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Claim against police for failure to investigate rape allegations

  • May 28, 2015
  • mmassen
  • Comments Off on Claim against police for failure to investigate rape allegations

 

If you have been a victim of rape or sexual assault and you feel that the police have failed to act appropriately in investigating your complaint or have dismissed it without proper investigation then, if it can be shown this led to your detriment, you may be entitled to an award of compensation.

The action is by virtue of Article 3 of the Human Rights Act which relates to inhuman or degrading treatment.  Recent Court decisions have stated that a failure to investigate such matters can fall within the Act.

This does not give rise to a claim against the police in respect of crimes that they could have prevented had greater or more efficient detective work been carried out (this was decided in the case of Hill  v. Chief Constable of West Yorkshire*), however in certain instances and dependent upon the facts such a claim may be possible.

This is of course subject to any abolition of The Human Rights Act by the Government as intimated by the new Minister of Justice, Michael Gove.

* this case related to the failure of the police to arrest the Yorkshire Ripper, Peter Sutcliffe sooner than they did. The claim made by the mother of one of the victims was that their failure to apprehend Sutcliffe when he was first questioned led to the murder of her daughter, and that this failure resulted in an actionable breach of duty failed..

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