Two Met Police officers have been hauled over the coals after they shrugged off a sex worker’s complaint of attempted rape, instead recording the attack as ‘a slap’. PC Ciaran Upton and former PC Jack Miller were both found guilty of gross misconduct, but avoided dismissal, with PC Upton receiving a two-year final written warning and PC Miller avoiding punishment because he already quit.
The officers attended a call in September 2022, where a woman reported a masked man had tried to force her into sex, brandishing a knife at her when she tearfully refused. In response, PC Upton said ‘so he’s just taken your money and given you a slap’. Reminded of the knife threat by an officer who was already on the scene, PC Upton laughed and said: “Oh yeah I nearly forgot about that.”
The officers then failed to take a statement, or signpost the woman to any victim services. Rather than recording the full details, which included assault, false imprisonment, a knife threat, and a knifepoint rape threat, PC Upton merely recorded ‘a slap’ and said the woman did not want to proceed with a prosecution. The tribunal found this failure of care, along with the failure to investigate properly, amounted to gross misconduct.
Under cross examination, PC Upton said he would have done things differently if he knew of the rape allegation but conceded things could have been done better. The officer also claimed he did not assume anything because the complainant was a sex worker.
But the panel found PCs Upton and Miller should have been more inquisitive when the victim used the words ‘knife’, ‘force’, and ‘crying’, rather than concluding ‘So he slapped you?’. The panel also found the officers ‘minimalised’ the use of a knife. Rather than any deliberate failures, the panel blamed a ‘lack of rigour’ for the officers’ approach.
It wrote: “PC Upton should have realised that the complainant is a sex worker and therefore a vulnerable person and felt was not treated professionally. The Panel agreed that with reference to the national focus on Violence Against Women and Girls, there is a clear expectation that the officers should understand and respond to the seriousness of this type of offence.”
PC Upton received a final written warning of two years, while PC Miller faced no sanction as he had already quit.
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