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Child sex abuse: New policy for police and prosecutors Child sex abuse victims treated 'overcautiously'
(about 1 hour later)
An overhaul of how police and prosecutors in England and Wales deal with alleged sexual offences against children is expected to be announced in the wake of the Jimmy Savile scandal. Child sex abuse investigations put too much focus on the victims' credibility and not enough on the suspects, says the director of public prosecutions as he announces a shake-up of guidelines.
Director of Public Prosecutions Keir Starmer told the BBC there was an "overcautious" approach with victims. Director of Public Prosecutions Keir Starmer told the BBC there was an "overcautious" approach to victims.
He said the focus was too much on whether the victim was telling the truth and not enough on the suspect. In a speech later, Mr Starmer will unveil plans to rewrite guidelines for police and prosecutors.
"I am not advocating the test for prosecution should change," he said."I am not advocating the test for prosecution should change," he said.
Describing this as a "watershed moment," Mr Starmer said we need to "clear the decks of a raft of existing guidelines". BBC Home Affairs correspondent Danny Shaw said some wrongful convictions over historic child abuse a decade ago saw the justice pendulum swing toward a more sceptical approach.
New guidelines for police and prosecutors will be drawn up, and a panel will review cases where alleged perpetrators were not charged. Once the new guidance has been written, training will also be offered to police and prosecutors dealing with child exploitation cases. But he said after the Jimmy Savile affair there was a sense "the pendulum needs re-positioning again".
Mr Starmer is expected to say: "We cannot afford another Savile moment."
'Pattern of behaviour''Pattern of behaviour'
A review into allegations against the late DJ and TV presenter found Savile had carried out more than 200 sexual offences over a 54-year period. A review into allegations against the late DJ and TV presenter said he had carried out more than 200 sexual offences over a 54-year period.
Allegations were reported to police several times while he was alive but no action was taken against him.Allegations were reported to police several times while he was alive but no action was taken against him.
"A new genre of miscarriages of justice has arisen from the over-enthusiastic pursuit of these allegations". Those were the words of the Home Affairs Committee in 2002 after hundreds of people had been investigated about historical child abuse in children's homes and other institutions."A new genre of miscarriages of justice has arisen from the over-enthusiastic pursuit of these allegations". Those were the words of the Home Affairs Committee in 2002 after hundreds of people had been investigated about historical child abuse in children's homes and other institutions.
Many were wrongfully convicted and as a result the justice pendulum swung the other way: police adopted a more sceptical approach and prosecutors were more picky about the cases they took to trial.Many were wrongfully convicted and as a result the justice pendulum swung the other way: police adopted a more sceptical approach and prosecutors were more picky about the cases they took to trial.
Now, after the Savile affair and the emergence of other sex abuse allegations that have lain dormant for years, there's a sense that the pendulum needs re-positioning again.Now, after the Savile affair and the emergence of other sex abuse allegations that have lain dormant for years, there's a sense that the pendulum needs re-positioning again.
The difficulty, as Keir Starmer acknowledges, is to set the right balance - so that investigators adopt a less cautious approach to what victims say while testing and questioning their accounts.The difficulty, as Keir Starmer acknowledges, is to set the right balance - so that investigators adopt a less cautious approach to what victims say while testing and questioning their accounts.
Experience suggests it won't be easy: expect a few cases to go wrong before things settle down.Experience suggests it won't be easy: expect a few cases to go wrong before things settle down.
BBC Home Affairs correspondent Danny Shaw said a number of wrongful convictions following investigations into historic child abuse about 10 years ago saw the justice pendulum swing toward a more sceptical approach by police and prosecutors. Mr Starmer said many victims did not have the confidence to come forward and the standards used for establishing the credibility of someone making an allegation can mean vulnerable victims are not believed.
But he said after the Savile affair there was a sense "the pendulum needs re-positioning again".
Mr Starmer says police and prosecuting lawyers have sometimes adopted an "overcautious" approach in cases of sexual assault involving children - in order to guard against false allegations.
Many victims do not have the confidence to come forward and the standards used for establishing the credibility of someone making an allegation can mean vulnerable victims are not believed, he says.
This is because complainants often have characteristics - such as a distrust of authority and alcohol issues - which both make them vulnerable and put their credibility in doubt.This is because complainants often have characteristics - such as a distrust of authority and alcohol issues - which both make them vulnerable and put their credibility in doubt.
In future, investigators will be expected to test the credibility of an allegation by focusing on the suspect as well as the alleged victim.In future, investigators will be expected to test the credibility of an allegation by focusing on the suspect as well as the alleged victim.
"At the moment there is a great deal of focus on whether the victim is telling the truth. We need to look equally carefully at the account the suspect has given - look at the context, the pattern of behaviour and make the necessary links," Mr Starmer said."At the moment there is a great deal of focus on whether the victim is telling the truth. We need to look equally carefully at the account the suspect has given - look at the context, the pattern of behaviour and make the necessary links," Mr Starmer said.
'Current atmosphere'
The new College of Policing, with the agreement of the Crown Prosecution Service and Association of Chief Police Officers (Acpo), will develop a new policy to replace the 19 sets of guidelines for investigating child sexual abuse that currently exist.The new College of Policing, with the agreement of the Crown Prosecution Service and Association of Chief Police Officers (Acpo), will develop a new policy to replace the 19 sets of guidelines for investigating child sexual abuse that currently exist.
The CPS has no policy relating specifically to child sexual exploitation, and Mr Starmer believes one "overarching" approach to the investigation and prosecution of sexual offences is needed.The CPS has no policy relating specifically to child sexual exploitation, and Mr Starmer believes one "overarching" approach to the investigation and prosecution of sexual offences is needed.
He will say in a speech in London later that the new policy must be informed, coherent and able to withstand the test of time: "We cannot afford another Savile moment," he will say. 'Current atmosphere'
Mr Starmer will talk about the Savile case and the Rochdale grooming case, which led to nine men being jailed last year. It emerged during their trial that the police and social services had missed opportunities to stop the abuse.Mr Starmer will talk about the Savile case and the Rochdale grooming case, which led to nine men being jailed last year. It emerged during their trial that the police and social services had missed opportunities to stop the abuse.
In addition to the new guidelines, a panel will review cases where alleged perpetrators were not charged and training will also be offered to police and prosecutors dealing with child exploitation cases.
The review panel will look at cases where people have come forward but the case has not proceeded. The panel will then advise chief constables on whether the case should be reopened. Mr Starmer says he expects the number of cases to be in the "hundreds not thousands".The review panel will look at cases where people have come forward but the case has not proceeded. The panel will then advise chief constables on whether the case should be reopened. Mr Starmer says he expects the number of cases to be in the "hundreds not thousands".
Mark Newby, a solicitor who formed a panel to look at historic child abuse allegations, said he was "gravely concerned" the balance might be shifted too far in favour of the victim.Mark Newby, a solicitor who formed a panel to look at historic child abuse allegations, said he was "gravely concerned" the balance might be shifted too far in favour of the victim.
"We have to be really careful not to create a whole new genre of miscarriage because of the current atmosphere and pandemonium over these cases," he told BBC Radio 4 Today's programme."We have to be really careful not to create a whole new genre of miscarriage because of the current atmosphere and pandemonium over these cases," he told BBC Radio 4 Today's programme.
Former City lawyer Patrick Raggett, who was awarded £55,000 in damages in November after he was abused for years by a Catholic priest at his school, said all those who worked with children must learn to communicate better.Former City lawyer Patrick Raggett, who was awarded £55,000 in damages in November after he was abused for years by a Catholic priest at his school, said all those who worked with children must learn to communicate better.
"Teachers, social workers, therapists, the police - they all have to come together to try and improve their collective understanding of child sexual abuse and to acknowledge, frankly, how it's much more prevalent than people ever dream of," he told BBC One's Breakfast."Teachers, social workers, therapists, the police - they all have to come together to try and improve their collective understanding of child sexual abuse and to acknowledge, frankly, how it's much more prevalent than people ever dream of," he told BBC One's Breakfast.
Alan Wardle, head of corporate affairs at children's charity NSPCC, said he hoped the new approach would encourage victims to come forward.Alan Wardle, head of corporate affairs at children's charity NSPCC, said he hoped the new approach would encourage victims to come forward.
"Making them think they will be taken seriously and that they're not going to be crucified by the whole process as they go through the criminal justice system is really important in helping tackle the scourge of child sexual abuse in this country," he said."Making them think they will be taken seriously and that they're not going to be crucified by the whole process as they go through the criminal justice system is really important in helping tackle the scourge of child sexual abuse in this country," he said.
Childline founder Esther Rantzen told BBC Breakfast: "The legal system has been created to frighten adults into telling the truth and what it's been doing for decades is frightening children into silence."Childline founder Esther Rantzen told BBC Breakfast: "The legal system has been created to frighten adults into telling the truth and what it's been doing for decades is frightening children into silence."
Children "may well break down under cross-examination" and it should be moved from open court into judges' chambers, she added.Children "may well break down under cross-examination" and it should be moved from open court into judges' chambers, she added.
The draft guidelines are expected to be ready in May for a three-month public consultation.The draft guidelines are expected to be ready in May for a three-month public consultation.