When privacy is prioritised over protection
How a drug rape victim took on the police to help them get their priorities right
After being drugged and raped by a stranger, “Paula” was left with a fear that if the man identified as her rapist walked past her in the street, she would not know who he was.
Paula had reported the attack on her to the police, but was in the dark as to who had attacked her. The police collected forensic evidence which led to the suspect being identified through his DNA evidence. He was arrested, charged with rape, and initially held on remand. However, he was subsequently released on bail with a tag.
Paula asked to be shown an image, so she could recognise her attacker if he approached her as he knew where she lived and what she looked like. She became terrified he could approach her, or worse still, attack her again, and she would be unable to recognise him and take steps to protect herself.
When Paula asked the police to show her an image of the perpetrator, they refused stating that this would breach her attacker’s rights i.e his right to a private life. The effect on Paula was devastating, she was left in a state of terror and extreme anxiety, wondering whether any man she encountered on the street could potentially be her attacker.
Paula approached Centre for Women’s Justice (CWJ) for assistance. An urgent ‘Letter Before Claim’ was sent to the police reiterating the request that they show Paula an image of the perpetrator and threatening High Court action if this was again refused.
The police’ lawyers maintained their refusal to show Paula an image. However, in their response, they were unable to point to any relevant police policy or guidance to inform their decision. Fortunately, following further pressure from CWJ, the police finally agreed to let Paula attend the police station to view an image.
“Being able to finally put a face to the person responsible for what happened to me was an incredibly significant and emotional moment. For someone who has experienced an attack, the journey can be filled with fear, uncertainty, and difficult emotions. No woman should feel isolated or powerless after experiencing an attack.
“Women who experience violence or abuse should never feel that they have to face the aftermath alone. They need access to compassionate legal representation, emotional support, reliable information, and people who are willing to stand beside them and speak up when they may not have the strength to do so themselves.”
Paula’s case had a positive outcome, but it should not have taken urgent legal action to get there. With the rise in drug assisted sexual assault of women, a technique used by rapists to impair their victims’ ability to consent or resist and crucially to impair their ability to both remember the sexual activity and the rapist’s identity, we remain concerned that the lack of clear police guidance on this difficult issue could allow concerns about complaints by perpetrators, as happened here, to override the police’s duty to safeguard victims.
Centre for Women’s Justice are calling for some formal police policy or guidance in this growing area. This would ensure that the police properly understand their obligations and that other already traumatised women do not need to go through months of anguish and stressful legal action.
Note: Paula was represented by Ugo Hayter, Senior Solicitor and Mahnoor Rashid, Assistant Solicitor at CWJ.