RAPE VICTIMS: defence solicitors looking for financial motive in bringing complaints

The Criminal Injuries Compensation Authority (CICA) has warned defence solicitors against trying to obtain its files in 'fishing expeditions' to garner information about rape victims.

Anne Johnstone, head of legal services at the CICA, told the Gazette this week that her organisation has received a growing number of requests for information from defence lawyers wishing to use the fact that a victim may have applied to the authority for compensation as a line of questioning during the trial.

She said: 'We will not provide information unless the court orders us to do so, or unless we gain the consent of the applicant.

[Solicitors] should not assume that we will hand over the whole file, as it will often contain sensitive information.

'Fishing expeditions by lawyers are unhelpful, unproductive and lead to public expense - because we instruct counsel to argue against revealing the information.'

Ms Johnstone said that while she accepted that a possible financial motive by an alleged victim was a legitimate line of questioning by defence counsel, it would be helpful to receive a degree of notice about what information is needed.

Requests are often not made until the court case is in process, and CICA files may have been sent to a depository, she explained.

She added: 'We will provide the application form or statements related to it with the consent of the applicant.

If we are given enough notice, we will liaise with the applicant to see if there is consent.'

Rodney Warren, director of the Criminal Law Solicitors Association, said: 'There is a common objective between the CICA and all participants in the criminal justice system to ensure justice - for both the victim and the defendant.

I am sure the authority would want to properly protect the confidentiality of all claims, but it is regrettable that it is sending this message to defence solicitors unless their actions are wholly inappropriate.

Justice is about achieving a difficult balance.'

A Law Society spokeswoman said disclosure is necessary in order to protect people's rights.

She said: 'However, there may well be merit in considering guidelines on what should be disclosed and to whom in these cases so that the proper balance of legitimate enquiry and privacy can be maintained.'

She said it was for the courts to monitor inappropriate use of this information in cases.

Rachel Rothwell