Crosswords0 min ago
Enhanced CRB disclosure (Rape case)
7 Answers
Hi. I'm just wondering if anyone could give me a little advice. My boyfriend and his friend were arrested on suspicion of rape 2 and a half years ago. His friend had slept with the girl, and she later said that he raped her and that my boyfriend was an 'accomplice' to rape. They were interviewed seperately, and were released the same day (on bail). The police and solicitor who represented them ksaid at the time that they knew they were saying the truth from the start and said that they simply had to follow procedures. They received a letter before the bail date to say that the case had been dropped (we are unsure whether this was due to little/no evidence, or whether the girl decided to drop it). My boyfriend is now a teacher and needs to complete a CRB check for a new job. He loves working as a teacher and doesn't want anything that could jeopardize his career to show up on the check. Would this show up as he was never convicted of anything, and this is the only thing he has ever had dealings with the police for?
I am also working with vulnerable adults, and would like to know whether it would show up on my checks in future as I live with him.
Any help would be greatly appreciated.
I am also working with vulnerable adults, and would like to know whether it would show up on my checks in future as I live with him.
Any help would be greatly appreciated.
Answers
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I presume the CRB is the same as 'Disclosure Scotland'?.. If that's the case then yes, The arrest (and charge) will be disclosed by the police but it shouldn't affect you.
It's a completely unsound system and innocent people get criminalised as easily as real threats get overlooked.
I see the same mentallity used in reverse very often in our small community when the usual suspects of crime around here are rewarded with lesser penalties because they've "been out of trouble for 'X' amount of time"!.. (Or have avoided capture)
It's a completely unsound system and innocent people get criminalised as easily as real threats get overlooked.
I see the same mentallity used in reverse very often in our small community when the usual suspects of crime around here are rewarded with lesser penalties because they've "been out of trouble for 'X' amount of time"!.. (Or have avoided capture)
There can be no definite answer to your question. An enhanced CRB check shows everything that the standard check does, plus anything which a senior police officer (or other relevant professional) believes might be relevant.
For example, a teacher posted here on AB to say that his CRB check had shown an allegation of 'grooming a child for sex', which had been made against him, even though nobody had ever questioned him about or even made him aware of it.
Similarly, a teacher I know of found that her CRB check showed her partner's conviction for downloading child pornography.
If the police only ended the investigation (about the alleged rape) because the CPS advised them that there was insufficient evidence to obtain a conviction (rather than because they became wholly convinced that the complainant was lying) it's likely that they'll seek to have the allegation recorded on any CRB check for your boyfriend. It's probably less likely (but not impossible) that the allegation would appear on your own CRB check.
The inquiry which followed the Soham murders strongly criticised the police for failing to ensure that unsubstantiated allegations of sexual misconduct were not included on Ian Huntley's CRB check. It's understandable that police forces now seek to 'cover their backs' (and to protect vulnerable people) by ensuring that unproven allegations are always recorded in enhanced CRB checks, but the policy risks ruining the careers of many dedicated (and totally innocent) professionals.
Chris
For example, a teacher posted here on AB to say that his CRB check had shown an allegation of 'grooming a child for sex', which had been made against him, even though nobody had ever questioned him about or even made him aware of it.
Similarly, a teacher I know of found that her CRB check showed her partner's conviction for downloading child pornography.
If the police only ended the investigation (about the alleged rape) because the CPS advised them that there was insufficient evidence to obtain a conviction (rather than because they became wholly convinced that the complainant was lying) it's likely that they'll seek to have the allegation recorded on any CRB check for your boyfriend. It's probably less likely (but not impossible) that the allegation would appear on your own CRB check.
The inquiry which followed the Soham murders strongly criticised the police for failing to ensure that unsubstantiated allegations of sexual misconduct were not included on Ian Huntley's CRB check. It's understandable that police forces now seek to 'cover their backs' (and to protect vulnerable people) by ensuring that unproven allegations are always recorded in enhanced CRB checks, but the policy risks ruining the careers of many dedicated (and totally innocent) professionals.
Chris
This is a deperately difficult area now. If a police officer (or another professional involved in your boyfriend's case) considers that there may be a risk the current safety first policy dictates that such suspicions are recorded (thank you, Ian Huntley). My wife lost her new teaching post, despite years of unblemished service, because, in the opinion of one anonymous officer, she was thought in audio recordings of stories she made for a friends website to have referenced underage sex. While her CRB check acknowledged this was not unlawful as such, it gave rise to concern. We appealed the CRB check, but the police dug in their heels. It took a substantial, cross-disciplinary meeting, at which we could not be represented. Result, one out of work teacher, never accused nor even questioned about her non-crime.
When the Independent Safeguard Authority comes into play later this year, I cannot see anything other than a tightening of the rules. Fundamentally, anyone can be deprived of their living by a rumour, and once marked, there is currently no process for removing the stain.
My advice is to get an enhanced check before having to provide one for the school if possible: forewarned is forearmed. If (as is likely), he was checked before teaching practice, all may be well, but the potential for a damaging caprice on the part of the police is still there. I wish you and your boyfriend well: I will pray that he is able to enjoy many years of teaching.
When the Independent Safeguard Authority comes into play later this year, I cannot see anything other than a tightening of the rules. Fundamentally, anyone can be deprived of their living by a rumour, and once marked, there is currently no process for removing the stain.
My advice is to get an enhanced check before having to provide one for the school if possible: forewarned is forearmed. If (as is likely), he was checked before teaching practice, all may be well, but the potential for a damaging caprice on the part of the police is still there. I wish you and your boyfriend well: I will pray that he is able to enjoy many years of teaching.
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