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.
