ASAT Policy/ Procedure

Question 1

When interacting with Victims of sexual offences

Answer 1

Provide a safe and secure environment in which they may regain some control in their lives.

• Conduct your dealing in a sensitive manner.
• Accept they are telling the truth until/ unless there is evidence to prove the contrary.
• Listen to what they tell you, giving them an opportunity to tell their account in words, even just to vent their feelings
• Establish whether 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.

Question 2

Evidence Regulations 2007

Video Recorded interviews

Answer 2

Due to the sensitive nature of sexual complaints, the courts have allowed the use of video recording to minimise stress to the complainant and ensure that an account of events, recorded as close in time to the offence as practicable, is put before the court.

Question 3

Level 3 Interviewing

Answer 3

L3 Specialists should be used whenever possible when interviewing witnesses or complainants of major offences, eg:
homicides, 
sexual and serious assaults, 
aggravated robberies,
kidnapping, 
abductions etc.

Question 4

Advantages of Visually recorded evidence

Answer 4

• Greater quality and quantity of information obtained
• Minimising trauma to the witness by simplifying the process and having their interview played as their evidence in chief
• Reducing contamination by the interviewer though the process of transposing the interview into a statement.
• Providing a valuable means for the witness to refresh their memory before judicial proceedings.

Question 5

When a specialist is not available.

Answer 5

You should not record evidence by video unless you are trained in investigative interviewing and are a specialist interviewer.

In exceptional circumstances, if a specialist interviewer is not available, an NCO can authorise a suitably competent investigator to conduct and visually record the interview. Preferably level 2, or if not available Level 1.

Question 6

Under Key policies and procedures all complaints will be investigated:

Answer 6

• By specially trained ASA investigators and specialist adult witness interviewers unless there is a valid and documented reason why this is not possible.
• In a timely manner.

Question 7

What is a key consideration when dealing with involved parties of an ASAT investigation?

Answer 7

They must be treated with respect. Their well being and safety is paramount.

Question 8

Victims of ASAT…

Answer 8

must be offered specialist sexual assault support and be encouraged to have specialist support available to them throughout the investigation.

They are entitled to receive certain information. Victims must be given regular updates to the progress of the investigation, charges laid or the reasons for not laying charges and court proceedings.

In sexual assault investigations, the victim is the crucial witness. How the victim is dealt with will directly affect the quality of their statement and their testimony should it be required.

Question 9

Adult

Answer 9

A person aged 18 years or older at the time of the reporting of a sexual assault.

Question 10

Medical forensic practitioner

Answer 10

Practitioners who have received training, are accredited or working towards accreditation from the recognised training group Medical Sexual Assault Clinicians Aotearoa Inc MEDSAC)

Question 11

MEK

Answer 11

Medical Examination Kit

Question 12

SAATS

Answer 12

Sexual Abuse Assessment and Treatment Service. This service aims to:

• Provide expert medical treatment
• Manage any immediate physical and emotional trauma
• Address the immediate safety of victims
• Ensure that the forensic and medico- legal requirements are met.

SAATS clinicians are MEDSAC trained.

Question 13

Key Processes in ASA Investigation (12)

Answer 13

1: Initial actions on contact
Brief details of the complainant are obtained to determine initial actions. Conduct these where necessary.

2. Case Referral
   Incident is referred as soon as possible to the CIB and ASA investigator. The Investigator shall ensure that the complaint is entered into NIA as soon as Practicable and update case records as the investigation progresses.
3. Providing specialist support
   Where the victim consents, arrange for a specialist sexual assault response person to provide support.

4: Preliminary Interview
A CIB member or ASA investigator undertakes a preliminary interview of the victim

5: Information feedback
Wherever possible as soon as practicable, the victim is informed as to investigative findings and decisions.

6: Medical examination
Organise a medical exam ASAP in appropriate cases. This is especially important in acute reports or suspected drug facilitated Sexual Assault.

7: Formal Interview
Formally Interview the victim

8: Investigation and evidence assessment
Complete case investigation plat (CIP) and keep it updated. Re-assess investigation and commence or continue phases such as scene exam, witness and suspect enquiries.

9: Resolution options
Consider options for resolutions including prosecution.

10: Prosecution
Follow standard file prep and prosecution procedures. Ensure support for the victim and keep them informed about matters e.g bail.

11: Final actions and record keeping
Final actions on case conclusion and ensuring accurate and detailed records and stats of Sexual Assault offences are held by Police

12. Prevention opportunities and responsibilities
    Prevention opportunities and responsibilities consider what can be learnt from an investigation regarding prevention or educational opportunities or process enhancement.