FOI 0204-2024/25 Sexual Assault

REQUEST 1:
What is the number of incidents of sexual assaults and rapes (as defined by Sec 1, 2 and 3 of the Sexual Offences Act, 2003) are reported to the Constabulary (including recent and historic rape) between Jan 2019 – Dec 2023? 

REQUEST 2:
Among the cases noted in the above, what is the incidence of early evidence kit utilization and subsequent DNA collection from the victim?

REQUEST 3:
In instances where DNA was gathered utilizing the early evidence kit, could you specify the types of DNA collected, for example semen samples, vaginal fluid, or other relevant biological materials? 

REQUEST 4:
Could you provide a comprehensive outline of the specific procedures employed for the collection of each type of DNA mentioned previously, within the context of the aforementioned DNA samples? 

REQUEST 5:
What are the established standard operating procedures unique to your constabulary that govern the collection of DNA from sexual assault and rape victims when using the early evidence kit and forensic medical examinations, that adhere to FSR protocols and best practices in evidence collection?

REQUEST 6:
Could you provide the titles of the personnel involved in the process of DNA collection from the victim, including any specialized staff or qualified professionals? 

REQUEST 7:
Regarding the DNA samples collected from victims, I would like to inquire about the utilization of these samples (from early evidence kits) in court proceedings. Could you provide insight into the proportion of these samples that were introduced as evidence in court?

REQUEST 8:
What were the reasons or factors underlying for the exclusion of the DNA evidence samples in court?  

Extent of Searches to Locate Information
Following receipt of your request searches were conducted within North Yorkshire Police to locate relevant information. 

Decision
I am not obliged to provide you with a response to your request pursuant to Section 12(1) of the Freedom of Information Act 2000 (the Act). Please note that when one part of your request falls under Section 12, we are not obliged to review the rest of the questions and the whole request is therefore exempt.

Section 12(1) applies to your request as the cost of complying with your request is above the amount to which we are legally required to respond i.e. the cost of identifying and retrieving any relevant information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.

Due to the nature of our recording systems the information requested, if held, is not in an easily retrievable format. Our information retrieval process generally relies on a computer ran report which captures any information recorded upon the surface of a record or within specified fields. Where relevant information is held deeper in the record, or outside of a specified field, a manual assessment is required to retrieve that information. DNA information is kept within case files and therefore in order to retrieve the requested information, it would be necessary to manually read all sexual offence crimes to determine the information outlined in question 2 and 3 along with establishing personnel involved outlined in question 6, which would exceed the time limit allowed under the Act. 

Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.

Pursuant to Section 16 of the Act I am required to offer you advice and assistance with regarding to refining your request to within the ‘appropriate limit’ (time/cost limit). As a refinement suggestion we may be able to provide statistical data for question 1. Question 4, 5, 7 and 8 may also be able to be provided however these will be reviewed upon receiving your refinement request. If you wish to discuss this, please do not hesitate to contact me.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.