As alarming reports reveal a troubling increase in spiking incidents in the UK, leaving victims vulnerable and terrified, legal expert Amber Marks, Lecturer in Criminal Law and Evidence at Queen Mary University of London, calls for immediate reform to address this pervasive threat.
According to a recent Home Office factsheet, the police received 6,732 reports of spiking in the year ending April 2023, with 74% of victims being women. Additionally, a YouGov poll conducted in December 2022 indicated that 10% of women and 5% of men reported having been spiked. These statistics highlight a significant public safety issue, particularly in nightlife venues, where 80% of incidents occur.
Despite the growing prevalence of such crimes, the current legal framework, primarily based on the Offences Against the Person Act 1861, fails to protect victims adequately and hold perpetrators accountable. Marks emphasises that existing laws are antiquated and do not reflect the serious nature of harm caused by spiking, which fundamentally violates personal autonomy.
"The harm of spiking lies in the violation of an individual’s right to control what substances enter their body," Marks states. "Our legal system must evolve to reflect this reality and prioritise the principle of consent."
In contrast to recent findings of the Home Office, Marks’s research reveals significant gaps in the criminal law, suggesting it is not the police who should shoulder the blame for low prosecution rates.
Key Findings from the article published in The Criminal Law Review:
Amber Marks urges legislators to prioritise the creation of a new statutory offence that accurately reflects the wrongs associated with spiking. "The absence of a clear legal offence for spiking fosters confusion and a culture of victim blaming. " she warns. "It is time for our legal system to catch up with societal values regarding consent and personal autonomy."
As discussions around personal safety and consent continue to evolve, it is imperative that lawmakers take meaningful action to protect individuals from the dangers of spiking. Marks' article serves as a critical reminder that the legal system must adapt to address these modern challenges.
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