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Another assault
Posted Monday 20 September 2010
An appalling case reported on Friday, where police officers in Essex failed to investigate sexual assaults because the victim was not believed due to her history of mental distress, highlights just how far we still have to go before victims and witnesses with mental health problems have equal access to justice.
The case involved a 56 year old woman who made two allegations of assault to the police in 2007. The investigating officers came to her house, but did not take the reported crime seriously as she had experience of mental health problems. After the victim’s family intervened, the perpetrator of the crime was arrested and tried, where he pleaded guilty and was sentenced to six years' imprisonment.
In a report published on Friday, the Independent Police Complaints Commission (IPCC) criticised the actions of Essex Police, stating that
Police wrongly focused on the existence of a mental health condition, yet for instance failed to make arrangements for possible DNA evidence to be secured at the scene, despite the woman offering such evidence to the officers. The lack of help and support on two separate, traumatic occasions... stemmed from very poor policing and totally inadequate supervision.
To me, this demonstrates exactly why, during Mind’s research in 2007, another victim of crime with experience of mental distress described the criminal justice system as ‘another assault’. After the initial trauma of the crime itself, too often people are disbelieved and even discriminated against by the professionals they turn to for help, causing further distress and a feeling of being without the protection of the law.
Since Mind’s campaign for equal access to justice was launched three years ago, national police bodies have recognised the extent of the problem, with new training and guidance on mental health launched this year. Good practice has also sprung up at a local level, for example where local Minds are working in partnership with police forces to improve access to justice.
Yet the IPCC’s report into the case in Essex shows there is a very long way to go before the criminal justice system is no longer ‘another assault’ for victims and witnesses with mental distress. Still more concerning, proposed reforms to policing and the impact of public spending cuts on the police force may undermine the progress we have made to date, as Mind has recently argued.
Given the extent of hate crime still faced by people with mental health problems, as our recent response to the Equality and Human Rights Commission shows, we will keep campaigning to ensure the Coalition Government and police partners do not deprioritise action to tackle mental health discrimination at the heart of the criminal justice system, once and for all.
Amy Whitelock, Senior Policy and Campaigns Officer
6 Comments
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I made a complaint about child abuse, when I was young. I informed the police, once I told them about my mental health problems. They stopped talking to me.
The person was later convicted for mass child abuse over a 30 year period,& got 21 yrs in jail, but my complaint was not taken up & I did not have my day in court. -
I was subject to a full body search by police during a time of real stress and anxiety prior to being taking into hospital. (not under section) Would see the point if i had a history of drug abuse etc. But found this humilating to the extremes. I veiwed that experiance as the same as abused of the past. Rediculase to be treated in that way.
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Now why isn't this form of discrimination [and welfare discrimination] directly addressed by the anti-stigma campaigns rather than how 'mental illness' can happen to anyone and how we are all capable of being high flyers?
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i was sexually assulted in a mental hospital while i slept.all i got was an apoly an some fflowers
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When I worked in an LMA a few years ago I supported a woman with a diagnosis of BPD to report to the police that she had been raped. Although the police took statements and said they were investigating, they never missed any opportunity over several months of work to make it clear they thought she had imagined it. They were so convincing and obvious in their disbelief that in the end she started to believe herself that she had imagined it as a result of voices/false memories and never continued her complaint despite having our full support and encouragement. She ended up moving away from the area via Women's Aid [who thankfully DID believe her, even if she didn't believe herself at that point] and whoever attacked her got away scot-free.
If only the police had spent as much energy trying to catch her attacker rather than convincing her it was all in her mind we might have got the poor woman some justice and enabled her to remain feeling safe living in her home city. -
I was raped by a boyfriend . I was scared at the time to report it . I did so a few years later. They sent round a female officer who took a statement. I then went to a house to make a video recording with a social worker present. All good so far.
I then received a phonecall a few weeks later saying 'it never happened' I was stunned.
Two years went by . I sent off for my mental health records and discovered I had been given a diagnosis of a severe mental disorder and had not been told. I was shocked by this . I then realised that maybe. that is why the police said what they did.
I wrote to the chief constable's office and complained. A few weeks later I received a letter that said my case had been overturned in my favour , with no further lines of enquiry. I know it wasn't a great result but it was far better than not being believed.I knew they had stopped enquiries because of my medical diagnosis!!!!! I was relieved that i did not have the words 'it did not happen' in my mind , but the fact that they believed me.
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