Adult Sexual Assault Flashcards
Define Adult in regards to ASA
A person aged 17 years or older at the time of reporting a sexual assault
Define Sexual Assault
Sexual assault includes but is not limited to:
• Sexual violation by rape or unlawful sexual connection
• Indecent assault
• Any form of unwanted or coercive touching or actions of a sexual nature or in the circumstances of indecency
• Any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
• incest
Define victim
The person whom a sexual assault has been committed against. Can also be referred to as the survivor.
What must you do in providing appropriate crisis support?
- Advise the victim asap after receiving the complaint of adult sexual assault of:
a. Their right to support during the investigation and that police will arrange for a specialist sexual assault support worker to speak to them
b. That they can have input into decisions about who provides support and when. - Contact local specialist sexual assault support service regardless of the victim’s response. Encourage the victim to meet the specialist support person alone.
- If the victim chooses not to have specialist support and elects family or friends, discuss the implications including:
a. The experience of the specialist support
b. Family members may also be traumatised from the incident
c. Family members or others may be potential witnesses and may influence or exert pressure on the victim
d. The presence of intimate partners and parents can create issues around frank and open disclosure
e. Friends and families may disclose to others
What is the purpose of the preliminary interview
To gain a better understanding of what has occurred and to determine:
• What further investigative actions are necessary
• Whether an offence may have occurred; and
• Whether the victim wishes to make a formal complaint
What steps to take after the preliminary interview
Re-assess the investigation and consider:
• Public safety and the likelihood of similar or connected further offending
• The need to secure and preserve fragile or diminishing evidence
• Securing and containing the crime scene
• Identifying and locating witnesses
• Identification and/or apprehension of suspects
Information feedback to victim
- Give information about support and provide access to it
- Provide information about the investigation process and realistic expectations including:
• Initial actions
• Medical / forensic examination
• Formal interview
• Explanation regarding exhibits, purpose and likelihood of return
• Subsequent court process - Clarify victims expectations in reporting
- Provide opportunity to comment on their needs regarding the selection (consideration):
• ASA investigator
• Specialist interviewer
• Medical doctor
• Support person - Provide updates during the investigation
- Consider section 29 Victims Act
- Discuss whether the investigation or prosecution could proceed if a complaint is withdrawn
- Explain and discuss decisions not to proceed with an investigation or prosecution and assist the victims to understand the reasons for this
What is the primary objective of medical examination?
Is the victim’s physical, sexual and medical health and safety. Of secondary importance is the opportunity to collect trace evidence
Actions after the medical - debriefing the Doctor
Discuss with the medical doctor:
• The immediate needs of the victim
• Verbally summarise the exhibits and possible significance
• ID forensic items with urgency to ESR
• Injuries requiring photographs
• Any significant disclosures made by the victim during the examination
Procedures for conducting preliminary interview
- Ensure:
- the victim is safe,
- all necessary initial contact actions have been undertaken
- the interview environment is comfortable and private, and evidence neutral - As soon as established that a sexual assault may have occurred, immediately arrange for a specialist sexual assault support worker to provide emotional care. If victim is very distressed don’t proceed without specialist support, unless information is required urgently or a persons safety is at risk.
- Follow investigative interviewing procedures - TEDS questions to establish:
- what has happened
- when did it take place
- where did it take place
- who is the offender - Don’t conduct a formal interview unless asked to do so by CIB supervisor or specialist adult interviewer
Timing of medical examinations:
Acute or suspected drug facilitated sexual assault (within 7 days)
Medical practitioner must be contacted as soon as possible. Ideally an examination should take place within 24 hours and before evidence is lost.
If three or four days have passed since assault, examination may not be as urgent, however it should still be considered.
Timing of medical examinations:
Non Acute (7 days to 6 months)
Always refer victim to SAATS medical care, even if forensic examination unlikely due to time passed.
Useful forensic evidence can still be captured, eg bruising or genital symptoms may still be evident 10 or more days after serious assault.
Timing of medical examinations:
Historic (more than 6 months)
Refer vicitm to SAATS to determine whether they may benefit from medical examination or medical care.
Before conducting medical examination
- Explain to the victim that the examination:
- will be conducted by medical practitioner specially trained in examining persons who have been sexually assaulted
- has potential health benefits and can help Police obtain evidence to apprehend the offender.
The expected duration of the exam (couple of hours) and if appropriate, the possible outcomes.
Ask if they have any concerns about gender of practitioner and advise will do your best to accommodate their wishes.
- Contact medical practitioner on call and:
- advise the age and gender of victim as may impact on suitability of practitioner
- advise when the sexual assault was believed to have occurred
- give a very brief outline of information known so far including if durgs are involved, details of victims injuries, level of intoxication or other known health concerns
- if relevant discuss victims wishes about gender of examining practitioner
- when necessary discuss whether child sexual assault complaint shoud be investigated using ASA procedures - Arrange time for practitioner to be at examination venue and provide access if necessary
- Ensure the victim has had the opportunity to speak to specialist sexual assault support worker.
Ensure any support person chosen has not had contact with any suspects - Use toxicology kits for early evidence capture pending medical examination.
- Unless you are sure that a change of clothing will be available at examination venue, arrange change of clothes for victim
- If necessary take MEK. In appropriate cases take a toxicology kit.
8 Ensure officer attending the examination has all the relevant information to fully brief the medical practitioner.
