Winnie M Li is a rape survivor, author, and activist, whose novel Dark Chapter is a fictional retelling of her own ordeal and the criminal justice process, from the perspectives of both victim and perpetrator.

Winnie, 40, is also Founder of the Clear Lines Festival, the UK's first-ever festival addressing sexual assault and consent through the arts and discussion.

She tells Sky News about what she thinks about victims of rape being told they must give police access to their phone data, or risk having cases dropped.

"Requiring a rape victim to give up her phone in the name of justice is incredibly invasive and disruptive and does not take into consideration what a victim is going through at the time. It also, once again, indicates that the criminal justice process has little concern for the welfare of victims.

Image: Rape victims have been told they must hand over their mobiles to police or risk prosecutions against their attackers being dropped

After my own rape in 2008, I was emotionally fragile, isolated, and needed the support of friends and family and having to give up my phone would have had a huge impact on me.


I had severe post-traumatic stress disorder in the months following the rape and found it difficult to leave my flat because of agoraphobia - I was getting flashbacks all the time.

I already felt like it was impossible for me to function in the world. My phone was my only means of communication with the outside world and a vital means of support from friends and family.

So to take away a victim's means of communication and her link to the outside world is disrespectful and damaging.

This new requirement may also scare off many victims from reporting and deciding to go through with the criminal justice process - which is the opposite of what we want - if the aim is for more criminals to be prosecuted and convicted.

Rape victims already have trouble trusting the criminal justice process (quite rightly, given its very low conviction rates) - this move will only further erode a victim's very fragile sense of security and trust in the system.

It is only really fair if the accused is also required to give up their phone and if the victim is told this will also be happening to the perpetrator.

Image: The phone plans have sparked controversy

Any evidence on a phone may not even be crucial to the case. Often rape victims do not realise they have been raped until days, weeks, or even years afterwards - for example, in the case of someone being drugged.

In the meantime, there may have been friendly text messages between the victim and the accused, which could then be unfairly used as evidence against the victim. It is hard to establish whether or not sexual consent has been respected simply by reading a trail of text messages.

So this additional pressure and disruption on the victim's life may be for very little in the way of useful evidence."