by
Lord Tebbit
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, I am very happy to commend my noble friend for the diligence and tenacity with which he has pursued this issue. It has had the result that we are considering one aspect of the law. On the latter part of the noble Lord’s question, the concern is that a lot of rapes are not reported. Figures suggest that a greater proportion of rapes are not reported than are reported, so one has to be careful with the figures to which he referred.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the noble and learned Lord think that the outcome of the case would have been different if anonymity had been granted? If not, what is the argument against the anonymity for which his noble friend is arguing?
My Lords, does the noble and learned Lord think that the outcome of the case would have been different if anonymity had been granted? If not, what is the argument against the anonymity for which his noble friend is arguing?
Asked by
Lord Elton
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, this is a well travelled route and different committees have looked at it. We do not generally permit anonymity for defendants, whether it is an allegation of rape, murder, bank robbery or whatever it may be—one sees that all the time in the newspapers. There is a special case in relation to complainants of sexual assault because of the well founded belief that, unless there is anonymity, they will simply not come forward and make their allegations, which is a greater evil.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442-3
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, can my noble and learned friend say when the consultation on rape will be published? Will he give a commitment that, when it is, we can debate the whole range of issues surrounding rape, including the low conviction rate and how to help women to come forward in much greater numbers to report rape cases? As the figures stand, thousands of men in this country have raped women and remained free.
My Lords, can my noble and learned friend say when the consultation on rape will be published? Will he give a commitment that, when it is, we can debate the whole range of issues surrounding rape, including the low conviction rate and how to help women to come forward in much greater numbers to report rape cases? As the figures stand, thousands of men in this country have raped women and remained free.
Asked by
Baroness Gale
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, I am afraid that I cannot give a precise commitment as to when the Government will respond. I am sorry about that, but consideration on the response to the consultation continues. However, my noble friend’s suggestion of an opportunity to debate all these issues in this House seems very admirable. I do not know whether I am in a position to commit to it, but it certainly has my support.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, if the noble Lord is referring to anonymity for the complainant, it is one of the questions that the present review needs to look at; namely, whether women—and it normally is women—simply will not be prepared to come forward if they think that there is a chance that the allegation and their identity may be revealed after the trial just because there is an acquittal.
My Lords, if the noble Lord is referring to anonymity for the complainant, it is one of the questions that the present review needs to look at; namely, whether women—and it normally is women—simply will not be prepared to come forward if they think that there is a chance that the allegation and their identity may be revealed after the trial just because there is an acquittal.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Campbell of Alloway
(Conservative)
Type
Oral answers to questions
My Lords, why should not this question be left to the discretion of the judge at the end of the trial after acquittal?
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c443
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the noble Lord is right to draw attention to the problem, which I have referred to before, of low reporting and conviction rates. The Government are consulting on possible changes to the law. They are following the recent inspectorate report on rape and are looking to the police and the prosecution service to improve their responses.
My Lords, the noble Lord is right to draw attention to the problem, which I have referred to before, of low reporting and conviction rates. The Government are consulting on possible changes to the law. They are following the recent inspectorate report on rape and are looking to the police and the prosecution service to improve their responses.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Dholakia
(Liberal Democrat)
Type
Oral answers to questions
My Lords, at 5.3 per cent, conviction for rape is the lowest in Europe, while Home Office figures show that at least 47,000 women are victims of rape. What is being done to improve the rate of conviction?
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, this is a well travelled route and different committees have looked at it. We do not generally permit anonymity for defendants, whether it is an allegation of rape, murder, bank robbery or whatever it may be—one sees that all the time in the newspapers. There is a special case in relation to complainants of sexual assault because of the well founded belief that, unless there is anonymity, they will simply not come forward and make their allegations, which is a greater evil.
My Lords, this is a well travelled route and different committees have looked at it. We do not generally permit anonymity for defendants, whether it is an allegation of rape, murder, bank robbery or whatever it may be—one sees that all the time in the newspapers. There is a special case in relation to complainants of sexual assault because of the well founded belief that, unless there is anonymity, they will simply not come forward and make their allegations, which is a greater evil.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Elton
(Conservative)
Type
Oral answers to questions
My Lords, does the noble and learned Lord think that the outcome of the case would have been different if anonymity had been granted? If not, what is the argument against the anonymity for which his noble friend is arguing?
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442-3
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I cannot confirm the details that my noble friend has given about what happened. This was plainly a dreadful case in which a very determined woman went to extraordinary lengths to manufacture an allegation of rape against this man. It was discovered; she was prosecuted; for this and for the harassment of the man and his former girlfriend, she received nine years in prison. That isa robust response to this exceptional case. As to the general question of anonymity for defendants, we have debated it before and the Government’s view is that defendants generally should not have anonymity.
My Lords, I cannot confirm the details that my noble friend has given about what happened. This was plainly a dreadful case in which a very determined woman went to extraordinary lengths to manufacture an allegation of rape against this man. It was discovered; she was prosecuted; for this and for the harassment of the man and his former girlfriend, she received nine years in prison. That isa robust response to this exceptional case. As to the general question of anonymity for defendants, we have debated it before and the Government’s view is that defendants generally should not have anonymity.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Campbell-Savours
(Labour)
Type
Oral answers to questions
My Lords, is there not a huge injustice to the accused in this case? A woman rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. Because the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000—part of which was income—and is then discredited in his own community. Should we not be looking at the law on anonymity for men, as there are many cases of destroyed reputations?
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am very happy to commend my noble friend for the diligence and tenacity with which he has pursued this issue. It has had the result that we are considering one aspect of the law. On the latter part of the noble Lord’s question, the concern is that a lot of rapes are not reported. Figures suggest that a greater proportion of rapes are not reported than are reported, so one has to be careful with the figures to which he referred.
My Lords, I am very happy to commend my noble friend for the diligence and tenacity with which he has pursued this issue. It has had the result that we are considering one aspect of the law. On the latter part of the noble Lord’s question, the concern is that a lot of rapes are not reported. Figures suggest that a greater proportion of rapes are not reported than are reported, so one has to be careful with the figures to which he referred.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Tebbit
(Conservative)
Type
Oral answers to questions
My Lords, might not the noble and learned Lord have offered some word of thanks and congratulation to the noble Lord, Lord Campbell-Savours, for the amount that he has done to bring out some of the facts about rape and allegations of rape? Does he not agree that the conviction rate, althoughit is extraordinarily low, is measured against the allegations of rape, not against the number of cases of rape that are established to have occurred?
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am afraid that I cannot give a precise commitment as to when the Government will respond. I am sorry about that, but consideration on the response to the consultation continues. However, my noble friend’s suggestion of an opportunity to debate all these issues in this House seems very admirable. I do not know whether I am in a position to commit to it, but it certainly has my support.
My Lords, I am afraid that I cannot give a precise commitment as to when the Government will respond. I am sorry about that, but consideration on the response to the consultation continues. However, my noble friend’s suggestion of an opportunity to debate all these issues in this House seems very admirable. I do not know whether I am in a position to commit to it, but it certainly has my support.
Answered by
Lord Goldsmith
(Labour)
Asked by
Baroness Gale
(Labour)
Type
Oral answers to questions
My Lords, can my noble and learned friend say when the consultation on rape will be published? Will he give a commitment that, when it is, we can debate the whole range of issues surrounding rape, including the low conviction rate and how to help women to come forward in much greater numbers to report rape cases? As the figures stand, thousands of men in this country have raped women and remained free.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the thrust of my noble friend’s question is exactly the same as the point that he made earlier. I have indicated what the Government’s view is and has been for a long time. I do not know what the implications have been for Dr Falkowski; I hear what my noble friend says. I very much hope that the fact that in a trial the jury found that the allegations were wholly false means that people around him will have accepted his innocence and welcomed him back within their community.
My Lords, the thrust of my noble friend’s question is exactly the same as the point that he made earlier. I have indicated what the Government’s view is and has been for a long time. I do not know what the implications have been for Dr Falkowski; I hear what my noble friend says. I very much hope that the fact that in a trial the jury found that the allegations were wholly false means that people around him will have accepted his innocence and welcomed him back within their community.
Answered by
Lord Goldsmith
(Labour)
Asked by
Lord Campbell-Savours
(Labour)
Type
Oral answers to questions
My Lords, my noble and learned friend referred to the imprisonment of Marchese as if that were the application of justice in this case. What about justice for Falkowski? He has been the subject of a huge injustice, because he lost friends, income and reputation. What are we going to do about people such as that, who believe that they should be entitled to anonymity in exactly the same way as women are? Their anonymity was lost as a result of legislation introduced in the late 1980s.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Government believe that the law already provides robust criminal penalties for those who make false allegations of rape, as this case demonstrates. However, as my noble friend and the House know, we are reviewing certain aspects in relation to the anonymity of complainants and in response to the recent consultation on the law of rape more generally.
My Lords, the Government believe that the law already provides robust criminal penalties for those who make false allegations of rape, as this case demonstrates. However, as my noble friend and the House know, we are reviewing certain aspects in relation to the anonymity of complainants and in response to the recent consultation on the law of rape more generally.
Answered by
Lord Goldsmith
(Labour)
Type
Oral answers to questions
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, at 5.3 per cent, conviction for rape is the lowest in Europe, while Home Office figures show that at least 47,000 women are victims of rape. What is being done to improve the rate of conviction?
My Lords, at 5.3 per cent, conviction for rape is the lowest in Europe, while Home Office figures show that at least 47,000 women are victims of rape. What is being done to improve the rate of conviction?
Asked by
Lord Dholakia
(Liberal Democrat)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, the noble Lord is right to draw attention to the problem, which I have referred to before, of low reporting and conviction rates. The Government are consulting on possible changes to the law. They are following the recent inspectorate report on rape and are looking to the police and the prosecution service to improve their responses.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, my noble and learned friend referred to the imprisonment of Marchese as if that were the application of justice in this case. What about justice for Falkowski? He has been the subject of a huge injustice, because he lost friends, income and reputation. What are we going to do about people such as that, who believe that they should be entitled to anonymity in exactly the same way as women are? Their anonymity was lost as a result of legislation introduced in the late 1980s.
My Lords, my noble and learned friend referred to the imprisonment of Marchese as if that were the application of justice in this case. What about justice for Falkowski? He has been the subject of a huge injustice, because he lost friends, income and reputation. What are we going to do about people such as that, who believe that they should be entitled to anonymity in exactly the same way as women are? Their anonymity was lost as a result of legislation introduced in the late 1980s.
Asked by
Lord Campbell-Savours
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, the thrust of my noble friend’s question is exactly the same as the point that he made earlier. I have indicated what the Government’s view is and has been for a long time. I do not know what the implications have been for Dr Falkowski; I hear what my noble friend says. I very much hope that the fact that in a trial the jury found that the allegations were wholly false means that people around him will have accepted his innocence and welcomed him back within their community.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c442
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, why should not this question be left to the discretion of the judge at the end of the trial after acquittal?
My Lords, why should not this question be left to the discretion of the judge at the end of the trial after acquittal?
Asked by
Lord Campbell of Alloway
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, if the noble Lord is referring to anonymity for the complainant, it is one of the questions that the present review needs to look at; namely, whether women—and it normally is women—simply will not be prepared to come forward if they think that there is a chance that the allegation and their identity may be revealed after the trial just because there is an acquittal.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c443
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is there not a huge injustice to the accused in this case? A woman rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. Because the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000—part of which was income—and is then discredited in his own community. Should we not be looking at the law on anonymity for men, as there are many cases of destroyed reputations?
My Lords, is there not a huge injustice to the accused in this case? A woman rifles through the dustbin of a reputable consultant, finds a used condom, smears the contents on herself and makes a false allegation of rape. Because the accused has no right to anonymity, he is suspended as a consultant psychiatrist, hauled before the GMC, shunned by his friends, attacked on the internet, loses £100,000—part of which was income—and is then discredited in his own community. Should we not be looking at the law on anonymity for men, as there are many cases of destroyed reputations?
Asked by
Lord Campbell-Savours
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
12 March 2007
My Lords, I cannot confirm the details that my noble friend has given about what happened. This was plainly a dreadful case in which a very determined woman went to extraordinary lengths to manufacture an allegation of rape against this man. It was discovered; she was prosecuted; for this and for the harassment of the man and his former girlfriend, she received nine years in prison. That isa robust response to this exceptional case. As to the general question of anonymity for defendants, we have debated it before and the Government’s view is that defendants generally should not have anonymity.
Subjects
Disclosure of information; Law; Privacy; Rape; Reform; Rights of accused; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords
Whether they will review the law following the Marchese-Falkowski rape case.
Whether they will review the law following the Marchese-Falkowski rape case.
Asked by
Lord Campbell-Savours
(Labour)
Answered by
Lord Goldsmith
(Labour)
Oral questions - Lead
Status
Answered
For answer on
12 March 2007
Answered on
12 March 2007
My Lords, the Government believe that the law already provides robust criminal penalties for those who make false allegations of rape, as this case demonstrates. However, as my noble friend and the House know, we are reviewing certain aspects in relation to the anonymity of complainants and in response to the recent consultation on the law of rape more generally.
Subjects
Law; Rape; Reform; Perjury; Marchese, Maria; Falkowski, Jan
Date
12 March 2007
Reference
690 c441
Chamber / Committee
House of Lords chamber
House
House of Lords