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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to ask how to make a complaint about police? Is there an ombudsman?

98 replies

myoriginal3 · 06/04/2017 16:08

Basically, my report wasn't investigated. I've spoken yesterday and today with the police who were involved and they are saying I was 'unwilling' to assist police with their enquiries.
They are getting a DI to ring me. That's nice.
They are arse covering.

Do I need to go through the ranks or is there a police ombudsman?

For background, I was a victim of crime and they knew who he was (or suspected in their words) but they didn't arrest him because I was not well enough to go through a video interview. Less than a month later he committed a similar crime.

They have told me that I was UNWILLING to assist the police.

They are having a Detective Inspector call me - God only knows when.

Is there somewhere out of their ranks I can initiate a report?

OP posts:
tabbymog · 07/04/2017 13:06

Don't speak to the police about this, please; they'll take it was a warning that you're going to complain and they'll make sure their stories match. If you need info from them before you complain, write and ask for it. They'll ask you if you're considering a complaint (they did with me) and I said all I wanted was the names, ranks and collar numbers, which I got.

If you don't get any satisfaction at the first two levels, Women's Aid might be able to point you to sources who could give you some financial help, maybe even a solicitor who would do the work pro bono. 'Pro bono publico' means 'for the public good', not just free. It's rarely done these days, unfortunately, but exploring the possibility doesn't cost anything, You've gone through an awful experience and I'm sure we're all rooting for you.

Hugs from me.

duxb · 07/04/2017 13:12

I feel for you, what's happened is awful however if they required video evidence as part of protocol and you were unable/unfit to do so then perhaps they can do.

You're stating you've vomitted today due to thus thread. You started this thread as opposed to just using google or calling the police hq to find out where to direct your complaint too.

Perhaps his second victim did complete the required video interview and therefore allowed then the warrant.

Is it flawed? Yes. Is it awful? Yes.

But perhaps don't open a discussion on a public forum, where the daily mail regularly pick from for online articles when it's been too emotionally distressing for you to comply with the police investigation. That's not on (and if the case hasn't gone to trial yet could also impede on the outcome)

WombatStewForTea · 07/04/2017 13:14

OP this thread is not identifying to you but it is for the man who raped you. I'm sure that is your intention but be very careful. A quick google and I know his name and that he has a string of rape allegations going back to at least 2010.

myoriginal3 · 07/04/2017 13:25

What is your point Wombat? He is searchable. Nothing I can do about it. I've not given his name.

OP posts:
duxb · 07/04/2017 13:36

OP if you want to whistleblow re the investigation and potentially jeopardise any investigation by allowing him to be identified on a public forum then just go to the press directly. Or post it on twitter.

I genuinely feel for you and what you've experienced however this is not the place. At all.

duxb · 07/04/2017 13:43

I want to reiterate that a quick google search using the buzz words you've provided links to a number of articles where the accused name, residence and the fact he suffers from mental illness are all listed, along with a photograph.

I have reported your post.

If you have an issue with the police conduct, report that to the correct body.

RayofFuckingSunshine · 07/04/2017 13:49

I would suggest you give Rape Crisis a call OP. You've been through a horrific trauma and you are quite rightly looking for some support from the people you are supposed to be able to trust - the police. Which you haven't received appropriately. I don't believe they could have done anything without the video statement as it is absolutely necessary, but this has still been handled badly.

I have however reported your thread. There is a huge amount of information here that could cause issues with any legal action that you take, or that the police take against the perpetrator.

tabbymog · 07/04/2017 14:08

Is it illegal to publicly identify someone charged with rape? Can someone quote me the statute if so? I have to rush out but a quick search hasn't turned up anything that says it's illegal.

It was, very briefly, illegal years ago because a parliamentary drafting error put a comma in the wrong place, but parliament soon put that right.

If the law is still as it's been for donkey's years, then identifying someone charged isn't a problem, or reportable to Mumsnet HQ.

I really don't know the answer.

RayofFuckingSunshine · 07/04/2017 14:17

'Anyone commenting about a case or defendant in a way that could prejudice a trial could be prosecuted for contempt and imprisoned.'

Old article, but explains it fairy well.

www.bbc.co.uk/news/uk-25210867

myoriginal3 · 07/04/2017 15:29

What 'case'? A little knowledge.....

OP posts:
Megatherium · 07/04/2017 16:04

It's not true to say that the onus is not on the victim to aid prosecutions in other crimes. In any crime where by its nature the victim is the only or main witness, e.g. domestic assaults, it's unavoidable - it's just a reality that you stand no chance of getting a jury to convict otherwise.

Grayelephant · 02/05/2017 01:41

A jury would have to be SURE of his guilty before they could convict him, and the prosecution has to prove that - he doesn't have to prove his innocence, for this or any other crime.

Given that the only two people present when this happened were you and him, the evidence you give is the most crucial part of the case. It is very unfortunate that you were not well enough to do the video interview, but without an in depth interview with you - usually by video, but no always, then they simply wouldn't have enough evidence in the case. Bruises do not prove the case, but your evidence might.

One of the reasons why its usually done by video is to reduce the amount of time you'd need to spend in Court - as some of your evidence could given by playing the video. It also means the jury would see your demeanour much nearer what happened, so they could assess you better (ie you may look more upset, and less nervous as you wouldn't be in Court). Its a way of you giving the best evidence possible, and making things easier for you.

Yes they could have sent the file to the CPS as it was, but nothing would have happened without a very detailed account from you. Your evidence is the case essentially.

dinosaursandtea · 02/05/2017 05:24

MNHQ, can we please have a trigger warning in the title?!

OrangePeels · 02/05/2017 06:30

To be able to proceed and investigate a crime the Police require evidence that the crime has taken place. The main evidence of the crime against you comes from you. Without a statement the Police have no evidence that a crime has taken place. It isn't possible for the Police to go to CPS without a statement from the complainant - that is you.

A statement can either be written or done as a video. if you provide a written statement then you lose your entitlement to "special measures" which is why you were offered a video interview.

"Special measures" are offered to anyone who can be deemed vulnerable such as a child, those with special needs or those that are a victim of a crime where special measures are deemed appropriate.

The "special measures" process means that it can be requested that if the case goes to court that you can give evidence behind a screen or via video link etc. Giving a written statement denies you these measures.

I sincerely doubt it has anything to do with you being Irish and very much the fact that you state you are not well enough to give your statement.

You have told them a first account and shown them bruises. that is simply a first step. They need a full statement from you before they can proceed further. Once you feel able to provide a video interview they will be able to proceed with your case.

Complaining at this point would only lead to the inspector asking you to provide a statement/video interview so they can proceed with your case. You have already said you are not well enough yet. therefore, what actions do you think the Police can take? What do you hope to achieve by complaining about the Police?

I would suggest you speak to your officer in case and discuss exactly what needs to happen next to proceed with your case and assess when you feel you will be able to provide the evidence that is needed.

OrangePeels · 02/05/2017 06:34

As for if it was a burglary - yes the police would require a complainant statement to complete their investigation. They would examine the house, dust for prints, check entry and exit points, do enquiries into missing property, house to house enquiries and any other relevant enquiries. BUT, without a statement from the complainant they would not have a case.

WhatToDoAboutThis2017 · 02/05/2017 06:49

I'm sorry for what you went through, it's truly horrific, but the police have done no wrong here (nor do I believe the process is wrong, either).

You might want to look into the counselling; good counselling really is anything but bollocks (but it really does only work if you put the effort in).

Flowers
picklemepopcorn · 02/05/2017 06:59

It does seem wrong to me that someone's statement that there was no consent is not enough, even when their body is marked and swabs have been taken, that it still needs to be videoed.

Original maybe your testimony is still going to help to put him away, even if it couldn't be enough on its own.

I understand your rage. You were very brave to report it, and they didn't act on it. He has done it again.

WellErrr · 02/05/2017 07:11

I remember another thread about this myoriginal. IIRC your attacker was very identifiable and the police seem to have really fucked up.

I'm so sorry this happened to you Flowers

MrsNuckyThompson · 02/05/2017 07:17

The police can't just arrest people on your say so. If you were not able to do the interview what evidence did they have? Do you expect them to keep a case open indefinitely just in case you change your mind?

Sodor · 02/05/2017 07:39

MrsNuckyThompson whilst that may be the case, maybe a little compassion wouldn't hurt you here.

19lottie82 · 02/05/2017 07:44

I wouldn't waste your time. I made a complaint once too and they made all sort of promises that would happen if I closed it out. I did and they didn't. Shock horror.

You won't win basically.

Lostwithinthehills · 02/05/2017 08:17

I despise police. (All 100,000 of them?)
Fuck the lot of them.
Did you feel like this about the police before you were attacked and came into contact with the officers you reported it to?
I am not placing blame on you but I'm sure that it is much easier for the police to investigate an allegation of a crime if the victim is willing to work with them.

I suspect that the police are bound by quite strict procedure and protocol in the investigation of rape and that it isn't necessarily the fault of the individuals conducting the investigation into the attack on you that they haven't been able to make more progress. I am sure that the CPS (barristers?), who make the decision about whether a suspect can be charged, need more detailed evidence than bruising and an initial statement.

Also a quick google tells you that it isn't unusual for a police detective to be investigating 20 different crimes at once which could account for delays, things being overlooked and stilted communication from them.

What do you want to achieve with your complaint? Do you want to change the team investigating your case? Would you be able to work with a new team so they can put the complete evidence together to present to the CPS for a decision about charging your attacker? Do you want the processes involved in how an investigation into rape is conducted changed? Or are you seeking to punish the officers involved in your case? It will probably be a good idea for you to have the outcome you want to achieve worked out so you can fully articulate your complaint.

SpiritedLondon · 02/05/2017 08:35

There seems to be quite a bit of opinion and not too much fact on this thread. OP I would strongly suggest you read the post by orangepeels because the interview procedure is explained well. Police would be extremely restricted with their investigation without a detailed account from you ( whether written down or on paper) For example, without knowing where precisely the offence was committed in a property they would not know where the forensic analysis should be done. ( it would take weeks to forensically examine a house). You have also commented that they did not arrest the suspect. If they had arrested the suspect what would they have asked him ? Details of the offence and how it happened are so crucial to the way the investigation proceeds and the likelihood of an omission by the suspect in a police interview. The CPS would never charge a suspect without one. There is also a practical issue that police can no longer keep suspects on bail for long periods. It's likely that if they had arrested him they would have been forced to NFA ( no further action) after a month and you would have been no further on. It's worth noting that you can provide a statement at any point now or in the future.... the case could be re-opened years down the line if you see fit. In your position I would seek advice from an ISVA ( Independent Sexual Violence Advisor) who can provide you with some practical advice and are likely to know the department you have been dealing with. ( they are independent from the police ). They are not counsellors or therapists but can point you in the direction of those if you change your mind about therapy. The police can point you in the direction of one but if you don't want to ask them you can google it.... although Rape Crisis is a good starting point. Good luck.

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