Adult Sexual Assault Policy And Procedure

Question 1

Who does the adult sexual assault policy and procedure apply to?

Answer 1

With the victim of the alleged offending is 18 years of age or older at the time the complaint was made

Question 2

What are the actions when children are treated under adult procedures?

Answer 2

Investigators must ensure that

• Ministry for vulnerable children and notified of any care and protection issues
• Any actions necessary to protect the child or other children that may be at risk from the offenders are taken

Question 3

What are the outcomes of adult sexual assault investigation policy and procedure?

Answer 3

To 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

Question 4

What are the key responsibilities of the Police?

Answer 4

The criminal investigation and prosecution process.
Investigating reported complaints and when evidence is available prosecuting in accordance with the solicitor General’s prosecution guidelines
Using specialist adult witness interviews
Coordinating support for the victim providing advice and feedback to victims and families throughout investigations and prosecutions

Question 5

What are the responsibilities of specialist sexual assault support groups

Answer 5

Ensuring the victim receive support throughout the investigation process
Offering/providing the victim ongoing support through counseling and therapy
Providing information to the victim about the investigation process in the legal rights
Providing a link between police and victims as required
Repairing the victim on to another appropriate support group

Question 6

What is the role of the specially trained sexual assault medical forensic practitioners

Answer 6

Providing primary medical care as well as the forensic and specific can’t require and sexual assault examination
Retrieving in forensic medical evidence
Referring victim’s for follow-up medical care
Providing unbiased expired evidence to assist courts to interpret examination findings

Question 7

What is SAATS?

Answer 7

Sexual abuse assessment and treatment service

Provide expert medical treatment
Manage any immediate physical and emotional trauma address the immediate safety of victims
Ensure that forensic and Medico/legal requirements are met

Question 8

What are the different timings of complaints

Answer 8

Acute
Within seven days of the sexual assault

Non-acute
More than 7 days but less than 6 months

Historic
After 6months

Question 9

What detail should be gathered at the initial action stage

Answer 9

Victims details and whereabouts

Brief circumstances of the alleged offense

Scene location

Offender’s description, whereabouts

Question 10

Pending transfer to CIB and in consultation with them take any necessary initial actions to:

Answer 10

Ensure victim safety
Minimise contamination of exhibits
Consider other immediate needs
Secure witnesses
Locate or identify offender
Preserve crime scene

Question 11

In an acute case what should you ask the victim to refrain from doing before the medical exam?

Answer 11

Eating or drinking
Going to the toilet (if necessary use toxicology kit)
Washing or showering
Washing hands or biting nails
Changing clothes
Smoking
Brushing or combing hair
Brushing teeth or rinsing mouth

Question 12

What should be done forensically with the victim of the offender is known?

Answer 12

Wrap victim in a sterile sheet to prevent cross contamination

Question 13

Why is having a specialist sexual assault support worker available to the victim important?

Answer 13

Greatly improved outcomes including the victims ability to give clear evidence and to stay engaged with investigative and criminal justice processes
Can have a major affect on how quickly and well the victim are coming in on
Will assist in the prevention of revictimisation

Question 14

What is the purpose of the preliminary interview?

Answer 14

Obtain a brief outline of the facts
Victim safety
Public safety
Urgent investigation needs considering
-potential loss of evidence
-medical circumstances
-suspects likely actions

Question 15

What should you tell a victim before a medical exam?

Answer 15

• examination will be conducted by a medical forensic practitioner specialist, trained in examining people who have been sexually assaulted
• has potential health benefits and also help police obtain forensic evidence
• expected duration of the exam

Question 16

What should you advise the medical practitioner prior to exam?

Answer 16

• age and gender of victim
• advise when sexual assault believed to have occurred
• give brief outline of information known so far
• if relevant discuss victims wishes about gender of practitioner

Question 17

Before the MEK is sealed the attending officer should debrief the practitioner asking them to:

Answer 17

Advise on any immediate needs of the victim

Verbally summarise exhibits and their possible significance

Advise if any photographs taken as part of examination

Identify any injuries that should be photographed

Identify significant disclosures made during examination

Question 18

If a L3 interviewer is not available what can be done in exceptional circumstances?

Answer 18

A L4 ASA and accredited CIB supervisor can authorise a suitably qualified investigator to complete interview as long as L2 interviewing trained and L3 ASA accreditied

Question 19

Why must every ASA case have a Case Investigation Plan?

Answer 19

Ensures all possible investigation angles are covered

Records enquiries/considerations for investigation

Question 20

What is the process for exhibits?

Answer 20

Locate, record and photograph in situ

Secure, label and packaging of exhibits

Analysis, assessment and court presentation

Appropriate return, disposal or destruction

Question 21

What should be done before returning exhibits to victims?

Answer 21

Consider impact it may have on them, discuss any damage to clothing and consider having it cleaned prior to return.

Question 22

What details should you get from a recent complaint witness?

Answer 22

Circumstances in which conversation with victim occurred

What victim said

Any questions witness asked victim that may have elicited complaint

Victims demeanor and appearance during conversation

Their relationship with victim

Question 23

What are things to consider when making initial approach to suspect?

Answer 23

Time of day

Location and situation (are they at work or at home with family)

Investigators style, manner, approach

Possible perceptions of suspect and what they might interpret is occurring

Intelligence holdings on previous interactions with police

Question 24

When organising a medical exam of the suspect, what should you ask the doctor?

Answer 24

Take buccal, blood, head hair, pubic hair, finger nail scraping

Note injuries

Give opinion on mental state of suspect so that Police can get psychiatric opinion

Record any comments or explanations made by the suspect.

Question 25

Who’s approval must be obtained before informing a complaint that you believe their story is fabricated?

Answer 25

D/S/S who is L4 ASA accredited

Question 26

What should be done if the victim does not wish to make a formal complaint?

Answer 26

Record details for intel purposes

Police should fully investigate initial complaint

Consider potential to prevent further victims

Talk to offender for purposes of risk assessment, consider DNA

Unless credible evidence of a fabricated complaint matter should be K6’d

Question 27

What factors should be considered when investigating historic complaints?

Answer 27

Likelihood of further offending

Victims ability to recall events

Whether corroboration is available

Availability of other evidence/witnesses

Legal precedents

Offenders current situation

Question 28

What should be done when victim recants statement?

Answer 28

Consider victims views, especially if not supportive of prosecution

Offer all available assistance when that decision is considered.

Advise that Police may continue investigation or prosecution depending on the circumstances ie seriousness of offence.

Obtain written statement from victim detailing reasons why they do not wish to proceed. Potential consequences must be explained to the victim.