Sexual abuse of disabled people

Report: 6
Date: 28 July 2009
By: Territorial Policing on behalf of the Assistant Commissioner

Summary

This report provides members with a summary of the MPS data on serious sexual offences investigations, where the victim is recorded as being disabled, in London during the period of April 2008 to March 2009.

The report details work undertaken to improve services provided to persons with disabilities within the MPS and The Havens.

A. Recommendations

That the report be noted.

B. Supporting information

1. During 2008/2009 the Metropolitan Police Service (MPS) has continued to demonstrate the service commitment to improving victim care and the investigation of rape, through the work of Sapphire Teams and The Havens - Sexual Assault Referral Centres (SARCs).

MPS Rape Data April 2008 – March 2009

Disability

2. The data gathered for this report covers specified serious sexual offences. These comprise of rape and attempted rape of a person aged 16 or over, assault by penetration, and causing a person to engage in sexual activity without consent. The data covers offences recorded during the reporting year 1 April 2008 to 31 March 2009. Data was gathered on cases where the victim is recorded having a disability under the following categories; blind/partially sighted, deaf, learning difficulty, mental health issue, physical impairment, speech and other. There were a total of 145 offences reported, against a total of 137 victims.

3. There were a total of 32 sanction detections. Of those 31 offences were charged and one was subject of a caution. This gives a sanction detection rate of 22%. It is rare that a serious sexual offence is cautioned and all indictable offences must be referred to the Crown Prosecution Service for consideration on the most appropriate case disposal option.

4. There were 56 No Crimes recorded against initial classifications that fall within the offences covered in this report; 53 of these cases were for rape investigations. All classifications of No Crime for rape investigations for this period were subject to independent audit and confirmation by the TP VCD Central Sapphire Team.

5. The 145 offences are spread across all Boroughs in London, ranging from one offence recorded at Richmond upon Thames to 12 offences recorded at Southwark and Lambeth. The level of reported crime tends to reflect geographical distribution of the overall volume of sexual offences in London. There are no Boroughs that indicate a noticeably disproportionate number of serious sexual offences where the victim’s disability is noted.

Good practice within Sapphire

6. In the area of “Good Practice”, Westminster Borough have engaged with training in local Mental Health residential facilities to improve investigation of offences committed against clients. This included training on the work of Sapphire. Staff have also agreed to provide a statement of the victim’s capacity and an accompanying adult for Haven referrals. This supports Sexual Offences Examiners in assessing the necessary consent before a medical examination is considered.

Other diversity areas

Gender

7. Rape is an offence that disproportionately affects women. There has been no significant change in the percentage of males and females who are victims of the offences covered in this report. Approximately 89% of recorded serious sexual offences have female victims.

Domestic Offences

8. Of the 145 serious sexual offences covered by this report, 33 (23%) are recorded as the suspect being, or previously having been, in a domestic relationship with the victim. This percentage would equate to the average of around 25% recorded for rape offences.

Age

9. An area of concern identified in the MPS Rape Review of 2005 was the number of young people affected. The number of victims under the age of 18 years is consistently around 30%. The data gathered for this report is based on offences against people 16 years or over.

Ethnicity

10. The breakdown of victim ethnicity is recorded as follows:

• 69% were White European
• 17% were Black
• 5% were Asian
• 3% were other BME groups
• 6% were unrecorded

11. These broad racial categories differ notably for Asian victims from the London population as a whole where the breakdown is:

• 71% White
• 12% Black
• 13% Asian
• 4% other

This comparison is based on census data for the whole population of London in 2001. There may be some differences in the population at different age ranges. The offence of rape will disproportionately affect young women and the demographics of this group are not available. The issue of under representation in South Asian communities was highlighted in 2005 and has informed Haven media campaigns and the employment of the Asian Development worker.

Training

12. Since 2006 there have been a series of training days for Sapphire Investigators and Specially Trained Officers (SOITs). These have included regular input from guest speakers in areas associated with disabilities, as well as the use of intermediaries, and experiences of the criminal justice system from persons with Learning Disability and Mental Health issues. A new Sapphire Investigators training course has been established and will commence in August 2009. The course will include elements on the Rape Review of 2005 outlining victim vulnerabilities and the affects on attrition. Attendance at this course will be mandatory for all Sapphire supervisors, investigators and SOITs. In addition to this, a one off training event was organised by The University of Surrey and MPS Sapphire. This included presentations from leading academics on areas including psychiatric disorders and detainees, and improving communication with people who have learning disabilities.

The Havens

13. Improving access to all clients and hard to reach groups are priorities for the Havens Sexual Assault Referral Centres. Some 11% of clients completing monitoring forms reported a disability and 14% of clients who had a forensic examination reported a learning disability.

14. A number of steps are being taken to improve access and client care. The Havens are currently working with Respond (a charity supporting people with learning disabilities, their families, carers and professionals affected by trauma and abuse), and all Haven client information literature has been subject to revision by the Plain English Campaign. It is also appreciated that the issue of capacity to consent is a key consideration in dealing with persons who have a learning disability. The Havens have started some work with experts from the University of Surrey to consider this area.

15. In order to accommodate persons who have difficulties accessing the service, Haven staff can travel off-site to conduct forensic examinations. The team of a Sexual Offences Examiner and a Nurse/Crisis worker will take a full forensic examination kit to any venue including care homes, hospitals or clients’ homes. The need for a forensic examination is considered on a case-by-case basis. So if there are mobility issues then the potential for forensic evidence could go beyond the standard forensic guidance.

16. The Havens Communication Group is currently planning an awareness campaign for late 2009. This will include a wide range of media and access points including radio. The campaign in 2008 resulted in a rise of 100% in self-referrals and a dramatic rise in access to the Havens website.

Sapphire Specialist Advisory Group

17. The Sapphire Team work with the Sapphire Specialist Advisory Group to understand the needs of victims groups and other Non Government Organisations (NGOs). It is comprised of a number of key organisations representing the diverse requirements of specific groups, including the organisation Respond. There are also NHS consultants and psychologists on the group. Any specific advice on disability is sought from the MPS Disability IAG. During the past year the group have been provided with a number of presentations and case studies, which have enabled a better understanding of the investigative process, and they themselves have provided investigators with valuable advice. The group have previously advised on operational issues concerning victims with Mental Health issues.

London Criminal Justice Board – Rape Convictions Working Group

18. The Rape Convictions Working Group was set up in July 2006 to examine issues around the convictions rate for rape cases in London, and to identify areas for improvement to the service provided to victims of rape at each stage of the criminal justice process. The group, chaired by Dru Sharpling, Chief Crown Prosecutor CPS London, has brought together key statutory partners and Non Government Organisations (NGOs). The group has made a number of recommendations, with reference to national targets and recommendations of Her Majesty’s Inspectorate of Constabulary (HMIC) “Without Consent” review.

19. The working group’s position is that it will now:

• Prioritise the recommendations with Criminal Justice bodies and partners;
• Review the Criminal Justice Service (CJS) performance against the recommendations;
• Monitor developments and compliance against the recommendations;
• Work with the Home Office Rape Performance Group to develop and facilitate the new basket of measures aimed at improving performance across the whole CJS (to be introduced to local criminal justice boards in the next financial year); and
• Ensure that its work is aligned with the findings of the Association of Chief Police Officers (ACPO)/Police Standards Unit (PSU) stock take and visits.

There are no specific actions concerning persons with disabilities, but access to the Criminal Justice services is at the heart of the project.

Cold Case Investigations

20. The Sapphire Cold Case Investigation Team continues to lead national performance in the investigation of unsolved “historic” rapes and serious sexual assaults. The MPS Sapphire Team has reviewed over 1000 cases and has secured over 50 convictions. The team is conducting a systematic forensic review of cases from the late 1980s forwards. The team also investigates new “hits” on the National DNA Database (NDNAD) for serious sexual offences reported over five years ago. At a National level the investigation of Cold Cases is focused on DNA evidence. In the MPS, the Sapphire Cold Case Team works with the SCD4 Sexual Offences Fingerprint Team to maximize all forensic opportunities. This mirrors the daily work of the fingerprint team with Borough Sapphire Teams.

21. As some cases date back to the 1980s, there is always an increased possibility that some victims of Cold Cases will have a disability or mobility problems due to age. The team has investigated cases where the victims are now aged over 80 years old. There have been other cases where the victims have suffered psychological health problems as a result of the original attack and the lack of statutory support, such as the Havens, at the time of the original incident. Each approach to a victim is carefully risk assessed, and will only be made after careful consideration of the likelihood of a conviction by the CPS. In addition to the deployment of a local SOIT officer, the healthcare needs of the victim are considered as a priority.

C. Race and equality impact

1. The MPS is cognisant with any adverse impact or disproportionality that may occur as a result of the delivery of its services, and fully embraces the need to engage and consult with communities and their informed representatives.

2. The Cross Government Action Plan on Sexual Violence and Abuse of April 2007 recognises the gender inequality experienced through the commission of such crimes e.g. most perpetrators are men and most victims are women.

3. In addition, the MPS Rape review highlights other vulnerabilities whereby women from black and minority ethnic backgrounds, and women who have mental health problems and/or learning disabilities, are disproportionately represented in the rape victim category. The MPS recognises that we must gain a better understanding of compound discrimination issues affecting BME women and how we shape our services to meet such needs.

4. The Sapphire Standard Operating Procedures, published in 2008, were subject to equality impact assessments and consultation with key partners, including the Sapphire Specialist Advisory Group and MPS Disability Advisory Group.

D. Financial implications

1. There are no financial considerations associated with the information contained in this report.

E. Contact details

Report author(s): Mark Yexley Detective Chief Inspector TP Violent Crime Directorate Sapphire, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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