In May 2010, my client, Josie Smith entered into a relationship which became abusive.
On 12 June 2011, there was a further violent incident of domestic abuse, perpetrated by Josie’s partner.
On or around 16 June 2011, Josie attended her local Police Station and reported the assault by her (now) ex-partner.
Josie provided a witness statement about the incident and photographs were taken of her injuries.
Josie was informed that her report would be sent to a specialist department.
Approximately 1 week later, Josie received a telephone call from DC Michael McMillan of Merseyside Police.
DC McMillan informed Josie that her ex partner had been arrested the previous night and had made counter allegations against her. In the circumstances, DC McMillan made arrangements to see Josie face to face so as to take a further statement.
On or around 30 June 2011, Josie attended Southport Police Station to meet with DC McMillan and took her baby with her.
Josie provided a further statement to DC McMillan. No other officers were present.
During the course of the meeting, DC McMillan informed Josie that his own partner was pregnant and that he would be going on paternity leave so there might be a gap in contact.
DC McMillan said that in the meantime the case against Josie’s ex-partner would be referred for a charging decision.
It soon became clear to Josie that the police were not going to take any further action against her ex-partner. Josie therefore commenced civil proceedings in order to obtain a non-molestation order against her ex-partner.
At the same time, Josie was involved in family law proceedings relating to contact between her ex-partner and their child.
Several weeks later, in the early hours of the morning, Josie received a text message from DC McMillan in which he enquired as to how she was feeling. Josie responded and said she was “fine”.
DC McMillan then began to regularly send via text and Facebook Messenger messages and Josie responded to those messages.
Over time, DC McMillan’s messages to Josie became increasingly sexual in nature and content. For example, DC McMillan suggested that Josie had deliberately worn clothing for her meeting with him at the Police Station in order to flirt with him, commented on the appearance of her breasts that day, requested photographs of Josie’s breasts, asked Josie what bra size she wore and asked Josie what colour underwear she was wearing.
In response to the increasingly sexual messages, Josie would either fail to respond to the sexual content at all or suggest that she would respond later.
DC McMillan nevertheless continued to send messages that were sexual in nature and content.
In August 2014, Josie was contacted by Professional Standards who advised that DC McMillan was under investigation.
Josie fully cooperated with the investigation and in due course DC McMillan pleaded guilty to misconduct in public office.
As a result of DC McMillan’s actions, Josie lost confidence and became apprehensive and cautious.
Josie felt self-conscious, as though people were looking at her and judging her. She had symptoms of autonomic hyper-arousal and had become hyper-vigilant.
Josie’s perception of herself as a result of DC McMillan’s contact impacted on how she saw herself as a mother.
Josie experienced exacerbated poor sleep as a result of DC McMillan’s actions. She had symptoms of anxiety in the form of chest pains and felt irritable and more impatient than she did previously. She also became tearful and often cried for no reason.
Further, Josie became withdrawn and isolative and lost contact with most of her friends. The incident strained Josie’s relationships and she avoided activities she done previously.
Josie felt angry and betrayed by DC McMillan and as she believed he had played on her vulnerability.
I arranged for Josie to see a Psychiatrist who concluded that Josie had developed an Anxiety Disorder.
With my assistance, Josie brought a claim against Merseyside Police for misfeasance in public office and after the institution of Court proceedings agreed an out of Court settlement of £17,000.
My client’s name has been changed.
Read more here: A Wake-up call about Police Sexual Abuse.
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