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Anger at the victim of rape asked police hand phones



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There has been strong criticism of the move to get a rape victim to hand over their phones to police – or risk legal prosecution did not go ahead.

Consent forms ask for permission to access to information, including e-mail, messages and photos are being rolled out across England and Wales.

Prosecutors say that the form makes clear the investigators should not go beyond "smart fields of research."

But Labor's Yvette Cooper said that there were "no guarantees in place at all."

The move comes after a series of rapes and Sur & # 39; oznyh sexual assault collapsed when crucial evidence at a late stage.

Prosecution Service (CPS) said the new consent forms were not changes in the policy, but were designed to "ensure coherence at the national level."

Form – which can be used for applicants for any criminal investigations – a claim that the victims will be given the opportunity to explain why they do not want to consent to the police to access the data.

But they also said that if they refuse to permit "it may not be possible to investigate or prosecute continue."

Ms. Cooper, chairman of the House of Commons of Internal Affairs Select Committee, said that the system of checks and balances to prevent inappropriate requests "no longer works."

She said that rape victims felt that the police will be able to look at "every aspect of your life – that any of this information may be given to the person who raped you, and there are no guarantees in place at all"

"My phone has been taken within two years"

One woman, who wants to remain anonymous, said that she had been raped in April 2016 someone she knew and reported it two months later.

"I was willing to give the police all you need. I corresponded with people on the night of the incident. Police said that they wanted to get the data from the phone.

"I had to transfer to my phone, and it was only returned to me after repeated requests over two years.

"When I got my phone back, I saw that he was not even included in the next two years.

"I could make a complaint at some point, but I just felt like everything was so invasive at the time.

"They did not even take the phone from the offender. I gave his name and address. He did not have to face any consequences. "

"I did not take my phone"

Another woman, Leah, who was a student of the University of London, was sexually assaulted on campus last summer.

"I did not have the courage to report it immediately – but when I saw him again on campus, I had to.

"A police officer called to arrange an interview with & # 39; w, and said that he would need my phone. I do not see the need in his hands.

"It was very stressful, and adding tension to what has happened to me. I do not think it is relevant.

"When I was in the interview & # 39; w and did not hand over the phone, I made to feel like I did something wrong. It was so invasive.

"I got half way through the interview & # 39; w, and then stopped. It was almost the same as a traumatic incident itself. "

Press secretary of the Prime Minister & # 39; er minister Theresa May said that the issue was complex, and that the police realized the "need to balance respect for privacy with the need to conduct all reasonable query string."

Labor leader Jeremy Corbyn tweeted: "This is an alarming step risks will more rapists get away with it."

Introduction consent form with & # 39 is part of the response to the scandal disclosures, which shook confidence in the criminal justice system.

Several court cases of rape and Sur & # 39; oznyh cases of sexual assault were destroyed when crucial evidence in the last minute, prompting fears that the evidence not disclosed early enough.

One of the defendants, the victim was a student Liam Alan, 22 at the time, who were the charges dropped if critical material with & # 39; appeared while he was on the court.

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Media signatureLiam Alan says that it is falsely accused of rape

Police and prosecutors say they form a & # 39 are an attempt to plug the gap in the law which says that the complainants and the witnesses can not be forced to disclose the relevant contents of phones or other devices.

Public Prosecutions Director Max Hill said that this digital information will only be considered where it forms a "smart" line of research, only relevant material is collected in the court, if it meets the strict rules.

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NPCC

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Screenshot portion consent forms for "extracting digital devices", provided by the National Council police chief

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NPCC

Labor MP Harriet Harman shared a letter she had received from the young women in her constituency who was raped by a stranger and had all the contents of your phone surveyed back in five years.

She said: "The danger is that when trying to comply with disclosure rules, they went completely over the top."

But Conservative Michael Fabricant said that those falsely accused of rape were also victims, and brought his friend, who was able to prove his innocence with the help of a mobile phone evidence.

He said: "Justice must be done, and that includes those people who have been accused of rape, when in fact they are not guilty."

"Digital strip search"

Fighters for the rights of victims and civil liberties have expressed concern that the move could stop the victims going forward.

Civil liberties charity Big Brother Watch said the victims should not "choose between their personal life and justice."

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Silkie Charles, Big Brother Watch, said the victims have been withheld from reporting crimes

"CPS insists on the digital strip search of victims, which a & # 39 are unnecessary and violate their rights," added the organization.

Its director Silkie Carlo, said Victoria Derbyshire program saw police organization investigating cases of "alien rape" are demanding, the data of the victims, including access to cloud storage and social media accounts.

She said that this was deterring some victims from reporting rape, potentially leaving a dangerous criminal at large.

women's Justice Center is already planning a legal challenge, supporting at least two women, it said said their cases could collapse if they do not cooperate with requests for personal data.

Harriet Wistrich, director of the charity, said that the majority of complainants understand why they must disclose any relationship they had with the defendant, but not why their past sexual history would be relevant.

She said: "Given the number of personal and often very close to the data stored on these devices, especially young women, it is not surprising that many of the victims who report the crime violate deeply do not want to be further exposed."

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