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Police pay compensation to victim of sexual assault for failures in investigation – December 2009 |
Cambridgeshire Police have recently made an out-of-court settlement of £3,500.00 to a woman who complained about the way investigations were carried out after she lodged an allegation of sexual assault.
The 38 year old woman was sexually assaulted in her home and then forced to a cash-point and made to with draw cash by her attacker, received the payment along with a letter apoligising for any distress or anxiety caused by the incident. A spokesperson for the force stated that an officer had been disciplined for their failure ‘to investigate (the) matter expeditiously’ and another was spoken to as it was felt that their record keeping was found to be ‘wanting’.
The incident was reported in December 2005 however it became apparent, in February 2006, that officers had not looked into her case. As a result vital CCTV footage from the bank had been erased.
The claim was brought under Article 3 of The Human Rights Act – the right not to be subject to inhumane and degrading treatment – and is the first time, as far as is known that The Human Rights Act has been used to hold the police accountable for failing to act in a thorough and proper manner.
As the claim was settled out-of-court, other courts or police forces are not bound by it in similar situations but it is hoped that it will be a shot across the bows to all police forces and a warning that if they fail to investigate a matter thoroughly there can be repercussions.
This is, I feel, a matter of particular relevance to victims of drink-spiking who often find themselves not believed by the police and whose reports are marked down as ‘non-crimes’; it is worth noting that the claimant in this matter suffers with a bi-polar disorder and this may be why her complaint was treated in such a lax fashion.
If any victim of a suspected drink-spike feels that the investigation into their claim were carried out in such a way as to prejudice the chances of an arrest or conviction then they may now be able to seek compensation for the distress caused by such.
Mike Massen – Gartons Solicitors
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www.gartonsolicitors.co.uk
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