Beautiful Virgin Islands

Friday, Nov 07, 2025

Privacy Is Still a Victim When Rape Cases Hit the Justice System

Privacy Is Still a Victim When Rape Cases Hit the Justice System

Britain is struggling to end its dependence on the traumatizing seizure of data from victims’ phones. Pervasive rape culture is making it difficult.
Things were supposed to be different this time, Brooke thought in disbelief as the police officer demanded that she hand over every scrap of data on her phone to investigators — not because she was suspected of a crime, but because she was the victim of one.

Years earlier, a man who Brooke had until then considered a friend pulled her into a London alley, pushed her against a wall, choked her and violently sexually assaulted her.

Her fear and humiliation, more than just the invasion of her body, seemed to be his goal. Several times, she said, she broke free, only to have him catch her, throw her back against the wall, and assault her again.

She reported the attack to the police, who were initially supportive, she said. But then they closed her case after she refused to submit to a “digital strip search” — Britain’s policy of requiring victims of sex crimes to give the police full access to their phone data, social media accounts, school records and even therapists’ notes.

“I always assumed before any of this ever happened to me that the assault would have been the most traumatic thing that could happen,” said Brooke, an actress living in London. (The Times is not using her full name because she is a victim of sexual assault.) But in fact, she said, she found the experience of reporting the crime to the police, only to be treated like a suspect to be investigated herself, far worse.

Fewer than 2 percent of rape cases reported to the police in Britain are ever prosecuted. And the digital strip search is just one of the many policies that a recent government report criticized as contributing to the justice system’s catastrophic failures on rape and sexual assault.

Brooke’s experience is a microcosm of the ways that efforts to address those failures, though fueled by unprecedented public demand for change in the post-#MeToo era, are doomed unless they reckon with the societal and institutional conditions that created them in the first place.

And that, some experts now argue, may require radically reshaping the justice system itself — going so far as to question the role of juries, victims, and more.

There has been some progress in Britain, at least when it comes to setting policy. Following an appeals court ruling that the police could only take data pursuant to “reasonable lines of inquiry,” the government prosecutors’ body announced in May that sex-crime victims would no longer be subjected to the digital strip search.

So Brooke asked for her case to be reopened — only to be told that despite the rule changes on paper, nothing had changed for her. If she did not hand over her data, they would not proceed with her case.

The struggle is not limited to Britain. In the United States last week, the rape conviction of Bill Cosby was vacated on procedural grounds. Because Mr. Cosby’s prosecution was one of a handful of cases that had been hailed as a sign that the justice system was finally taking rape and sexual assault seriously, his walking free has led many to question whether the societal reckoning of #MeToo can translate into actual prosecutions and protections.

Kate Ellis, an attorney with the Centre for Women’s Justice, a London legal charity, has represented Brooke in her fight to have her case reopened without having to give up her privacy. But she said that she is also sympathetic to the bind that police officers find themselves in now that the digital strip search has officially been retired, but the same incentives that led to its creation in the first place are still present.

The thing to understand, she said, is that police officers and prosecutors bear few consequences when they close a case for lack of evidence, or because victims stop cooperating. But if they do bring a case that falls apart or fails, they can face serious blowback.

“So a victim who is not perfect, or who’s ever been dishonest, there’s a feeling of, you know, why prosecute the case?” she said in an interview.

The Crown Prosecution Service has denied that it is risk averse in deciding which cases to prosecute. During Parliamentary testimony in June, Max Hill, the Director of Public Prosecutions, seemed to pin the blame on the police, saying that his prosecutors were willing to bring any case where the legal test was met, but that too few cases were ever being referred for prosecution because “something is going wrong at a very early stage.”

But the two are not separate. Police often demand extensive digital evidence because they believe that prosecutors won’t proceed without it.

And the reason for that unwillingness, Ms. Ellis has found in her work with sexual assault victims, is that the police are afraid they will be blamed for failing to disclose evidence.

In Britain, like the United States, police officers and prosecutors have a legal obligation to disclose any evidence that might be relevant to the defense. In 2017, a high-profile rape prosecution of a British university student fell apart several days into the trial after the police admitted that they had failed to hand over thousands of messages to the defense that had been found on the alleged victim’s phone.

The case collapse provoked a furor. The Crown Prosecution Service publicly apologized, and announced a review of 600 other cases to ensure that similar errors would not be made.

There is the broader cultural problem to deal with, as well. It is still common for defense lawyers in sexual assault cases to attack the victims’ credibility, claiming that the encounter in question was consensual, or never happened. Just as common are efforts to appeal to jurors’ beliefs in “rape myths” — sexist yet still widespread beliefs about sexual assault, such as that women commonly make false rape allegations, that rapes must fit into a stereotype of “real” rape to be believable, or that men cannot control their sexual urges and should not bear the consequences of failure to do so.

Evidence rules do bar some rape myth-based defenses in theory, such as the introduction of information about the victim’s sexual history. But the restrictions are limited and often ineffective. In practice, research shows, defense lawyers often rely heavily on rape myths in shaping their arguments to the jury.

And it works.

“There’s so much evidence just from mock jury studies and other research that juries don’t convict in cases where they should be convicting,” said Fiona Leverick, a law professor at the University of Glasgow who studies rape myths. “And the main reason for that is just they believe in rape myths.”

Risk-averse police officers, Ms. Ellis said, seem to be under the impression that they are obligated to trawl through victims’ personal history to look for evidence relevant to anything that the defendant might raise — including their personal relationships, sexual history and more.


Pervasive Rape Culture

The problem, in other words, is that changing any one part of the flawed system requires changing the other parts of the system that created and perpetuated the problem.

To stop subjecting rape victims to the digital strip search means addressing police incentives to investigate victims first and foremost, which in turn requires addressing prosecutors’ risk aversion when it comes to disclosure to the defense, which in turn requires addressing the role of rape myths in the courtroom, which in turn requires addressing the widespread belief in rape myths within society itself.

And while the digital strip search is specific to Britain, every country wrestling with the legacy of #MeToo is facing similar issues. A recent study found that belief in rape myths is prevalent in the United States, too, with all the attendant implications for how it might affect the jury pool, prosecutors’ decisions, and police investigations under the specific circumstances of the American judicial system.

With the release of its end-to-end rape review, which focused on England and Wales, the British government has promised more resources for the police and prosecutors, and more training, with the goal of increasing the prosecution rate.

But some experts say that the promised changes will be inadequate, and are arguing for more significant changes.

Scotland’s equivalent of the end-to-end rape review, an independent commission led by Leeona Dorrian, the Lord Justice Clerk, recommended that Scotland should test out doing away with juries in rape cases altogether to avoid having jurors’ prejudices, and belief in rape myths, affect the outcomes of trials.

“The traditional arguments in favor of juries are met by equally compelling arguments for trial by judge alone, which cannot be left unexamined and ignored,” the report concluded.

In the meantime, thousands of victims of rape and sexual assault feel powerless to move the system to act. Brooke’s experience with the police has left her feeling that “it’s not a matter of if I’m assaulted again, it’s when,” she said.

“There’s absolutely no one to help me when that happens. It makes me feel really scared.”
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
UK Report Backs Generational Smoking Ban Ahead of Tobacco & Vapes Bill Review
UK’s Domino’s Pizza Group Reports Modest Like-for-Like Sales Growth in Q3
UK Supplies Additional Storm Shadow Missiles to Ukraine as Trump Alleges Russian Underground Nuclear Tests
High-Profile Broodmare Puca Sells for Five Million Dollars at Fasig-Tipton ‘Night of the Stars’
Wilt Chamberlain’s One-of-a-Kind ‘Searcher 1’ Supercar Heads to Auction
Erling Haaland’s Remarkable Run: 13 Premier League Goals in 10 Matches and Eyes on History
UK Labour Peer Warns of Emerging ‘Constituency for Hating Jews’ in Britain
UK Home Secretary Admits Loss of Border Control, Warns Public Trust at Risk
President Trump Expresses Sympathy for UK Royal Family After Title Stripping of Prince Andrew
Former Prince Andrew to Lose His Last Military Title as King Charles Moves to End His Public Role
King Charles Relocates Andrew to Sandringham Estate and Strips Titles Amid Epstein Fallout
Two Arrested After Mass Stabbing on UK Train Leaves Ten Hospitalised
Glamour UK Says ‘Stay Mad Jo x’ After Really Big Rowling Backlash
Former Prince Prince Andrew Faces Possible U.S. Congressional Appearance Over Jeffrey Epstein Inquiry
UK Faces £20 Billion Productivity Shortfall as Brexit’s Impact Deepens
UK Chancellor Rachel Reeves Eyes New Council-Tax Bands for High-Value Homes
UK Braces for Major Storm with Snow, Heavy Rain and Winds as High as 769 Miles Wide
U.S. Secures Key Southeast Asia Agreements to Reshape Rare Earth Supply Chains
US and China Agree One-Year Trade Truce After Trump-Xi Talks
BYD Profit Falls 33 % as Chinese EV Maker Doubles Down on Overseas Markets
US Philanthropists Shift Hundreds of Millions to UK to Evade Regulatory Uncertainty in Trump Era
Israeli Energy Minister Delays $35 Billion Gas Export Agreement with Egypt
King Charles Strips Prince Andrew of Titles and Royal Residence
Trump–Putin Budapest Summit Cancelled After Moscow Memo Raises Conditions for Ukraine Talks
Amazon Shares Soar 11% as Cloud Business Hits Fastest Growth Since 2022
Credit Markets Flooded with More Than $200 Billion of AI-Linked Debt Issuance
U.S. Treasury Secretary Scott Bessent Says China Made 'a Real Mistake' by Threatening Rare-Earth Exports
Report Claims Nearly Two Billion Dollars in Foreign Charity Funds Flowed into U.S. Advocacy Groups
×