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Criminology ,investigative methods in the UK

A criminological insight into the investigation of rape and sexual offences

By NovskyPublished 4 years ago 14 min read
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The method in which the Criminal Justice System defined rape has been notably changed by the Sexual Offences Act 2003, adopted on 1 May 2004. Any sexual offences carried out before 1 May 2004, are prosecuted under the 1956 Act which defined rape as any type of intercourse, without consent ,performed by a man with the victim being either male or female . Also, the intercourse in the 1956 Act is categorized such as non-consensual anal or vaginal intercourse, not including oral sex without consent . (Cps.gov.uk, 2012 ) The term consent was interpreted by the court ,by its common signification. Furthermore, if the perpetrator considered that the victim consented ,even though the statement was unreasonable ,it was jury ‘s responsibility to decide whether the act was consensual or not . (Cps.gov.uk, 2012) Contemporarily, sexual offences perpetrated after 1 May 2004 are being prosecuted under the Sexual Offences Act 2003,which elaborates and extends on the laws surrounding consent and also amends the definition of rape by introducing vaginal or anal penetration by a penis ,as well as penetration mouth of a person. The word rape is currently defined in the legislation as ‘(1) A person (A) commits an offence if- he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents ‘ (Legislation.gov.uk, 2018)

According to research and data undertaken from the Crime Survey for England and Wales from 2009-2012, based on estimation ,0.4 per cent of males and 2.5 per cent of females claimed to had been victims of sexual offences in the previous year . This percentage illustrates on average 404,000 of females and 72,000 of males on estimation per year ,types of sexual offences ‘ranging from the most serious offences of rape and sexual assault ,to other sexual offences like indecent exposure or unwanted touching.’  (An Overview of Sexual Offending in England and Wales, 2013) According to the same report ,it was estimated that around 85,000 females on average per year were victims to serious sexual assault offences and rape by penetration whereas around 12,000 males disclosed that in the previous year were victims of the same sexual offences ,90 per cent of both female and male victims of the serious sexual offences were familiar with the perpetrator .  (An Overview of Sexual Offending in England and Wales, 2013) Evidence from the report shows that only 15 per cent of female victims of serious sexual offences reported the incident to the authorities . The above demonstrates that the likelihood of victims reporting serious sexual offences such as rape and sexual assault to the police is higher that reporting other offences, including sexual threats ,indecent touching or exposure .

Sources available in the literature of sex offences shows that the predominant reasons for not reporting different types of sexual offences included remarks such as ‘embarrassing’, or doubt in the police capability to deal with the incident ,some claiming ‘didn’t think police could do much to help’ ,others considering that the offence was ‘not worth reporting’ (An Overview of Sexual Offending in England and Wales, 2013) The Sexual Offences Act 2003 was designed to further expand on laws surrounding rape and serious sexual assaults ,as well as a preventive reform protecting children and adults exposed to higher risk of being a victim of such offences .(The Guardian, 2009)

The former home secretary ,David Blunkett claimed that ‘Change was needed to reflect the values of today’s society and offer protection against crimes which did not exist generations ago’ ,with this statement demonstrating that a reform including current sexual offences was needed ,as the previous act referred to offences committed ‘generations ago’ .(The Guardian, 2009) Media plays an important mediator role by engaging the public through representations of sexual offences on children and adults , as well as public interaction with the media, and also transferring valuable information on preventive measures on sexual offences . Furthermore , media represents a platform contributing to the review and modification of different policies ,by the portrayal of innocent victims of sexual offences and the demonization of the perpetrator ,in this way generating social perspectives and emotional responses from the community ,as well as facilitating members of different communities to act and pressurize policy makers .( Kitzinger, 2004) Sources suggest that media reports and news on sexual abuse shapes community s perception on sexual offenders ,usually profiling them with the most negative attitude in comparison ,with other offenders . ( Kitzinger, 2004)

Media involvement helps to raise awareness on preventive measures on sexual abuse, particularly child sexual abuse, through the use of campaigns such as Stop it now ! which works on preventing child sexual abuse by focusing on factors such as delivering encouraging messages to the audience ,as well as promoting help for individuals with sexual thoughts towards children . Essentially focusing on prevention of sexual abuse towards children through the engagement of the concerned public . (Stopitnow.org.uk, 2018) Also , another major campaign is th Me too movement designed to encourage millions of victims to open up and speak about sexual assaults . Tarana Burke ,founder of the campaign claiming that ‘For too long ,survivors of sexual assault and harassment have been in the shadows .We have been afraid to speak up, to say ‘Me Too’ and seek accountability.’(Burke, 2017)

In 2000, Sarah’s Payne murder heavily influenced the policy makers in developing a UK version of “Megan’s Law” known in the United States ,that would allow authorities to disclose information about local sex offenders to the public .

In contrast , other sources in the United States suggested that displaying sex offenders details publicly will result in a fraction of them not complying with certain requirements therefore the likelihood of disappearing is higher and police efforts in monitoring these sex offenders are reduced . Another aspect that was taken into consideration was revenge attacks on these sex offenders committed by members of the public . ( Fitch, 2007) However , in order to avoid and prevent the risks related to Megan’s Law , the Home Office developed a disclosure scheme which provided information about a sex offender only to the parent or guardian of the child suspected to be at risk . In contrast , Richard Garside argues that ‘Sara’s law ,which allows parents or guardians to approach the police for information about individuals they suspect are pedophiles is a tokenistic response to a real and deep problem of child sexual exploitation’ (The Guardian,2009) Fitch (2007) expanded on the risks associated with public disclosure of information about sex offenders ,the main factor reflecting vigilante attacks from the community members .

Furthermore, ‘tactics to prevent such crimes’ were elaborated by the News of the World ,which made public ‘ names and photographs of dozens of people it said had perpetrated sex attacks on children’. (The Guardian,2000) As an illustration, the case of Doctor Yvette Cloete, a pediatrician at the Royal Gwent hospital , who was a victim of these types of vigilante attacks, and for safety reasons fled her house after members of the public wrote the word ‘paedo’ on her front door ,after confusion over the terms ‘pediatrician’ and ‘pedophile’. The case of Doctor Yvette Cloete , “a valuable member of the community”. (The Guardian, 2000) further demonstrates that publicity of these cases might fuel negative public responses, resulting on attacks on innocent members of the community as well as mistaken identity . For example, the notorious case of Bijan Ebrahimi ,which was branded as a pedophile by local individuals and wrongly accused of filming children in an inappropriate manner ,however camera recordings investigated by the police didn’t provide any evidence supporting local’s opinion and he was released . (BBC News, 2013) just to be beaten to death and set on fire by locals who suspected him of being a pedophile. Through the evidence provided above this paper demonstrated the negative impact media can have on the communities by spreading fear and anxiety. As well as police responses to certain cases of wrongly accused paedophiles.

Contemporarily, the police approaches different methods when dealing with rape cases, essentially the ultimate goal being to provide the maximum level of support for victims as well as ensuring that the offender is brought to justice ,however negative responses to rape cases are frequent within the society . Firstly ,because media represents a significant role in the portrayal of the negative outcomes done by the police, which can further affect victims as well as deterring other victims in similar situations to attempt police contact . “Conviction rates for rape are far lower than other crimes, with only 5.7% of reported rape cases ending in a conviction for the perpetrator. (Kelly, Lovett and Regan, A gap or a chasm? Attrition in reported rape cases, 2005)” (Rape Crisis England & Wales, 2018) Sources suggest that the first aspect of attrition in rape cases is the failure to initially report the offence to the police, which can be due to fear of the perpetrator or failure to trust the police service.

Referring to the subject of attrition research shows that “The vast majority of cases did not proceed beyond the investigative stage” ,contributory factors in the attrition process being withdrawal by the victims ,as well as evidential problems ,such as lack of clear account from the victim’s side and mental health problems .  (Osborne, 2006) Stern’s(2010) report on sexual offences ,claimed that only 58% cases that go to court actually result in a conviction ,the 58 percentage including both cases of rape and sexual assault , the other cases failing conviction due to reasons such as lack of evidence to prosecute, the victim decides not to take the case any further due to fear of the offender, which results in the withdrawal of the complaint ,or the case is presented in court and the offender is acquitted, or not trusting the police.(Osborne, 2006)

The case of John Worboys exemplifies police’s lack of efficiency by not taking the crime seriously when one of the first victim reported it . The police was heavily criticized by the media and public members for the response or lack of appropriate response to the case . In 2009, he received a sentence of indefinite period, for attacking and raping several women in his cab. It was suggested that lives of the victims were damaged ,due to police lack of prompt response in the first incident , however ,officers who investigated the case were ultimately disciplined . Legal representatives had also criticized police actions when dealing with the rape case of a young female ,who was sexually abused, ultimately being forced into prostitution ,as the police response was not efficient enough in providing the necessary assistance the teenager required at the time.

Sources claimed that “In 1980’s one in every three complaints of rape ended in a conviction .Today, it is one in twenty” further emphasizing on the fact that improvement on convicting rapists is necessary ,as some of them are getting away, in this way justice for the victim not being served.(News.bbc.co.uk, 2007) In response to these negative factors the police service faced, as well as lack of appropriate training in dealing with victims of sexual assaults ,The Sexual Offences Investigation Team (SOIT) was established ,which was formed of well trained police officers qualified in interviewing victims of rape and sexual assaults in order to minimize the psychological effects and also gathering the evidence needed, without causing any further distress and negative impact on the victim . (Met.police.uk, 2018)

In the event of a rape case , the SOIT officer should focus on arranging an appointment for a forensic examination in one of London’s three Sexual Assault Referral Centers ,also referred to as the Havens , ‘whose core function is to provide forensic medical examinations for complainants of sexual assault.’ (Rook and Ward, 2008) One aspect that should be considered in improving The Havens effectiveness in the process of rape cases is to focus more on developing an efficient way in dealing with victim’s emotional and psychological impact as “each Haven is different ,but none provide a comforting physical environment, despite the warmth and professionalism of their staff.’ (Rook and Ward, 2008) Also, another significant focus should be training first responders to the offence on how to communicate and approach victims with caution, as “the way first responders and SOIT officers communicate with complaints may profoundly influence their choice”, this further illustrating that initial contact with victims is essential in the rape investigations and failure to deal with the initial account of the offence ,can lead to a unsuccessful prosecution .(Rook and Ward, 2008)

However , sexual violence welfare institutions and the Metropolitan Police are developing measures in tackling rape and urging victims to report sexual assaults ,as an example by creating campaigns, such as the recent All is Not Lost campaign ,which encourages victims to come forward and report the crime regardless whether it happened long ago or if it was a recent sexual assault , also this campaign promotes the importance of forensic evidence suggesting that securing forensic evidence is a significant aspect in prosecuting successfully the offender, therefore this is a significant improvement . Also , development in terms of the initial responders to the incident is currently taking place as well ,such as training for call handling in an efficient manner ,officers are being specially trained ,as well as spreading awareness of the importance of evidence kits and how to use it .(Rook and Ward, 2008)

Existent literature shows that male rapes and sexual assaults are most likely committed by other men ,solid empirical evidence suggests the presence of male sexual victimization perpetrated by women .(Rook and Ward, 2008) According to some sources ,stigma and negative beliefs surrounding male sexual attacks committed by females is recently sparking academic interest for research. Currently ,the legal definition of rape has been refined ,however evidence suggests that the current legal definition of rape is gender biased .As a result of that ,legally defining rape ,according to the Sexual Offences Act(2003) ,characterizes that rape can only be committed by male perpetrators ,as it mentions that penetration has to be by a penis in order to legally be considered as rape .

Even though the current legal definition of rape accepts and includes the rape of men ,disproportionately is biased referring to the offender gender. Therefore the concept of rape perpetrated by females is not accepted and recognized . According to the existent literature ,sexual acts committed by females are defined as sexual assault or assault by penetration. In spite of that , the assault by penetration is defined legally as ‘A person (A) commits an offence if— (a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b)the penetration is sexual, (c)B does not consent to the penetration, and (d)A does not reasonably believe that B consents.’ (Sexual Offences Act 2003, p. 2) , evidently this definition assumes that the penetration is committed by a male . Moreover, legally referring to sexual assault is defined as ‘A person (A) commits an offence if— (a)he intentionally touches another person (B), (b)the touching is sexual, (c)B does not consent to the touching, and (d)A does not reasonably believe that B consents.’ (Sexual Offences Act 2003 , p. 3) ,similarly with the assault by penetration legal definition , the perpetrator is described as a male . Although ,sexual victimization of males conducted by females is a subject recognized amongst academics and other institutions conducting research , the current legal definitions of sexual offences are pointing to gender bias ,by using specific words describing the male gender .

As an illustration ,as shown above ,the legal definition of sexual assault and assault by penetration, includes the notion of ‘he’ as a description of the offender, demonstrating that the use of these gendered terms suggests that only males can perpetrate such offences . In summary, the police responses to rape and sexual assault cases are improving ,especially by encouraging victims of rape to take the decision to report the crime . Also, successfully prosecuting the offender is very important ,but also ensuring that victims of rape are given the required support and protection is equally important, and according to some sources achievement of these objectives is limited by the current resources and arrangements the police has . (Rook and Ward, 2008) Also, is equally important when dealing with a sexual offence case ,that police forces and SOIT officers ,as well as the Havens should recognize the gender bias phenomenon and deal with it appropriately.

It is essential that male victims of sexual offense ,are encouraged to seek the support needed ,without feeling the pressure of being stigmatized . Therefore is equally important that these institutions are aware of male sexual assaults and do not promote negative approaches such as gender bias stereotypes or rape myths and promote beliefs of reassurance that such cases will be treated and approached with sensitivity ,in this way encouraging male victims of sexual assault to come forward .

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