CIB 007 - Sex Offences Flashcards
How must Police respond to offences involving Sexual Offences?
The police must investigate as quickly……
as possible to meet the victims physical and emotional needs.
What are the key principles that underpin the Police investigation of Sexual related complaints?
- the victims well-being and safety is paramount
- where appropriate ASA or child investigators along with specialist forensic interviewers should be used.
- Victims must be offered specialist support and crisis support throughout the investigation until case resolution.
- Sexual assault is a serious crime and offenders should be held accountable.
- good communication with the victim and partner agencies during the investigation can ensure victims cooperation and improve outcomes.
- Police will protect the privacy of victims as far as possible during sexual related investigations.
Adult sexual assault investigation (ASAI) policy and procedure guidelines covers what ages?
Victim is 18 years or older at the time of making the complaint.
Child protection investigation policy and procedure guidelines covers what ages?
Victim is under 18 years old at the time of making the complaint.
What is the exception to the ASAI and child protection policy and procedures?
There may be situations where the victim should be dealt with according to a mixture of Adult and Child guidelines.
- Oranga Tamariki are notified of care and protection issues.
- Any action necessary to protect the child or other children may be at risk.
Under the Victims Rights Act 2002, victims are entitled to receive what information?
- must be given regular updates on the investigation.
- must be advised of charges laid or the reasons for charges not being laid.
- must be updated with court proceedings.
In a partnership approach to ASA investigations, what are Police are responsible for?
- The criminal investigation and prosecution process.
- Investigating reported complaints and when evidence is available prosecuting in accordance with Solicitor General Guidelines.
- Using specialist ASA investigators and specialist adult witness interviewers unless there is a valid reason why it is not possible.
- Coordinating support for the victims and working collaboratively with partner agencies.
- Providing advice and feedback to victims and their families throughout the investigation and prosecution to help them understand and engage in the investigation to make informed decisions.
What are Specialist sexual assault support groups are responsible for?
Ensuring victims receive the appropriate support throughout the investigation including the medical exam, investigative interviews and at court if it goes to trial.
What are specialist sexual assault medical forensic practitioners such as MEDSAC responsible for?
(Medical Sexual Assault Clinicians Aotearoa)
- providing primary medical care as well as forensic care in sexual assault examinations.
- retrieving forensic medical evidence.
- referring victims for follow up medical care as appropriate.
- providing examination reports to Police and criminal prosecutions when necessary.
What are the time frames for sexual assault complaints?
Acute: within 7 days of sexual assault.
Non-Acute: after 7 days but within 6 months of sexual assault.
Historic: after 6 months of the sexual assault.
What are the 12 key process points in ASA investigations?
- Initial actions on contact
- Case Referral
- Providing specialist support
- Preliminary Interview
- Information feedback
- Medical Examination
- Formal Interview
- Investigation and evidence assessment
- Resolution options
- Prosecution
- Final actions and record keeping
- Prevention opportunities and responsibilities
What is the main points of KP1 - Initial actions on contact?
What should the victim refrain from doing?
In acute cases it is important that any trace evidence is preserved. where possible the victim should refrain from the following until after the medical examination:
- Eating/Drinking
- Going to the toilet ( if necessary use toxicology kit to capture urine sample and ask victim not to wipe)
- Washing/Showering
- changing clothing
- smoking
- brushing/combing hair
- brushing/rinsing teeth
if perpetrator is unknown the victim should be wrapped in a sterile sheet until medical exam.
What is the main points of KP3 - Providing specialist support?
what are the benefits of specialist support?
- Specialist support improves outcomes including victims ability to give clear evidence.
- can have major effect on how quickly victim recovers.
- will assist in the prevention/re-victimisation of both short term and long term psychological responses.
What is the main points of KP4 - Preliminary Interview?
to gain a better understanding of what has occurred and to establish:
- brief outline of facts
- victim safety
- public safety
- urgent investigation needs, potential loss of evidence, medical circumstances.
What is the main points of KP5 - Information Feedback?
Police have an obligation to what? s29 VRA 2002
Police have an obligation under Victim Rights Act 2002 to provide information to all victims about the services available to them, the investigation of the offence and related proceedings.
Most ASA victims meet the criteria in 29 VRA 2002.
What is the main points of KP6 - Medical Forensic Examinations?
What is the primary/Secondary objective?
The primary objective of a forensic examination is the victims physical,sexual and mental health and safety. of secondary importance is the opportunity to collect trace evidence to support a police investigation.
Before conducting medical forensic examinations, Police should:
- Explain to the victim:
- Contact the on call medical practitioner and:
- Explain to the victim:
- examination will be conducted by a medical practitioner specially trained in sexual assault victims.
- examination has potential health benefits and can help Police obtain evidence to prosecute offender.
- expected duration and outcome of the examination.
- ask if they have any preference in gender of the practitioner conducting examination. - Contact the on call medical practitioner and:
- advise age and gender of the victim.
- advise when the sexual assault is believed to have occurred.
- give brief outline of information known so far.
- if relevant discuss preference gender of practitioner.
- when necessary discuss whether child’s sexual assault complaint should be investigated using the adult sexual assault procedures.
The Evidence Act 2006 s103-105 provides victims/witnesses the opportunity to what?
For evidence to be admitted by alternative means e.g electronic interview.
Must explain to the victim that the prosecution must apply to the court to use alternative means.
How should Police investigate Historical sexual assault cases?
approach the investigation of complaint in the same way as any other complaint.
FYI be mindful that time delay can have an impact on memory recall.
where the complaint is one of historic child abuse, investigators should assess the risk the offender currently present to other children.
What are the Police commitments to victims in the Child Protection Investigation policy and procedures?
Police will assess the reports of child safety concerns and:
- take immediate steps to ensure child’s safety and well being. this is the first and paramount consideration.
- intervene to ensure child’s rights and interests are safeguarded.
- investigate all reports of child abuse using a multi-agency approach.
- take effective actions against offenders so they can be held accountable.
- strive to better understand the needs of the victim.
- keep victims and family informed as required by VRA 2002.
