Handbook on Sexual Violence (29 page)

Developments in investigative approaches to rape: the investigative
heritage
1

Miranda A.H. Horvath and Mark Yexley

Meet Miranda Horvath

Dr Miranda Horvath is a Senior Lecturer in Forensic Psychology at Middlesex University where she is developing Forensic Psychological Services (
www.mdx.ac.uk/FPS). Her PhD (2006) investigated the role of alcohol and drugs in rape. The greater part of her research is focused on sexual violence, working from an applied social psychological perspective using data from the police and sexual assault referral centres. She has both published and presented in a range of arenas including international peer-reviewed journals and national and international conferences. She has recently co-edited a book,
Rape: Challenging Contemporary Thinking
(Willan Publishing 2009), and co- authored a book,
Understanding Criminal Investigation
(Wiley 2009). Her current research interests include multiple perpetrator rape and the links between men’s use of ‘lad’s mags’, their attitudes towards women and paying for sex. She is an Associate Editor of the
Journal of Sexual Aggression
.

Meet Mark Yexley

Mark Yexley retired from the Metropolitan Police Service in 2011 with the rank of Detective Chief Inspector. He now works as independent consultant on investigation, criminal justice and health partnerships. Mark joined the Metropolitan Police Service (MPS) in 1981 and before retirement led the Sapphire Cold Case Investigation, Partnership and Improvement Teams dealing with rape and serious sexual violence. He was the Chair of the Strategic Board for London’s three Haven sexual assault referral centres. During his 30 years of service he worked in central, south and west London and has experience in the investigation of homicide, sexual offences and child abuse. He also worked on the Racial and Violent Crime Task Force, leading a

team managing strategic intelligence and innovative responses to tackling men of violence. He has been commended for his work in investigating serial sexual offenders. Mark’s teams have won the National Justice Awards for partnership in cold case investigation and the Havens. In 2009 Mark was a commissioner of the Wake Up to Rape Report and the 2010 follow-up
Where is Your Line?
film. These examined public attitudes towards sex and consent. They were released in 2010, receiving international attention.

Introduction

This
chapter will provide an account of the many changes in police investigative approaches to rape since the early 1980s. The Handbook editors’ desire to bring together academics and practitioners provided us with the unique opportunity to integrate a police officer’s ‘on the job’ experience investigating rape over the past 30 years alongside the academic literature. In outlining the developments in rape investigation we will focus on innovations that have made the most difference to day-to-day policing including:

specially trained officers (STOs);

advances in DNA technology;

sexual assault referral centres (SARC); and

cold case work on sexual offences.

We will provide examples from actual cases
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and we do not seek to be exhaustive: the focus will be on England and Wales and on adult victims (female and male). Further, as we are focusing on police data and procedures we will use the terms they commonly do: victim, i.e. a person reporting a sexual assault to the police; and suspect, i.e. someone who has been arrested and is the subject of police enquiries.

Combining the experiential and academic approaches means it is necessary to give some context for our relationship. We have worked together since 2007 when we met in an advisory group for Project Sapphire (the Metropolitan Police’s specialist sexual offences investigation team); subsequently Mark facilitated access to data for research projects Miranda was conducting.

Many of the early changes in responses to rape within the police were brought about by the actions of a handful of officers, in response to the embarrassing publicity resulting from a Roger Graef TV documentary. Among the officers were Thelma Wagstaff and Ian Blair (Rock 1988). Mark was at Hendon Police Training School when the Roger Graef documentary
Police
was screened. It was required viewing for new recruits in the process of being taught textbook ways of managing initial investigations and reporting crime. The series was one of the first ‘fly-on-the-wall’ programmes showing the workings of the ‘real world’, in this case the Thames Valley Police Force. None of the young recruits then could have known the impact that the series would have on the investigation of rape. One programme detailed the severe questioning by male detectives of a woman reporting a rape to police, despite the fact that at the time interviewing of women was typically seen as being the

preserve of women police constables. The television programme and subsequent public outcry led to acknowledgement within the police service of the need for specialist trained officers investigating serious sexual offences. The reaction from women’s interests campaigning groups included a joint publication, authored by Ruth Hall, in 1985 by the Women’s Aid Federation and Women Against Rape entitled
Ask Any Woman
which suggested detailed requirements for improving police procedures in the investigation of rape. Additionally there was an influential report from a working party of the Women’s National Commission (1986). The Home Office responded by producing a number of circulars on rape investigation and prosecution (1983, 1986), the first of which was couched in somewhat vague terms because the officials had insufficient time to select examples of good practice.

Specially trained officers

The Metropolitan Police Service (MPS) responded to the Graef documentary by starting the first specialist training courses in October 1984. In the MPS the term sexual offences investigative techniques (SOIT) trained officers is used but most national policy uses the alternative terminology specially trained officers (STO) which will be employed in the remainder of this
chapter. The MPS course lasted for five days and concentrated primarily on victim care and the need to obtain a detailed witness statement.

The original SOIT course mainly focused on the taking of extensive notes and completing a comprehensive victim statement. Officers were also trained on forensic packaging, cross-contamination of exhibits and discussing the taking of relevant samples with the forensic medical examiner (FME). Officers were also given guidance on preparation for giving evidence in court.

Over the years, the MPS STO course has been developed and extended. It is a challenging ‘pass or fail’ course and STOs are recognised by the service as being among the best statement takers. Officers who completed the earliest STO courses report how invaluable the course was throughout a detective career. The course enabled officers to obtain the best information while being mindful of forensic opportunities (Metropolitan Police Service 2009b). In 2002 the course was lengthened to cover the provisions of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 (dealing with special measures and questioning of a witness about previous sexual history). STO officers were also trained on the services of sexual assault referral centres and the work of dedicated rape investigation teams.

In April 2008 the STO course, now run by the Crime Academy at the Hendon Police Training School, was extended to 20 days following the enactment of section 17A YJCEA 1999, allowing visually recorded evidence to be used as evidence in chief (Yexley 2008). The requirement to record an accurate written statement is still an essential element of the course. In addition to the interviewing and technical aspects to the training there is clear focus on victim care and officers are taught about the effects of trauma on victims and families. At a national level the training of STOs is delivered through modular training designed by the National Policing Improvement

Agency (NPIA). The training of investigators within England and Wales is set to the Professionalising Investigation Programme (PIP), which is jointly sponsored by the Association of Chief Police Officers (ACPO) and NPIA. The aim of the programme is to ‘improve the professional competence of all police officers and staff who are tasked with conducting investigations’ (
www.npia.police.uk). PIP ensures that investigators and managers are trained to set standards and maintain those skills throughout police service. It would cover the investigation of volume crime through to the management of major investigations. Box
5.1 provides a brief summary of the programme offered by the NPIA for sexual offences.

The role played by the specialist officer is now recognised as most important to rape investigations. Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) report highlighted this as pivotal: ‘The role of the STO is key – STOs are a vital and integral part of the investigation team’ (HMCPSI 2007: 55). Their skills are seen as critical to the investigation of serious sexual offences. In a 2005 review of 677 rape investigations in London the work of STOs was identified as ‘best practice’ in investigation, specifically: ‘a victim- focused ethos must be at the core of each investigation. Repeated close contact is proven to reduce attrition, while meeting victim needs is central to reducing victim withdrawal from investigations’ (Stanko
et al
. 2005: 31).

Box 5.1
. National Policing Improvement Agency (NPIA)

Sexual Offences – Specially Trained Officer Development Programme (PIP Level 1 Specialist)

This programme sets out the performance-related outcomes for practitioners selected to:

• provide an initial response in serious sexual offence allegations
  

• co-ordinate forensic retrieval from the medical examination
  

• conduct interviews with sexual offences complainants and
  

• co-ordinate support for sexual offence complainants.
  

Source
: http://www.npia.police.uk/en/10173.htm

Rape investigative practice

When a report of serious sexual violence is made, current national police guidance is that an STO should be deployed as soon as possible. Within London, the Sapphire teams aim to deploy an STO to a victim within one hour of the initial report to police (Metropolitan Police Authority 2009). When the STO is called to the initial report of a serious sexual offence their protocol ensures the victim receives any required immediate medical care, provides for their safety, establishes the nature of the incident, takes details of the suspect (including initial description and possible location), finds out where the

incident took place and what the victim has done in the time since. Additionally, the STO establishes whether anyone else has been told about the incident and whether there are any witnesses to the events or time leading up to or after (Rights of Women 2008). The STO then arranges medical examinations and secures forensic exhibits such as clothing. The STO is responsible for conducting interviews with the victim, which could be in the form of a written statement or a visually recorded interview. The Crown Prosecution Service (CPS) and ACPO policy states: ‘All victims’ statements, whether in written form or visually recorded, will be taken by a police officer trained in sexual offence investigative techniques’ (CPS 2008a). STOs are the vital link between the investigating officer (IO), senior investigating officer (SIO) and the victim. Figure
5.1 shows the process for victims who report to the police and the role of the STO. As can be seen the STO should remain attached to the case until the conclusion of the investigation or any subsequent court proceedings.

The initial response of all police officers is crucial, but the need for an STO to make early contact is essential. This matters whether the victim reports a case immediately to the police or the attack had taken place some time before. As the recent Stern Review
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states: ‘It is critical that the victim’s first encounter with officialdom is sympathetic and professional. Because this encounter is so

important, it has been a focus of substantial changes in police practice. Efforts have been made to ensure that the person reporting a rape is dealt with by a police officer with special training, whatever time of day or night the rape is reported’ (Stern 2010: 63).

The STO will be responsible for informing the victim about options for forensic medical examination and how a statement will be taken. Often, a victim expresses concern about giving evidence when providing the initial report (both the first time they speak to the police and the first ‘official’ written report taken by on officer), thus the officer needs to have a good understanding of the legal process. An assessment is needed as to whether it would be preferable to take a written statement from the victim or to visually record the interview. CPS guidance indicates that ‘the police will not make an automatic decision to visually record interviews with complainants. Decisions will be taken on a case by case basis following receipt of the witness’s views which should be obtained following a full explanation of the available options to include the advantages and disadvantages of pre-recorded evidence’ (CPS 2008: 2–3).

In addition to the legal aspects of the case the STO is there primarily to ensure the health and welfare of the victim. STO officers provide support and ensure that medical advice is sought from the outset of an investigation. They will arrange for the forensic medical examination to take place, if this is appropriate to the case.
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In London the forensic medical examination would take place at a sexual assault referral centre (SARC).
5
The victim is taken to the SARC and responsibility handed over to the sexual offences examiner (SOE) and crisis worker (for more detail about the international variations in treatment see Rebecca Campbell’s Chapter
21 in this volume). Generally

within the UK the SOE will be a doctor; within London they will always be females who have followed a career in medicine, gynaecology or family