Viewpoint: CPS guidance on prosecuting rape and sexual assault cases
| Date | 07 March 2019 |
| Published date | 07 March 2019 |
| Pages | 32-35 |
| DOI | https://doi.org/10.1108/JAP-10-2018-0022 |
| Author | Marian Foley,Ian Cummins |
| Subject Matter | Health & social care,Vulnerable groups,Adult protection,Safeguarding,Sociology,Sociology of the family,Abuse |
Viewpoint: CPS guidance on prosecuting
rape and sexual assault cases
Marian Foley and Ian Cummins
Abstract
Purpose –The purpose of this paper is to highlight concerns about recent CPS guidance on the prosecution
of rape and sexual assault cases.
Design/methodology/approach –The paper places the CPS guidance in the wider policy context of
concerns about sexual violence on mental health wards.
Findings –The paper concludes that the reported CPS guidance appears to run counter to other policy
directives particularly the recent report from the CQC.
Originality/value –The paper is a first response to these issues.
Keywords Mental health, Safeguarding, Legal, Sexual violence, Trauma informed approaches,
Vulnerable adults
Paper type Viewpoint
Recent research and reports have highlighted that the impact of sexual violence has to be an
area of increased concern for all mental health professionals. Mental health service users are
more likely to have be en subject to sexual v iolence. In additio n, there is the potent ial for the
revictimisation of vulnerable service users. Bengtsson-Tops and Ehliasson (2012) carried out a
study involving 17 4 patients. In tota l, 67 per cent of this co hort had been the vi ctims in
adulthood. In total, 39 per cent had been threatened at some points, 51 per cent had been
assaulted and 32 per cent had been the victims of sexual assault. In total, 33 per cent of the
cohort had been a vict im in the previous 1 2 months –15 per cent had been subjected to
sexual violence in that period. Women reported greater exposure to violence than men. These
patient histories of trauma are often not acknowledged by professionals (Howard et al., 2010).
If they are there is not an appropriate response (Nyame et al., 2013). Khalife h et al. (2015)
concluded that men and women who experience severe mental illness and are in contact with
psychiatric serv ices are two to eight tim es more likely to expe rience domestic vio lence or
sexual assault.
In the report, “At Risk Yet Dismissed”(Pettitt et al., 2013), 9 per cent of victims reported crimes
that had taken place in psychiatric settings. This study reveals the impact of violence.
Participants reported that they felt fear, shame and embarrassment in the aftermath. The
negative impact on mental health was also documented with participants reporting feelings of
distress. In some cases, the mental health of victims deteriorated and the crime triggered a
relapse and subsequent admission to hospital. This study also highlighted the concerns that
individuals had that would prevent their reporting incidents to the police. A previous negative
experience with the police was a factor here. The interviewees were extremely conscious that
the fact that they had a mental health problem could potentially be used as a basis for
discrediting their account. It is, particularly, regrettable that many thought that they might even be
detained under the MHA if they reported a crime.
We have written two recent papers that have examined the experiences of people with mental
health problems, who have been victims of rape, sexual violence and assaults. In the first, we
discussed the findings of the SCR that followed the de ath of Mrs A (Foley and Cummins, 2015). Mrs
A was a talentedviolinist and attended the prestigious Chetham’s School of Music in Manchester.
Received 9 October 2018
Revised 19 October 2018
Accepted 22 October 2018
Marian Foley is based at the
Department of Social Care and
Social Work, Faculty of Health,
Psychology and Social Care,
Manchester Metropolitan
University, Manchester, UK.
Ian Cummins is based at the
Salford University, Salford, UK.
PAG E 32
j
THE JOURNAL OF ADULT PROTECTION
j
VOL. 21 NO. 1 2019, pp. 32-35, © Emerald Publishing Limited, ISSN 1466-8203 DOI 10.1108/JAP-10-2018-0022
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