Police are scrapping controversial 'consent forms' used in rape and sexual offences cases, following a legal challenge from survivors of sexual abuse.
The digital data extraction forms - which have been compared to a 'digital strip search' - were introduced last year as part of a new policy that saw victims' data extracted from their devices including mobile phones, laptops, tablets and computers to be used as evidence.
With support from the Centre for Women's Justice (CWJ), Courtney* and Olivia* - both of whom reported rape to the police - complained that the forms were unlawful, discriminatory and intrusive.
The two women are not alone; CWJ have received hundreds of enquiries from rape victims and service providers raising concerns that the intrusive disclosure requests deterred victims from pursuing allegations.
These complaints were mirrored by a growing concern in Parliament that women who reported rape were essentially being required to hand over all their personal data before an investigation could proceed.
Talking about the decision to scrap the forms, Harriet Wistrich, director of CWJ said:
"We are relieved that these forms have finally been withdrawn from use, but they should never have been used in the first place.
"Their effect has been to delay rape cases and deter many victims from coming forward or continuing with their cases. We will work with the defendants to ensure something fair and proportionate is put in its place."
Courtney and Olivia lodged their legal complaints in July 2019, but they were put on hold pending a full ICO report on the process of 'Digital Data Extraction', which was published last month.
The report - which followed an 18-month investigation - expressed concern the police officers were not considering less intrusive alternatives to mobile phone extraction.
The claim, which additionally provided evidence of sex discrimination in the approach taken, was funded by the Equality and Human Rights Commission.
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Courtney, whose report of sexual assault was dropped by the Crown Prosecution Service when she refused to hand over her mobile phone, said: "I welcome the announcement by the NPCC because for the first time I feel like there is hope that victims of sexual violence will no longer have to make the choice between privacy or justice as I did.
"There was nothing consensual about these "consent forms" and it is a relief that the CPS and police have finally accepted that. I approach this announcement with some trepidation, however, as I have been so seriously hurt and let down by the criminal justice system in the past.
"I am concerned that just doing away with the forms won't necessarily improve practice. I look forward to the day when I may effectively hold my attacker accountable and make our streets more safe".
Olivia, meanwhile, was asked to hand over seven years of irrelevant data when she reported rape to the police.
She said: "My experience with the police and CPS was degrading and unlawful. I was raped by a stranger and the police demanded 7 years of irrelevant data from me that predated the rape.
"Infuriatingly, the police and CPS have repeatedly said to the press that they only pursue reasonable lines of enquiry. This is untrue. I hope now that other women won't be subjected to these unlawful requests."
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