Adult Sexual Assault Investigation Policy and Procedures Flashcards
Adult
Person aged 18 years or older at the time of reporting a sexual assault.
Child
Person under the age of 18 at the time of reporting a sexual assault.
Sexual Assault
Includes but not limited to:
- Sexual violation
- Indecent assault
- Any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of indency
- Any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
- incest.
Timings of Complaint
Acute: within 7 days of the assault
Non-acute: 7 days - 6 months
Historic: over 6 months
Key process points in ASA Investigation
- Initial Action on contact
- Case referral to CIB
- Providing specialist support
- Preliminary interview
- Information feedback
- Medical examination
- Formal interview
- Investigating and evidence assessment
- Resolution options
- Prosecution
- Final action and record keeping
- Prevention opportunities and responsibilities.
Purpose of Preliminary Interview
Gain better understanding of what has occurred and establish:
- brief outline of facts
- victim safety
- public safety
- urgent investigation needs, considering - potential lost of evidence, medical circumstances, suspect’s likely actions.
After the Preliminary Interview
- Re-assess investigation so far and consider further investigation procedures necessary:
- public safety and likely-hood of reoffending
- secure and preserve fragile evidence
- secure and contain the scene
- identifying witnesses
- identifying and apprehension of suspects. - Photograph the victim
- Obtain victim’s clothing
- Advise victim of specialist services available to them eg medical and HELP.
Information Feedback to Victims
- Give information asap on Sexual Assault Services available and provide access to service.
- Provide information about investigation process and realistic expectations about likely timings of each stage.
- initial action
- medical/forensic examination
- formal interview
- exhibits
- completion of investigation
- court process - Clarify victim’s expectations
- Victim’s should be given opportunity to comment on their needs regarding selection of:
- ASA investigator
- Interviewer
- Medical doctor
- Support person - Provide investigation updates
- Advise victim of further proceedings, charges laid, court dates, s29 VRN.
- Discuss with victim whether investigation/prosecution should continue if investigation is withdrawn.
Primary Objective of Medical Examination
Victim’s physical, sexual and mental health and safety.
Second is collect trace evidence for investigation.
Procedure prior to conducting a Medical Examination
- Explain to victim:
- examination will be conducted by medical forensic practitioner specially trained in adult sexual assault
- duration of the visit
- importance of medical for health benefits and forensic benefits
- concerns about the gender of the practitioner. - Contact medical forensic practitioner:
- advise age and gender of victim, impact on practitioner’s suitability
- advise when sexual assault occurred
- brief outline of incident, drugs, alcohol, injury, health concerns
- victim’s wishes around gender of practitioner
- discuss best timing and approach of exam. - Arrange time for medical examination.
- Ensure victim has had the opportunity to speak with a specialist sexual assault support worker.
- Use toxicology kits for evidence capture.
- Arrange for extra clothing for victim after examination.
- Bring MEK and toxicology kit.
- Ensure attending officer has all relevant information.
Procedure after a medical examination
Before MEK is sealed, the attending officer debriefs with practitioner asking them to:
- advise on immediate needs of the victim
- verbally summerise the exhibits and advise their possible significance in investigation
- identify forensic items that may need to be taken to ESR asap to avoid loss of evidence
- identify any injuries that should be photographed
- identify significant disclosure made by the victim during the examination.
Trace evidence preservation Victim should refrain from:
- 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
When interacting with victims of sexual assault, provide a safe and secure environment in which they may regain some control of their lives. (CALM TEA)
CONDUCT your dealings in a sensitive and concerned manner.
ACCEPT they are telling the truth until/unless there is evidence to prove the contrary.
LISTEN to what they tell you, give them an opportunity to tell there account in their words, even to just vent their feelings.
Establish weather 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.
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
