Adult Sexual Assault Investigation Policy and Procedures Flashcards
ASA Principles - WISA
- The victim’s Well-being and safety is paramount
- Police will use ASA Investigators along with specialist forensic interviewers
- Victims must be offered Specialist support and crisis support
- Sexual assault is a serious criminal act and offenders should be held Accountable.
Victim Defined
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
Who does ASA policy and procedures apply to?
All cases where the victim of the alleged offending (male or female) is 18 years of age or older at the time the complaint is made.
How to provide a safe and secure environment for victims of sexual offences
- Conduct your dealings in a sensitive manner.
- Accept they are telling the truth until/unless there is evidence to prove the contrary.
- Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
- establish whether they require Medical attention.
- Treat them courteously.
- 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.
Desired 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.
ASA timing categories
- Acute - within 7 days of the sexual assault
- Non-acute - at 7 or more days after the sexual assault, but before 6 months
- Historic - after 6 months of the sexual assault
When should victim updates and attention to prevention opportunities occur during the 12 step key process points of an ASA investigation?
This should occur throughout all process points.
ASA 12 key process points - overview
(ICP PIM FIR PFP)
- 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
- Prevention opportunities and responsibilities
ASA 12 Key Process Points - Key process point 1
(PEV D-VCSOW RAR P-EGCSLPT AAE)
-
Initial actions on contact:
Brief details of the complaint are obtained to determine initial actions. Conduct these where necessary.
The first Police employee involved in a potential ASA case must take these initial actions:
- _P_rivacy must be _E_nsured
- Victim’s safety is paramount - use TEDS to determine if the matter is sexual and what action is required
-
Details include:
- Victim’s details and whereabouts;
* *- brief C**ircumstances of the alleged offence;
- Scene location;
- Offender’s description,
- Whereabouts, and any mode of travel - Record everything for FWS
- Advise specialist support is available and, with consent, contact that support. Next, contact your supervisor to discuss next course of action.
- Refer the incident to CIB ASAP.
- Pending transfer to CIB, and where possible in consultation with them, take other necessary initial action including:
- Ensure the victim’s safety and immediate health needs are met.
- Good practice exhibit handling
- Consider other needs eg childcare
- Secure witnesses
- Locate or identify suspected offender
- Preserve crime scenes and other relevant physical evidence
- Take other actions requested by CIB.
- Advise the victim to refrain from eating etc
- Advise supervisor of your actions
- Explain processes throughout initial actions to victim - always consider issues relating to victim’s privacy.
ASA 12 Key Process Points - Key process point 2
CAUHC (Tacky)
Case referral:
Incident is referred ASAP to the CIB and an ASA investigator.
- Contact CIB ASAP
- Complete any Action they request
- Any further questioning must be Undertaken by an ASA investigator
- Complete Handover to CIB all paperwork, exhibits, and any other material connected to the investigation.
- The assigned investigator should consider whether or not they have a Conflict of interest.
ASA 12 Key Process Points - Key process point 3
(SAD IDB)
3. Providing specialist support:
Where the victim consents, arrange for a SSARP to provide support.
- Advise the victim of their right to Support
- Specialist SSARP should be made Available to all ASA victims
- If the victim _D_eclines support and wants a family member, discuss the _I_mplications of this _D_ecision
- Provide the Brochure, “Information for victims of sexual assault”.
Reasons why it is preferable for an ASA victim to be provided with specialist support instead opting for a friend or family member.
(ETIID - just eat it)
- Specialist support workers are Experienced
- Family members and others close to the victim may also be Traumatised
- Family may become witnesses and may Influence the victim
- The presence of family can create Issues around open disclosure
- Friends and family may Disclose to others
ASA 12 Key Process Points - Key process point 4
(BVPU)
Preliminary interview:
A CIB OR ASA investigator undertakes a preliminary interview of the victim.
This is necessary to establish:
- Brief outline of facts
- Victim safety
- Public safety
- Urgent investigation needs, considering - potential for loss of evidence; medical circumstances; suspect’s likely actions
Procedures for conducting preliminary interviews
(ASUMES WE NO)
- Don’t conduct a formal interview unless Asked by a CIB supervisor
- Ensure:
- the victim is Safe
- all initial contact actions have been Undertaken
- the interview environMent is comfortable and private
- if conducted at a Police Station that it’s not in a room that has been used by suspects/offEnders - Ensure that Specialist ASA support has been completed
- Ask the W**itness T**EDS type questions
- Record all information in NOtebook.
After the preliminary interview
(RISPEWS PCS)
-
_R_eassess the _I_nvestigation and consider:
- Suspect;
- Public
- Evidence;
- Witnesses;
- Scene; - Consider whether a recent Photograph of the victim is necessary for evidential purposes
- If Clothing to be seized, ensure a suitable change of clothing is arranged
- Make the victim aware of the specialist Support services available
ASA 12 Key Process Points - Key process point 5
Information feedback:
Whenever possible, and as soon as practicable, the victim is informed as to investigative findings and decisions.
Key process point 5 - What information to feedback to victims
(SCIIM FECS)
- Specialist support available
- Clarify victim’s 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
Information to be provided to victims
(GP -ITTE- C T -AIMS- UVWD)
- Give information ASAP about the sexual assault services available.
-
Provide information about the Police investigation process and timing of each stage including:
- Initial actions
- The medical exam
- The formal interview
- Exhibits - Clarify the victim’s expectations in reporting
-
The victim should be given an opportunity to comment on their needs regarding the selection of the:
- ASA investigator
- Specialist adult witness Interviewer
- Medical/forensic doctor
- Support person - Provide progress Updates to victim during investigation.
- Ensure S29 VRA is complied with
- Discuss whether the investigation and/or prosecution can continue if victim complaint is Withdrawn.
- Explain and discuss Decisions not to proceed with an investigation or prosecution and assist the victim to understand the reason for this.
ASA 12 Key Process Points - Key process point 6
Medical Examination:
Organise a medical examination ASAP in appropriate cases. This is especially important in acute cases (reported within 7 days of the assault) or suspected drug facilitated sexual assault.
Trace evidence preservation
Victim should refrain from:
(ES BB CG WW)
- 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
Before conducting the medical forensic examination - step 1
EDEBOHAC
Explain to the victim:
- That the Exam:
- will be conducted by a _D_octor specially trained in _E_xamining ASA victims
- has health Benefits
- can help Police obtain evidence to arrest Offender
- That it will take a couple of Hours
- They have a choice as to gender of doctor and you will do your best to ACcommodate their wishes
Before conducting the medical forensic examination - step 2
ABODG
Contact the medical forensic practitioner on call and:
- Advise Age and gender of victim - may impact on the practitioner’s suitability
- Advise when assault is _B_elieved to have _O_ccurred
- Give very brief outline of known info eg, whether Drugs involved; injury details; level of intoxication
- Discuss victim’s wishes re - Gender of examining practitioner
Before conducting the medical forensic examination - step 3
Arrange times for the medical forensic practitioner to be at the examination venue and provide access to the examination room when necessary.
Before conducting the medical forensic examination - step 4
Ensure the victim has had the opportunity to speak to a specialist sexual assault support worker.
Before conducting the medical forensic examination - step 5
Use toxicology kits for early evidence capture in appropriate cases, pending the medical/forensic examination.
Before conducting the medical forensic examination - step 6
Unless you are sure a change of clothing (including undergarments) will be available at the examination venue, arrange a change of clothing for the victim for after their examination.
Before conducting the medical forensic examination - step 7
If necessary take an MEK kit for use at the examination venue.
Before conducting the medical forensic examination - step 8
Ensure the officer attending the examination has all the relevant information so that the practitioner can be fully briefed.
Examination procedure - step 1
The attending officer should ensure the medical forensic practitioner has not been in contact with any suspects before the examination and that an unexpired MEK and toxicology kit (where relevant) is available.
Examination procedure - step 2
The attending officer provides the practitioner with all relevant information available to Police at that time about the nature of the sexual assault (eg the victim’s body position or where they said they were licked or kissed).
Remember:
- A considerable number of sexual assault victims do not fully or initially disclose the extent of their attack, particularly oral or anal contact.
- Disclosures not made during a preliminary interview may be made during a medical forensic examination.
Examination procedure - step 3
After conducting the examination, the practitioner:
- Seals and labels all samples with the victim’s name, date and time they were taken and places them within the MEK
- Bags, seals and labels any items of clothing removed during the examination.
Examination procedure - step 4
(NEPEIDS)
Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
- Advise on victim Needs
- Summarise the Exhibits and possible significance
- Advise whether Photographs were taken during exam
- Identify items that need to go to ESR ASAP
- Identify Injuries that should be photographed (ie, non-intimate injuries)
- Identify Disclosures made by the victim
All information goes in O/C file’s Statement and attached to the case file.
Examination procedure - step 5
The practitioner seals the MEK and hands it to Police along with the toxicology kit (where relevant) and clothing removed during the examination for preservation of evidence and/or subsequent analysis.
Examination procedure - step 6
Police secure the sealed kit in an appropriate refrigerator (not a freezer). Once it is established that analysis is required, follow local procedures for the delivery of specimens to ESR as soon as possible (if the kit contains evidence requiring urgent analysis then send it without delay).
Examination procedure - step 7
Police collect and preserve any clothing worn by the victim during the offence that has not already been bagged by the medical forensic practitioner.
Appropriately package and label each item of clothing separately to avoid cross-contamination.
ASA 12 Key Process Points - Key process point 7
Formal interview:
Formally interview the victim.
What are some considerations around whether a victim should be Level 3 interviewed?
(NIP V FR)
- Nature of the offending
- Investigative importance of the witness
- Potential of a S103 Evidence Act application
- Vulnerability
- Fear of intimidation
- Relationship to any party involved in the investigation
What are the key aspects of the interviewing procedures applying to ASA victims?
(FADES P)
- Use the ‘PEACE’ Framework
- Make a support person Available during interview
- Different interviewers interview victim and suspect
- Electronically record the interview
- Use a Specialist adult witness interviewer
- Explain to the victim the Process and format of the interview.
What are some details you should elicit from a recent complaint witness?
(CASED)
- The Circumstances in which the conversation has occurred
- Their Association/relationship with the victim
- What the victim Said
- Any questions the person asked the victim that might have Elicited the complaint
- The victim’s Demeanour and physical appearance during the conversation
Seek corroboration from these witnesses as to the reported circumstances
What is to be considered before an initial approach to a suspect of adult sexual abuse?
SOAPD
- The location and Situation (alone or in a family or work situation)
- Follow up Options
- Investigator’s style, manner and Approach
- The possible Perceptions of the suspect and what they may interpret as occurring
- The time of Day
Medical examination of suspects. Ask the practitioner to …
(SEMI)
- Take appropriate Samples from the suspect
- Record any comments or Explanations made by the suspect about the cause of injuries or other relevant comments made.
- Give their opinion of the suspect’s Mental condition so that Police obtain a further psychiatric opinion where necessary
- Note any Injuries such as scratches or bruising and how this may have originated
What to do if the victim does not make a formal complaint?
(FORD PAI)
- Unless evidence of Fabricated complaint, the matter should be K6’d
- Consider Options with offender as might be appropriate
- Talk to offender for purpose of Risk assessment
- Consider Disclosing source of info
- Consider potential to Prevent further victims
- Fully investigate deciding whether to take further Action
- Record for Intel
Factors to consider when deciding on the Police response to historical complaints
(CAFE POW)
- Whether Corroboration is available
- The Availability of other evidence and witnesses
- The likelihood of Further, continued or connected offending
- The victim’s ability to clearly recall Events
- Legal Precedents
- The Offender’s current situation
- The victim’s current circumstances and Wellbeing
