ASAT Policy & Procedures

Question 1

Definition of Adult

Answer 1

Definition of Adult

A person aged 17 years or older at the time of reporting a sexual assault.

Question 2

Definition of Sexual Assault

Answer 2

Sexual assault:

Sexual assault includes but is not limited to:

• sexual violation by rape or unlawful sexual connection
• _indecent assault _
• any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of indecency
• any sexual abuse or exploitation by way of _coercion, deceit, power of authority or mistaken belief _
• incest.

Question 3

Definition of Victim

Answer 3

Victim:

• The person whom a sexual assault has been committed against.
• Can also be referred to as the survivor.

Question 4

KPP 3 – Appropriate Crisis Support

Answer 4

KPP 3 – Appropriate Crisis Support

Appropriate sexual assault support for ASA victims is provided by

• Specially trained group or agency including Iwi and Maori groups providing specialist sexual assault support or counselling services
• Where there are no such groups available locally, trained sexual assault counsellor.

Note: the role of a specialist sexual assault support group or agency or trained sexual assault counsellor is to maximise the psychological and emotional well-being of the victim. To this end, they may also be an independent advocate for the victim.

Arranging initial sexual Assault support

1) Advise victim ASAP after receiving complaint of their right to a support person.

• let them know Police will arrange.
• They can have input as to who provides support and when.

2) Contact your local specialist sexual assault support regardless of victims initial response to the offering of support.

• Whatever the victim initial response to the ASA is it is very likely they will need specialist emotional support as the investigation progresses.
• encourage the victim to meet the support person alone. This allows the support person to inform the victim on what help they can give.

3) If the victim declines a support person and prefers to have family support them, inform the victim of the implications of their decision

• Support person is experienced and they can still have family present.
• Family members may also be traumatised and require support.
• Family members may become potential witnesses.
• Parents and intimate partners present can create issues of frank and open disclosures.

NOTE: If the victim remains unwilling to accept Support Person provide brochure with contact details.

Question 5

KKP 4 Purpose of preliminary interviews

Answer 5

KKP 4 Purpose of preliminary interviews

At this stage of the investigation process, a full investigation should be underway and information obtained during initial contacts passed on to an ASA investigator.

In most sexual assault investigations, a preliminary interview (the recognised interview/conversation with a victim) is necessary for investigators to gain a better understanding of what has occurred and to determine:

• What further investigative actions are necessary
• Whether an offence may have occurred, and
• Whether the victim wishes to make a formal complaint.

Procedures for conducting preliminary interviews

4 steps to preliminary interviews of ASA victims

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(1) Ensure:

• victim is safe
• all necessary initial contact actions have been undertaken
• the interview environment is comfortable and private, and evidence neutral.

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(2) As soon as sexual assault established:

• immediately arrange for a specialist sexual assault support worker for the victim to provide emotional care.
• If victim is very distressed, do not proceed without specialist support unless information is required urgently or a person’s safety is at risk.

(3)

Following investigative interviewing procedures for witnesses, ask the witness ‘TEDS’ to establish:​

• What has happened?
• When did this take place?
• Where did it take place?
• Who is the offender?

Avoid asking “why” or “how”. Take care not to contaminate the victim’s recall of the events. They will be interviewed in more detail later.

After the Preliminary Interview

(1) Reasses investigation – What further is required:

• Public safety – likelihood of similar offending.
• Need to secure fragile or diminishing evidence (tox kit etc)
• Secure & contain crime scene
• ID & locate witnesses
• ID & / or apprehend suspect.

2) Photo of victim necessary for evidential purposes ?

• Compare with CCTV
• For the Police File

3) If victims clothing needs to be sezied make sure a provide new set for them.
4) Regardless of whether further action to be taken or victim wants to make a complaint, ensure the victim aware of the support services available (medical examination/care and intervention through specialist sexual assault support services).

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Question 6

KPP 5 - Information to be provided to Victim

Answer 6

KPP 5 - Information to be provided to Victim

(1) Give information of the support services ASAP.
* Police should contact the support service ASAP.
(2) Provide info on Police Investigation process and realistic expectations of likely timing of stages for:

• Initial action
• Scene examination
• Medical examination
• Formal Interview
• Taking / holding of exhibits
• Subsequent Court Procedure

(3) Clarify victims expectations of reporting.

• Do they want to make a formal complaint; or
• Seeking info from Police to enable them to make a decision on how to proceed.

If the victim does not want to make a formal complaint but there is need to disclose info to the suspect. You must inform the complainant of this.

(4) Victim must get the opportunity to comment on needs in relation to

• ASA investigator
• Specialist adult witness interview
• Medical doctor
• Support person

Victims views should be strongly considered and attempts made to fulfil them.

(5) Provide progress update to the victim during investigation. Record all contact in NIA.
(6) Most ASA victims meet criteria for S29. Ensure victim is informed of :

• charges laid
• court dates
• bail application
• appeals

(7) Discuss with victim if a Prosecution should or would continue if complaint is withdrawn.
(8) Explain and discuss decisions not to proceed with investigation or prosecution and assist the victim to understand the reasons why.

Question 7

KKP 6 Medical forensic examinations

Answer 7

KKP 6 Medical forensic examinations

Primary objective of examination

The ASA victim’s well being and safety is paramount. 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.

Investigators should ensure the medical forensic examination is promoted to victims in this way.

Timing of medical forensic examinations

ASA investigators should always make decisions about examination timing and type in consultation with a medical forensic practitioner.

• **Acute or a suspected drug facilitated sexual assault (1-7 days) **
  
  • A medical forensic practitioner must be contacted as soon as possible. The timing of the forensic examination is particularly important in the first seven days after an assault.
  • Ideally an examination should be conducted within 24 hours and before the evidence is lost and formal interview is completed.
• Non-acute (7 days - 6 months)
  
  • ​Always refer the victim for SAATS medical care, even in cases when a forensic examination is unlikely to generate trace evidence because of the time passed since the assault.
  • Forensic evidence can still be captured in the early days of non-acute reported cases. For example, bruising or genital symptoms may still be evident at 10 or more days after a serious assault.

Before conducting medical forensic examinations

Step 1:

Explain to the victim:

• examination will be conducted by a medical forensic practitioner specially trained in examining sexual assault victims
• has potential health benefits and can assist Police obtain evidence to apprehend the offender
• The expected duration of the examination (2 hours”) and, if appropriate, possible outcomes of the examination.

Note:

• Address victims concerns about the gender of the practitioner conducting the examination.
• Advise that you will try to accommodate their wishes (Research indicates most ASA victims identify gender as an issue indicating a preference for examination by a female practitioner).

Step 2:

Contact the medical forensic practitioner on call and:

• advise victim’s age and gender - may impact on the suitability of the practitioner
• advise _time of sexual assault occurance _
• give a very brief outline of the information known so far, including:
  
  • drugs involved
  • victim’s injuries
  • level of intoxication
  • known health concerns
• victim’s wishes about gender of the examining practitioner
• When necessary, discuss whether a child’s sexual assault complaint should be investigated using the ASA procedures (or vice versa).

Providing this information will allow the practitioner to assess:

• the best timing and approach for the examination
• How to best meet the victim’s wishes regarding the gender of the examining practitioner

Step 3:

Arrange times for the medical forensic practitioner to be at the examination venue and provide access to the examination room when necessary.

**Step 4 : **

Ensure:

• victim has opportunity to speak to a specialist sexual assault support worker
• any support person chosen has not been in contact with any suspects.

Step 5:

• Use toxicology kits for early evidence capture in appropriate cases, pending the medical/forensic examination. There may be a delay of several hours during the working week, as most services rely on clinicians who have other daytime jobs.
• Remember: If the case is very recent (acute), remind the victim to refrain from the actions set out in step 6 of the Initial actions on contact.

Step 6:

Unless you are sure a change of clothing (including undergarments) will be available at the examination venue, arrange a change of clothing for the victim for after their examination.

Step 7:

• take a MEK & toxicology kit to the examination venue

Step 8:

Ensure the officer attending the examination has all relevant information so that the practitioner can be fully briefed (e.g. photocopies of any notes from preliminary interviews and other relevant notebook entries).

After the examination:

Step 1:

After conducting the examination, the practitioner:

• seals and labels all samples with the victim’s name, date and time taken and places in MEK
• Bags, seals and labels any items of clothing removed during the examination.

Step 2:

Before sealing MEK, the attending officer debriefs with the practitioner asking them to:

• advise on any immediate needs of the victim (remember that their safety and well-being is paramount)
• verbally summarise the exhibits and advise their possible significance in the investigation
• identify any forensic items required to be analysed by ESR as soon as possible to minimise loss of evidential benefits
• identify any injuries that to be photographed (i.e. non-intimate injuries)
• identify any significant disclosures made by the victim during the examination which:
  
  • may be useful in the Police investigation, or
  • in the case of under 17 years being dealt with under these procedures, require notification to CYF.
  • All information from the debrief should be captured on the investigation officer’s evidential statement and attached to the case file.

Step 3:

• The practitioner seals MEK in the officer’s presence
• hands sealed MEK, toxicology kit (where relevant) and clothing removed to Police the
• The practitioner keeps the original medical protocol form. (The duplicate is sent to ESR within the sealed MEK and Police retain the triplicate for the case file).

Step 4:

• Police secure the sealed kit in an appropriate refrigerator (not a freezer) until delivered to ESR. Once it is established that analysis is required, follow local procedures for the delivery of specimens to the ESR as soon as practicable.
• Note: If the kit contains specimens identified by the practitioner as requiring urgent examination to minimise loss of evidence (e.g. tampons or toxicology) the kit must be sent to ESR without delay.

Step 5:

• Police collect and preserve any clothing worn by the victim during the offence that has not already been bagged by the medical forensic practitioner.
• Appropriately package and label each item of clothing separately to avoid cross-contamination.