Abuse of Position for a Sexual Purpose Standing Order PDF

**ABUSE OF POSITION FOR A SEXUAL PURPOSE STANDING ORDER** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+=========================...

**ABUSE OF POSITION FOR A SEXUAL PURPOSE STANDING ORDER** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+===================================+ | Reference No | SO PSD 4 | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | | +-----------------------------------+-----------------------------------+ | Ownership | | +-----------------------------------+-----------------------------------+ | Document Author | | +-----------------------------------+-----------------------------------+ | Approved by | | +-----------------------------------+-----------------------------------+ | Approval Date | | +-----------------------------------+-----------------------------------+ | Implementation Date | | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | | +-----------------------------------+-----------------------------------+ | Last Revised Date | | +-----------------------------------+-----------------------------------+ | Quality Assured by | | +-----------------------------------+-----------------------------------+ | Protective Marking | | +-----------------------------------+-----------------------------------+ | Linked to other | [Code of | | | Ethics](https://modgovuk.sharepoi | | Standing Order/Policy | nt.com/:w:/r/teams/25468/STANDING | | | %20ORDERS%202023/Standing%20Order | | | s%202023%20onward/PROFESSIONAL%20 | | | STANDARDS%20DEPARTMENT/PSD%205.do | | | cx?d=w518b40b60a8340198aa944f1751 | | | 0ac89&csf=1&web=1&e=Xg2vjg) | +-----------------------------------+-----------------------------------+ | Relevant Legislation | | +-----------------------------------+-----------------------------------+ | Pages | | | | | | (including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** +-----------------------+-----------------------+-----------------------+ | [[Background]{.underl | [[Page | [[Section | | ine}](#Background1) | 3]](#Back | 1]](#Back | | | ground1) | ground1) | +=======================+=======================+=======================+ | [Strategic | [Page 4] | [Section | | Intent](#Introduction | | 2](#Introduction) | | ) | | | +-----------------------+-----------------------+-----------------------+ | [Key | [Page | [Section | | Principles](#KeyPrinc | 5](#KeyPrinciples3) | 3](#KeyPrinciples3) | | iples3) | | | +-----------------------+-----------------------+-----------------------+ | [Abbreviations and | [Page | | | Glossary](#Definition | 8](#Definitions) | | | s) | | | +-----------------------+-----------------------+-----------------------+ **1.** []{#Background1.anchor}**Background** 1.1 'Policing' is founded on public co-operation resulting from approval and respect for Police Officers' behaviour. The legitimacy of the Service is strengthened when the public have faith in the professionalism of police officers; conversely it is undermined by behaviours that erode trust and confidence. 1.2 The public expect police officers to protect them; that is their role. When this role is compromised by officers who abuse their position for a sexual purpose, then this behaviour amounts to serious corruption and can never be condoned. Exploiting such a position for a sexual purpose is a violation of the trust the public has in Police to serve and protect them. 1.3 Back in 2011, the ACPO Counter Corruption Advisory Group (ACCAG) commissioned a questionnaire which was sent to all Police forces in England, Scotland and Wales. Purpose of this questionnaire was to form a better understanding of the afore mentioned type of corruption. Around the same period, the Independent Police Complaints Commission (IPCC), also began to research on the same topic due to an increase in the numbers of referrals being made to them in relation to these matters. 1.4 In 2012, the IPCC, in conjunction with ACPO (now NPCC), commissioned a report relating to the abuse of police powers to perpetrate sexual violence. The report illustrated six case studies and outlined a number of recommendations, including a checklist for the police service to self-assess its position around prevention, prediction and investigation of this kind of conduct. 1.5 The Code of Ethics was introduced by the College of Policing in 2014, concerning everyone who works in policing in England, Wales, and Scotland. Soon after the SBA Police also adopted the Code of Ethics. The Code highlights the responsibility of officers to behave in such a way that they will earn and maintain the trust and support of the community. In particular, the code highlights that police officers will behave in a manner which brings credit to the force and strengthens public confidence in policing. 1.6 In December 2016, Her Majesty's Inspectorate of Constabulary published its [Legitimacy Report of the 2016/17 PEEL Inspection](https://www.justiceinspectorates.gov.uk/hmicfrs/wp-content/uploads/peel-spotlight-report-abuse-of-position-for-a-sexual-purpose-1.pdf). This report highlights the issue of police officers developing inappropriate relationships with victims of domestic abuse and vulnerable individuals and stresses the need for a comprehensive policing response, including clear messages about the seriousness of this form of corruption and an emphasis on prevention. 1.7 Despite sometimes significant pressures, it must be stressed that the vast majority of police officers conduct themselves with the highest standards of integrity; however, the inspection found that nearly all Police forces have dealt with or are dealing with cases related to abuse of position for a sexual purpose. The position of power that police officers hold, requires that the service ensures reasonable and proportionate safeguards are in place to prevent it from being exploited, and that in any case that happens, that it is quickly identified and properly addressed. **2.** []{#Introduction.anchor}**Strategic Intent** 2.1 This policy will define the strategy for the abuse of position for a sexual purpose and will provide a framework for the SBA Police to respond effectively to this issue, which has so significantly the potential to undermine the public's confidence. The abuse of position for a sexual purpose, is classified as serious corruption and should always be treated as such, regardless of whether criminal charges ensue or not. Such abuse includes sexual intercourse, sexual touching or sexual contact, whether or not it is initiated by a member of the public requesting favours in exchange for pursuing or not pursuing a police function (e.g. a speeding fine or an arrest), gratuitous sexual contact (e.g. inappropriate or unnecessary searches) and sexually inappropriate communications or unnecessary contacts for the purpose of developing a sexual or improper emotional relationship (by using Police or private communication systems). 2.2 The use of Police data or Police systems to identify individuals with a view to pursue a sexual or improper emotional relationship is also an abuse of position. What is important to note here is the imbalance of power between police officers and members of the public. In abuse of position cases such as these, a member of the public does not have to be vulnerable for the definition of abuse of position for a sexual purpose to be made out. However, the vulnerability of the victim may be considered as an aggravating factor. 2.3 Vulnerability may arise out of the civilian's age, mental health, level of abuse of alcohol or drugs or out of their circumstances at a particular time, for example being victims of domestic abuse, victims of crime, suspects or witnesses to any offence, or even when suffering bereavement. However, vulnerability must always be considered in its widest sense and it should be recognised that victims of this kind of corruption related offences, often do not see themselves as victims or indeed vulnerable. 2.4 The abuse of position for a sexual purpose is defined as: 'any behaviour by a police officer, whether on or off duty, that takes advantage of their position as a member of the police service to misuse their position, authority or power in order to pursue a sexual or improper emotional relationship with any member of the public'. 2.5 This includes committing a sexual act, initiating sexual contact with, or responding to any perceived sexually motivated behaviour from another person; entering any communication that could be perceived as sexually motivated or led; or for any other sexual purpose. 2.6 The SBA Police is committed to work together with partners to prevent abuses of position for a sexual purpose, gather intelligence to ensure cases are identified as early as possible, develop the policing response to such incidents and engage others to raise awareness and to build public confidence that the service takes the issue very seriously. **3.**[]{#KeyPrinciples3.anchor} **Key Principles** 3.1 **Prevention** 3.1.1 We will ensure that professional boundaries are clearly defined, and that officers clearly understand the standards that are expected of them. We will seek to prevent cases of officers abusing their position for a sexual purpose through selection, training, and supervisory practises. We will gather information and carry out analysis to understand the areas of highest risk. 3.1.2 We will do these things by adopting measures including: - Publishing of Policy and guidance on professional boundaries. - Equipping supervisors so that they understand the signs and signals of officers who may be abusing their position and what action to take. - Recruitment and vetting processes will ensure that officers are selected and offered employment based on values that are in line with the Code of Ethics and the Standards of Professional Behaviour. - Ensuring that enhanced vetting procedures are in place within SBA Police and BFC policies for posts where officers are more likely to have contact with vulnerable people. - Working with partners to develop an evidence-based understanding of the abuse of position for a sexual purpose and what works to prevent and detect it effectively. - Consistent internal publication of misconduct outcomes. 3.2 **Intelligence** 3.2.1 The SBA Police service must proactively continue to gather intelligence and information from a wide variety of sources in order to prevent and detect corruption of this kind. We will do this by developing our use of intelligence assets to address this issue. Officers, civilian staff, partner agencies and the public must have the means to report information regarding the abuse of position for a sexual purpose and have the confidence that it will be taken seriously and handled sensitively. 3.2.2 The SBA Police will improve the way they look for and receive intelligence in the following ways: - We must have a trusted means of confidential reporting. - Partner agencies who work with vulnerable children and adults will be made aware of how they can report concerns of this kind and that they will be taken seriously. - The Professional Standards Department (PSD) will maintain regular contact with partners to facilitate ongoing intelligence gathering. - The PSD will routinely analyse the information they hold to identify and investigate the abuse of position for a sexual purpose. This will include the audit and monitoring of the use of Police systems. - The PSD will identify and address any intelligence gaps that they have in relation to corruption of this nature using a variety of intelligence sources. - The PSD will use an evidence-based risk assessment methodology to assess available intelligence and identify potential abuse of position for a sexual purpose and take appropriate action. 3.3 **Enforcement** 3.3.1 It is essential that the abuse of position for sexual purpose is identified as a form of serious corruption. As such it will be appropriately recorded and referred to the PSD so that a decision can be made as to how the matter should be investigated. It will be ensured that the PSD has the skills, abilities, capacity and experience to investigate offences of this kind and that they work together with partners to establish the truth, support victims and witnesses, bring perpetrators to justice and maintain public confidence in the service. 3.3.2 We will do this by adopting measures including: - Ensuring that the process for the public and the Police to make a report of an abuse of position for a sexual purpose is readily available, straightforward, and transparent. - All cases of abuse of position for sexual purpose will be recorded as serious corruption and will be referred to the PSD. - Investigations will be fair and proportionate in the interests of truth and justice. - An investigative checklist will be used to ensure consideration of all appropriate lines of enquiry. - Officers managing investigations into the abuse of position for a sexual purpose will ensure that appropriately trained staff and partner agency support is accessed throughout the investigation. - Recognising specific victim needs as victims may be targeted due to their vulnerability. - Care must be taken at all stages of the investigation to address any specific victim needs by virtue of age, mental health, level of drug or alcohol abuse, victim or offender status or any other vulnerability. It must be recognised that some victims of such abuse do not see themselves as victims. - Engaging with and raising awareness of this type of corruption with partner agencies. 3.4 **Malicious Allegations** Police officers can be subject to malicious allegations for a variety of reasons and therefore care must be taken to establish the truth about what has happened and make fully documented decisions using the national decision-making model. The subject of an allegation of this kind can be under considerable stress and it is essential that a risk assessment is carried out to identify and manage the risk to the victim, other members of the public and the officer subject of the allegation or intelligence. 3.5 **Engagement** 3.5.1 Cases of this kind can be significantly damaging for public confidence. To maintain or restore confidence it is necessary to engage openly and honestly with vulnerable people and those who support them. It is also crucial that the internal legitimacy is maintained through engagement with the workforce. Officers need to understand the boundaries within which they are expected to operate and see consistency and fairness in the response of the Organisation when these are breached. 3.5.2 The SBA Police will engage with employees, the public and partners in a number of ways including: - Identifying partner agencies who work with vulnerable groups and working with them to raise awareness of this issue so that steps can be taken to prevent and detect corruption of this kind. - Raising awareness of this kind of corruption in particular with the staff association and senior management. - Engage in reviewing cases to ensure that lessons are learned from investigations into abuse of position cases and that they are disseminated effectively through appropriate channels, e.g. loose minutes and newsletters. - Engaging with agencies that provide services to victims and witnesses to ensure they are aware of any case of abuse of position for a sexual purpose and can provide appropriate support. 3.6 **Governance and Delivery** 3.6.1 This strategy is owned by the chair of the Human Resources Steering Group, the Deputy Chief Constable. Its implementation will be monitored and governed through this group. The PSD will monitor progress against the strategy. 3.6.2 Divisional leadership is essential to the effective delivery of the strategy and will be in continuous consultation with the PSD for the strategy to be delivered locally. []{#Definitions.anchor}**Abbreviations and Glossary** ***ACCAG :** ACPO Counter Corruption Advisory Group* **ACPO *:*** *Association of Chief Police Officers* ***IPCC :*** *Independent Police Complaints Commission* ***NPCC :** National Police Chiefs' Council* ***PSD: Professional Standards Department***