Rape investigations (FOI)

​Request

Due to the lack of information found on the internet, please provide me with the following information:

A

Since 1 January 2015 what is the average time period a rape victim has to wait between providing a complaint to the police and being advised that their case is not being taken to court?

B

Since 1 January 2015 what is the average time period a rape victim has to wait between providing a complaint to the police and being advised that their case is being taken to court?

In order to calculate the average time period individuals must wait you can use the following method: Person A has had to wait 6 months to be advised their case is not being taken to court. Person B has had to wait 12 months to be advised their case is not being taken to court. Person C has had to wait 4 months to be advised their case is not being taken to court. 6+12+4 = 22. 22/3 = 7.3. The average wait time between these individuals is 7.3 months.

C

What is the process and policy that is used by the States of Jersey in relation to rape cases? If this policy and procedure is not available to the public, why is it not available? If this information is publically available please provide a copy or link to a copy.

D

What law is specifically used for rape cases?

E

What is the timescale used by the States of Jersey for dealing with rape cases?

Response

A and B

The States of Jersey Police do not hold the information requested in questions A and B. 

The Freedom of Information (Jersey) Law 2011 only requires scheduled authorities to disclose (subject to certain exemptions) information that is held by the authority. 

The States of Jersey Police do not compile data on average times taken from a report of a crime to completion, either by court process or a decision to take no further action. 

C

The States of Jersey Police follow the ACPO (2010) Guidance on Investigating and Prosecuting Rape.

The College of Policing ACPO/NPCC policy can be found at the following link:

Guidance on Investigating and Prosecuting Rape (Abridged Edition) 2010

D

Unlike UK law, rape is a customary offence in Jersey and is restricted to penile penetration of a vagina by a man on a woman.  

Marital rape is also now recognised in Jersey, although historically it was not. 

Other relevant customary law offences include indecent assault and procuring / committing an act of gross indecency. 

New sexual offences legislation is currently being considered by the Law Officers’ Department.

E

The States of Jersey Police have no defined timescale when dealing with any criminal offence. 

The aim is to deal with each case as expeditiously as possible. 

Delays can occur due to a number of factors but especially in complex cases where the advice of the Law Officers’ Department is required.