Revealed: Scandal of 1,374 hospital sex attacks – and just 26 charges

Exclusive: Almost 400 allegations of rape, including gang rapes, in mental health units were reported to the police in the past two years

(Indy)

Police are failing to get justice for mental health patients who have suffered alleged sexual violence in hospitals as new figures show only a handful of complaints end up in criminal charges.

Figures uncovered by The Independent show more than 1,374 reports of rape and sexual assault within psychiatric hospitals were made to police in the past two years but just 26 – less than 2 per cent – resulted in a charge.

The majority of these reports relate to alleged assaults on patients – all of whom are mentally unwell – and include crimes such as rape, sexual assault and voyeurism.

The shocking findings come after a major exposé by The Independent and Sky News revealed a “national scandal” of abuse in NHS-run mental health hospitals, with almost 20,000 reports of sexual assault or harassment reported in the past five years.

More alleged victims have come forward since the investigation was published, with several telling The Independent that their allegations were not taken forward by the police.

The Independent can now reveal that:

• 357 allegations of rape – three of them gang rapes – were reported to police across 340 mental health wards in the past two years
• A woman in a mental health unit reported five alleged sexual assaults in a single year in Gloucestershire
• The main reasons for claims not being taken forward are “evidential difficulties”, the suspect being too ill or there not being a public interest in prosecuting

One senior police officer told The Independent: “Officers are far too quick to assume because you’re in hospital under the Mental Health Act, it must mean your evidence will be unreliable.”

Amelia Handy, from the charity Rape Crisis, said in response to the figures: “It is gravely concerning that rape and sexual abuse is so rife within mental health wards, where patients should be safe from harm.

“It is not acceptable that those with serious mental health concerns are at the sharp end of victim-blaming – deemed unreliable without any access to justice. This also gives the message that sexual violence can be perpetrated with impunity.”

According to the figures from 41 police forces, obtained under the Freedom of Information Act, complaints were made across 340 private and NHS hospitals from 2021 to 2023. Of these, just 26 resulted in charges or summons.

The police data does not include the number of convictions, nor whether the complaints were referred to the Crown Prosecution Service, the body which makes a charging decision.

Catriona Rubens, associate solicitor within law firm Leigh Day’s abuse team, called for the government to introduce a mandatory regulatory scheme for healthcare workers, as is the case for doctors and nurses.

Ms Rubens said her team dealt with one case in which a healthcare assistant on an inpatient ward had been able to use a false name and abscond, meaning the police could not trace him.

She told The Independent: “Sadly, I think there can be an inherent bias against people who are in mental health situations and whether or not they are going to be believed by a jury.”

This may affect the CPS’s decision-making, she claimed, because prosecutors have to consider whether there is a realistic prospect of conviction.

She added: “There’s also the fact that people are in very, very vulnerable places in their lives when this happens, and not all of our clients want to pursue criminal convictions.”

Figures uncovered by The Independent show more than 1,374 reports of rape and sexual assault within psychiatric hospitals were made to police in the past two years but just 26 – less than two per cent – resulted in a charge (Shutterstock/Boyloso)

Last year, following a series of stories by The Independent, former health secretary Steve Barclay launched a national review into mental health services. The review, which began this year, will now also look at whether hospitals are ensuring the “sexual safety” of staff and patients.

But campaigners and patients have called for a specific inquiry into sexual assault across the sector.

One patient, Kelly, whose name we have changed to protect her identity, told The Independent she was sexually assaulted five times while under the care of Gloucestershire Health and Care Foundation Trust.

In the first alleged incident in June 2022, Kelly claims she was sexually assaulted in a cemetery opposite the hospital by a stranger. Distressed and confused, she called her ward to alert them to what had happened but was apparently told she would have to make her own way back.

According to Kelly’s family, the police were not called for several hours after the alleged attack.

Kelly claims she was subjected to four further sexual assaults in the presence of staff members while in Wotton Lawn Hospital. On two occasions, she claims to have been assaulted by male patients in a mixed-sex communal courtyard. Two further assaults were perpetrated by female patients on the ward, she said.

“Staff would assure me that they’d be vigilant and ensure that I was safe. However, they never did... they seemed to forget about it. I didn’t get any support on the ward,” she said.

After each assault, Kelly said staff were dismissive and that she was told by police they would likely not be able to do anything because the accused patients were mentally unwell.”

Kelly and her parents have complained to the trust but have not yet heard about the outcome of any investigations.

Sixteen reports of rape or sexual assault involve Wotton Lawn Hospital (Google Maps)

Her stepfather said: “Some staff have been amazing but multiple staff failed to keep patients safe, even after the third assault occurred.”

Data for Gloucestershire Constabulary shows 28 reports of rape or sexual assault were made for hospitals run by GHC, 16 of which were from Wotton Lawn Hospital. No charges were brought.

Gloucestershire Health and Care said it could not discuss individual cases but claimed it has carried out reviews of any incidents, reporting processes, and training to “minimise risks”.

Gloucester Police said of the cases reported at Wotton Lawn Hospital that 10 were finalised with no suspect, 12 involved the injured party being unable to support the investigation, and four where there were evidential difficulties.

The force said it is working with the CPS to increase the number of rape cases successfully prosecuted and is an early adopter of the Home Office’s Operation Soteria – which brings together police forces, academics and policy leads to strengthn forces’ responses to rape and serious sexual offences (Rasso).

A CPS spokesperson said it takes every referral very seriously and all cases of rape or sexual assault are considered by specialist prosecutors. If a subject has a mental health condition, that is taken into consideration but it is by no means an automatic defence, with each case considered on its own merits.

In 2011, the government brought in new standards banning the use of mixed-sex accommodation. Despite this, they are still in use across NHS mental health services.

The Department for Health and Social Care said patients should not have to share sleeping accommodations and should have segregated bathroom and toilet facilities. It is currently updating guidelines on this, it said.

The Home Office was approached for comment.

If you need to seek support for anything sexual that happened to you without your consent you can call Rape Crisis on 0808 500 2222, 24 hours a day, every day of the week.