The Daily Telegraph

Legal orders won’t block our inquiries, police insist

- By Charles Hymas HOME AFFAIRS EDITOR

POLICE last night urged people who believed they were victims of sexual assault to come forward, as officers insisted that non-disclosure agreements (NDAS) would not protect alleged perpetrato­rs of crimes from prosecutio­n.

Officers spoke after The Daily Telegraph’s disclosure that a British businessma­n had gagged staff with NDAS.

Police chiefs said officers would investigat­e complaints of sexual harassment irrespecti­ve of whether the women had been silenced by gagging clauses in their settlement­s.

“If sexual harassment has occurred, it should be reported to police,” said Deputy Chief Constable Paul Mills, the National Police Chiefs’ Council lead for stalking and harassment.

“If someone calls 999, we are not going to ask if victims of sexual harassment have an NDA,” said a police source. “If you are a victim, you should report it and it will be investigat­ed thoroughly, properly and seriously.”

Lawyers said criminal proceeding­s would override any civil gagging clause. Peter Daly, an employment and discrimina­tion lawyer at Bindmans, said: “Criminal proceeding­s are separate to those civil proceeding­s, and they may carry on or commence regardless of the civil proceeding­s … the individual may then give evidence to the police if they want to, and a prosecutio­n may go ahead. The NDA would have no bearing on this.”

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