Offender-Centric Policing in Cases of Rape
| Author | Duncan McPhee,Philip NS Rumney |
| Published date | 01 December 2021 |
| Date | 01 December 2021 |
| DOI | http://doi.org/10.1177/00220183211027453 |
| Subject Matter | Articles |
Article
Offender-Centric Policing
in Cases of Rape
Philip NS Rumney
De Montfort University School of Law, UK
Duncan McPhee
University of the West of England, UK
Abstract
The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on
suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating
offender-centric pathways to charge or conviction, the challenges facing complainants, sus-
pects and police officers, along with missed opportunities to focus on a suspect’s behaviour.
Theimportanceofvictimcareandsupportisdiscussed, and it is argued that victim care
should accompany an offender-centric approach to rape investigation. It is also argued that
there are potential dangers with offender-centric tactics, specifically, that without due care it
may become a self-confirming investigative tool influenced by confirmation bias which may
lead to flawed decision-making. The article concludes by arguing that offender-centric
policing has benefits in those cases with suspects who engage in predatory behaviour,
have a history of previously undisclosed sexual offending and domestic violence and other
problematic behaviours. It also has value in focusing the attention of investigators on what
steps were taken by a suspect to ascertain the complainant’s consent. While the offender-
centric approach cannot address all investigative challenges in rape cases, it is a useful
addition to existing strategies.
Keywords
Rape, sexual assault, police, offenders, investigation
Introduction
In April 2015, the police and Crown Prosecution Service published a joint Action Plan on rape which
sets out how investigations and prosecutions need to become ‘offender-centric’ involving a ‘focus on the
actions of the offender, rather than those of the victim’ particularly in cases involving vulnerable victims
Corresponding author:
Duncan McPhee, Senior Lecturer in Criminology and Associate Head of Department, University of the West of England, Bristol,
BS16 1QY, UK.
E-mail: duncan.mcphee@uwe.ac.uk
The Journal of Criminal Law
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DOI: 10.1177/00220183211027453
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2021, Vol. 85(6) 425–440
where there can be a ‘misunderstanding of critical issues around consent and credibility’.
1
A new joint
Action Plan published in 2021 re-asserts a commitment to the offender-centric approach, the delivery of
specialist RASSO
2
training and the piloting of an ‘offender-centric investigation model’ in Avon and
Somerset Constabulary and CPS South West.
3
Beyond the content of these Action Plans, little has been
written on the topic and with the exception of one report,
4
there is no publicly available data to judge the
effectiveness of such methods in case s of rape. Most recently, the Crown Pros ecution Service has
published its updated guidance for prosecutors which makes explicit reference to the importance of the
offender-centric approach and states that an ‘effective strategy for investigating and prosecuting rape
requires focus on the actions of, and tactics used by suspects’.
5
Clearly, the idea of offender-centric
policing and prosecution should be more widely understood in the midst of ongoing efforts to embed it
within the criminal justice response to rape in England and Wales.
This article seeks to explore the characteristics of offender-centric policing as it specifically pertains
to cases of rape and other sexual offences. It draws on original police case file data to explore the
different ways in which offender-centric police tactics may improve case building and the chances of a
case resulting in charge and/or conviction. The analysis will include reference to research on sex
offenders and their modus operandi. First, the article examines the policy and research background of
offender-centric policing. Second, 11 police rape investigations will be examined to illustrate the
characteristics of offender-centric tactics and impact in real rape investigations. This comprises cases
illustrating offender-centric pathways to charge or conviction, challenges facing complainants, suspects
and police officers when an offender-centric approach is adopted and missed opportunities to focus on a
suspect’s behaviour. Third, the article explains the importance of victim care in the context of offender-
centric policing, including the role of Sexual Assault Investigation Team (hereafter SAIT officers)
6
and
Independent Sexual Violence Advocates (hereafter ISVAs).
7
Fourth, the danger that officer decision-
making could be influenced by confirmation bias when using the offender-centric approach is consid-
ered. Finally, the article concludes by arguing that the offender-centric policing approach is a useful
investigative tool.
Background
In recent years, there has been growing reference to the idea of ‘offender centric’ or ‘offender centred’
8
policing and prosecution in cases of rape. The idea of offender-centric policing has existed for several
decades, although owing to the use of differing terminology to describe this policing model, it likely has
1. Joint CPS and Police Action Plan on Rape (2015) 1.
2. ‘RASSO’ stands for Rape and Serious Sexual Offences.
3. Police-CPS Joint National RASSO (Rape and Serious Sexual Offences) Action Plan 2021 (2021). It is intended that the pilot
study will extend to another four police forces and CPS Areas between January 2021 and March 2022.
4. E Angiolini, Report of the Independent Review into the Investigation and Prosecution of Rape in London (2015) at paras 619–
26.
5. CrownProsecution Service, Rape and Sexual Offences—Overview and Index of 2021 Updated Guidance, 21 May 2021, chapter
3: case building.
6. SAITofficers inter alia conduct complainant interviews, update complainants on case developments, signpost specialist victim
services and provide an important point of contact for the complainant and detectives investigating the case. See also L
McMillan, ‘The Role of the Specially Trained Officer in Rape and Sexual Offence Cases’ (2015) 25 Policing and Society 622.
In some police force areas, SAIT officers are referred to as SOIT (Sexual Offences Investigation Trained) or STOs (Specially
Trained Officers).
7. The role of an ISVA is inter alia to provide specialist advice, support and advocacy throughout the criminal justice process and
are an important means of preventing complainant withdrawal: A Robinson, Independent Sexual Violence Advisors: A Process
Evaluation (2009) <https://orca.cf.ac.uk/24241/1/isvareport.pdf> accessed 24 March 2021; M Hester and SJ Lilley, More than
Support to Court: ISVAs in Teesside (2015); P Rumney and others, ‘A Specialist Rape Investigation Unit: A Comparative
Analysis of Performance and Victim Care’ (2019) 29 Policing and Soc 1, 15–16.
8. Angiolini (n 4) 126.
426 The Journal of Criminal Law 85(6)
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