TW does anyone know if it’s possible to report rape just so it’s logged and not investigated?

[Magiccloud]

My ex was investigated for coercive control but the CPS decided not to charge.

During this investigation, I said that I had been raped, giving dates, but no questions were ever asked about this and it wasn’t added to my statement I don’t think.

I’m now wondering if I can log these incidents with the police so there is a clear record?

He is a serial abuser and I’m also concerned that he was abusing a child (sexual relationship with a 15/16 year old).

I would like to think that it would be useful for the police to have all the information, but I’m probably kidding myself.

i wouldn’t want it investigated, as the police and CPS have caused me huge trauma. But obviously my ex also caused me huge trauma and I know he has gone on to abuse again since i ended our relationship.

Would it be useful in case anyone else cane forward? I know he was arrested for sexual assault before i met him too. I don’t believe these to be isolated incidents. He is absolutely a predator and a dangerous man. Should I just leave it alone? Or do I get it formally logged?

Thank you if you managed to read all this.

You can’t just “log” an allegation of rape without going through the process of charging & conviction. Although I appreciate it is frustrating in your case, it would undermine the justice system of “innocent until proven guilty” as at that point anyone could do it, it cannot just be added to anyone’s file without a proper investigation taking place for good reason.

@NeverDropYourMooncup Unfortunately I have already had to complain about other things - they made a catalogue of errors - so I don’t really feel able to complain again. But perhaps I could just enquire as to whether these incidents were ever logged anywhere.

@Mrsttcno1 An allegation isn’t a conviction, so I’m not sure I follow. I’m not sure how reporting a crime undermines the justice system?

Because you would be asking them to record the fact that he raped you, just based on your word alone. They cannot put that on any “file” of his without investigating it in full to deduce if it did actually happen. You cannot unanimously say he raped you without him having the chance to give his side of the story, provide evidence etc.

You can and should absolutely report the rape to the police, but they cannot just take your word for the fact that it happened and add it to his name based on your word alone.

Allegations by their nature have to be investigated.

When I reported my rape, I was asked whether I would be prepared to go to Court and was told it wouldn't be investigated unless I was.

If you're not prepared to go through the process there's no option of logging it. They investigate it, until they can't or it goes to trial. Personally, I would report it anyway.

Even if no further action is taken, if he's brought in for questioning then that will go on his file and if the CPS choose to drop it, then it will be shown as no charges brought which is actually meaningful, when he does it again (which he will).

If they investigate and can't pursue due to lack of evidence, his the police file will show that you made the allegation but no further action (NFA) was taken and the reason.

OP i work at womens aid and alongside police and other agencies.
The police will investigate if you accuse him of rape, even if its historic... rape is rape. You can get in touch with them and ask for copy of your statement to see if it mentions the rape?...but i cant see how that would help if statement doesnt or does mention it.. as you don't want to testify...but they will...if enough to go on ... arrest your ex after an interview with him. You can report the teenager to social services as a safeguarding issue...but if she is under 16 and at time of alleged sexual intercourse.

@CharlieDickens It sounds like I might have to go through the process then, at least it would show against his name. That’s all i want to happen. Some acknowledgment at least, as I know I will never get justice.

@Loubelle70 Thank you, I think I might go down the safeguarding route.

@Mrsttcno1 i see what you mean

It is absolutely up to you but I really do think you should report it, I know it’s difficult and made more difficult by having already had a poor experience with the police but it really is still worth doing x

Would you consider contacting the Centre for Women’s Justice? I think they could help you get some clarity on the process. (I’m so sorry that this happened to you 💐).

If you disclosed rape at the time of reporting Coercive and Controlling behaviour, then the Rape would have sat on top of Coercive Control. The police would only record it under one crime ref, as victim and offender are same and if a number of crimes are disclosed at same time, they get recorded under on crime ref. The less serious crimes sit below the primary offence, Rape would be more serious offence. However it all depends whether the Rape you disclosed satisfied the elements of Rape. Secondly, the sexual assault concerning children, that is a third party report, you being the third party. Unless you had overwhelming evidence and can identify the child ( and the child is still under 18) for safeguarding purposes police will obliged to probe further. If its historical offence and the child is now an adult, that person is to report their crime if they been a victim.

Under National Crime Recording Standards if a person reports a crime, any crime, it HAS to be recorded by police within 24 hours of the crime being dismissed to them - this is to prevent police "fudging" figures. There's a thing called the finished incident rule whereby if you were to report a number of different offences committed by the same suspect against the same victim then one crime gets recorded (the "highest" offence) but all crimes are investigated under that one report, however rape is one of the exceptions where it should always be recorded separately. Basically, if you disclosed rape as part of a CCB investigation, it should already be recorded. It does not need to be investigated first to establish that it has in fact happened in order for it to be recorded - rape is so difficult to prosecute because of the "private" nature of it (no witnesses etc) - if police only recorded crimes of rape where there was evidence it had happened then conviction rates would also appear much higher.

If the rapes haven't already been recorded then you can "log it" for lack of a better term, even if you don't want it investigated. Yes, this does mean that anyone can make an allegation and someone will be recorded as a suspect even if there is no evidence. Many will likely think this is unfair but the alternative is that rapists get to fly under the radar. I can't advise as to how far any investigation would go - in my force if a rape is disclosed but the victim is not supportive, ie. won't give a statement or video interview AND there's no other supporting evidence, then the suspect may be brought in but it's more likely that he won't be as to do so would undermine the victim's confidence and trust in us and potentially put them at more risk.

OP you can make a subject access request to your force to establish what they have already got recorded for you.

@PCAMA Thank you, this is really helpful. I think I need to make one of these requests.

They never asked me any questions or took any details, so I don’t think anything was recorded as they don’t even have all the dates.

@Nelsonmandelaforever They never asked any questions so they would not have been able to determine whether or not what I was disclosing met any definitions unfortunately.

@MySocksAreDotty Thank you. I really feel like I do need help with this. I’d love to go public as the mess and the trauma the police and CPS have caused is pretty staggering. You really couldn’t make it up.

Sadly I have recent experience of this. I would encourage reporting of any rape. We had a really positive experience with the police. They recorded the rape, took a statement and supported in other ways. The rape is logged and we were told there is no time limit on taking it further. If someone else comes forward we would be approached to see if we were ready to take it further.

Due to lack of evidence we decided to log it but not pursue for a conviction.

I would ask the police what and how many offences they recorded in total. If there was a record of rape made anywhere or you disclosed the rape during Domestic risk assessment, if it was not recorded , then you need to ask for an explanation. The victim is to be believed unless there is evidence on the contrary. We do get rapes reports, whereby the victim is unsupportive for one reason or another and these still get recorded and can be filed under relevant outcomes, for example outcome 16 is named suspect victim unsupportive. You have to provide a negative statement that you do not wish further action.

@Wishthiswasntmypost I’m so sorry for what you have been through. I’m very pleased though that you had a positive police experience and were so well supported. I just really don’t want these things to just disappear as having it recorded is the closest I will ever get to justice 😢

@Nelsonmandelaforever Thabk you, this is really helpful.

I have investigative experience of Rape. You can absolutely report and refuse to cooperate any further. When you report to your local force a Specialist Sexual Offence Trained Detective will contact you. Tell them you don't want to cooperate for whatever reason you might have, whether that's previous experience, not strong enough to go through with it but want it recording, or whatever it might be, and that you are not giving a formal statement/video interview. You can give detail at this point. You can also tell them you categorically don't want him interviewed and give your reasons - previous DA and you feel it would put you at risk. It used to be that we interviewed every suspect in these cases regardless of a formal complaint, but depending on your circumstances and/or force they might not do this.

They won't do a victimless prosecution with Rape like they can in other domestic abuse, can you imagine the trauma of dragging a survivor of such a terrible crime to court under duress and potentially under arrest if a judge issues a warrant for their appearance? I promise OP, it categorically doesn't happen.

You will also be asked if you want support from an ISVA. (Independent Sexual Violence Adviser/Advocate). They're specialist victim support and are amazing, at least say yes and see what they can offer you, they're nothing to do with the Police, CPS or Courts and are completely independent and their one aim is to support you. You can always turn them down once you've heard how they can support you.

There's a national project called Op Soteria around Rape and Serious Sexual Offences which is designed to improve outcomes and has transformed their investigation and focuses on suspect behaviour- so if he has previously offended and you suspect other offending your report would help build a "picture" around him for want of a better word.

What I will say is that your wishes will be respected, they can't make you give a statement or force you to court, and you will be supported if you want to be.

@PieonaBarm This is so interesting, thank you. I had no idea that these changes had been made. I feel a lot less scared now about the idea of a conversation with the police and hopefully everything can now be recorded.

@Magiccloud I hope I've given you some useful information to help you make the right decision for you.

You can Google Op Soteria for further info. All 43 English forces are signed up to it.

@PieonaBarm You really did, thank you so much. I googled it straight away lol. It’s so interesting and badly needed. It really helped to put my mind at rest.

I actually spoke to the police this afternoon and the person I spoke to was lovely and reassured me that nothing would happen without my agreement and it can just logged and left. So I have done just that. Thank you