A Criminal Cases Review Commission applicant believed his sentence should be reduced because the victim’s social media posts did not display 'sufficiently traumatised behaviour', according to landmark research on digital communications.

In a report commissioned by the CCRC and published by the Scottish Centre for Crime & Justice Research, researchers from Glasgow and Loughborough universities examined 119 CCRC applications involving rape and sexual offences.

Six in 10 applications mentioned digital communications evidence as the reason for applying, with many applicants arguing that data from victims’ mobile phones or laptops would undermine victims’ credibility and/or reveal applicants' innocence.

In one case, the applicant said ‘the victim’s social media posts did not display sufficiently traumatised behaviour and so his sentence should be reduced because “the complainant had been untruthful and misled the court in her [Victim Personal Statement]”'.

But the CCRC found the evidence had already been reviewed and a judge said ‘a photograph of a [young person] out socialising may hide many problems, it proves little really’. The report said the applicant's points 'reflect assumptions about the "typical" or "appropriate" demeanour of a victim, which have been widely debunked'.

Social media apps displayed on a phone screen

Many applicants argued that data from victims’ phones or laptops would undermine victims’ credibility and/or reveal applicants' innocence

Source: iStock

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The report said it was challenging for the CCRC to investigate claims raised by applicants because few provided specific details. Applicants would make generic suggestions, such as ‘look at her phone’.

While 48% of the applications in the resarch sample resulted in a full investigation by the CCRC, none were referred to the Court of Appeal. The majority of the remaining cases were closed because they did not go through a first appeal.

Professor Michele Burman, one of the report's authors, said: ‘We saw examples where applicants would refer to social media posts or online dating profiles as evidence of a person not acting like a "real victim", which links to wider perceptions and misconceptions about rape victims. We found that victim credibility was a key factor in applications made to the CCRC, as it often is in police investigations and in criminal trials.’