Adult Sexual Assault

Question 1

Who does ASA policy and procedures apply to?

Answer 1

17All cases where the victim of the alleged offending (male or female) is 17 years of age or older at the time the complaint is made.

Question 2

ASA timing categories

Answer 2

Acute - 1 to 7 days
Non-acute - 7 days to 6 months
Historic

Question 3

ASA 12 Key Process Points

Answer 3

• Initial Actions on Contact
• Case Referral
• Providing Specialist Support
• Preliminary Interview
• Information Feedback
• Medical Examination
• Formal Interview
• Investigation and Evidence Assessment
• Resolution Options
• Prosecution
• Final Actions and record Keeping
• Preventative Opportunities and Responsibilities

Question 4

How to provide a safe and secure environment for victims of sexual offences

Answer 4

• Conduct your dealings in a sensitive manner.
• Treat them courteously.
• Establish whether they require medical attention.
• Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
• Accept they are telling the truth until/unless there is evidence to prove the contrary.
• Explain the process you are following and why you need to follow that process and ask certain questions.
• Advise them of the local counselling services available.

Question 5

Trace evidence preservation

Victim should refrain from:

Answer 5

Eating or drinking
Smoking

Brushing teeth or rinsing mouth
Brushing or combing hair

Changing clothing
Going to the toilet - if necessary capture urine and ask them not to wipe

Washing hands or biting nails
Washing and showering

Question 6

Purpose of ASA preliminary interview

Answer 6

• Gain better understanding of what has occurred
• Brief outline of facts
• Victim safety
• Public safety

• Urgent investigation needs, considering:

• Potential for loss of evidence - medical circumstances
• Suspects likely actions

Question 7

Post preliminary interview considerations

Answer 7

• Re-assess investigation
• Secure and contain scene
• Secure and preserve fragile or diminishing evidence
• Identifying and locating witnesses
• Detecting and apprehending suspect, considering public safety and likelihood of further offending

Question 8

Information feedback to victims

Answer 8

• Specialist support available
• Clarify victims expectations
• Information about police investigation including realistic timing expectations;
  
  • initial action
  • medical exam
  • formal interview
  • exhibits taken, why and likelihood of return
  • completion of investigation
  • Subsequent court processes

Question 9

Primary purpose of Medical Forensic Examination

Answer 9

The victim’s physical, sexual and mental health and safety

Question 10

Before conducting examination, explain to the victim:

Answer 10

• that the examination will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted

• Ask if they have concerns about gender of the doctor.
• that it has potential health benefits and can help Police obtain evidence to apprehend/prosecute the offender

• the expected duration of the examination (“a couple of hours”) and, if appropriate, possible outcomes of the examination.

Question 11

What information to advise medical practitioner

Answer 11

• Advise the age and gender of the victim as this may impact on the practitioner’s suitability
• advise when the sexual assault is believed to have occurred
• give a very brief outline of the information known so far, including whether drugs and/or alcohol may be involved, details of the victim’s injuries or other known health concerns
• if relevant, discuss the victim’s wishes about gender of the examining practitioner

Question 12

What to take to medical exam

Answer 12

• Toxicology kit
• MEK
• Change of clothing
• Information for Doctor

Question 13

Before MEK is sealed, debriefing with medical practitioners to establish:

Answer 13

• advise on any immediate needs of the victim
• identify any significant disclosures made by the victim during the examination which:
- may be useful in the Police investigation, or
- in the case of under 18 year olds being dealt with under these
procedures, require notification to Oranga Tamariki.

• verbally summarise the exhibits and advise their possible significance in the investigation
• identify any forensic items that may need to be taken to ESR as soon as possible for analysis to minimise loss of evidential benefits

• advise whether any photographs have been taken as part of the
examination
• identify any injuries that should be photographed (i.e. non-intimate
injuries)

Question 14

Victim Defined

Answer 14

S4 Victims Rights Act 2002

(a) means—
(i) a person against whom an offence is committed by another person; and

(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned