Adult Sexual Assault Investigation (ASAI) Policy & Procedures Flashcards
What is the Most Paramount Consideration of ASAI?
The victims well-being and safety
A Successful Outcome is The Careful Balance Between Two Priorities
- Undertaking the investigation as quickly as possible
- Meeting the complainants physical and emotional needs
Providing a Safe and Secure Environment (CALM TEA)
- Conduct dealings in a sensitive manner
- Accept they are telling the truth
- Listen to what they have to say
- Establish whether they require medical attention
- Treat them courteously
- Explain the process followed and why
- Advise them of available counselling services
MEK’s: What to advise the Medical Practitioner
- Advise of age and gender of victim
- When sexual assault occurred
- brief outline of information known, including level of intoxication, injuries, or any other health concerns
- Victims wishes of examining practitioners gender
- Whether a Childs sexual assault should be treated using adult sexual assault procedures
Who can file an ASA file?
Level 4 ASA trained and qualified CIB supervisors.
ASA Crime Scene Examination - Exhibits
- Locating, recording, photographing in situ
- Securing, labelling and packaging, handling and retention
- Analysis, assessment and court presentation
- Final actions: appropriate return/disposal etc
When returning exhibits be sensitive about potential impact on victim. Should it be returned at all? Consider cleaning exhibits & returning them in non Police labelled packaging
Outcomes of ASAI policy and procedures
- Enhance the welfare and safety of sexual assault victims by providing quality service, timely investigations and referral/access to specialist support services
- Improve the investigation, resolution and management of adult sexual assault complaints.
- Points You Should Advise a Victim to Explain the Medical Forensic Examination Procedure *
- the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
- The benefits including the potential benefit to their physical, sexual and mental health and how the examination can help Police obtain evidence to apprehend the offender
- expected time for the examination and possible outcomes
- Whether they have any concerns about the gender of the practitioner and do your best to accommodate their wishes
- In acute cases, what should the victim refrain from doing until after they have had a medical examination? *
- eating or drinking
- going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female not to wipe)
- washing or showering
- washing hands/biting fingernails
- Changing clothing
- Smoking
- Brushing or combing hair
- Brushing teeth or rinsing mouth
Timing of Complaints
Acute - within 7 days of sexual assault
Non-acute - at 7 or more days after sexual assault but before 6 months
Historic - After six months of the sexual assault
Point 1 - Initial Actions on Contact
The safety of the victim is paramount, ensure privacy.
Obtain brief details of the complaint to ascertain if the matter is of a sexual nature and what immediate actions are required, including: victims details and whereabouts, brief circumstances of the alleged offence, scene location and offenders description, whereabouts and mode of transport.
Refer incident to CIB ASAP, in consultation with CIB: ensure victims safety, remove clothing preserving marks, tears and cuts, minimise chances of contamination/loss when handling exhibits, secure witnesses, locate or identify suspected offender, preserve crime scene.
Point 3 - Providing Specialist Support
Specialist sexual assault response person to provide support in order to maximise the psychological and emotional well-being of the victim.
Personal information not be released to support agencies without consent of victim, to do so may breach the Privacy Act 2020.
Provide Victim with a copy of ‘Information for Victims of Sexual Assault Brochure’.
- Point 4 - Preliminary Interview *
A CIB member or ASA investigator undertakes a preliminary interview to establish:
- brief outline of facts
- victim safety
- public safety
- urgent investigation needs, considering: potential for loss of evidence, medical circumstances, and suspects likely actions
- Point 6 - Medical Examination *
Primary objective of a medical forensic examination is the victims physical, sexual and mental health and safety.
Especially important in acute cases or suspected drug facilitated sexual assault.
Point 10 - Prosecution
Standard file preparation and prosecution procedures.
All sexual assault cases are Category 3 offences under the Criminal Procedure Act 2011 (punishable by two or more years imprisonment, where the defendant has the right to elect trial by jury).
