Sarah Payne
Encyclopedia
Sarah Evelyn Isobel Payne (13 October 1991 – c. 1 July 2000) was an eight-year old girl murdered by child killer Roy Whiting in West Sussex, England in July 2000. The subsequent investigation became a high profile murder case in the United Kingdom. Following his conviction, Whiting was imprisoned for life and is currently being held in the maximum security Wakefield prison
, West Yorkshire
.
hospital in West Sussex
on 26 January 1959. He was one of six children, of whom only he, an older brother and younger sister survived to adulthood. He grew up in Langley Green, Crawley
. When he was a child, he was abused
by a close relative. He attended Jordan's primary school, then Ifield secondary school. His mother left home with his sister in 1976, and remarried. In June 1986 he married Linda Booker in Ifield, West Sussex. They separated; their son was born in Crawley hospital in July 1987; they divorced in 1990.
Whiting was involved in banger racing
during the late 1980s, but abandoned his interest in the sport due to a lack of success.
and sexually assaulted
in Langley Green
. Whiting was arrested a few weeks later after a man who knew Whiting came forward after hearing that the abductor's car had been a red Ford Sierra
, which matched the description of the car that Whiting had just sold.
Three months later, Whiting admitted charges of abduction and indecent assault
, and was sentenced to four years in prison. The maximum sentence for the crime would have been life imprisonment
; however, he received a lesser sentence because he had admitted to the crime at the earliest opportunity, although a psychiatrist
who assessed Whiting after his conviction said that he was likely to re-offend once he was released.
Whiting was released from prison in November 1997, having served 2 years and 5 months of his 4-year sentence, and was one of the first people in Britain to go on the sex offenders' register. He had been forced to serve an extra five months in prison before being released on licence as penalty for refusing to undergo a sex offenders rehabilitation course.
Whiting moved 40 km (24.9 mi) away from Crawley to Littlehampton
on the West Sussex coast, upon his release.
On 17 July, a body was found in a field near Pulborough
, some 24 km (14.9 mi) from Kingston Gorse where she had disappeared. The following day, forensic science tests confirmed that the body was Payne's, and Sussex Police
began a murder investigation.
in Hove
at 5:30 p.m. and then returned to his flat by 9.30 p.m. on the night that Payne had disappeared, there was no other evidence to press charges.
When Whiting was released on bail, he went to live with his father in Crawley while his flat on Saint Augustine's Road was being searched by forensic investigators. No evidence was found in Whiting's flat to suggest that Payne had been at the flat.
Whiting was subsequently re-arrested on 31 July 2000. After Payne's body was discovered 5 km (3.1 mi) from the Buck Barn service station where Whiting had bought fuel on the night of Payne's disappearance and Whiting's failure to confirm his alibi. Police still had a lack of evidence to press charges and Whiting was released.
A few days following his second arrest, Whiting moved out of his father's house after a vigilante
attack and went to live in a tent in woodland behind a housing estate in Crawley. Whiting's father moved out of the house afterwards, fearing for his own safety.
On 21 July 2000, Whiting stole a Vauxhall Nova and was pursued by police at speeds of up to 70 mph before crashing into a parked vehicle. Whiting was arrested on a charge of dangerous driving
. Whiting was remanded in custody until 27 September 2000, when he admitted taking the car and driving dangerously and was jailed for 22 months.
When Whiting began his jail term for the car theft and dangerous driving, detectives were able to carry out forensic tests on his 1988 Fiat Ducato
van, which he had bought on 23 June 2000. On 6 February 2001, following a police enquiry, Whiting was charged with Payne's murder.
on charges of abduction and murder. Whiting pleaded not guilty to all charges and was remanded in custody, until 14 November 2001.
On 14 November 2001 at Lewes Crown Court, the jury heard from several witnesses. The key witnesses included Payne's oldest brother who had seen a 'scruffy-looking man with yellowish teeth' drive by. Whiting had not been selected in an identity parade. One of Payne's shoes was found by a member of the public in a country lane and forensic tests had found fibres from Whiting's van on the shoe. This was the only item of Payne's clothing to be recovered. A strand of blonde hair on a T-shirt was found in Whiting's van. DNA test established there was a one-in-a-billion chance of it belonging to anyone other than Payne.
On 12 December 2001, after a four week trial, Whiting was convicted of the abduction and murder of Payne and he was sentenced to life imprisonment
. The trial judge recommended a whole life tariff
.
After Whiting was convicted his previous convictions were revealed. There were renewed calls for the government to allow controlled public access to the sex offender's register
, although the Home Office
commented the day after Whiting's conviction that such a system would be unworkable and run the risk of driving paedophiles "underground" as well as putting them in danger of vigilante attacks.
This case is particularly notable for the extensive use of forensic sciences in establishing the prosecution case against Whiting. Twenty forensic experts from a variety of fields were employed during the inquiry, including entomology
, pathology
, geology
, archaeology
, environmental profiling and oil/lubricant analysis. It has been estimated that the investigation involved one thousand personnel and cost more than £
2 million.
David Blunkett
ordered that Roy Whiting must serve a minimum of 50 years in prison. This made him ineligible for parole until 2051, when he would be 92 years old. Within 48 hours of the ruling being made, the Law Lords and the European Court of Human Rights
had ruled in favour of another convicted murderer (Anthony Anderson
) who was challenging the right of politicians to decide how long a murderer must spend in prison before being considered for parole.
In June 2004, it was confirmed that Whiting would be applying to the Court of Appeal for a new minimum term to be set. On 9 June 2010, Whiting's appeal resulted in his 50-year jail term being reduced by 10 years by a High Court judge. Whiting's lawyers argued that the 50-year tariff, imposed just before the power of Home Secretaries to determine how long prisoners sentenced to life should serve lapsed, was politically motivated. The judge, Peregrine Simon
, said that under 2010 sentencing guidelines, Whiting may have received a whole life tariff
, but apparently arrived at the 40-year term by retroactively applying guidelines from the time of the original sentencing. Whiting is now serving a 40-year minimum term, which is set to keep him in prison until at least 2041, when he will be 82. Payne's mother, Sara, was present and said she was "disappointed" by the decision and "life should mean life".
newspaper
, which began in July 2000 in response to the murder of Sarah Payne. Sarah Payne's parents backed up the campaign as they were sure that a child sex offender
had been responsible for their daughter's death. Their belief was proved correct 17 months later when Roy Whiting was found guilty of killing Sarah Payne, and it was revealed that he already had a conviction for abducting and indecently assaulting an eight-year-old girl.
The aim of the campaign was for the government to allow controlled access to the Sex Offenders Register, so parents with young children could know if a child sex-offender was living in their area. Sarah Payne's mother has always insisted that such a law would have saved her daughter's life.
The scheme was introduced in four pilot areas of England and Wales in September 2008. In August 2010 the Home Office
announced that after proving successful, Sarah's Law would be extended to cover the whole of England and Wales by spring 2011.
, which operates in the USA in honour of murder victim Megan Kanka
, who was rape
d and murdered by her neighbour Jesse Timmendequas in 1994. After the killer's trial, it was revealed that he was a convicted child rapist. Megan's Law even shows photographs and addresses of sex offenders. Sarah's Law would give lesser details, probably only the knowledge that a child sex offender was living in a certain area.
use of Payne's murder for their political agenda as a reason for restoring the death penalty - particularly as it came while her mother Sara Payne was in hospital recovering from a near-fatal brain aneurysm. Sara Payne has openly expressed her firm opposition to the death penalty in the media on many occasions.
, about her daughter's murder and the aftermath, including her campaign for Sarah's Law. The book was published in 2004.
In July 2001, it was reported that Payne's parents received £11,000 compensation from the Criminal Injuries Compensation Authority
. The offer was described as a "sick joke" and "derisory", even though it was the maximum CICA could offer by law.
Sara Payne was made a Member of the Order of the British Empire
(MBE) in December 2008 for her work behind Sarah's Law.
In July 2011 it was revealed that Sara Payne had been among those targeted in the News International phone hacking scandal Payne refused to believe it, since they had been so helpful in championing Sarah's Law. She even wrote an editorial in the newspaper's final edition. Investigators initially thought she was not hacked because her name did not come up in records. However, personal details relating to her were found that were attributed to another suspected victim. Sara's phone that was hacked was gifted to her by the News of the World's editor at the time of the murder, Rebekah Brooks.
) was found guilty of carrying out the slashing which left Whiting with a six-inch scar on his right cheek. Tregaskis received a six-year sentence (to run concurrently alongside his life sentence) after being found guilty on a wounding charge relating to the attack on Roy Whiting. This will not mean that he will have to serve any extra time in prison if the Parole Board
decides that he can be freed on life licence.
In July 2011 Whiting was again attacked in prison, apparently by twice convicted murderer Gary Vinter. No charge was pressed by Whiting and consequently a police investigation into the assault was not undertaken. Whiting's injuries were not life threatening.
Wakefield (HM Prison)
HM Prison Wakefield is a Category A men's prison, located in Wakefield, West Yorkshire, England. The prison is operated by Her Majesty's Prison Service, and is the largest maximum security prison in the United Kingdom...
, West Yorkshire
West Yorkshire
West Yorkshire is a metropolitan county within the Yorkshire and the Humber region of England with a population of 2.2 million. West Yorkshire came into existence as a metropolitan county in 1974 after the passage of the Local Government Act 1972....
.
Whiting's background
Roy William Whiting was born in HorshamHorsham
Horsham is a market town with a population of 55,657 on the upper reaches of the River Arun in the centre of the Weald, West Sussex, in the historic County of Sussex, England. The town is south south-west of London, north-west of Brighton and north-east of the county town of Chichester...
hospital in West Sussex
West Sussex
West Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...
on 26 January 1959. He was one of six children, of whom only he, an older brother and younger sister survived to adulthood. He grew up in Langley Green, Crawley
Crawley
Crawley is a town and local government district with Borough status in West Sussex, England. It is south of Charing Cross, north of Brighton and Hove, and northeast of the county town of Chichester, covers an area of and had a population of 99,744 at the time of the 2001 Census.The area has...
. When he was a child, he was abused
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
by a close relative. He attended Jordan's primary school, then Ifield secondary school. His mother left home with his sister in 1976, and remarried. In June 1986 he married Linda Booker in Ifield, West Sussex. They separated; their son was born in Crawley hospital in July 1987; they divorced in 1990.
Whiting was involved in banger racing
Banger racing
Banger Racing is a tarmac or dirt track racing type of motorsport event popularised in both North America and Europe and especially United Kingdom, Ireland, Belgium and the Netherlands in which drivers of old vehicles race against one another around a race track and the race is...
during the late 1980s, but abandoned his interest in the sport due to a lack of success.
Whiting's first conviction
On 4 March 1995, an eight-year-old girl (unnamed for legal reasons) was abductedKidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
and sexually assaulted
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
in Langley Green
Langley Green
Langley Green is the name of several locations in England:* Langley Green, West Midlands* Langley Green railway station* Langley Green, West Sussex...
. Whiting was arrested a few weeks later after a man who knew Whiting came forward after hearing that the abductor's car had been a red Ford Sierra
Ford Sierra
The Ford Sierra is a large family car that was built by Ford Europe from 1982 until 1993. It was designed by Uwe Bahnsen, Robert Lutz and Patrick le Quément. The code used during development was "Project Toni"....
, which matched the description of the car that Whiting had just sold.
Three months later, Whiting admitted charges of abduction and indecent assault
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...
, and was sentenced to four years in prison. The maximum sentence for the crime would have been life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
; however, he received a lesser sentence because he had admitted to the crime at the earliest opportunity, although a psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
who assessed Whiting after his conviction said that he was likely to re-offend once he was released.
Whiting was released from prison in November 1997, having served 2 years and 5 months of his 4-year sentence, and was one of the first people in Britain to go on the sex offenders' register. He had been forced to serve an extra five months in prison before being released on licence as penalty for refusing to undergo a sex offenders rehabilitation course.
Whiting moved 40 km (24.9 mi) away from Crawley to Littlehampton
Littlehampton
Littlehampton is a seaside resort town and civil parish in the Arun District of West Sussex, England, on the east bank at the mouth of the River Arun. It lies south southwest of London, west of Brighton and east of the county town of Chichester....
on the West Sussex coast, upon his release.
Sarah Payne's disappearance
Sarah Payne disappeared on 1 July 2000 from a cornfield near the home of her paternal grandparents, Terence and Lesley Payne, in Kingston Gorse, West Sussex, England. Payne had been playing with her brothers and sister; aged between five and 13 at the time. A nationwide search commenced within 48 hours, and Payne's parents made television appeals for her safe return. On 2 July 2000, officers from Sussex Police visited Whiting making inquiries into Payne's disappearance.On 17 July, a body was found in a field near Pulborough
Pulborough
Pulborough is a large village and civil parish in the Horsham district of West Sussex, England, with some 5,000 inhabitants. It is located almost centrally within West Sussex and is south west of London. It is at the junction of the north-south A29 and the east-west roads.The village is near the...
, some 24 km (14.9 mi) from Kingston Gorse where she had disappeared. The following day, forensic science tests confirmed that the body was Payne's, and Sussex Police
Sussex Police
Sussex Police is the territorial police force responsible for policing East Sussex, West Sussex and City of Brighton and Hove in southern England. Its head office is in Lewes, Lewes District, East Sussex.-History:...
began a murder investigation.
Murder investigation
Whiting was questioned about the disappearance of Payne, which had taken place about 8 km (5 mi) from Whiting's place of residence. Whiting was routinely questioned as he had been placed on the Sex Offenders Register. The officers left Whiting, but were suspicious of his lack of concern for Payne, something that some of the worst offenders had shown when questioned in connection with Payne's disappearance. When Whiting re-appeared soon after he attempted to drive away in his van, he was stopped by the police and arrested. Whiting spent two days in custody, but a lack of police evidence led to Whiting's release on bail. Although police had found a receipt for fuel from Buck Barn garage near Pulborough, which contradicted his alibi of being at a funfairFunfair
A funfair or simply "fair" is a small to medium sized travelling show primarily composed of stalls and other amusements. Larger fairs such as the permanent fairs of cities and seaside resorts might be called a fairground, although technically this should refer to the land where a fair is...
in Hove
Hove
Hove is a town on the south coast of England, immediately to the west of its larger neighbour Brighton, with which it forms the unitary authority Brighton and Hove. It forms a single conurbation together with Brighton and some smaller towns and villages running along the coast...
at 5:30 p.m. and then returned to his flat by 9.30 p.m. on the night that Payne had disappeared, there was no other evidence to press charges.
When Whiting was released on bail, he went to live with his father in Crawley while his flat on Saint Augustine's Road was being searched by forensic investigators. No evidence was found in Whiting's flat to suggest that Payne had been at the flat.
Whiting was subsequently re-arrested on 31 July 2000. After Payne's body was discovered 5 km (3.1 mi) from the Buck Barn service station where Whiting had bought fuel on the night of Payne's disappearance and Whiting's failure to confirm his alibi. Police still had a lack of evidence to press charges and Whiting was released.
A few days following his second arrest, Whiting moved out of his father's house after a vigilante
Vigilante
A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....
attack and went to live in a tent in woodland behind a housing estate in Crawley. Whiting's father moved out of the house afterwards, fearing for his own safety.
On 21 July 2000, Whiting stole a Vauxhall Nova and was pursued by police at speeds of up to 70 mph before crashing into a parked vehicle. Whiting was arrested on a charge of dangerous driving
Dangerous driving
Dangerous driving is a statutory offence in England and Wales and Scotland and Northern Ireland. It is also a term of art used in the definition of the offence of causing death by dangerous driving...
. Whiting was remanded in custody until 27 September 2000, when he admitted taking the car and driving dangerously and was jailed for 22 months.
When Whiting began his jail term for the car theft and dangerous driving, detectives were able to carry out forensic tests on his 1988 Fiat Ducato
Fiat Ducato
The Fiat Ducato is a large van produced by Fiat. The Fiat Ducato is the same van as the Citroën Jumper and the Peugeot Boxer, which are all very popular vans to convert into motorhomes...
van, which he had bought on 23 June 2000. On 6 February 2001, following a police enquiry, Whiting was charged with Payne's murder.
Trial
By 6 February 2001, Sussex Police had enough evidence to press charges against Whiting who appeared at Lewes Crown CourtLewes Crown Court
Lewes Crown Court is a Crown Court in Lewes, East Sussex, England. It is housed in the Lewes Combined Court Centre which it shares with Lewes County Court in the Lewes High Street...
on charges of abduction and murder. Whiting pleaded not guilty to all charges and was remanded in custody, until 14 November 2001.
On 14 November 2001 at Lewes Crown Court, the jury heard from several witnesses. The key witnesses included Payne's oldest brother who had seen a 'scruffy-looking man with yellowish teeth' drive by. Whiting had not been selected in an identity parade. One of Payne's shoes was found by a member of the public in a country lane and forensic tests had found fibres from Whiting's van on the shoe. This was the only item of Payne's clothing to be recovered. A strand of blonde hair on a T-shirt was found in Whiting's van. DNA test established there was a one-in-a-billion chance of it belonging to anyone other than Payne.
On 12 December 2001, after a four week trial, Whiting was convicted of the abduction and murder of Payne and he was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. The trial judge recommended a whole life tariff
Whole life tariff
This is a list of prisoners who have received a whole life tariff through some mechanism in jurisdictions of the United Kingdom.Eight of these prisoners have since died in prison, while three of them have had their sentences reduced on appeal, meaning that there are currently at least 48 prisoners...
.
After Whiting was convicted his previous convictions were revealed. There were renewed calls for the government to allow controlled public access to the sex offender's register
Violent and Sex Offender Register
In the United Kingdom, the Violent and Sex Offender Register is a database of records of those required to register with the Police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and unconvicted people simply thought to be at risk of offending...
, although the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
commented the day after Whiting's conviction that such a system would be unworkable and run the risk of driving paedophiles "underground" as well as putting them in danger of vigilante attacks.
This case is particularly notable for the extensive use of forensic sciences in establishing the prosecution case against Whiting. Twenty forensic experts from a variety of fields were employed during the inquiry, including entomology
Entomology
Entomology is the scientific study of insects, a branch of arthropodology...
, pathology
Pathology
Pathology is the precise study and diagnosis of disease. The word pathology is from Ancient Greek , pathos, "feeling, suffering"; and , -logia, "the study of". Pathologization, to pathologize, refers to the process of defining a condition or behavior as pathological, e.g. pathological gambling....
, geology
Geology
Geology is the science comprising the study of solid Earth, the rocks of which it is composed, and the processes by which it evolves. Geology gives insight into the history of the Earth, as it provides the primary evidence for plate tectonics, the evolutionary history of life, and past climates...
, archaeology
Archaeology
Archaeology, or archeology , is the study of human society, primarily through the recovery and analysis of the material culture and environmental data that they have left behind, which includes artifacts, architecture, biofacts and cultural landscapes...
, environmental profiling and oil/lubricant analysis. It has been estimated that the investigation involved one thousand personnel and cost more than £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
2 million.
Whiting's sentence
On 24 November 2002, Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
ordered that Roy Whiting must serve a minimum of 50 years in prison. This made him ineligible for parole until 2051, when he would be 92 years old. Within 48 hours of the ruling being made, the Law Lords and the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
had ruled in favour of another convicted murderer (Anthony Anderson
Anthony Anderson (murderer)
Anthony Anderson is a convicted British murderer.He is most notable for successfully challenging the Home Secretary's powers to set minimum terms for life sentence prisoners...
) who was challenging the right of politicians to decide how long a murderer must spend in prison before being considered for parole.
In June 2004, it was confirmed that Whiting would be applying to the Court of Appeal for a new minimum term to be set. On 9 June 2010, Whiting's appeal resulted in his 50-year jail term being reduced by 10 years by a High Court judge. Whiting's lawyers argued that the 50-year tariff, imposed just before the power of Home Secretaries to determine how long prisoners sentenced to life should serve lapsed, was politically motivated. The judge, Peregrine Simon
Peregrine Simon
Sir Peregrine Charles Hugo Simon , styled The Hon. Mr Justice Simon, is a British High Court judge.-Education/Career:He was educated at Westminster School and Trinity Hall, Cambridge. He was called to the Bar, Middle Temple in 1973. He was appointed as Queen's Counsel in 1991; as a Bencher in 1999...
, said that under 2010 sentencing guidelines, Whiting may have received a whole life tariff
Whole life tariff
This is a list of prisoners who have received a whole life tariff through some mechanism in jurisdictions of the United Kingdom.Eight of these prisoners have since died in prison, while three of them have had their sentences reduced on appeal, meaning that there are currently at least 48 prisoners...
, but apparently arrived at the 40-year term by retroactively applying guidelines from the time of the original sentencing. Whiting is now serving a 40-year minimum term, which is set to keep him in prison until at least 2041, when he will be 82. Payne's mother, Sara, was present and said she was "disappointed" by the decision and "life should mean life".
Sarah's Law
The campaign for Sarah's Law was spearheaded by the News of the WorldNews of the World
The News of the World was a national red top newspaper published in the United Kingdom from 1843 to 2011. It was at one time the biggest selling English language newspaper in the world, and at closure still had one of the highest English language circulations...
newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
, which began in July 2000 in response to the murder of Sarah Payne. Sarah Payne's parents backed up the campaign as they were sure that a child sex offender
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
had been responsible for their daughter's death. Their belief was proved correct 17 months later when Roy Whiting was found guilty of killing Sarah Payne, and it was revealed that he already had a conviction for abducting and indecently assaulting an eight-year-old girl.
The aim of the campaign was for the government to allow controlled access to the Sex Offenders Register, so parents with young children could know if a child sex-offender was living in their area. Sarah Payne's mother has always insisted that such a law would have saved her daughter's life.
The scheme was introduced in four pilot areas of England and Wales in September 2008. In August 2010 the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
announced that after proving successful, Sarah's Law would be extended to cover the whole of England and Wales by spring 2011.
International parallels
The concept of Sarah's Law is similar to Megan's LawMegan's Law
Megan's Law is an informal name for laws in the United States requiring law enforcement authorities to make information available to the public regarding registered sex offenders. Individual states decide what information will be made available and how it should be disseminated...
, which operates in the USA in honour of murder victim Megan Kanka
Megan Kanka
The murder of Megan Kanka occurred on July 29, 1994 in Hamilton Township, Mercer County, New Jersey. The 7 year old Kanka was raped and murdered by her neighbour Jesse Timmendequas...
, who was rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d and murdered by her neighbour Jesse Timmendequas in 1994. After the killer's trial, it was revealed that he was a convicted child rapist. Megan's Law even shows photographs and addresses of sex offenders. Sarah's Law would give lesser details, probably only the knowledge that a child sex offender was living in a certain area.
Debate over effectiveness
There has been considerable debate over the effectiveness of Megan's Law and therefore, by implication, Sarah's Law. Issues raised have included:- The increased stereotyping of those on the sex offenders register. This may lead to a reduction in the ability of offenders to find housing and employment, thus leading to their being ostracised and therefore being more likely to reoffend.
- The lack of "finesse" of American definitions of "sex offenderSex offenderA sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
". In the USA, this has led to those being convicted of urinating in a public place (which is classified as "indecent exposure") as sex offenders, and being placed on the register with those convicted of more serious offences such as rape and child molestation. Many other minor offenses which do not involve a child victim such as streaking, mooning, having sex and/or masturbating in vehicle have also resulted in many people being placed on the registry in the USA.
- The increased risk of sex offenders avoiding registration with offender management services. In the USA, this figure stands at around 80%, compared with 97% in the UK. It has been suggested that the risk of harm mentioned above deters offenders from registering.
- The nature of offending is seriously mis-represented by "Sarah's Law". Research suggests that reoffending rates over a six year period run at around 8.5%. Thus, it may be suggested that reoffending is not the problem that is suggested by some commentators such as former U.S. Rep. Mark FoleyMark FoleyMark Adam Foley is a former member of the United States House of Representatives. He served from 1995 until 2006, representing the 16th District of Florida as a member of the Republican Party....
who claimed a 90% recidivism rate.
- Relationships of offenders to victims. In terms of rape, 83% of attackers are known to their victims and 54% are partners or former partners. These statistics suggest that "stranger dangerStranger dangerStranger danger describes the danger to children presented by strangers. The phrase is intended to sum up the danger associated with adults who children do not know. The phrase has found widespread usage and many children will hear it during their childhood lives...
" has been exaggerated. However this data should be considered incomplete, as the number of attempted rapes by strangers would be significantly higher and reported elsewhere, and often not at all.
British National Party controversy
In January 2010, almost 10 years after the murder took place, the Payne family condemned the British National Party'sBritish National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...
use of Payne's murder for their political agenda as a reason for restoring the death penalty - particularly as it came while her mother Sara Payne was in hospital recovering from a near-fatal brain aneurysm. Sara Payne has openly expressed her firm opposition to the death penalty in the media on many occasions.
Aftermath
Payne's mother, Sara Payne, has subsequently written a book, Sara Payne: A Mother's StorySara Payne: A Mother's Story
Sara Payne: A Mother's Story by Sara Payne, published by Hodder and Stoughton in May 2004, gives her account of the July 2000 abduction and murder of her daughter Sarah Payne in Kingston Gorse, West Sussex, England.-Synopsis:...
, about her daughter's murder and the aftermath, including her campaign for Sarah's Law. The book was published in 2004.
In July 2001, it was reported that Payne's parents received £11,000 compensation from the Criminal Injuries Compensation Authority
Criminal Injuries Compensation Authority
The Criminal Injuries Compensation Authority is a non-departmental public body in the United Kingdom. The Authority administers a compensation scheme for injuries caused to victims of violent crime in Great Britain and is funded by the Ministry of Justice in England and Wales and the devolved...
. The offer was described as a "sick joke" and "derisory", even though it was the maximum CICA could offer by law.
Sara Payne was made a Member of the Order of the British Empire
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(MBE) in December 2008 for her work behind Sarah's Law.
In July 2011 it was revealed that Sara Payne had been among those targeted in the News International phone hacking scandal Payne refused to believe it, since they had been so helpful in championing Sarah's Law. She even wrote an editorial in the newspaper's final edition. Investigators initially thought she was not hacked because her name did not come up in records. However, personal details relating to her were found that were attributed to another suspected victim. Sara's phone that was hacked was gifted to her by the News of the World's editor at the time of the murder, Rebekah Brooks.
Attacks in prison
On 4 August 2002, Whiting was attacked with a razor by another prisoner while fetching hot water at Wakefield Prison. Convicted killer Rickie Tregaskis (serving life imprisonment with a 25-year recommended minimum for the 1997 murder of a disabled man in CornwallCornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
) was found guilty of carrying out the slashing which left Whiting with a six-inch scar on his right cheek. Tregaskis received a six-year sentence (to run concurrently alongside his life sentence) after being found guilty on a wounding charge relating to the attack on Roy Whiting. This will not mean that he will have to serve any extra time in prison if the Parole Board
Parole Board
A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom and the United...
decides that he can be freed on life licence.
In July 2011 Whiting was again attacked in prison, apparently by twice convicted murderer Gary Vinter. No charge was pressed by Whiting and consequently a police investigation into the assault was not undertaken. Whiting's injuries were not life threatening.