Investigation Guidelines (Adult Sexual Assault) Flashcards
12 Key Process Points
1) Initial Action (brief details of complaint)
2) Case referral (CIB and ASA investigator)
3) Providing specialist support (HELP)
4) Preliminary interview (CIB or ASA)
5) Information feedback (inform victim of investigation findings)
6) Medical examination (organise)
7) Formal interview (level 3)
8) Investigation and evidence assessment (investigation plan)
9) Resolution options (consider options, prosecution)
10) Prosecution
11) Final actions and record keeping (case conclusion, recording of stats)
12) Preventative opportunities and responsibilities (what can be learnt)
What are the alternative means of giving evidence
Sections 103, 104, 105 Evidence Act
DVD video interview
CCTV from another room
Screen
What actions to take when interacting with victims of sexual assault to provide a safe and secure environment in which they can regain some control of their lives
CALM TEA
CONDUCT your dealings in a Sensitive and concerned manner
ACCEPT they are telling the truth until/unless there is evidence to prove otherwise
LISTEN to what they tell you, giving them an opportunity to tell their account in their own words. Vent
MEDICAL attention, establish whether they require it
TREAT them Courteously
EXPLAIN the process you are following and why you need to follow it and ask certain questions
ADVISE them of the local Counselling services available
When to consider a Medical Exam
As soon as possible in appropriate cases
Important in Acute cases or suspected drug facilitated sexual assaults
What is the most important factor in Sexual assault matters
the victims well being and safety
What details should be obtained in the initial contact of a ASA incident
brief details to determine the nature of the incident and what immediate action must be taken
What to tell the victim to refrain from doing until medical exam has been completed
1) eating or drinking
2) going to the toilet (if necessary use toxicology kit to collect urine and ask victim not to wipe)
3) washing or showering
4) washing their hands or biting fingernails
5) changing clothing
6) smoking
7) brushing teeth or rinsing mouth
8) brushing or combing hair
If perpetrator is unknown to the victim wrap them in a sterile sheet until medical exam
What to tell the victim
explain the process and reasons actions are necessary
It’s important to ensuring victim cooperation, welfare and recovery.
ALWAYS CONSIDER issues relating to victims privacy
ASA investigations must be under the direct supervision of….
Level 4 qualified supervisor or level 3 qualified investigator relieving in that role
Prelim Interview to establish
1) brief outline of facts
2) victim safety
3) public safety
4) urgent investigation needs considering
- potential loss of evidence
- medical circumstances
- suspects likely actions
Primary objective of Medical Exam
well being and safety of the victim
victims physical, sexual and mental health and safety
Secondary importance, collection of forensic evidence
Timings of Medical Exams
SAATS (sexual abuse assessment and treatment service)
ACUTE OR SUSPECTED DRUG FACILITATED ASSAULTS
(within 7 days)
Medical practitioner should be contacted as soon as possible. Ideally conducted within 24hrs.
If 3-4 days ago should still be consider for victim welfare and safety
NON ACUTE (7 days - 6 months)
always refer the victim for medical care even though forensic trace evidence is unlikely.
Can be useful for showing bruising or genital symptoms
Medical practitioner can give evidence in court around counter intuitive evidence.
HISTORIC (6 months +)
refer victim to SAATS to determine whether they may benefit from a medical exam/care
What to tell the victim before about a medical exam
1) exam will be conducted by a trained medical forensic practitioner for sexual assaults
2) can have health benefits and help police obtain evidence
3) timing, how long it will take, possible outcomes
Ask the victim of gender preference
What to tell the medical practitioner
1) age and gender of the victim
2) when the assault occurred
3) brief outline of information known so far
4) drugs taken, injuries or other health concerns, level of intoxication
5) victims views about gender of practitioner
6) how the exam should be conducted ASA or CSA
Purpose of the Formal Interview
records the complainant and detail of the sexual assault and forms the victims statement.
Must be recorded in a timely manner. Prompt recording will result in a more accurate and complete account reducing the chance of memory degradation and contamination.
No expectation that all victims be level 3 interviewed. Case by case basis.
Vulnerability of the victim is a key consideration for using level 3 interviewer
If a level 3 interviewer is not available
In exceptional circumstances a level 4 ASA trained and accredited CIB supervisor can authorise a suitably qualified investigator to conduct the interview.
Must be level 2 interviewing accredited and have completed level 3 ASA training.
Considerations must be given to:
- victim and interviewer profile
- potential for alternative modes of evidence application
- known or unknown offender
- urgency for information from interview for investigation
- requirement for transcription
