Murder of Sarah Payne

"Sarah's Law" redirects here. For the un-related California proposition also called "Sarah's Law", see California Proposition 4 (2008).

Sarah Payne
Born	Sarah Evelyn Isobel Payne 13 October 1991 Walton-on-Thames, Surrey, England
Died	c. 1 July 2000[1] (aged 8) Unknown
Body discovered	Pulborough, West Sussex, 17 July 2000[2]
Nationality	British
Parents	Michael and Sara Payne

Sarah Evelyn Isobel Payne (13 October 1991^[3] – c. 1 July 2000)^[4] was an eight-year old girl murdered by child killer Roy Whiting in West Sussex, England in July 2000.^[5][6][7][8] 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.^[9]

Whiting's background

Roy William Whiting
Roy Whiting
Born	26 January 1959 (1959-01-26) (age 52) Horsham, West Sussex, England
Conviction(s)	Indecent assault, theft, dangerous driving, abduction, murder
Penalty	Life imprisonment
Status	In prison
Occupation	Car mechanic, delivery worker, building labourer
Spouse	Linda Booker (m. 1986–1990) «start: (1986)–end+1: (1991)»"Marriage: Linda Booker to Murder of Sarah Payne" Location: (linkback://en.wikipedia.org/wiki/Murder_of_Sarah_Payne)
Children	Son

Roy William Whiting was born in Horsham hospital in West Sussex on 26 January 1959.^[10] He was one of six children, of whom only he, an older brother and younger sister survived to adulthood.^[10] He grew up in Langley Green, Crawley.^[10] When he was a child, he was abused by a close relative.^[11] He attended Jordan's primary school, then Ifield secondary school.^[10] His mother left home with his sister^[10] in 1976,^[11] and remarried.^[12] 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.^[13]

Whiting was involved in banger racing during the late 1980s, but abandoned his interest in the sport due to a lack of success.^[7]

Whiting's first conviction

On 4 March 1995, an eight-year-old girl (unnamed for legal reasons) was abducted 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.^[14]

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.^[15][16]

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.^[17]

Whiting moved 40 km (25 mi) away from Crawley to Littlehampton on the West Sussex coast, upon his release.^[10]

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.^[18] Payne had been playing with her brothers and sister; aged between five and 13 at the time.^[19] 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.^[20]

On 17 July, a body was found in a field near Pulborough, some 24 km (15 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.^[21]

Murder investigation

Whiting was questioned about the disappearance of Payne, which had taken place about 8 km (5.0 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.^{[citation needed]} When Whiting re-appeared soon after he attempted to drive away in his van, he was stopped by the police and arrested.^{[citation needed]} 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 funfair 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.^[22]

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.^{[citation needed]} No evidence was found in Whiting's flat to suggest that Payne had been at the flat.^{[citation needed]}

Whiting was subsequently re-arrested on 31 July 2000^{[contradiction]}. 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.^{[citation needed]}

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.^{[citation needed]} Whiting's father moved out of the house afterwards, fearing for his own safety.^{[citation needed]}

On 21 July 2000^{[contradiction]}, 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.^[12]

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.^[6]

Trial

By 6 February 2001, Sussex Police had enough evidence to press charges against Whiting who appeared at Lewes Crown Court on charges of abduction and murder. Whiting pleaded not guilty to all charges and was remanded in custody, until 14 November 2001.^[23]

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.^[24] 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.^[25] 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.^[26]

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.^[27]

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.^[28]

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^{[by whom?]} that the investigation involved one thousand personnel and cost more than £2 million.

Whiting's sentence

On 24 November 2002, Home Secretary 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.^[29] 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.^[30]

In June 2004, it was confirmed that Whiting would be applying to the Court of Appeal for a new minimum term to be set.^[31] 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".^[32]

Sarah's Law

The campaign for Sarah's Law was spearheaded by the News of the World 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.^[33]

International parallels

The concept of Sarah's Law is similar to Megan's Law, which operates in the USA in honour of murder victim Megan Kanka, who was raped 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 offender". 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.^[34]

• 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^[35] 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 Foley who claimed a 90% recidivism rate.^[36]

• Relationships of offenders to victims. In terms of rape, 83% of attackers are known to their victims^[37] and 54% are partners or former partners. These statistics suggest that "stranger danger" 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.^[38]

British National Party controversy

In January 2010, almost 10 years after the murder took place, the Payne family condemned the British National Party's 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.^[39] Sara Payne has openly expressed her firm opposition to the death penalty in the media on many occasions.^[40]

Aftermath

Payne's mother, Sara Payne, has subsequently written a book, Sara Payne: A Mother's Story, about her daughter's murder and the aftermath, including her campaign for Sarah's Law. The book was published in 2004.^[41]

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"^[42] and "derisory", even though it was the maximum CICA could offer by law.^[43]

Sara Payne was made a Member of the Order of the British Empire (MBE) in December 2008 for her work behind Sarah's Law.^[44]

In July 2011 it was revealed that Sara Payne had been among those targeted in the News International phone hacking scandal^[45] 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 Cornwall) was found guilty of carrying out the slashing which left Whiting with a six-inch scar on his right cheek.^[46] 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.^{[citation needed]}

In July 2011 Whiting was again attacked in prison, apparently by twice convicted murderer Gary Vinter^[47]. No charge was pressed by Whiting and consequently a police investigation into the assault was not undertaken. Whiting's injuries were not life threatening. ^[48]

References

1. ^ "She made angels in snow". The Sun (London). 22 May 2007. http://www.thesun.co.uk/sol/homepage/news/article143951.ece. 
2. ^ Sapsted, David (18 July 2000). "Sarah: body is found 12 miles away". The Daily Telegraph (London). http://www.telegraph.co.uk/news/uknews/1349167/Sarah-body-is-found-12-miles-away.html. 
3. ^ "Births and Deaths England and Wales 1984-2006". Findmypast.co.uk. http://www.findmypast.co.uk/BirthsMarriagesDeaths.jsp. Retrieved 2011-06-27. 
4. ^ Braid, Mary (8 February 2001). "Arrests as suspect in Sarah case faces court". London: Independent Online. http://news.independent.co.uk/uk/this_britain/article251714.ece. Retrieved 25 December 2007. 
5. ^ "Murder in the UK – Serial Killers – Cannibals – Child Killers – Mass Murder". Murderuk.com. http://www.murderuk.com/child_killers_roy_whiting.html. Retrieved 2011-06-27. 
6. ^ ^{a b} "Sarah murder suspect rearrested". BBC News. 6 February 2001. http://news.bbc.co.uk/1/hi/programmes/1156763.stm. Retrieved 25 December 2007. 
7. ^ ^{a b} "Whiting the loner". BBC News. 12 December 2001. http://news.bbc.co.uk/60seconds/hi/english/briefing/newsid_1706000/1706478.stm. Retrieved 25 December 2007. 
8. ^ "BBC On This Day | 18 | 2000 Sarah Payne's body found". BBC News. 18 July 2000. http://news.bbc.co.uk/onthisday/hi/dates/stories/july/18/newsid_2514000/2514769.stm. Retrieved 2011-06-27. 
9. ^ Carter, Helen (23 April 2005). "Shipman hanged himself out of despair and to secure his wife's finances, inquest jury concludes". London: Guardian Online. http://www.guardian.co.uk/shipman/Story/0,2763,1468406,00.html. Retrieved 25 December 2007. 
10. ^ ^{a b c d e f} "A man who revelled in his own filth". Evening Standard. http://www.thisislondon.co.uk/news/article-812001-a-man-who-revelled-in-his-own-filth.do. Retrieved 24 June 2010. 
11. ^ ^{a b} Harris, Paul; Gysin, Christian. "A man so sick any little girl would do". Mail Online (London). http://www.dailymail.co.uk/news/article-89672/A-man-sick-little-girl-do.html. 
12. ^ ^{a b} "A loner with a deadly secret". Mail Online (London). http://www.dailymail.co.uk/news/article-89552/A-loner-deadly-secret.html. Retrieved 14 November 2010. 
13. ^ McVeigh, Karen; McDougall, Dan (13 December 2001). "Hidden history of sex assaults". The Scotsman (Edinburgh). http://news.scotsman.com/sarahslaw/Hidden-history-of-sex-assaults.2285605.jp. 
14. ^ Weathers, Helen. "Roy Whiting's first victim". Mail Online (London). http://www.dailymail.co.uk/news/article-95390/Roy-Whitings-victim.html. 
15. ^ Payne, Stewart (13 December 2001). "How Roy Whiting was freed to kill". The Daily Telegraph (London). http://www.telegraph.co.uk/news/uknews/1365163/How-Roy-Whiting-was-freed-to-kill.html. Retrieved 6 April 2010. 
16. ^ Harris, Paul; Gysin, Christian. "Whiting begins life sentence". Mail Online (London). http://www.dailymail.co.uk/news/article-89671/Whiting-begins-life-sentence.html. 
17. ^ "Killer refused treatment". The Daily Telegraph (London). 12 December 2001. http://www.telegraph.co.uk/news/1365098/Killer-refused-treatment.html. Retrieved 6 April 2010. 
18. ^ "New Sarah Payne jury sworn in". Telegraph (London). 15 November 2001. http://www.telegraph.co.uk/news/1362468/New-Sarah-Payne-jury-sworn-in.html. Retrieved 07-05-2009. 
19. ^ "Timeline: The Sarah Payne tragedy". BBC Online. 12 December 2001. http://news.bbc.co.uk/1/hi/england/1703534.stm. Retrieved 07-05-2009. 
20. ^ "I was nowhere near Sarah - Whiting". BBC Online. 4 December 2001. http://news.bbc.co.uk/1/hi/england/1691371.stm. Retrieved 07-05-2009. 
21. ^ "British police confirm body is Sarah Payne's". The Independent (London). 18 July 2000. http://www.independent.co.uk/news/uk/this-britain/british-police-confirm-body-is-sarah-paynes-706809.html. Retrieved 07-05-2009. 
22. ^ "Sarah accused gave funfair alibi". BBC News. 22 November 2001. http://news.bbc.co.uk/1/hi/uk/1670366.stm. Retrieved 25 December 2007. 
23. ^ "Man charged with Sarah murder". BBC Online. 6 February 2001. http://news.bbc.co.uk/2/hi/uk_news/1156520.stm. 
24. ^ "Sarah Payne killer 'smiled at her brother'". London: guardian.co.uk. 14 November 2001. http://www.guardian.co.uk/uk_news/story/0,,593375,00.html. 
25. ^ Police examine Sarah 'shoe' BBC News
26. ^ Hair clue 'one in a billion' BBC News
27. ^ Whiting guilty of Sarah murder BBC News
28. ^ Sarah's Law 'unworkable' BBC News
29. ^ Sarah Payne killer to serve 50-year term BBC News
30. ^ Lords defy Blunkett on life sentences BBC News
31. ^ Sarah Payne's killer in plea for early release The Observer
32. ^ Sarah Payne killer Roy Whiting's jail term reduced BBC News
33. ^ "Police doubt 'Sarah's Law' will cause vigilante attacks". BBC News (BBC). 1 August 2010. http://www.bbc.co.uk/news/uk-10827669. Retrieved 1 August 2010. 
34. ^ "Outrage as Lord Chief Justice says life sentences are 'too long'". Evening Standard. http://www.thisislondon.co.uk/news/article-23370365-details/Outrage%20as%20Lord%20Chief%20Justice%20says%20life%20sentences%20are%20'too%20long'/article.do. 
35. ^ Reconviction rates of serious sex offenders and assessments of their risk. Home Office
36. ^ "ABC 20/20 - John Stossel Report - Sex offender laws - constitutionalfights.org". YouTube. http://www.youtube.com/watch?v=D-7yt3dYiR8#t=1m18s. Retrieved 24 June 2010. 
37. ^ "Research and statistics". Home Office. 2011-02-18. http://www.homeoffice.gov.uk/rds/pdfs05/hors293.pdf. Retrieved 2011-06-27. 
38. ^ "New law hailed a 'great success'". News of the World. http://www.newsoftheworld.co.uk/news/campaigns/forsarah/30406/New-law-hailed-a-great-success.html. 
39. ^ "SARA HEALTH FEAR IN BNP HANGING ROW". Kirklees Unity. Blogger. 2010/01. http://kirkunity.blogspot.com/2010/01/sara-health-fear-in-bnp-hanging-row.html. Retrieved 14 November 2010. 
40. ^ Clench, James (25 February 2008). "Death penalty: Your verdict". The Sun (London). http://www.thesun.co.uk/sol/homepage/news/justice/article841077.ece. 
41. ^ Payne, Sara (2004). Sara Payne: A Mother's Story. England: Hodder & Stoughton. 240 pages. ISBN 9780340862759. 
42. ^ "Sarah's mother attacks 'sick' offer". BBC News. 29 July 2001. http://news.bbc.co.uk/1/low/uk/1462822.stm. Retrieved 5 December 2007. 
43. ^ "Sarah Payne Compensation 'Sick Joke'". Sky News. http://news.sky.com/skynews/article/0,,30000-1024830,00.html. Retrieved 24 December 2007. 
44. ^ "Campaigner Sara Payne becomes MBE". BBC Online. 31 December 2008. http://news.bbc.co.uk/2/hi/uk_news/7804970.stm. 
45. ^ Davies, Nick; Hill, Amelia (28 July 2011). "News of the World targeted phone of Sarah Payne's mother". The Guardian (London). http://www.guardian.co.uk/media/2011/jul/28/phone-hacking-sarah-payne. 
46. ^ Man guilty of Sarah killer attack BBC News
47. ^ Wells, Tom; Perrie, Robin (2011-07-02). "Sarah Payne killer knifed in the eye". The Sun (London). http://www.thesun.co.uk/sol/homepage/news/3673194/Sarah-Payne-killer-Roy-Whiting-knifed-in-eye.html. Retrieved July 02, 2011. 
48. ^ Child killer attacked in prison MSN News

External links

• Argument rages over Sarah's law
• Sarah's law explained