RAPE survivors are facing “invasive” and “unnecessary” requests for their personal records, causing delays to criminal investigations, a Home Office report has said. 

Information requested as part of police inquiries can include the medical and employment records and even therapy notes of victims. 

Responding to a consultation on the issue, the Home Office announced today that it will now legislate to better protect rape survivors from “disproportionate” requests.

The time taken to complete third party material requests, which can be made by police, the Crown Prosecution Service and defence lawyers, has added delays to trials, the report found. 

In the report’s foreword, Safeguarding Minister Sarah Dines said this part of the criminal justice system was “not functioning effectively.” 

“We know that sexual abuse investigations have a significant psychological impact on victims, and it is wrong that victims of some of the most traumatic crimes are having significant amounts of their personal records unnecessarily requested,” she said. 

The report raised concerns that the requests are being used to test a person’s credibility using information that is not relevant to the case. 

“This can have a severe negative effect on the victim,” it reads, adding that such an approach can make claimants feel under investigation and “may be a significant factor that causes them to withdraw from the criminal justice process.”

The changes proposed by the Home Office would enshrine in law a police’s duty to only request material that is necessary and proportionate. Officers who breach these requirements could face legal challenges. 

Centre for Women’s Justice solicitor Nogah Ofer said the report vindicates much of what campaigners have been saying for years, “that there are widespread disproportionate requests being made by police and CPS, that breach rape survivors’ privacy rights.”

She added that the new legal provisions were welcomed but called for rules to be implemented specifically for therapy notes to ensure they are kept confidential.