Adult Sexual Assault Investigation Policy and Procedures Flashcards
Definitions:
Adult
Victim
Sexual Assault
What is the timeframe?
ADULT
A person 17years at the time of reporting a sexual assault
VICTIM
The person whom a sexual assault has been committed against - Survivor/Complainant
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 circumstances of indecency
· any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
· incest.
Acute - Within 7 days
Non Acute - 7days or more but before 6mths
Historic - after 6mths
KPP3 - Appropriate Crisis Support
Ensure specialist crisis response person is arranged for the victim.
Appropriate crisis response is provided by:
STGP
1. SPECIALLY trained person
2. TRAINED sexual assault counsellor where there are no groups available locally which support victims
3. GROUP or Agency including Iwi or Maori Groups
4. PROVIDING specialist crisis support or counselling services for the victims
KPP4 - PRELIMINARY INTERVIEW
- Who undertakes a Prelim interview with a ASA victim?
- What is the purpose of a Prelim Interview?
- What are the procedures for conducting a Prelim Interview
- What should you do after a After the Prelim Interview.
- An appropriate CIB member/ASA investigator
- PURPOSE is to necessary to gain a better understanding of what has occurred and to determine:
WHAT further investigative actions are necessary
WHETHER an offence has occurred and
WHETHER the victim wants to make a formal complaint. - Ensure the victim is SAFE
- All necessary INITIAL CONTACT ACTIONS have been undertaken
- INTERVIEW ENVIRONMENT is appropriate and evidence neutral
- Arrange crisis support ASAP
- PSSID
Reassess and reconsider what further investigative procedures appropriate.
PUBLIC SAFETY - likelihood of similar/connected offending.
SECURE/preserve fragile or diminishing evidence
SECURE/contain crime scene
IDENTIFY /locate witnesses
DETECTING/apprehending suspects
Consider whether a recent photo of victim is necessary for evidential purposes.
Ensure victim advised of specialist services available
KPP5 - What Information feedback do you need to give an ASA victim?
.SPECIALIST support services available to them and provide access to them.
INVESTIGATION process and realistic expectations about time frames
INITIAL ACTIONS - Scene exams
MEDICAL/Forensic exam
FORMAL INTERVIEW - and the recording process
EXHIBITS - Explanation regarding exhibits being taken and the purpose and likelihood of return
COURT PROCESS
WHETHER the victim wants to make a formal complaint/seeking info to help make decision.
Give them the opportunity to make
Comment on their needs regarding the selection of the ASA investigator/interviewer/doctor/support persons.
Ensure to give progress reports
Discuss with the victim whether investigation/prosecution could or should continue if complaint is withdrawn.
Explain any decision not to proceed with the investigation/prosecution
KPP6 what is the primary Objective of a Medical Examination?
What is the timing of a medical exam?
- The primary objective is the victims physical, sexual and mental health.
Secondary importance is to Collect trace evidence
**********
ACUTE or a suspected drug facilitated sexual Assault should be WITHIN 7 days. MEK to be done ASAP to ensue capturing forensic evidence.
NON ACUTE - after 7days but before 6mths
HISTORIC - after 6months
Actions PRIOR to Medical exam.
- What should you explain to the victim PRIOR to the medical exam?
- What are the next steps?
- EXPLAIN TO THE VICTIM
- The medical forensic practitioner is SPECIALLY trained for victims of sexual assault.
- BENEFITS of a full medical and the potential benefit to their physical, sexual and mental health and to obtain evidence to apprehend the offender
- Expected TIME for exam and if appropriate, possible outcomes of the exam
* ************** - NEXT STEPS
- Contact the Doctor DSAC. Debrief. When drugs? Victims details. Level of intoxication and health concerns.
- Arrange VENUE/TIMINGS for the medical exam.
- ensure victim has had the opportunity to speak to a Specialist Crisis Response person and that person may be present.
- TOK KITS for early evidence in appropriate cases.
What is the procedure AFTER medical exam (debrief)
- Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
- Advise on any immediate needs of the victim
- Verbally summarise the exhibits and advise their possible significance
- Identify any forensic items that need to be taken to ESR, ASAP for analysis
- Identify any non-intimate injuries that should be photographed
- Identify any significant disclosures made by the victim during the examination which
- May be useful in the Police Investigation
- In the case of s presence and hands over the MEK, tox kit and clothing removed, bagged, labelled during exam.Dr keeps original.
* ********* - Police secure the sealed kit in an appropriate refrigerator until delivery to ESR
* ********* - Collect and preserve any clothing worn by the victim not already bagged by practitioner. Package, label each item of clothing separately.
What is the process after the prelim interview?
Re-ass and consider what further investigative procedures are appropriate…..
- PUBLIC SAFETY - likelihood of a similar/connected further offending
- SECURE/preserve fragile or diminishing evidence
- SECURE/contain Crime Scene
- IDENTIFY/locate witnesses
- DETECTING/apprehending suspects
*************** - Consider whether a recent photograph of the victim is necessary for evidential
purposes - If Police require the victim’s clothing for examination, ensure a suitable
change of clothing - Regardless of whether further investigative actions are to be taken or a formal complaint made, ensure the victim is advised of the specialist services
available to th
