Adult Sexual Assault - Lesson Notes Flashcards
Timings of Complaint
Acute: within 7 days of the sexual assault
Non-acute: at seven or more days after the sexual assault, but before 6 months
Historic: after 6 months of the sexual assault
The 12 key process points in the ASA investigation
1) Initial actions on contact
2) Case referral
3) Providing specialist support
4) Prelim Interview
5) Information feedback
6) Medical examination
7) Formal interview
8) Investigation and evidence assessment
9) Resolution options
10) Prosecution
11) Final actions and record keeping
12) Preventative opportunities and responsibilities
Timing for forensic examination
Acute: A medical forensic practitioner must be contacted asap. Ideally should be conducted within 24hrs. If 3 - 4 days then may not be as urgent, but should still be considered.
Non-acute: Always refer the victim for medical care, even if cases when a forensic exam is unlikely to generate trace evidence.
Historic: Refer the victim, to determine of they need medical care.
Who does the ASA policy apply to
to all cases where the victim of the alleged
offending (male or female) is 17 years of age or older at the time of making the
complaint. And the complaint is of a sexual nature
The key policies and principals that underpin all ASA complaints
will be treated with dignity and respect
• well-being and safety is paramount
• must be referred to specialist sexual assault support services and be encouraged to
have specialist support available to them throughout the investigation until case
resolution
• must be given regular updates on the progress of the investigation and all other
matters they are entitled to receive information about under the Victims’ Rights Act
2002
Under the ASA policy what responsibility do Police have
investigate reported complaints
use ASA investigators and specialist adult interviewers
co-ordinating support for the victim
providing advice and feedback throughout the investigation
Under the ASA policy what responsibility do specialist support have
ensure victim receives support throughout investigation
offering/providing the victim ongoing counselling and therapy
provide information about the investigation and their rights
provide a link between Police and victims
referring victim to other support services
Under the ASA policy what responsibility do Specially trained sexual assault medical forensic practitioners have
provide primary medical care to the victim
provide forensic and specific care required in ASA investigations
retrieving forensic medical evidence
referring victims for followup medical care
providing exam reports to police
provide unbiased expert evidence
What actions should be taken for initial actions on contact
Ensure the privacy is protected, escort them to a place that will provide safety, privacy,
comfort and be evidentially neutral
Brief details -
victim’s details and whereabouts (if not reporting in person)
• brief circumstances of the alleged offence
• scene location (if known)
• offender’s description, whereabouts and mode of any travel.
ascertain if the matter is of a sexual nature
• determine what immediate actions are required.
Refer to CIB asap
While waiting for CIB - ensure victims safety and health needs are met
consider other immediate needs (child care)
secure witnesses
preserve crime scene
detain suspected offenders
To preserve evidence what should victims refrain from the following 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 victims not to wipe) • washing or showering • washing their hands or biting their fingernails • changing clothing • smoking • brushing or combing hair • brushing teeth or rinsing their mouth.
What is the purpose of a prelim interview
- what further investigative actions are necessary
- whether an offence may have occurred, and
- whether the victim wishes to make a formal complaint
Who should conduct a prelim interview
An ASA investigator
Things to think of after the prelim interview
public safety
securing and containing the scene
identifying and locating witnesses
identifying and locating offenders
the need to secure fragile and preserve fragile evidence
Consider whether a recent photo of the victim needs to be taken
Ensure specialist services are available to them
The purposes of key process point 5 - information feedback
Provide information about Police investigation and realistic expectations about timings on
• the medical/forensic examination
• the formal interview and recording process
• an explanation regarding exhibits that may have been taken, the purpose
for this and likelihood of return
• subsequent court processes.
- Clarify the victims expectations on reporting
- provide progress updates to the victim about and during the investigation
- Advised of section 29 Victim rights act
- Discuss with the victim whether the investigation/prosecution could or should continue if the complaint is withdrawn
- Explain and discuss decisions not to proceed
- Victim must be given the opportunity to comment on their needs regarding the selection of: ASA investigator, specialist interviewer, medical/forensic doctor, support person
Primary objective of the medical examination
the primary objective of
a medical forensic examination is the victim’s physical, sexual and mental health and
safety. Of secondary importance is the opportunity to collect trace evidence.
Timings of medical examinations
Acute (0 - under 7 days) - ASAP
Non Acute (7 - 6 months) - Refer to SAATS and discuss, evidence may still be located
Historic - over 6 months - Refer to SAATS to determine whether they may benefit from a medical exam
What to discuss with the victim about the medical exam
that it is conducted by a specially trained medical practitioner
potentional health benefits for the victim
expected duration of the examination
What to discuss with the medical examiner while calling them
advise the age and gender of the victim as this may impact on the
suitability of the practitioner
• when the sexual assault was believed to have occurred
• brief outline of the information known so far,
if drugs or alcohol are involved
injuries sustained by the victim
any other health concerns
• if relevant, discuss the victim’s wishes about gender of the examining
practitioner
• when necessary, discuss whether a child’s sexual assault complaint should
be investigated using the adult sexual assault procedures (or vice versa).
What should be discussed with the medical practitioner before sealing the MEK
any immediate needs of the victim
summarise the exhibits
identify any forensic items that need to be taken to ESR
identify any injuries that need to photographed
any disclosures that were made to the medical examiner
What to take with to the DSAC
Clothing
exhibit bags
MEK kit
TOX kit
Having a specialist support worker available to the ASA victim during the investigation and later in court when the matter proceeds to trial, is beneficial for what reasons
-greatly improves outcomes, including the victims ability to give clear evidence and to stay engaged in the investigation
- can have a major effect on how quickly and well the victim recovers
will assist with the prevention of re-victimisation
-prevention/minimising of both short and long term adverse psychological effects
Appropriate sexual assault support for ASA is provided by
a specially trained group or agency
where there are no such groups a trained sexual assault counselor
What are the procedures for conducting prelim interviews
- Ensure the victim is safe
- all necessary initial contact actions have been taken
- the interview environment is comfortable and private- evidentually neutral
- Arrange for a specialist support worker for the victim
- Ask TEDS questions
Before conduction the medical exam:
- Explain to the victim about the examination
- Contact the medical doctor
- Arrange a time for the examination’
- Ensure use of toxicology kit to capture forensic evidence
- Ensure the victim has had the opportunity to speak to support worker
- Arrange for a change of clothing to be taken if required
By providing the medical practitioner with all the information will allow:
- The best timing and approach for the exam
- ## How to best meet the victims wishes regarding the sex of the examiner
After conducting the exam the practitioner will:
seal and label all samples with the victims name, date and time they were taken and place them in the MEK kit
- bags seals and labels and items of clothing removed during the exam
