Sexual Assault Won't be Prosecuted

[GlitterBelle]

Some years ago I was sexually assaulted by a massage therapist. I was so upset and embarrassed, I didn't report it at the time.

I kind of blocked it from my mind, but the massage therapist I see now happened to mention him. (I have chronic pain, and need regular massage for medical reasons, not just for fun.)

She had tried to book an appointment with him some years before, and he'd responded to say he couldn't see female clients, and gave her the name of another therapist. She was then speaking to another therapist, and they told her he had a reputation, and had been banned from seeing females.

Anyway, she had then had heard from him again recently, asking to book an appointment for her to massage him at her home. Luckily, now aware of him, she declined.

This all came up in conversation, and it made me realise I really should report it. Even if he wasn't seeing other female clients, he could be assaulting other massage therapists.

So a few weeks ago I reported it, and made a statement. The officer had him in for questioning a few days later, and he brought a solicitor with him. He denied everything. She told me pretty much everything he said, and that the solicitor kept asking why it taken me so long to report it.

At the time I also asked the officer who had banned him from seeing females. There isn't a massage therapist body, apart from ones people can choose to join. However I would assume they would just remove someone from their register, rather than say they couldn't see females.

The officer told me she couldn't tell me anything about him, or if others had reported him for data protection reasons. (I understand about the details, but is a yes/no breaking data protection?)

That's the background, and I'm finally getting to the point!

Today the police officer phoned, and told me the prosecution service have declined to take it court for two reasons. One is lack of evidence, and that it's my word against his. The other is a reason she can't tell me due to data protection.

She's mentioned she can't tell me everything a number of times due to data protection, and I find it quite confusing. Why was she able to tell me what was said in the interview, but not who has banned him from seeing females?

She then said in the phone call today he hasn't been taken to court, and hasn't been told by the court/police he can't see females. So what an earth could the second reason they won't prosecute be?

This isn't a complaint about the police officer - she's been lovely, and is really angry they won't take it further. She's sent me details of how to appeal if I wish.

She's said that they have to give me reasons for declining to prosecute, but as it clashes with data protection - she's not sure how much they'll tell me. I just can't think what reason it could be?

[GlitterBelle]

Also, I'm fully aware there are other victims, I just don't know how to find them.

The officer said he will get a letter saying they aren't taking it further at this point, but will if there is more evidence. (i.e. someone else comes forward).

[CripesItsTheGasMan]

I'm really sorry this happened to you. How awful I can't think of a reason but wanted to keep this active so someone can come along shortly.

I'm in the industry myself and have been assaulted by clients (all male).

If other victims hear that you've reported then that may encourage them to report too .

[Scarletohello]

I'm sorry to hear this, it's sadly very common as the CPS won't take a case to court unless there's a realistic chance of conviction and when it's just one person' s word against another, it's highly unlikely a jury would convict.

This is exactly the reason why it's important that these cases get in the media because if it's happened to you, you can be damn sure he's done it to other women and they may well come forward.

How has this affected you, OP?

[Toohotforfishandchips]

The legal system relies on hard evidence being available. If just one person makes a complaint it is one person v the other. It is still very very important that you reported it and have a statement. If more come toward then it may become several v him etc

[Namechangearoonie123]

You did a great thing reporting it and you should be very proud of yourself. It all helps build a picture.

[Toohotforfishandchips]

I work in legal enforcement and it can be very frustrating. I have been on the other end too. It's incredibly frustrating that you know other victims exist but can't find out who they are

[GlitterBelle]

Thanks very much everyone.

Just to be clear - I completely understand why they haven't taken it further. I understand one person years later reporting something with no evidence isn't the best case. And if that was the only reason, I'd just be moving on.

It's the fact the officer keeps saying there is a specific other reason they can't take the case forward, although she'd argued with the barrister who reviewed it for ages, and she can't tell me what due to data protection.

I know no one here can possibly know, I just hoped someone who knows the way it works may be able suggest possible examples, as it's driving me a bit mad!

The officer talked me through appealing it on the phone, and has sent me information by email, and has said it's possible for the police to appeal and she's talking her bosses about this, as she thinks it's in the best interest of me and the public.

So she's obviously annoyed about whatever the reason is.

I guess if I understood the reasons fully, it would be easier to move on.

[GlitterBelle]

CripesItsTheGasMan - I'm so sorry to hear that. The problem is I don't know how to reach other victims, I wish I did. I know there are others for a fact, but it's all through others who can't remember who/contact them.

Scarletohello - Thank you, yes, I do understand that. When I first contacted the police I actually assumed others would have done too, and I'd be backing their case up kind of thing. I don't know if you mean me go to the press personally, which I wouldn't, but I do think all the recent press about past abuse cases coming forward has made more people come forward, which is great.

Toohotforfishandchips - Yeah, the police officer said she was very frustrated about it. It must be really difficult from that angle, when you believe the person, and there's nothing you can do.

In some ways, selfishly, I'm relieved. Again, when I reported it, I was just thinking I'd be backing up others, not having a whole court case myself. But then I thought well, I'd have to go through it, I'd reported it now.

However the officer said one thing the barrister said, because there isn't evidence (either way), and it's just my word - his legal team would probably focus on me, and pretty much rip me apart, ask about my sexual history, etc. She said I'd be likely to get special measures as I'm disabled, but it wouldn't stop them going for me.

[GlitterBelle]

Scarletohello Sorry, I missed your question. I'm not really sure how it's impacted me. I wouldn't see male massage therapists for years, until I had to last Christmas as no one is available. He turned out to be lovely, and I realised I was being wrong judging a whole group of people based on one person.

Funnily enough, he had a client years ago who didn't want to see a man, was really uncomfortable coming to see him, and after awhile admitted it was because she was assaulted by this same person. However, he lost contact with her, so I can't track her down.

I feel guilty I didn't report him at the time, but to be honest - it probably would have been the same outcome, my word against his.

[concernedaboutheboy]

Could it be that they are already preparing to prosecute another case against him? That might explain why they can't take action on yours now.

[GlitterBelle]

Well, she said if another victim came forward they'd probably take mine forward, so one assumes if there was already a case I'd be added to it?

[Lally112]

The data protection bit could be to do with another case pending against him. You may not have been added to another case against him of one exists because they may not have permission to add whats called 'similar fact evidence' in court aka the person has a history of the same thing they are being accused of and CPS present evidence or testimony from the past in court.

[FuckTheMagicDragon]

Even though it hasn't gone forward at this time what you have done is both brave and more than likely will help to stop him doing it again, or ensure there is a greater chance of him being prosecuted and convicted in the future. Well done!

And I bet it has scared the living daylights out if him. Let's hope he never gets another good nights sleep again.

[GlitterBelle]

Okay, thanks for your thoughts. Maybe there is another case.

FuckTheMagicDragon - thank you. I hope it has scared him, and stops him doing it again.

[GlitterBelle]

A little update - I put in an appeal. The police officer suggested I did this, as they're obliged to explain their reasoning. She hoped they'd be able to tell me what she couldn't.

It was about a week late, as I've been bedbound from the condition I have, which does tend to react to stress, but they accepted it anyway. I put in the email I was aware it was my word against his, but I believed there was another reason, and could they explain it.

CPS responded the next day, they completely ignored the 'other reason'. I'm actually quite cross with their response - it's a bit victim-blamey. It says I didn't confront him at the time (no, sorry, I didn't sit a man down, when I was undressed in his house alone, to discuss his sexual assault.)

It also said under interview he gave a plausible reason for doing what he did. (There's a plausible reason for sexual assault?!)

There was a lot more to the letter, but there were things they got wrong, or misconstrued, and brought it back on me.

So all in all, not impressed at all. I forwarded the letter to the police officer, as she wanted to know what they told me if I didn't mind, and she's said she's unhappy with what they've said, and the way it must have made me feel. She said they obviously can't tell me the other reason either, so have focused on the other reasons.

Again, I totally accept there is no evidence, and it's my word against his, but the way they've worded it is pretty awful. I can't imagine how rape victims deal with it.

However, the police officer has been lovely, and really helpful. I'd like to put in a compliment about her, but not sure who to send it to? I did tweet the station, but no response.

I have another right of appeal. I understand it's not going to court, just would have been able to move on better if I fully understood everything.