FOI Rape Investigations (1004-2023/24)

Request

Q1. For adult rape crimes investigated by North Yorkshire Police that led to an offender being charged in the last five years, please provide the date the investigation opened and the date the offender was charged in each case. (To be clear, I would like details for all adult rape crimes where the offender was charged within the last five years, even if the investigation was opened before that period.)
Q2. For all adult rape crimes still being investigated by North Yorkshire Police that have yet to see an outcome, please provide the the date the investigation was opened. (Again, to be clear, in this case I would like details for all adult rape crimes that have yet to see an outcome regardless of the date the investigation was opened, and not just those from the last five years.)

Response

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.

Decision

I have today decided to disclose the located information to you.

Q1. Please see the table below which details the number of rape crimes investigated by North Yorkshire Police where the victim was an adult at the time of the offence and which resulted in a suspect being charged from 01 January 2019 to 31 December 2023, broken down by year.

Year	Count
2019	18
2020	59
2021	42
2022	53
2023	64
Total	236

I am exempting any further information pursuant to Section 40(2) of the freedom of information act. Please see the exemption explanation below.

Q2. I am exempting any information to this question pursuant to Section 40(2) and Section 30 of the freedom of information act. Please see the exemption explanation below.

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. Please see the exemption explanations below.

Exemption Explanation

Section 40 – Personal Information

I am exempting providing you with the opening and closing dates of each crime pursuant to Section 40(2) Freedom of Information Act (the Act).  This is to ensure anonymity for those involved in each case. I have, however, provided other details relating to investigations to assist in your request, but maintain the elimination of any identification.

Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.

In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.  In this instance, personal information can only be disclosed to the individual concerned. 

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.

Section 30 – Investigations

Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.

Public Interest Test S30

Reasons for Disclosure

Better public awareness which may reduce crime. The public have an interest in understanding how the police investigate crime. There is legitimate public interest in knowing how public funds are spent.

Reasons against Disclosure

Law enforcement tactics could be compromised. The force’s future law enforcement capabilities would be affected. Disclosure could hinder the prevention and detection and crime, as any offenders could potentially take measure to avoid detection.

Balancing Test

After considering the reasons for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.

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.