Defending the Indefensible: Sexual Misconduct and Institutional Failures in UK Policing

Introduction: This article looks at the disturbing and persistent prevalence of sexual crimes committed by police officers in the United Kingdom against members of the public which include women and children. It analyses the institutional failings that allow such conduct to go unpunished and suggests a systemic, zero-tolerance approach for the restoration of public trust.

The Shocking Statistics

In February of 2023, the Observer reported that approximately one in every 100 of the 140,288 police officers in England and Wales were subject to criminal charges in the preceding year. The charges included sexual offences.

An investigation by the same newspaper found that the Police Federation, the staff association responsible for representing officers facing legal proceedings, received 1,387 claims for legal support from members in that year. This number by itself shows the sheer scale of the internal disciplinary and criminal allegations affecting the service.

Indeed, its former national chairman, John Apter, was suspended in 2021 following allegations of sexual assault. Even though he was not prosecuted, Apter was subject disciplinary procedures.

Allegations Between 2016–2020

In 2021, the BBC reported that based on data it obtained from 31 police forces across England, Wales, and Scotland, at least 750 allegations of sexual misconduct were made against serving officers between 2016 and 2020.

These included rape, sexual assault, indecent exposure, and unwanted sexual touching, often targeting women and children. Around 75% of the accused were male officers.

What is highly disturbing is that only a handful of cases resulted in dismissal, with some categories of misconduct seeing only one officer removed per offence category.

2000 Allegations Over Four Years

The Independent newspaper revealed, via freedom of information requests in 2021, that almost 2,000 allegations of sexual misconduct were made against serving police officers between 2017 and 2021. These included:

• 370 allegations of sexual assault
• 100 allegations of rape
• 18 allegations related to child victims.

Of those accused, more than 25% had faced similar accusations before. Despite 514 complaints being upheld, only approximately a third of the officers in question were dismissed.

This shows a pattern of individual misconduct and institutional inertia or tolerance of repeat offenders in the ranks.

The Metropolitan Police: A Case Study in Institutional Failure

The Metropolitan Police Service ("Met"), the UK’s largest police force with over 45,000 officers, has been subject to sustained scrutiny for its handling of sexual misconduct cases.

Between 2012 and 2018, The Observer reported 594 complaints against Met employees. Of the 119 complaints that were upheld, only 63 led to dismissal, retirement, or resignation. This means that in over 40% of proven cases, the perpetrators kept their jobs.

David Carrick: The Indefensible

In early 2023, Met Commissioner Sir Mark Rowley announced that more than 800 officers were being investigated for domestic or sexual abuse.

This announcement followed the conviction of PC David Carrick, who pleaded guilty to 49 offences including 24 counts of rape committed over two decades against 12 women. Carrick's record included nine prior incidents reported to the force, including rape and domestic violence. Yet, he was:

• Cleared in every case
• Approved to be a firearms officer in 2009
• Vetted again successfully in 2017.

His case has become a prime example of catastrophic failures in vetting and misconduct monitoring.

Baroness Casey Review: Institutional Misogyny and Racism

The March 2023 Baroness Casey Review concluded that the Met Police is “institutionally racist, misogynistic, and homophobic.”

The review found that sexual harassment and assault are often dismissed or not taken seriously by superiors, and that victims within the service are afraid of reporting misconduct due to fear of retaliation.

This review stresses the need for radical reform and the independent oversight of police culture, accountability, and handling of complaints.

Legal and Oversight Failures: RIPA and Vetting Loopholes

The Regulation of Investigatory Powers Act 2000 (RIPA) was initiated to regulate surveillance and information gathering by public authorities which include the police. However, it has been criticised widely for being inadequately enforced or used to shield internal misconduct under the pretence of operational secrecy.

Its critics say that vetting misconduct data protected by national security provisions have too often been held back from public scrutiny and opportunities for legal challenge. As a result, there is now growing pressure for amending oversight provisions to ensure that internal affairs investigations involving sexual misconduct cannot be hidden under investigatory privilege.

Calls for Reform and Independent Accountability

Numerous advocacy groups, which include, Centre for Women’s Justice included, have called for the creation of an independent misconduct and vetting watchdog, with:

• Power to oversee all sexual misconduct investigations
• Access to internal disciplinary records
• Authority to require dismissals where misconduct is proven.

This appears to be driven by public criticism of the Independent Office for Police Conduct (IOPC) for its limited scope and deference to internal investigations, particularly in regard to high-ranking or repeat offender cases.

Conclusion

No organisation is immune to wrongdoing. But when those entrusted to enforce the law become its most egregious violators, public trust collapses. As such, the high incidence of sexual crimes by UK police officers on duty shows not only systemic individual failings but also deep-rooted institutional flaws which need to be redressed urgently.

A zero-tolerance approach is not only a policy ideal; it is imperative in a democratic society. This policy must include independent oversight, reformed vetting processes, and legislative reform to avoid secrecy as much as possible so as to restore public confidence.

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Author's Note: This article includes publicly available information, official reports, and journalistic investigations. It does not allege misconduct by any specific individual beyond those already publicly named and convicted.

ABOUT THE AUTHOR: Dr Andre Alexander, Barrister, Solicitor
Dr Andre Alexander, barrister & solicitor, is a full-service international lawyer with specialisms in human rights, personal injury, medical law, dispute resolution and litigation. He is Managing Partner of ABS&P International Law Firm.

Copyright ABS&P International Law Firm

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