(This information is provided by The Metropolitan Police, and it operates for London).
If you’re engaging in chemsex and something happens that you’ve not consented to or you’re assaulted, we understand you could be nervous about reporting it to the Police, but we hope this advice will address those concerns.
IF YOU ARE UNDER THE INFLUENCE OF DRUGS:
All allegations of crime are taken seriously and sexual assaults are dealt with sensitively by specially trained Officers. They’re trained to understand the difficulties faced by someone reporting sexual violence and can direct you to the most appropriate support services.
You’ll be asked if you’ve taken or used drugs or alcohol, this is mainly to make sure you’re feeling well enough to give a proper account of what happened, and legally agree (consent) to a medical examination, if that’s required. If you aren’t able to they can take some basic information and take a statement and tests at a later date.
It’s also important that the Police know from the start if there were any drugs and/or alcohol involved, because if it comes out later it might affect how well you are believed. Not because you’ve taken drugs, but because you didn’t give the full information from the beginning, which might look like you’re trying to hide something.
You won’t be arrested for using or telling the Metropolitan Police if you’ve used drugs; that isn’t illegal.
You can report to the Police online, by calling 101 if it isn’t an emergency, and on 999 if you or someone else are in immediate danger.
If you want to report to the Police anonymously, you can do that as well.
IF YOU ARE IN POSSESSION OF DRUGS:
If you tell the Police that you’re in possession of drugs, or that you supplied (shared or sold) drugs in the past, they can’t ignore this, as physical possession, supply, or possession with intent to supply (PWITS) are criminal offences.
If you were the victim of a crime when you were taking drugs, and you don’t tell the Police but it comes out later, it might affect any future court case. You might be seen as a less reliable witness or victim because you kept information back, but you’ll be able to explain why you did this.
The law that deals with drug offences is the Misuse of Drugs Act 1971
IF YOU ARE ARRESTED:
You won’t be arrested for using drugs while having sex; if you admit to criminal offences (for example, supply of drugs, committing rape or other sexual offences) you’ll be arrested.
If you work with children or vulnerable adults (as an employee or volunteer), the Police might tell them you’ve been arrested, but this depends on the offence and other things. This is called a disclosure.
There’s no set list of jobs or types of jobs that will trigger the Police telling your employer, or an organisation where you volunteer, if you’re arrested. Instead, the Police has the power to decide what information to disclose, and who to – this is under the Common Law Police Disclosure (CLPD) scheme.
The Police will only disclose information if they identify a ‘significant risk’ and an ‘urgent pressing’ social need to address. The National Police Chiefs’ Council (NPCC) says that ‘pressing social need might be the safeguarding, or protection from harm, of an individual, a group of individuals, or society at large.’ We have a duty to balance public interest against your rights, including how a disclosure might affect your private life.
If you’re in a job or voluntary role that involves being in a position of trust or responsibility with the public, the Police will definitely think about making a disclosure. The decision will be based on:
- your job/type of work
- the offence being investigated
- any specific circumstances
- an assessment of risk to an individual or group of people
Any disclosure has to be authorised by an experienced Officer.
The Police can’t make a decision about what happens with your job – they just just give the information to your employer so they can decide what, if anything, to do. Your employer should have policies in place on how to deal with this situation.
WILL THE POLICE ATTEND IF AN AMBULANCE IS CALLED?
The emergency services work together, even though you may have only asked for an ambulance it is possible Police may still attend as well.
Police are likely to attend if:
- there’s suspicion that a crime has been committed
- entry (to the premises) may need to be forced to let the ambulance crew in
- the patient may be a danger to themselves
- the patient may be a danger to the ambulance crew
There are lots of specific reasons why the Police can enter (and search) a property without a warrant. They also have a general power to enter to arrest someone or ‘to save life or limb’. So if, for example, an ambulance crew arrive and are refused entry by the occupier they’ll call the Police for help.
They can then use their power if they feel they need to gain entry to save or protect someone’s life. But if the ambulance service is already inside dealing with the situation the power to save life or limb wouldn’t apply, as it wouldn’t be necessary to enter.
It’s possible that refusing entry will look suspicious, but you have the right to say no.
The law that deals with drug offences is the Police and Criminal Evidence Act 1984
