Ref:84/06 November 15, 2006
RESULTS OF OPERATION MATISSE

A research study into the dynamics of alleged drug facilitated sexual assault (DFSA) cases has concluded that there is no evidence to suggest widespread use of the so called 'date rape drug' Rohypnol, and only limited traces of GHB were identified. The study, which examined cases between 1 November 2004 and 31 October 2005 considered all alleged or suspected cases of DFSA in the Metropolitan Police, Greater Manchester, Derbyshire, Northumbria and Lancashire police forces as well as the Walsall area of the West Midlands Police.
A total of 120 cases were considered as part of the study. Each participant was asked to provide information via a questionnaire which contributed to the analysis of samples by the Forensic Science Service. The report published today highlights the key findings and the difficulties in firstly identifying this type of offence and secondly the complexities of investigating cases of this type. In most cases, the alleged victims had consumed alcohol voluntarily and in some cases, to dangerous levels.
Dave Gee, co-author of the research and vice-chair of the ACPO Working Group on Rape said:
"This study is the first of its kind in the police service and demonstrates the difficulties faced when investigating offences of this type. The findings contained within the report will assist forces in investigations and also inform the wider public as to steps one can take to minimise the threat of becoming a victim. The police will continue to take any allegations of this nature very seriously as they do for all offences of rape."

Please note that the report on OPERATION MATISSE can be found under the policies section of this website.

ENDS

Notes for Editors

• Please find below the Executive Summary of the report, the full report is available on request from the ACPO Press Office

• The ACPO Press Office can be contacted via 020 7084 8729/28/30/31 (office hours) or via 07803 903686 (out of office hours).
• The Association of Chief Police Officers (ACPO) is an independent, professionally led strategic body. In the public interest and, in equal and active partnership with Government and the Association of Police Authorities, ACPO leads and co-ordinates the direction and development of the police service in England, Wales and Northern Ireland. In times of national need ACPO, on behalf of all chief officers, coordinates the strategic policing response.

• ACPO’s 341 members are police officers of Assistant Chief Constable rank (Commanders in the Metropolitan Police and City of London Police) and above, and senior police staff managers, in the 44 forces in England, Wales and Northern Ireland, and other forces such as British Transport Police and States of Jersey Police.


EXECUTIVE SUMMARY

Operation Matisse was a twelve months study into the nature of drug-facilitated sexual assault (DFSA) in England conducted by the three main services engaged in evidence collection for sexual offences:

The Association of Chief Police Officers (ACPO)
Forensic Science Service (FSS)
Sexual Assault Referral Centres (SARCs)

The findings do not characterise the prevalence of DFSA in the participating police force areas or the country as a whole. Moreover the report does not seek to deny or neutralise the incidence of DFSA but merely view the topic in the context of alcohol and other related issues.


Methodology

The study was carried out using a methodology designed by practitioners in the field of rape investigation. A questionnaire was used which allowed forensic scientists to focus their analyses and helped with the interpretation of findings. The questionnaire is attached in Appendix A. Details of participating agencies is attached at Appendix B.

Furthermore some samples were included in the study from victims who did not seek to pursue the case through to prosecution.

Findings

• In total, 120 cases were submitted for examination.
• 119 of the 120 victims had reportedly been drinking alcohol. However alcohol was only detected in 62 (52%) cases (see para 3.2).
• In 22 out of the 62 (35%) of these cases blood alcohol levels at the time of the incident were estimated to be greater than 200 mg% or greater i.e. more than 2-3 times the driving limit of 80 mg% (mg% = milligrams of alcohol per 100 millilitres of blood).
• In 57(48%) cases controlled or prescribed drugs were detected.
• Cannabis and cocaine were the most commonly detected drugs (in 20% and 17% of cases respectively).
• The combination of drugs and alcohol would exacerbate intoxication.
• Rohypnol (flunitrazepam) was not detected in any of the submitted cases.
• Gammahydroxybutyrate (GHB) was detected in two cases.
• 10 cases were suspected DFSA assaults in which a sedative or disinhibiting drug was detected which either had been given to the victim by an alleged assailant or where the victim denied its legitimate use.
• In 11 other cases DFSA could not be discounted due to a lack of clarity surrounding the circumstances of the case.

If one considers that some of the cases in this study could be opportunistic DFSA assaults (i.e. where an assailant assaults a victim who is profoundly intoxicated by her/his own actions) then high alcohol levels especially if combined with sedating or disinhibiting drugs can play a major part in these types of cases.

The inference drawn is that a modus operandi of some offenders is to facilitate sexual assault by administering drugs, including alcohol to victims. Moreover some may prefer to commit opportunistic assaults after the victim has become intoxicated following their own use of drugs and/or alcohol. This understanding is based upon the experience of the police service across England and Wales and obtained from previous victims of suspected DFSA. There is, however, a recurring complication when establishing the prevalence of this type of offence. To some extent this is due to the timeliness in reporting of these incidents and subsequent delays in collection of forensic evidence.

This research forms its conclusions on the facts available from the data. These data are gathered from participants on the assumption that the information provided them was accurate and truthful.

In respect of the use of GHB, there is some empirical data to support its’ limited use but its early identification is often compromised by delayed incident reporting and the rapid metabolism of this drug. There are indications that further research (incorporating a more focussed examination of hair samples) might be advantageous in an effort to establish the extent of its usage in this type of crime. The research team will be considering this in future.

In terms of the police approach to the investigation of these offences, it is suggested that a more consistent and standardised methodology would, on occasions, generate better quality investigations. In terms of data collection, stakeholders can assist in this with an assessment as to whether the inclusion of DFSA offences (as a separate data-set) would be complementary to wider data recording processes. Police forces, for their part, would benefit from being in a position where they can clearly identify, through modus operandi, the frequency of these allegations together with the attendant social data which can then be used to identify ‘hot spots’ and crime patterns to assist with both detection and prevention initiatives.

Considerations

ACPO to introduce Operation Matisse methodology in all suspected/alleged cases of DFSA;
Home Office to consider changes to recording practices to include DFSA cases as a separate data set;
Forensic service providers to promote the use of the DFSA questionnaire as standard practice in all DFSA cases;
Members of the public to consider the effects of the combination of prescribed medication, voluntary use of recreational drugs and consumption of alcohol in determining their vulnerability of being a victim of crime;
Where appropriate, Home Office/ACPO to implement media campaign to raise awareness of change to issue of ‘consent’ in rape cases emanating from the Sexual Offences Act (2003).

The public should remain alert to the potential of this type of offence. Furthermore they should remain attentive to the advice on how to minimise the threat of becoming a victim of these types of offence. In the unfortunate cases where sexual offences are suspected, all stakeholders (victim, police service and medical practitioners) should be familiar with the subsequent timely action that needs to be taken to assess the circumstances and bring the offender to justice. The wider criminal justice process engenders greater confidence in victims of serious sexual assault when the criminal justice - partner agencies work as a team. There is little doubt that a concerted effort amongst police, CPS, voluntary sector and other relevant agencies that is based on a non-judgmental attitude to complainants together with a quality and timely response will deliver benefits.

Finally, the public at large is encouraged to discard any value opinions applied to victims and focus their deliberations to the facts of each case before reaching any conclusions.