WIREDGOV

Government response to Advisory Council on Misuse of Drugs report on Drug Facilitated Sexual Assault

HOME OFFICE News Release (Stat 007/2007) issued by The Government News Network on 2 April 2007

We welcome this report which makes a series of useful recommendations for Government and the police about tackling drugs and alcohol in sexual assault.

The report reflects the conclusions of research such as ACPO's Operation Matisse and research by the Forensic Science Service, that alcohol is a major factor in sexual assault.

The use of alcohol or drugs as a tool for sexual assault, whether consumed knowingly or unknowingly by the victim, is deeply reprehensible. This is why we have legislated to create an offence of administering a substance with intent to commit a sexual offence, and introduced a requirement for both partners engaged in sexual activity to have the capacity to consent.

The Government is determined to do all it can to prevent and protect people from sexual assault. That's why today we have launched our cross-Government action plan to embed and further our work in this important area.

It is important to stress that sexual assault is wholly the fault of the perpetrator, and never the responsibility of the victim, irrespective of how much he or she has had to drink. It is, however, important that potential victims are aware of the risks. We have therefore included a headline message about the use of alcohol as a tool in sexual assault in the Government information campaign Know Your Limits!

Response to specific recommendations

1) Home Secretary to seek advice from Law Officers about whether the law could be strengthened to provide protection against opportunistic drug-facilitated sexual assault.

The law already requires that in order to consent to sex, a person must have the 'capacity' to consent. If someone is so intoxicated that they are nearly unconscious, as stated in the report's definition of opportunistic drug-facilitated sexual assault, it is unlikely that they would have such a capacity. We published a consultation paper last year, in conjunction with the Attorney General's Office, which asked whether there is a need to define capacity in law. The results of the consultation will be published shortly.

2) ACMD to re-examine the use of gamma butyrolactone and 1,4-butanediol.

We welcome the offer of the ACMD to re-examine the use of these materials.

3) The Department of Health to ensure that early evidence kits are available in all A&Es and consider developing guidance for staff in A&E and SARCs to improve the management of victims of alleged drug-assisted sexual assault.

It is for the local NHS to decide how they respond to ensure all patients receive appropriate care and support, and therefore it is a local matter as to whether such kits are provided and used in A&E.

The Department of Health have worked closely with the Home Office who have funded the development of 15 Sexual Assault Referral Centres (SARCs) which provide a one-stop location where female and male victims of rape and sexual assault can receive medical care and counselling, and have the opportunity to report to the police and undergo a forensic examination. The Department of Health and Home Office jointly published 'National Service Guidelines for Developing Sexual Assault Referral Centres (SARCs)' in October 2005. In addition, the Home Office have funded a "Care & Evidence" training package (December 2005) to help health and criminal justice staff understand the needs of victims and to equip these services to provide appropriate initial support, gather forensic evidence and make appropriate referrals.

Victims of sexual assault often attend genito-urinary medicine and other sexual health services. The British Association for Sexual Health and HIV have produced a clinical guideline to advise health professionals of best practice in these cases. In addition a joint Department of Health and National Institute for Mental Health programme for victims of violence and abuse (VVAPP) is developing national service guidelines for services and professionals identifying and responding to the needs of victims of rape and sexual assault (including children and adolescents) scheduled for publication in autumn 2007.

4) Further efforts should be made to alert young people to the ways in which the risk of drug-facilitated sexual assault can be minimised.

We are currently running an awareness raising campaign Know Your Limits! about the risks associated with binge drinking. Awareness about the use of alcohol as a tool in sexual assault is included as a key message in the campaign, primarily aimed at young women, but with a secondary audience of young men. As well as radio, poster, print and online ads, the campaign features online information and leaflets including information about staying safe on a night out and minimising the risk of drug-facilitated sexual assault. This builds on a leaflet we funded last year, produced by the Suzy Lamplugh Trust and Alcohol Concern on staying safe when drinking.

Guidance on drugs which was issued to all schools in 2004 which advised schools that teaching about alcohol should explore the links between drinking and personal safety. This could cover issues to do with spiking drinks, loosing control and use of unlicensed mini-cabs.

In 2006, working in partnership with the Home Office and Department of Health, a key stage 3 resource to support drug education in schools was produced. This Understanding Drugs Pack included drug specific information for both pupils and teachers and included a section on tranquillisers such as Rohypnol. Additionally, one of the teaching activities which asks pupils to consider what might happen if they leave their drink unattended at a club/party also provides an opportunity to consider issues around date rape drugs. This has been made available in large quantities to schools and promoted through education and drug networks.

5) Public should be warned that drug detectors cannot be relied on to warn potential victims of the range of possible weapons used in drug facilitated sexual assault.

We accept this recommendation and will add information to the Home Office website.

6) Further research in the area should be promoted. The Forensic Science Service should be encouraged to update the study by Scott-Ham and Burton (16). The British Crime Survey should be asked to repeat its 2001 study especially in respect of those parts of their questionnaire concerned with serious sexual assault. Convictions for drug facilitated sexual assault should also be recorded.

We would welcome further research into this issue.

The BCS Interpersonal Violence Module (IPV) was repeated in 2004-05 and 2005-06, and 2006-07. Questions about drugs and alcohol in sexual assault were included in 2005-06 IPV (results due out later this year) and will be included in the 2007-08 IPV.

It is not currently possible to record convictions for drug-facilitated sexual assault as this is not a specific offence. To flag those offences thought to be 'drug facilitated' (including 'opportunistic' drug-facilitated sexual assault) would be incredibly complex due to the difficulty ascertaining those factors that caused a jury to find the defendant guilty.