Survivors of sexual violence could wrongly be denied recognition as victims of human trafficking under credibility tests in a new UK law, the independent anti-slavery commissioner has warned.
Eleanor Lyons said the measures in the immigration and asylum bill were fundamentally unfair and could lead to many more victims of slavery and trafficking, including those allegedly abused by Mohamed Al Fayed, being denied support.
Under the legislation, Home Office officials must regard any delay to making a claim of modern day slavery or human trafficking as damaging to their credibility.
Any inaccuracy, inconsistency or omission in a person’s account, as well as any striking similarity to a claim made by someone else, must also be viewed as reasons for disbelief.
Lyons said the credibility tests would harm survivors of sexual violence who often suffered memory loss as a result of their trauma. Many were also reluctant to come forward to disclose their exploitation due to fear of reprisals by their abusers, she added.
“They are basically saying to victims, if you don’t come forward in a timely fashion not yet defined, if there are inconsistencies in your account, and if there are similarities between exploitation and [those of] others, the Home Office decision-maker must question your credibility,” Lyons said.
“For the Al Fayed victims [that] would be particularly concerning because a lot of time has passed [since the alleged abuse], a lot of them were sadly exploited in similar ways to each other, and some of the things that happened to them were completely horrific and they may not be able to recall exactly what time, which place they happened in [due to the impact of trauma].”
Several women who were allegedly sexually abused by Fayed, said they feared the measures would undermine investigations into what they described as the late billionaire’s international trafficking network.
Holly Johnson, pictured aged 24 when she worked at Harrods, said the credibility tests will re-victimise survivors.
Holly Johnson, who says she was trafficked and sexually abused when she worked at Harrods and Fayed’s Park Lane offices, said the credibility tests would re-victimise survivors.
She added: “Fayed had a specific strategy for trafficking and assaulting women, and many of our stories are really similar. To say someone shouldn’t be believed because their situation is too similar to another victim of that same abuser is absurd.”
No One Above, a collective of survivors of Fayed’s alleged abuse, said many women delayed reporting their exploitation until after his death in 2023 and Harrods’ declaration in 2024 that those who signed non-disclosure agreements would not have them enforced.
Elizabeth, an NOA member who has been recognised as a trafficking victim by the Home Office, said: “It took that for me to finally believe that I couldn’t have somebody take my house away for speaking out.”
Pelham Spong, who says she was trafficked in Paris on Fayed’s orders in 2008 before being sent to London to be sexually assaulted by him, said she did not go to the Met police until 2017 because she feared her life “was going to be ruined”.
Pelham Spong, who says she was sent to London to be sexually assaulted by Fayed, said the thought of speaking out against him as a 23-year-old was ‘unfathomable’. Photograph: Graeme Robertson/The Guardian
“The thought of speaking out as a 23-year-old with no money, no resources behind me against a billionaire was unfathomable,” said Spong, whose case is being investigated by the French police. “He was so powerful.”
The government has introduced the credibility tests to close what it characterises as opportunities to misuse the National Referral Mechanism (NRM), the system for identifying potential victims of modern slavery and human trafficking in the UK, and to speed up the removal and deportation of illegal migrants.
Eleanora Fais, the anti-trafficking monitoring group coordinator at Anti-Slavery International, said: “If your primary aim is to introduce legislation that is focused on immigration enforcement, safeguarding will come in second place.
“The NRM was always meant to help survivors to disclose and be referred to support needed for the recovery. Alongside that, if they wished to, they could cooperate with police to ensure that perpetrators were brought to justice. If you introduce these criteria to weaken the system, that’s not going to happen.”
Hilary Agg, the head of policy and research at the anti-slavery charity Unseen, said the measures would allow human trafficking to thrive in the UK because fewer victims would be identified and be able to help police to pursue perpetrators.
She added that the tests would harm immigrants and the majority of trafficking and slavery victims, who are British nationals.
A Home Office spokesperson said: “Modern slavery is a barbaric crime, and the government is committed to identifying victims and ensuring they get the support they need. The immigration and asylum bill will strengthen protections and crack down on exploitation, while reducing opportunities for improper use of the system.
“The credibility considerations in the bill are well-balanced and contain appropriate safeguards, which will enhance the robustness of modern slavery decision-making.”
A Harrods spokesperson said it supported all survivors in their pursuit of justice and continued to work closely with the Met police on its investigation.
A Ritz Paris spokesperson said it was “deeply concerned by the allegations that have been reported and takes them with the utmost seriousness. We would like to express our deepest sympathy to the women who have come forward.”
The Fayed estate has been approached for comment.
