The impact of perpetrator identification investigations on child sexual abuse and the judicial system.
Submitting Institution
University of DundeeUnit of Assessment
Biological SciencesSummary Impact Type
LegalResearch Subject Area(s)
Information and Computing Sciences: Artificial Intelligence and Image Processing
Medical and Health Sciences: Public Health and Health Services
Law and Legal Studies: Law
Summary of the impact
Research at the University of Dundee has substantially enhanced the
conviction of perpetrators of child sexual abuse. Innovation in forensic
human anatomical identification has directly influenced the investigation
of 29 cases of child sexual abuse from 21 police forces across the UK and
has resulted in two life sentences and over 90 years of incarceration
sentencing, thereby removing dangerous predators from society. This work
has impacted significantly on the judicial world, criminal investigations
and victim management. Its public value has been commended at the highest
level in the Scottish Justice system.
Underpinning research
Innovative research at the University of Dundee exploits the relationship
between human anatomy and forensic anthropology. In many paedophile
related investigations, the perpetrator will photograph his/her hands or
genitalia during the process of sexual assault. Prof Sue Black OBE
FRSE (Professor of Anatomy and Forensic Anthropology at the Centre
for Anatomy and Human Identification at the University of Dundee) has been
at the forefront of developing new methods that exploit current
information on biometrics and the inherent lack of symmetry in the human
body to provide a statistical likelihood as to whether the suspect and the
perpetrator are the same individual (1). A database of hand images from
>500 participants was created to enable research into anatomical
variability through forensic processes and help combat the sexual
exploitation of children. This research has been funded by the European
Commission Directorate-General (DG) Home Affairs under their Prevention of
and Fight against Crime (ISEC) programme. This comprehensive database has
allowed Prof Black and her team to build up a classification of anatomical
features related to hands and genitalia that can aid the identification of
individuals perpetrating child sexual abuse. Two examples are detailed
below:
(a) Development of methods for the analysis and quantification of the
extent of variances of scarring on the dorsum of the hand (2,3). The
location, size, position and nature of scarring has been shown to be of
significant value in personal identification and utilising likelihood
ratios provides evidence of the strength of the feature comparison.
(b) Comprehensive quantification and incidence of a family of lesions
containing nevus cells in the skin of hands and genitalia for the purposes
of forensic human identification (4). Nevi (moles) are either congenital
or acquired but their random nature ensures that their presence in an
image is a powerful indicator of individuality.
The issue of admissibility of evidence based on the methods developed by
Prof Black has been accepted in court and was analysed rigorously in a
successful suite of workshops funded by the Scottish Universities Insight
Institute 2011 (5). This has resulted in a legal paper for publication by
two law Professors supporting the new approach and recognising its legal
admissibility and probative value (6). Prof Black and her team are the
only researchers undertaking this work in the UK and Europe (and perhaps
globally) and all relevant cases referred to the National Policing
Improvements Agency come to this team at Dundee. The work has also crossed
into the EPSRC funded Superidentity project where hands have been
introduced as a prominent and important biometric. Prof Black has been
invited to present her research to the Child Exploitation and On-line
Protection Centre (CEOP) that is a UK cross agency department of the
National Crime Agency.
References to the research
Publications:
1. Black, S.M., Mallett, X., Rynn, C. and Duffield, N. (2009).
Forensic hand image comparison as an aid for paedophile investigations.
Police Professional, 184, 21-24.
2. Black, S.M., MacDonald-McMillan, B. and Mallett, X. (2013).
The incidence of scarring on the dorsum of the hand. International Journal
of Legal Medicine. 1-9. doi: 10.1007/s00414-013-0834-7 (open access).
3. Jackson, G. and Black, S. (2013). Use of data to inform expert
evaluative opinion in the comparison of hand images — the importance of
scars. International Journal of Legal Medicine. 1-9.
doi:10.1007/s00414-013-0828-5 (open access).
4. Black, S.M., MacDonald-McMillan, B., Mallett, X., Rynn, C. and
Jackson, G. (2013). The incidence of melanocytic nevi for the purposes of
verification of identity. International Journal of Legal Medicine. 1-9.
doi: 10.1007/s00414-013-0821-z (open access).
6. Raitt, F.E. and Ferguson, P.R. (2013). `If a picture paints a thousand
words ...': the development of human identification techniques in forensic
anthropology and their implications for human rights in the criminal
process. The International Journal of Evidence & Proof,17,127-156.
doi: 10.1350/ijep.2013.17.2.422.
Key research grants relevant to this case study:
European Commission, Directorate General Home Affairs (2011)
Innovation in forensic anatomical identification — combating the sexual
exploitation of children. Value: €126,327. Grant Ref.
HOME/2010/ISEC/AG/04230-CE-0447216/00-71. Principal Grant Holder: Prof Sue
Black.
Details of the impact
Beneficiaries (benefit/impact):
(a) The courts (through the provision and analysis of forensic biometric
information relevant to sexual abuse).
(b) The victims of sexual abuse and society at large (through the
conviction of dangerous paedophiles)
Impact:
The success of the research by the University of Dundee to devise
identification methods of perpetrators of child sexual abuse has resulted
in a heavy active forensic caseload consisting of 29 cases from police
forces in England (15 forces) and Northern Ireland and Scotland (6 forces)
during the period 2008-2013 (examples are highlighted in references 1-5).
Moreover this work has also resulted in the conviction of perpetrators of
adult sexual abuse (6). This is a clear indication of the confidence of
the investigative agencies in the research and its interpretation to
secure a court room hearing. The research by Prof Black directly helped to
secure a change of conviction leading to the first ever case of
identification of a paedophile from his hands for the Metropolitan Police
Force (1 and 7). Furthermore, the methodologies developed from the
research in this area now underpin Prof Black's professional practitioner
evaluations of evidence. These evidence-based evaluations are sufficiently
compelling that they have led to 78% of the accused changing their plea to
`guilty (7). In addition, this work has resulted in two life sentences and
over 90 years of incarceration sentencing.
The cost to the taxpayer of a trial by jury on every criminal case has
recently been expressed as a concern. A conservative estimate for trial by
jury is £3,000 per day but some trials will run to several million of
pounds. Therefore a change of plea in relation to the casework surrounding
forensic identification by hands is estimated to have saved the taxpayer
>£2.5 million to date. It also frees court time to allow other cases to
be heard more swiftly. In some regards, a greater impact is on the stress,
anxiety, fear and shame that has been removed from the victims and their
families who would have all the details of the case displayed for
dissection in the court in the presence of the media. The psychological
impact on victims being forced to relive their trauma in a public forum is
immense and has been shown to be a significant factor in on-going physical
and mental illness long after the trial is complete.
This work has led to a healthy symbiotic relationship between the police
and the scientists with the importance of this work highlighted by the
media. A documentary surrounding the first conviction of a paedophile by
using this form of evidence was broadcast in a documentary screened by ITV
22nd Sept. 2009 http://www.youtube.com/watch?v=NUCVdL5ZNrM
(8). Following the transmission, 4 other victims came forward to accuse
the perpetrator of abuse and he was tried for these crimes and given an
additional 10 years imprisonment for crimes committed between 1984 and
1991 that were previously unknown to the police.
This research has a financial, health and welfare, judicial and a
humanitarian impact at both a personal and a societal level. This work has
consequently resulted in Prof Black and her team being approached by other
countries to assist them in what is becoming the crime with the highest
rate of increase globally. Prior to this research, there was no admissible
means whereby a perpetrator could be identified from images of their
hands. This work has greatly benefitted the war against paedophilia and
transformed the tools available to the judicial system to allow a greater
number of paedophiles to either be found guilty or to persuade them to
admit to their guilt.
The work has been of great interest to a range of non-academic
organisations and Prof Black and her team have been invited to present
their work to the Home Office (23.3.10), to the Scottish Scientific
Advisory Council (7.6.11), The Scottish Parole Board (23.11.11), to the
Child Exploitation and Online Protection Agency (13.3.13) and other
intelligence organisations. Moreover the work of this team in public
outreach has been recognised through two awards — Brian Cox award for
Outreach 2011 and inaugural Stephen Fry award for Excellence in Public
Engagement with Research, 2012 (9).
Note: In March 2013, the Centre for Anatomy & Human Identification
applied for the 2013 Queen's Anniversary Prize for Higher Education
(awarded 22 November 2013) for their study and application of human
anatomy, forensic human identification, disaster victim identification and
forensic and medical art. This award recognised the Centre as being an
international leader in craniofacial identification and forensic facial
reconstruction for the identification of the living and the dead.
Sources to corroborate the impact
- Peter Zinner QC of the CPS confirmed that this approach was a first
for the UK courts —
http://www.dstics.co.uk/investigatorJune2009.pdf
p29.
- Press release: http://www.heraldscotland.com/news/crime-courts/hand-of-child-abuser-identified-in-images.22453754
- Paedophile who claimed innocence until confronted with evidence. Press
release:
http://www.bbc.co.uk/news/uk-scotland-tayside-central-16654504
- Forensic investigation: successful conviction of a ring of paedophiles
from Scotland — Prof Sue Black, Dr Chris Rynn and Dr Xanthe Mallett. http://www.dailyrecord.co.uk/news/scottish-news/eight-members-paedophile-ring-found-1021731
- Extensive media coverage e.g. http://www.scotsman.com/news/scotland/top-stories/nursery-worker-gets-eight-years-for-vile-abuse-of-young-boys-1-2410585.
Over 70 media articles have mentioned this casework.
- Not all cases are sexual abuse against children. http://www.dailyrecord.co.uk/news/scottish-news/pervert-timothy-robson-jailed-1262958
- Corroboration of information regarding this data can be obtained from
the Team Leader, Operational Delivery, Victim Identification, Child
Exploitation and Online Protection Centre, London, SW1V 2WG.
- To catch a paedophile — documentary BBC, Sept 2009 — Prof Sue Black,
Dr Chris Rynn and Dr Xanthe Mallett http://www.youtube.com/watch?v=NUCVdL5ZNrM
and Who do we trust? Documentary, ITV. Nov 2009. Prof Sue Black, Dr
Chris Rynn and Dr Xanthe Mallett.
- Stephen Fry award for Public Engagement with research.
http://www.youtube.com/watch?v=qI1NV2uAOL8