How to Report Being Abused to the Police

Posted on: 6 mins read
Last updated:
Liam Goggin

Director of Public Law Practice Area

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Deciding to report physical or sexual abuse to the police can be one of the most difficult decisions you will ever make. We understand that talking about what happened can bring back painful memories and emotions, and many survivors understandably worry about what the reporting process will involve.

There is no right or wrong time to come forward. Some people report abuse soon after it happens, whilst others may not feel able to speak about their experiences until many years, or even decades, later. Every survivor's journey is different.

For many people, reporting abuse is about more than a criminal investigation. It can be an opportunity to have their voice heard, seek answers, help protect others from harm and, for some, take an important step towards accountability.

If you decide to report abuse, you should be treated with dignity, respect and sensitivity throughout the process. You may also be offered support from specially trained officers and independent support services.

Our specialist Abuse Claims team can help you understand your legal options alongside any police investigation.

Do I have to report abuse to the police?

No. Reporting abuse is a personal decision and not every survivor chooses to do so. Whether or not you report the abuse to the police, you may still be able to bring a civil claim.

A criminal conviction is not always required to pursue a civil claim for compensation. If you are unsure about your options, our Abuse Claims team can explain the differences between the criminal and civil processes and advise you based on your individual circumstances.

Whilst every investigation is different, the process in England or Wales will usually involve the following stages:

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To find out more about how we can help with a criminal injuries claim, get in touch with our compassionate and experienced team.

Step 1: Filing the police report

You can report abuse by contacting your local police force. This can usually be done by calling 101, reporting the matter online, attending a police station or, in an emergency, calling 999.

When you first contact the police, an officer will speak with you about what has happened and explain the next steps. They may ask you to provide an initial account immediately or arrange a later appointment where you can give a more detailed statement in a private and supportive environment.

Depending on the nature of your case and the police force involved, your report may be handled by specialist officers with experience of investigating sexual offences or child abuse.

Once your statement has been taken, the police should explain how the investigation will progress, what you can expect at each stage and how they will keep you updated.

Step 2: Police Investigation

Once a report has been made, the police will begin investigating the allegations.

The investigation may include speaking to witnesses, reviewing records, obtaining medical or forensic evidence where available, examining digital evidence and interviewing anyone who may be able to assist the investigation. Depending on the circumstances, the police may also interview the person accused of the abuse.

Every investigation is different. Some can be completed relatively quickly, whilst others, particularly those involving historic abuse or multiple victims, may take considerably longer. Your investigating officer should keep you informed about the progress of your case and any significant developments.

Step 3: A decision on prosecution

Once the police have completed their investigation, they will decide whether there is sufficient evidence to refer the case to the Crown Prosecution Service (CPS).

In some cases, the police may decide there is insufficient evidence to take the investigation any further. This is known as No Further Action (NFA).

Where the police believe there is sufficient evidence, they will refer the case to the CPS. The CPS is responsible for deciding whether criminal charges should be brought. They will consider whether there is enough evidence to provide a realistic prospect of conviction and whether a prosecution is in the public interest. As part of this process, you may be asked to attend a pre-trial witness interview.

If the CPS authorises criminal charges, the accused will be charged and will usually appear before the Magistrates' Court. Depending on the circumstances of the case, they may be released on bail with conditions, remanded into custody until their first court hearing, or dealt with in another way determined by the court.

If the CPS decides not to prosecute, this can be extremely difficult to hear. However, it is important to remember that this does not necessarily mean they do not believe what you have said. Criminal cases require proof beyond reasonable doubt, which is a very high legal threshold. There are many reasons why a prosecution may not proceed, even where abuse has occurred.

Step 4: Court proceedings

If the CPS decides to prosecute, the accused will first appear before the Magistrates' Court. More serious offences, including many sexual offences, will then usually be referred to the Crown Court for trial before a judge and jury.

The length of the trial will depend on the complexity of the case, the evidence available and the number of witnesses involved. Some trials last only a few days, whilst others can continue for several weeks.

If you are required to give evidence, the court can often provide special measures to help you give your best evidence. These may include giving evidence by live video link, from behind a screen, through pre-recorded evidence in certain circumstances, or with other adjustments depending on your individual needs.

Once all of the evidence has been heard, the judge will summarise the case and explain the relevant law to the jury. The jury, which usually consists of 12 people, will then consider all of the evidence before reaching a verdict.

Step 5: The outcome

After considering all of the evidence, the jury will decide whether the defendant is guilty or not guilty.

If the defendant is found guilty, the judge will decide on the appropriate sentence. In some cases, sentencing takes place immediately after the verdict, whilst in others the judge may adjourn the case to consider the appropriate sentence before returning to court at a later date.

If the defendant is found not guilty, or if the CPS decides not to prosecute, this can understandably be extremely upsetting. However, it is important to remember that this does not necessarily mean your account has not been believed. Criminal cases must be proved beyond reasonable doubt, which is a much higher legal threshold than applies in civil claims. There are many reasons why a criminal prosecution may not proceed or result in a conviction.

Whatever the outcome of the criminal case, support remains available. It is also important to remember that a civil claim may still be possible, even where there has been no criminal prosecution or conviction. Our specialist Abuse Claims team can advise you on your legal options based on your individual circumstances.

Support from Simpson Millar

Whether you have already reported abuse to the police, are considering doing so, or have decided not to report it, our specialist Abuse Claims team is here to help you understand your legal options.

A civil claim is separate from a criminal investigation and focuses on whether an individual or organisation can be held legally accountable for the abuse you experienced and the impact it has had on your life. In some circumstances, it may still be possible to bring a civil claim even where there has been no criminal prosecution, no conviction, or where the abuse was never reported to the police.

We understand that taking the first step can feel overwhelming, particularly if you have never spoken about the abuse before or if it happened many years ago. Our role is to listen to your circumstances with compassion, explain the legal process in clear, straightforward language, and answer any questions you may have so you can make informed decisions at your own pace.

If you decide to pursue a civil claim, we will guide you through each stage of the process, keeping you informed and supported throughout. If you decide not to proceed, we will ensure you have the information you need to make the decision that is right for you.

If you would like to speak to a member of our Abuse Claims team in confidence, call us today on 0808 239 5461 or request a callback to find out how we may be able to support you.

References:

www.simpsonmillar.co.uk. (2023). Physical and Sexual Abuse Claims | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/

Crown Prosecution Service (2019). The Crown Prosecution Service. [online] The Crown Prosecution Service. Available at: https://www.cps.gov.uk/.

Liam Goggin

Director of Public Law Practice Area

Areas of Expertise:
Abuse Claims

Liam works as the Head of the Department in Abuse Claims at Simpson Millar.

In this role, he oversees a team of experienced abuse lawyers and is a part of our Leadership Team. His primary focus is on Child Abuse Claims, and he handles cases against schools, local authorities, religious and charitable organisations, private companies, and notably cases for individuals who have been criminally convicted of offences.

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