To ask what are the rules re rape victims handing over phones to police and if the invasion of doing that is worth going through pursuing a case if mental health already fragile?

[C0t0n3ast3r]

Just that. I’m asking for my child who has spoken to police but been warned phone will be taken for evidence. It’s having a big impact on mental health that is already fragile. I know it’s not my decision but not sure what to do re encouraging either way. Does going through with a prosecution help with recovery in the long run? Does not going though with it make mental health worse?Can police drop a case if there is a refusal to hand over phone? Has anybody had to do this and how did it impact mental health?

Read the room @MatildaIThink, that wasn't the time or place for that post (as an FYI, only around 2-4% of accusations are false, a tiny amount).

Why does the whole phone need to be sent in? Why can’t those representing the raped send in all material relevant to case if there is any. The accused would have the same messages and be able to do the same. A rose victim having phoned checked does send a message of disbelief and is an invasion of privacy.

@HeAteItWithASpoon

As a rape victim who reported it to the police my recommendation would be to never report rape to the police. I was actually mentally ok after being raped. It was the way I was treated by the police that traumatised me. My rapist left me with physical injuries that required hospital treatment, left dna inside my body and apologised in writing for raping me. It didn’t even get to court due to insufficient evidence. He was interviewed once for less than half an hour. I had my phone taken for 3 months, was interviewed 6 separate times and constantly asked if what my sexual tastes were, did I enjoy bondage, have I ever asked a partner to hit me during sex, asked why I met with a man that I’d previously considered a friend and gone to his house if I wasn’t planning to have sex with him. It was just awful.

I consider myself fairly robust, mentally, but I do not know how anyone has the strength to actually go through a rape trial as a victim.

That is horrific, and not unusual, from what I have read about rape cases. So sorry you were put through that. It's disgusting how women are treated by the police and CPS.

Its odd that people can't see the issue with the victim having to hand over their phone.
Aside from the fact its investigating the victim there are practical problems; for benefit claimants it causes trouble as its linked to their claim, plus if you are tied into a contract you have to keep paying even if the police have your phone for months.

I don't understand why they can't just do a search for the accused's name on your phone right in front of you, capture what's relevant, and hand it straight back?

“Why does the whole phone need to be sent in? Why can’t those representing the raped send in all material relevant to case if there is any.”

Shockingly (assuming you’re in England) no one represents the victim of a crime. If it proceeds to trial then it is the crown’s case, and the victim becomes a witness for the prosecution. Victims have zero legal representation while accused do. The prosecution will support her as a witness but not as a client.

Is there any type of victim support agency where you live or free legal services agency that could give her a bit more advise re disclosure of her phone?

If it’s going to cause her more harm than good then unfortunately going ahead may not be the best thing to do. Chances of conviction are low and the process is mentally taxing.

“I don't understand why they can't just do a search for the accused's name on your phone right in front of you, capture what's relevant, and hand it straight back?”

It’s not just as simple as that. All conversations at the proximate time need to be analysed as they could hold evidence. Forensic recovery for anything deleted. Pictures, voicemails, social media conversations.

Ah I see. In case she's elsewhere talking about setting him up, for example. Still, it seems very unnecessary to remove it permanently. Just snapshot what they need.

@Tinpotspectator

Ah I see. In case she's elsewhere talking about setting him up, for example. Still, it seems very unnecessary to remove it permanently. Just snapshot what they need.

Remove what permanently? They don't remove the data on the phone or remove the phone permanently.

The police need to use special software to download deleted information as well as what's still on there. It takes time to do this. There are real issues these days with the volume of digital data available as evidence and policing is suffering as a result.

I'm not on the side of the police here. They seriously messed up my relatives case and didn't go looking for evidence until months later, by which time it was long gone. Something desperately needs to be done about domestic abuse and sexual assault prosecutions, but it's going to involve time and money. Above all that the will to treat these crimes seriously needs to be there and it just isn't.

@C0t0n3ast3r I can't talk for all police forces, but the ones round here will let you keep your phone if you download all the messages off of it that they want and send those to them

@C0t0n3ast3r

Why does the whole phone need to be sent in? Why can’t those representing the raped send in all material relevant to case if there is any. The accused would have the same messages and be able to do the same. A rose victim having phoned checked does send a message of disbelief and is an invasion of privacy.

Evidential chain of custody. The laws around evidence are complicated and very prescriptive.

They are also looking for communications between other parties about the incident.

There is supposed to be a system allowing them to clone the phone onto their servers then hand it back, but I am not sure if it has been brought online yet.