INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE SEXUAL ASSAULT RESPONSE POLICY AND TRAINING CONTENT GUIDELINES EXECUTIVE SUMMARY The complexities of sexual assault warrant the full attention of law enforcement and the criminal justice system. Law enforcement have the ability to support victims, hold offenders accountable, and prevent future acts of violence. Creating, implementing, and training on a comprehensive department policy that addresses sexual assault ensures that an agency is prepared to effectively respond to and successfully prepare these complex cases, and reinforces the safety of the community it serves. This resource provides law enforcement with issues, procedures, and recommendations to consider when developing a policy related to sexual assault as well as accompanying training content. A sexual assault policy provides agency members with direction and support, helps ensure the safety of victims, agency members, and community members, and aims to hold perpetrators accountable. Over the past few years, knowledge and understanding about the crime of rape has expanded. In 2011, FBI Director Robert S. Mueller approved an updated definition of rape. The new definition, “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim” better reflects the realities of sexual assault and will provide a better understanding of sexual violence in the United States. There are still many misperceptions about victims and perpetrators of sexual assault and victims are often unwilling to report sexual assault for fear of not being believed or because they think they will be blamed for the crime. In small communities and rural areas, reporting may be even more difficult as victims in these communities often find themselves located at great distances from law enforcement agencies, social services, and medical care facilities. Because victims in a smaller community may know law enforcement officers, they may decide that it is too difficult to report the crime or call for support. 1 Law enforcement professionals must work to help prosecutors, jurors, and all community members understand the behavior of sexual assault victims and perpetrators and how these differ from the myths and stereotypes. If an attack involved no overt physical force, police can help explain a victim’s submission out of fear by conducting a comprehensive interview in which the victim describes in detail what he/she was thinking and feeling during the assault. If the victim was incapacitated as a result of voluntary alcohol or drug use, law enforcement officers can help show why this is an issue of increased vulnerability rather than culpability. Included in these policy and training guidelines are many areas for improvement that aim to strengthen the investigation and prosecution of sexual assault crimes. Most of the suggested enhancements are the result of thorough police investigations, comprehensive interview techniques, a focus on the offender’s actions, and diligent work to establish rapport and trust with victims. Law enforcement agencies and investigators need to ensure that sexual assaults involving acquaintances and intimate partners are pursued as vigorously as those perpetrated by strangers. Responding officers Susan H. Lewis, Unspoken Crimes: Sexual Assault in Rural America (National Sexual Violence Resource Center, A Project of the Pennsylvania Coalition Against Rape, 2003), http://www.nsvrc.org/publications/nsvrc-publications/unspoken-crimes-sexualassault-rural-america (accessed August 14, 2015). 1 International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 1 and investigators must take a professional, victim-centered approach to sex crimes and to investigating these crimes in a manner that restores the victim’s dignity and sense of control, while decreasing the victim’s anxiety and increasing the understanding of the criminal justice system and process. Virtually all sexual assault victims want validation from the authorities that the crime occurred, and this may be a more critical element of a successful response and investigation than a criminal prosecution or conviction. Regardless of the investigative results, responding officers and investigators have the power to help a person heal from sexual assault. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 2 DOCUMENT OVERVIEW This document provides essential background material and supporting details to provide a greater understanding of the developmental philosophy and implementation of the sexual assault policy and accompanying training. It also addresses investigative procedures and promising practices for working with victims of sexual violence. The information is designed to assist law enforcement leaders in tailoring a department policy to the requirements and circumstances of their own communities and agencies. The primary objectives of a sexual assault policy are to: • Identify procedure and practice guidelines for a trauma-informed, victim-centered, multidisciplinary response to adult (18 years of age) sexual assault cases and thorough investigation of the crime • Articulate the significant role and responsibilities of all department members throughout the sexual assault response and investigation • Illustrate strategies that postpone judgment regarding the validity of a case until a thorough investigation is completed • Highlight methods to minimize further physical and psychological trauma to victims of sexual violence by creating a respectful, objective response • Articulate the opportunity for forensic examination and comprehensive medical care to the sexual assault victim • Encourage a coordinated community response and ensure all victims are offered free and confidential support, social service referrals, and information from a trained sexual assault victim advocate • Identify strategies to hold suspects accountable by keeping the investigation focused on their behavior and actions Additionally, a comprehensive sexual assault policy aims to enhance public confidence in the reporting and investigative processes, thereby encouraging all sexual assault victims to report the crime. Because of the special considerations involved in sexual assault investigations, this document is all-inclusive and encourages a multidisciplinary, coordinated community response, including advocacy support during the first response, investigation, and prosecution stages. This document, used in conjunction with a Sexual Assault Supplemental Report Form (Appendix A), is designed to help ensure a fair, unbiased, and comprehensive investigation. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 3 ELEMENTS OF A SEXUAL ASSAULT POLICY A comprehensive sexual assault policy should address the following key elements: 1. Dispatch/Call Taker Response a. Victim response to trauma b. Initial facts and immediate safety of victim c. Vital information to gather for responding officer/detectives d. Victim support details 2. Responding Officer Duties a. Emergency/initial response b. Assisting the victim and victim interactions c. Evidence collection and crime scene processing d. Documentation 3. Supervisor Duties a. Assisting officers b. Report review c. Officer mentoring and accountability 4. Evidence Collection a. Chain of custody b. Drugs and alcohol c. DNA d. Technology e. Evidence considerations of non-stranger and stranger assault 5. Victim Interviews a. Preliminary/initial interview i. Victim advocates 1. Role of the advocate ii. Initiating the interview iii. Impact of trauma iv. Interview questions and techniques v. Investigative strategy vi. Addressing possible defense strategies 1. Denial 2. Mistaken identity 3. Consent vii. Safety planning with the victim 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. viii. Resources for the victim b. Follow-up interview i. Interview questions and techniques Suspect Interviews a. Background/criminal history check b. Timeline development c. Interview considerations d. Pretext phone calls Victim Rights a. Confidentiality and privacy b. Participation in the investigation Sexual Assault Medical Forensic Examinations a. Role of the investigating officer b. Role of the forensic examiner c. Coordination with forensic examiner d. Considerations for drug-facilitated sexual assault Suspect Forensic Exams a. Protocol for examination b. Role of the forensic examiner c. Evidence collection Report Writing a. Documentation b. Impact of trauma c. Language d. Case coding/decisions Sexual Assault Response and Resource Teams (SARRTs) Victim Advocates Working with the Prosecutor a. Arrest and prosecution decisions b. Evidence-based prosecution Alternative reporting methods Consideration for specific populations/communities International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 4 SEXUAL ASSAULT Estimates of the prevalence of sexual assault in the United States vary due to differences in data collection, definitions, and calculations. According to the National Crime Victimization Survey (NCVS), there was an average of 300,170 victims (age 12 or older) of rape and sexual assault in 2013. 2 For the purposes of this document, the term “sexual assault” will be used to refer to felony crimes of sexual violence. Although specific statutory definitions of sex crimes vary by state, most are conceptually similar and can be understood by analyzing their elements. This conceptual analysis must thus be supplemented with specific information from local definitions and statutes in the development of a policy for law enforcement agency. The article Making Sense of Rape in America: Where Do the Numbers Come From and What Do They Mean? (2004) explains that accurate estimates of rape are difficult to obtain because many rape victims are reluctant to disclose the experience. 3 Additional factors that hinder an accurate estimation include: different ways of defining and measuring rape; different population groups measured; different time frames; and a variation in units of analysis in reporting statistics (i.e., within a given time frame, the number of people raped vs. the total incidents of rape). Victims often are reluctant to report or disclose information about the assault that occurred. They may fear that their sexual assault report will not be believed or taken seriously for many reasons, including but not limited to: they knew their assailant; they are related to or closely acquainted with the assailant; they are intimidated by the assailant’s position, power, or social status; they engaged in drug or alcohol use; they put themselves at risk by actions such as entering a stranger’s automobile or apartment; they have an arrest record or an outstanding warrant; or they were engaged in illegal activity (e.g., using drugs, underage drinking, sex work, etc.) at the time of the offense. These same factors that deter victims from reporting have been demonstrated to influence the complaint-filing and charging decisions of police and prosecutors. 4 Sexual assault is motivated by power and control and is a crime of violence against a person’s body and will. Sexual assault perpetrators target, test, and groom victims and use psychological and physical tactics to victimize individuals. All individuals, regardless of race, age, gender, ability, or social-economics, can be victims of sexual assault. Research and experience inform us that sexual assault is one of the most underreported violent crimes in society. When reported, law enforcement should respond with a comprehensive criminal investigation that is victim-centered, suspect-focused, and seeks to collect and corroborate as much evidence as possible. Contrary to the stereotype of “real rape” as an assault by a stranger committed with a weapon and physical force, research and law enforcement experience demonstrate that the following represent some of the realistic dynamics of sexual assault crimes: Jennifer L. Truman and Lynn Langton, Criminal Victimization, 2013, NCJ 247648 (U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, September 2014) http://www.bjs.gov/content/pub/pdf/cv13.pdf (accessed on August 14, 2015). 3 Dean G. Kilpatrick and Kenneth J. Ruggiero, Making Sense of Rape in America: Where Do the Numbers Come From and What Do They Mean? (National Crime Victims Research and Treatment Center, Medical University of South Carolina, September 2004), 1, http://www.vawnet.org/assoc_files_vawnet/makingsenseofrape.pdf (accessed August 14, 2015). 4 Wayne A. Kerstetter, “Gateway to Justice: Police and Prosecutor Response to Sexual Assaults against Women,” The Journal of Criminal Law and Criminology 81, no. 2, (1990): 267-313; Jeffrey S. Spears and Cassia C. Spohn, “The Effects of Evidence Factors and Victim Characteristics on Prosecutors’ Charging Decisions in Sexual Assault Cases,” Justice Quarterly 14, no. 3 (1997): 501-524. 2 International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 5 • • • • • • • • • • • • • • Most sexual assault victims are acquainted with the suspect(s) in some way, yet they rarely expected intimacy with the suspect(s) Most victims do not report sexual assault to law enforcement authorities; men are even less likely to report sexual assault to the police than are women Victims rarely report to the police first; usually they go first to a close friend or relative, a health care provider, or a victim advocate Many women are victims of repeated rape and sexual assault Victims often delay reporting a sexual assault for days, weeks, months, or even years, and many never disclose it to anyone, including their closest friends The police are more likely to be notified of sexual assaults that are committed by strangers than by someone the victim knows Stalking, monitoring, and surveillance are often precursors to sexual assault Sexual assault perpetrators rarely use weapons and rarely use physical force, relying instead on verbal threats, intimidation, and exploitation of a victim’s vulnerabilities Victims’ emotional reactions may include confusion, shame, and embarrassment Victims may lie about specifics of the sexual assault because they fear that their actions may have contributed to the sexual assault or that they will be blamed The trauma of victimization can increase chances for substance abuse, sleeping and/or eating disorders, mental health issues, inappropriate sexual behavior, suicide, and/or running away Few victims are physically injured to the point that emergency medical attention is needed Alcohol and/or drugs are involved in a high percentage of sexual assaults Individuals who have been previously victimized may be unable to defend themselves due to the past trauma the assault triggers and the fear they experience during the current assault Officers and investigators play a significant role in both the victim’s willingness to participate in the investigation and his or her ability to cope with the emotional and psychological aftereffects of the crime. As such, it is especially important to approach these cases from a nonjudgmental perspective so as not to suggest to the victim that he or she is in any way to blame or responsible for the crime. Like all reported crimes, every sexual assault investigation should be initiated with the belief that the allegation is true; a thorough investigation is required to determine the facts. False Allegations Although many individuals, including some officers and investigators, believe that false The determination that a report of sexual assault is complaints are frequent, research shows that false can be made only if the evidence establishes that no crime was committed or attempted. This only a small percentage of sexual assault determination can be made only after a thorough complaints are false. No officer or investigator investigation. should ever assume that a complaint is false. The determination that a reported sexual assault is false can be made only if the evidence establishes that no crime was committed or attempted, and this determination can be made only after a thorough investigation has been completed. A report should not be labeled as “false” as a result of the initial victim interview or perceived victim reaction. It is important not to confuse false allegations with unsubstantiated allegations; a report can only be deemed false when supported by evidence that the crime was not committed International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 6 or attempted, whereas allegations can be deemed unsubstantiated when an investigation fails to prove that a sexual assault occurred. Further, officers should not conclude that a victim who recants or is reluctant to prosecute has falsely complained. There are many reasons why a victim may not wish to pursue a complaint; the victim may be overwhelmed by the traumatic event, feel disbelieved by the criminal justice system or fear having the details of the assault in the public sphere. In cases where the suspect is known to the victim, there may also be intimidation or fear of retaliation. Serial Perpetration According to Dr. David Lisak, forensic consultant, trainer, and lecturer on sexual assault, one of the most important characteristics of non-stranger rapists and the one that has enormous implications for sexual assault response and investigation, is that the majority of rapists are serial offenders. This information highlights the need to thoroughly and aggressively investigate all reported cases of sexual assault based on the fact that there is a likelihood that the perpetrator is a serial offender who has committed prior rapes and who will rape again in the future. 5 Sexual Assault in the Military, Before the U.S. Commission on Civil Rights, 113th Cong. (January 2013) (statement of David Lisak, University of Massachusetts, Boston, Department of Psychology), http://www.eusccr.com/Transcript%20of%20briefing%20on%20Military%20Sexual%20Assault-FINAL.pdf; U.S. Commission on Civil Rights, Sexual Assault in the Military (September 2013), http://www.usccr.gov/pubs/09242013_Statutory_Enforcement_Report_Sexual_Assault_in_the_Military.pdf (both accessed on August 14, 2015). 5 International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 7 DEFINITIONS Consent: Words or overt actions by a person who is legally and functionally competent to give informed approval, indicating a freely given agreement to engage in sexual acts. Examiner: The health care provider conducting the sexual assault medical forensic examination. Many communities refer to their sexual assault examiners by more specific acronyms based upon the discipline of practitioners and/or specialized education and clinical experiences, including Sexual Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE), and Forensic Nurse Examiner (FNE). 6 Rape: The FBI Uniform Crime Reporting (UCR) Program definition of rape is “[p]enetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” SART/SARRT: Sexual Assault Response Team (SART), also known as Sexual Assault Response and Resource Team (SARRT). A SART/SARRT varies by community but is typically a multidisciplinary team that provides immediate, specialized response to victims of recent sexual assault. The team typically includes health care personnel, law enforcement representatives, victim advocates, social service agencies, and prosecutors. Many SARRTs meet monthly and frequently engage in systems reviews to ensure that the best victim-centered services are being provided in their communities. Sexual Assault: For the purposes of this document, the term includes all felony crimes of sexual violence. Specific statutory definitions of sex crimes vary by state. In most states, crimes of felony sexual assault include attempted or completed sexual contact or penetration as described below: • Penile-vaginal penetration • Contact between the genitals and mouth • Contact between an anus and a penis • Penetration of the vagina or anus with a foreign object Sexual assault generally constitutes a felony when one of the following conditions exist: • Lack of consent of the victim • Force was used or threatened, even if there is lack of physical injury to the victim • The victim did not have the capacity to legally give consent to sexual behaviors due to illness, disability, or physical or mental condition • The victim was intoxicated or unconscious as a result of drugs or alcohol and was therefore unable to give informed consent at the time of the sexual act • The victim was under the age of legal consent at the time of the sexual act Sexual Assault Medical Forensic Exam: An examination of a sexual assault patient by a health care provider, ideally one who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients. The examination includes: • Gathering information from the patient for the medical forensic history • A head to toe examination U.S. Department of Justice, Office on Violence Against Women, National Protocol for Sexual Assault Medical Forensic Examinations, 2d ed., NCJ 228119 (April 2013), https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf (accessed August 14, 2015). 6 International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 8 • • • • • • Coordinating treatment of injuries Written documentation of biological and physical findings Collection of forensic and physical evidence from the patient and documentation of findings Information, treatment, and referrals for sexually transmitted infections (STIs), pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns (as applicable) Discharge instructions Follow-up, as needed, to provide additional treatment, or collect additional evidence. Victim Advocate: This term applies to a wide range of service providers, rape crisis counselors, social workers, victim witness providers within a prosecutor's office, and law enforcement officers, including departmental victim assistants. Advocates are trained to assess and address the needs of the victim as well as provide counseling, advocacy, resources and information, and support. Depending on the primary functions of the advocate, the level of confidentiality and privilege they have will vary and should, therefore, always be understood by each member of the sexual assault response team and communicated to the victim. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 9 TRAINING AND PERSONNEL SELECTION Training is necessary for all personnel who have contact with sexual assault victims, including dispatch/communications and initial responders, as well as those who investigate these crimes. All officers should receive ongoing training that specifically addresses the realities, dynamics and investigations of these crimes, and legal developments pertaining to sexual assault. Responders at every level need to recognize that they are accountable to the victim. Officers should receive training in several core areas, including sexual assault crimes, victims, suspects, investigations, and resources available to victims. These specific issues should be covered: Sexual Assault Crimes • Complexities of sexual violence, specifically victim and perpetrator realities and occurrences • Drug and alcohol facilitated sexual assault, including information on passing out and blacking out • Technology used to facilitate sexual assault crimes including social media • Additional crimes that occur in the context of sexual assault such as, but not limited to, strangulation, stalking, domestic violence, kidnapping, and threats • Stranger vs. non-stranger sexual assault Sexual Assault Victims • Impact and effect of traumatic events on victims • Victim empowerment and victim-centered response including the importance of advocacy support • Commonly exhibited victim behaviors, balanced with an understanding that everyone reacts differently • Cultural considerations and special needs populations • Effective interviewing and questioning Training for Communication/Dispatch • Communicating with victims and language barriers • Information to gather from victims • Critical information to relay to responding officers • Steps to convey to victims regarding evidence preservation (if applicable) • Impact of the traumatic event on the victim and victim reaction • Role in prosecution Investigations • Department Sexual Assault Investigations Policy and Procedures • Objective investigation and interview strategies that focus on the perpetrator’s actions, including preand post-assault behaviors • Preliminary investigations including guidelines for first responders • Proper evidence collection and documentation, including DNA and the sensory details as explained by the victim • Technology used pre, during, and post assault, including the use of social media • Effective strategies for interviewing witnesses • Thorough documentation and report writing, and effective and accurate language, • Medical evidence and experts International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 10 • Additional requirements that may apply to sexual assaults that occur in confinement or institutional settings Sexual Assault Suspects • Realities of sexual assault perpetrators • Victim targeting, testing, and grooming by perpetrators 7 • The high incidence of serial perpetrators • Interviewing and interrogation Grooming: Behaviors designed to build trust with victims and break down defenses in order to increase opportunities for sexual assault, minimize victim resistance, reduce disclosure, and decrease detection. These behaviors may include: gaining access to individuals, threats, isolation, testing boundaries, secrecy about the relationship, and controlling the relationship. Resources Available • IACP Sexual Assault Supplemental Report Form (Appendix A) • IACP Training Key: Pretext Phone Calls in Sexual Assault Investigations (Appendix B) • IACP Sexual Assault Investigative Guidelines (Appendix C) • IACP Addressing Sexual Offenses and Misconduct by Law Enforcement: Executive Guide (Appendix D) • IACP Sexual Assault Roll Call Training Video: Bringing Sexual Assault Offenders to Justice • Local community support and resources available in your area When an agency has a dedicated sexual assault unit, careful consideration should be taken when selecting personnel to staff it. Officers selected for this specialized detail should possess the following attributes and experience: • Strong interpersonal communication skills • Strong analytical and assessment abilities • Strong written communication skills • Knowledge of and comfort with speaking about sexual violence • Experience interviewing victims of interpersonal violence • Experience investigating crimes against persons • Comprehensive understanding of evidence (physical and psychological) in sexual assault cases 7 The National Center for Victims of Crime, “Grooming Dynamic,” http://www.victimsofcrime.org/media/reportingon-child-sexual-abuse/grooming-dynamic-of-csa (accessed August 14, 2015). International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 11 DISPATCHER OR CALL-TAKER RESPONSE Dispatchers and call-takers may be the first person with whom the victim will speak following a sexual assault. As such, it is vitally important that these individuals are prepared to competently address evidentiary considerations while thoughtfully responding to a victim who may be in crisis. To assure appropriate handling of sexual assault calls, as well as officer safety, dispatchers and call-takers should receive specialized training in the dynamics of sexual assault (see Training and Personnel Selection section for suggested topics). Policy content considerations for dispatchers or call-takers: • The immediate safety of the victim should always be the top priority. • The appropriate priority rating should be applied to the call. Sexual assault reports should be handled as a priority even though it is common for a victim to delay reporting by hours or even days, and injuries at that point may not be life threatening. • Communications personnel need to elicit the initial facts of the situation and determine whether the victim or others are in life-threatening danger or in need of emergency medical attention. The call taker should dispatch emergency medical assistance as necessary. • Due to the trauma of a sexual assault, a victim reaching out for assistance may be in crisis; behaviors can range from hysteria, crying, and rage to laughter, calmness, and unresponsiveness. There isn’t one typical reaction; it is important to refrain from judging or discounting any victim. All victims must be treated with respect and sensitivity. • When a caller reports a sexual assault that just occurred, communications personnel shall follow standard 911 protocol for emergency response. • Additionally, information about the There isn’t one, typical reaction demonstrated by victims suspect’s relationship to the victim, of sexual assault; it is important to refrain from judging weapon use, injuries, suspects access to or discounting any victim, and all must be treated with weapons, and history of violence shall respect and sensitivity. be obtained. • In order to minimize victim frustration, it is important for the call taker to explain that the questions being asked will not delay the dispatch of an officer to the caller’s location. • Communications personnel shall explain to the caller that questions will not delay an officer’s response to the caller’s location, and do the following to ensure critical information is not lost: o Ask whether the victim has bathed, douched, urinated, brushed teeth, or made other physical changes; call taker should advise against doing so but be mindful that sexual assault victims often feel ashamed or guilt because of something they did or did not do relating to the sexual assault. o Ask the victim to use a clean jar to collect it should they have to urinate; direct the victim to put the jar in a freezer, if possible. o Ask the victim to collect any clothing that was worn during the assault and, if possible, place in a paper bag. Instruct victim not to wash the clothing. o Let the victim know that other evidence may still be identified and recovered so the crime should still be reported if the victim has bathed or made other physical changes; support the victim and let them know they have done nothing wrong by taking care of themselves. • Relay all vital information to responding officers and supervisors, including possible language or communication barriers, weapons in possession of the suspect, past or current orders of protection, and any additional information that will enhance the safety of victims and officers as outlined in their 911 agency policy. • Victims of a drug-facilitated sexual assault may report blackouts, gaps in memory, and general uncertainty as to whether or not an assault occurred. Continued, patient questioning by the call taker is encouraged and can help elicit important details International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 12 • • • • If the call is about a crime in progress or a crime that just occurred, the call taker should obtain information from the caller to assist in identifying and apprehending the suspect. Sexual assault crimes may involve more than one jurisdiction; call takers should follow agency policy concerning multi-jurisdictional case coordination. The 911 tape and any excited utterances made by the caller, as well as a computer printout if possible, should be preserved according to department procedures for the investigation. Remain on the phone with the victim until officers arrive on the scene, even in the case of delayed report. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 13 DELAYED REPORTING Delayed victim reporting is common in sexual assault cases due to many factors, including the trauma experienced, fear, shock, denial, self-blame, and/or uncertainty regarding whether the event constitutes a sexual assault. While the reasons for a delayed report need to be documented, a delay in reporting should be considered normal and not seen as evidence that the victim is lying about the assault. Frequently, threats, coercion, and other actions of the suspect deter the victim from notifying the police immediately. Victims may also minimize the incident that occurred. In an effort to better understand the reason for the delayed report, officers should ask questions about the reasons for the delayed report, but take care to avoid inquires that could be perceived as judgmental or accusatory. The reasoning behind the delayed report has the potential to lead to additional charges for the suspect. Regardless of when the report is made, officers shall conduct a thorough investigation. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 14 INITIAL OFFICER RESPONSE Law enforcement officers may be the first point of contact for the victim after a sexual assault has occurred. Contact with the first responders is critical to the victim’s recovery as well as the victim’s decision as to whether or not to move forward in the criminal justice system. Emergency Response As part of the emergency response, officers shall: • Make contact with the victim as soon as possible to address safety concerns and summon emergency medical assistance if needed. • Determine if a crime is being reported and document the basic information needed to begin the investigation. • Evaluate the scene for people, vehicles, or objects involved, as well as possible threats. • Locate, secure, and protect the crime scene to ensure that evidence is not lost, altered, or contaminated. If consent from the victim or suspect is not given, a search warrant based on probable cause should be executed prior to collecting evidence. • Determine the resources needed and request assistance from detectives, field evidence technicians, and/or crime laboratory personnel, if available, and the prosecuting attorney when appropriate. • If the suspect is not on the scene, begin a search for him or her and make contact when appropriate. • If the suspect is on the scene, temporarily detain or arrest him or her, as appropriate, based on reasonable suspicion and/or probable cause. • If the suspect is detained, record any and all pre- and post-Miranda statements and admissions from the suspect as well as under what circumstances they were made (i.e., if made spontaneously or in response to specific questions posed by law enforcement or other personnel on the scene). • Consideration should be given to the fact that the suspect is a crime scene and may contain forensic evidence that is be critical to the investigation. A search warrant based on probable cause should be Absent exigent circumstances, family members and considered and a sexual assault nurse interested parties should not be used as interpreters prior examiner, or similar, requested to to contacting the victim advocacy organization. Victim collect evidence from the suspect. advocates should not be used as interpreters, because this places them in the position of assisting with the law enforcement investigation rather than focusing on their Assisting the Victim victim-support role. It is critical that law enforcement agencies work with victim advocacy organizations and Though it’s necessary to address the scene, others to explore ways to provide comprehensive services potential evidence, and suspects, officers must for special populations, including the hearing impaired be sensitive to the difficulty of the situation for and those who do not speak English. the victim. Officers should take the following actions when interacting with victims: • Reasonable efforts should be made to allow the victim to determine the location, time and date where the initial report is made to law enforcement. • Express understanding, display patience, and provide respect for the victim. Attempt to establish trust and rapport. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 15 • • • • • • • • • • • • • Commend the victim for reporting the crime and comfort her or him throughout the process. Recognize that a victim may be experiencing the impact of the traumatic incident and may not be willing or able to Be mindful: immediately assist with the criminal investigation. Contact a victim advocate as soon as practicable. This will • The first contact after a sexual ensure the victim is assisted throughout the reporting and assault is crucial to a victim’s investigative processes. The victim may wish to have a recovery and healing. family member, friend, or other support with them throughout the process. • Sexual assault victims may Because conversations with system or community bond with the first responding advocates may be privileged, investigating officers must officer; explaining the roles of understand that unless there is a written waiver, a victim individuals with whom the advocate cannot disclose information from the victim, even victim may interact with may if it would significantly impact the investigation or ease the transition between prosecution of the case. them. As part of a community-coordinated response, work with local support agencies to develop information and • As part of a communityresources that can be shared with victims of sexual assault. coordinated response, work National agencies such as the including the Rape, Abuse, with local support agencies to and Incest National Network (RAINN) National Sexual develop information and Assault Online Hotline (https://ohl.rainn.org/online/ or 1resources that can be shared 800-656-HOPE) are also helpful. Operators can connect with victims of sexual assault. callers with the rape crisis center closest to the victim’s • Limit the preliminary interview location. to questions that will establish If available, request a response from investigations. only the basic facts of the Clearly explain the reporting process including the roles of incident that occurred. the first responder, investigator, and anyone else with whom the victim will likely interact. • Strong consideration should Limit the preliminary interview to questions that will be taken when determining to establish only the basic facts of the assault; this will help the audio/video record the initial victim by limiting repetitive questioning by follow-up statement as well as investigators. subsequent interviews. Strong consideration should be taken when determining to • The traumatic event audio/video record the initial statement. See pages 22-23 experienced by the victim may for additional information. have a significant impact on Potential witnesses must be identified and isolated. If detail recollection, memory, there are numerous potential witnesses (e.g., at a and recall. fraternity house, party, or nightclub), an officer should be assigned to monitor the witnesses and prevent them from talking to each other. Officers should identify and record the names of any witnesses who might have left the scene prior to their arrival. Responding officers must ensure that the crime scene is photographed prior to processing. The investigation of every sexual assault should also include a detailed diagram of the crime scene(s). Videotaping can be helpful—especially in the case of a complicated or extensive crime scene; these are not for public release. Record observations of the individuals involved, including the demeanors of the suspect, victim, and witnesses. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 16 • • • • • • • Investigators shall collaborate with victims during the investigative process and respect a victim’s right to request certain investigative steps not be conducted. Criminal investigations should be conducted at a pace set by the victim, not the law enforcement officer. Document the appearances of the Strangulation suspect and victim including any Non-visible injuries visible injuries.  Difficulty breathing/unable to breathe, hyperventilation Document complaints of pain and  Raspy voice, hoarse voice, coughing, unable to speak non-visible injuries.  Trouble swallowing, painful swallowing Ask about and document  Neck pain signs/symptoms of strangulation.  Nausea, vomiting If a forensic medical exam is needed  Involuntary urination and/or defecation and the victim consents, arrange for  Fainting/light-headedness transportation to the designated  Headaches, head “rush”, ears ringing facility. Consider the victim’s body a  Disorientation, memory loss, “spaced out” crime scene; ensure the chain of custody remains intact during Visible injuries transportation.  Petechiae (pinpoint red spots about the area of constriction) Discuss intimidation with the victim,  Hemorrhaging, bruising including identifying and reporting  Scratch marks, scrapes, abrasions it. Provide examples of subtle forms  Bloody nose, broken nose of intimidation, and a safe way for  Fingernail impressions the victim to contact law  Swelling of neck or face enforcement. Ensure the victim is  Pulled/missing hair, bumps on head aware that intimidation can come  Skull fracture from the suspect or others.  Swollen tongue, swollen lips A victim’s right to keep their assault confidential shall be respected by law enforcement officers. If legally permissible, no person (outside of a law enforcement agency) shall be notified that the victim has reported without the victim’s consent. This includes interviewing identified witnesses and perpetrators. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 17 ROLE OF THE SUPERVISOR Effective supervision plays a key role in ensuring comprehensive responses to and investigation of sexual assaults. Though this is important for victims, it is also important for ensuring compliance with department policy and accountability. First-line supervisors shall demonstrate a thorough understanding of victim issues and proper response by subordinates. Supervisors shall: • If requested by officer, or when deemed necessary, respond to assist officers investigating incidents of sexual assaults. • Officers must respond in an objective, professional, non-judgmental manner; supervisors must ensure line officers are aware of these expectations. • Help locate both agency and community resources to effectively investigate the assault that occurred. • Encourage problem-solving partnerships between the department and community organizations, such as rape crisis centers and forensic examination programs, to foster cooperation and better support victims. • Review all sexual assault police reports for accuracy, consistency, and victim-centered response. • Encourage officers to look for co-occurring and interconnected crimes when responding to sexual assault. • Ensure officers and investigators understand case coding and appropriately code sexual assault cases. • Conduct after action reviews and sexual assault case audits to ensure officers and investigators are conducting comprehensive, victim-centered, perpetrator-focused investigations. • Create on-going training opportunities for department members to improve the skills needed to properly investigate sexual assault. • Work to increase communication between law enforcement and prosecutors to ease the transition for victims moving from the investigation phase to prosecution. • Incorporate victim service issues and response to victims of sexual assault into performance evaluations, and award and promotion recommendations of department members. • Hold members accountable when they behave in a way that is not in-line with the values and the mission of the department regarding sexual assault investigations. • Regularly share victim services information at roll-call and staff briefings. This education and training should be on-going and can also be done in the field with officers when not answering calls for service. • Recognize and reward officers for providing effective victim services. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 18 EVIDENCE COLLECTION If officers do not have adequate training and tools for processing the crime scene, they should request the assistance of or direction from crime scene technicians and forensic scientists when available. Considerations for Evidence Collection Responding officers shall: • Secure and protect the integrity of the evidence. • Ensure that the chain of custody is followed by properly marking, packaging (including, where appropriate, placing the evidence in a waterproof container submerged in ice or placed in a freezer), and labeling all evidence collected, including: o Clothing worn at the time of the assault and immediately afterward, especially the clothing worn closest to the genitals, including undergarments, pants, and shorts. Each item of clothing must be packaged separately in paper bags. o Photographs and diagram(s) of the entire crime scene(s). Digital photography is the preferred method. • Photographing and videotaping of the victim’s injuries (if any), visible and nonvisible, with the assistance of alternative light sources should be coordinated as part of the Sexual Assault Medical Forensic Exam. When photographing the victim: o Seek consent from the victim to photograph non-genital injuries (if any). o Discuss the presence of an advocate or support person. o Be sensitive in order to help maintain the victim’s dignity; this may mean using drapes or other techniques to maintain some privacy. o If requested by the victim, summon a same-sex officer to take the photographs. o As part of most Sexual Assault Nurse Examiner (SANE) protocols, photographs of the genitalia may be taken. The custody and care of handling this evidence is critical. Avoid presenting these photos to personnel not involved in the investigative process. • If the victim declines a medical exam, but photographs would be helpful to document non-genital injuries, explain how the photographs can strengthen the investigation. With the victim’s permission, continue to collect other evidence that may be useful in a future investigation. Drugs and Alcohol Officers should be familiar with the signs and symptoms of drug or alcohol facilitated sexual assault, and remain open to the possibility that these factors may have contributed to the incident. These cases present unique challenges to both police and prosecutors, and the responding officer plays a particularly crucial role—especially in the collection, identification, and preservation of critical perishable evidence. A victim of a drug-facilitated sexual assault may display a range of symptoms that could include memory loss, gaps in time, dizziness, confusion, drowsiness, slurred speech, impaired motor skills, impaired judgment, reduced inhibition and a general uncertainty as to whether or not an assault occurred or details of the event(s). The victim may also appear intoxicated or hung-over. As a result, the victim may be extremely anxious during the course of the interview. When an officer or investigator suspects that a sexual assault may have been facilitated by drugs or alcohol, the officer/investigator should: • Determine the time of the incident as soon as possible in order to make decisions regarding the collection of urine and blood samples for toxicology testing. It is best to collect samples as a precautionary measure; if the samples are not needed they can be discarded. • Assess the scene for evidence that may help support the suspicion of drug/alcohol facilitated sexual assault such as drinking glasses, alcohol bottles or cans, or other related items. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 19 • • • • • Remain patient and maintain an open mind while listening to the events as the victim recalls them. Avoid suggestive questions while conducting the interview. Ask victims to articulate how they felt or what they had been doing prior to losing consciousness. Identify and interview any witnesses who might have seen or spoken with the victim before, during, or after the assault. Often, it is the witness who can establish time frames, confirm unusual behavior, provide critical facts, and identify potential sources of information. Identify additional evidence that may be located in the suspect’s residence, vehicle, place of employment, locker, and so forth. This evidence may include such items as the drugs themselves, ingredients used to make the drugs, drug or rape-drug literature and recipes, Internet correspondence, drug packaging and bottles, and/or photographs and videotapes of victims. Officers shall introduce the potential need for a sexual assault forensic examination (SAFE). The victim’s health and wellness should be emphasized, and officers should explain the importance of SAFE for investigative, apprehension, and prosecution efforts. The decision is voluntary; officers shall neither coerce victims to receive the forensic examination, nor provide samples for drug screening and toxicology. Officers shall inform victims that toxicology results can only be used to determine the possibility of alcohol or drug facilitated sexual assault. Law enforcement should not charge individuals that have filed a sexual assault complaint with a crime relating to alcohol or drug use based on the toxicology results, nor should it be concluded that a crime did not occur based solely on a negative toxicology screen. DNA DNA evidence plays a crucial role in sexual assault investigations. The last decade has seen incredible advances in the evolution of DNA technology and its use in law enforcement investigation and prosecution. In addition to victim and suspect bodies and clothing, there are many other potential sources, including condoms, sheets, blankets, pillows, and bottles/cans that may contain biological evidence such as blood, sweat, tissue, saliva, hair, and urine. Officers and detectives should receive comprehensive training from qualified instructors on the proper collection of DNA evidence. To properly collect DNA evidence, officers shall: • Wear appropriate protective gear, to include, but not limited to gloves, booties, and face mask • Use sterile gloves and change between each item collected • Use sterile swabs, papers, solutions, and tools • Collect, package, and label each item separately • Avoid touching areas where DNA evidence may exist • Avoid talking, sneezing, and coughing over evidence • Air dry evidence before packaging • Put evidence into fresh paper bags or envelopes, and avoid using plastic as items that are not thoroughly dried may deteriorate and/or mold Technology • • • Due to advancements in technology, evidence can be obtained by examining sources of digital forensics, including security cameras and systems, computers, tablets, cameras and recording devices, cell phones, and other electronics that transmit, receive, or store messages, images or recordings. Officers and investigators should explore other sources of digital evidence, including social networking sites, blogs or forums, hidden video recording devices, and computer spyware programs as part of a comprehensive evidence-gathering investigation. Responding officers should always look for evidence of, investigate, and document monitoring, surveillance, targeting and grooming behaviors employed by the suspect through technological means. These are often employed by perpetrators as precursors to sexual assault. These behaviors often include the elements of additional criminal acts, including stalking. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 20 Non-stranger Assault Some suspects do not deny that sexual intercourse occurred but rather assert that it was voluntary and with the consent of the victim. Thus, evidence of particular importance in such cases includes: • • • • • • • • • • • • Lack of consent by the victim, which can include physical behavior, verbal statements, or other circumstances surrounding the assault. Historical relationship issues including: how the victim and suspect are acquainted, past assaults, verbal/emotional abuse, coercion, threats, financial abuse, and/or stalking. Genital or non-genital injury, no matter how slight. Be aware that injury is not always required and, even when present, is not necessarily indicative of an assault. Detailed account of the victim’s thoughts and feelings during the assault. Sensory evidence and peripheral details of the victim’s experience in accordance with a traumainformed interview. The suspect’s course of conduct, including selection and grooming processes, contrived circumstances, and pre- and post-assault behaviors, including any communication should be documented. Suspects’ grooming behaviors are often overlooked; ensure proper documentation of information the victim shares about the perpetrator’s behavior towards him/her even if you think it is insignificant. The use of drugs or alcohol by the suspect to create victim vulnerability. Threats made by the suspect. Coercive behavior displayed by the suspect. Information regarding the environment in which the assault took place, including isolation and soundproofing. The victim’s behavior and thoughts after the assault, including changes in routine, depression, mood instability, sleep and diet disturbances, flashbacks, nightmares, and stress. Be aware that not all victims will exhibit these behaviors and may not report a change in routine. Stranger Assault Evidence in stranger-perpetrated sexual assault often centers on identification pending the processing of DNA evidence. Therefore, investigative strategies must remain flexible. Response to an identity defense will typically require evidence such as DNA and trace evidence, latent fingerprints, photographic lineups, social media, and circumstantial evidence. “Most rapists who are prosecuted are convicted on a single count of rape. However, when researchers have granted immunity to offenders in exchange for a truthful account of their sex offending history the reality of rape emerges. In one study, the average number of victims for each rapist was seven, and in another study, it was eleven.” Understanding the Predatory Nature of Sexual Violence, Dr. David Lisak, Ph.D. Identifying Evidence of Co-occurring and Interconnected Crimes Just as sexual assault can occur in the context of other crimes, other crimes can occur in the context of sexual assault. Crimes commonly interconnected with sexual assault are domestic violence, stalking, false imprisonment, threats, fraud/extortion, property damage, human trafficking, kidnapping, witness intimidation, gang violence, criminal damage, and burglary. Investigators should always look for and be open to evidence suggesting co-occurring, serial, and interconnected crimes. This will help investigators gain a complete understanding of what occurred, and can ultimately be helpful in efforts to hold perpetrators accountable. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 21 Identifying and Locating Witnesses and Suspects Depending on the victim’s emotional and physical state, initial questions concerning the assault and the suspectboth physical description and potential location- should be limited. Responding officers and follow-up investigators should identify and interview potential witnesses, bearing in mind that there will be a minimum of three crime scenes: the victim, the suspect, and the place(s) where the assault occurred. Identifying events that transpired prior to and after the assault is critical in locating additional witnesses and physical locations that may lead to additional evidence. It is vitally important that the outcry witness, also known as the fresh complaint witness- the first person(s) the victim told about the sexual assault- is identified and interviewed. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 22 VICTIM INTERVIEWS Sexual assault investigations typically include at least two interviews with the victim: a preliminary interview and a second, in-depth interview. These interviews should be conducted by trained department personnel. Preliminary Victim Interview The initial interview should be brief. At this stage, the objectives are to determine whether a crime is being reported and document the basic information needed to begin an investigation. The inquiry should be limited so as to avoid, or at least minimize, repetitive questioning of the victim. Officers should address any special needs of the victim, such as communication or mobility and consider cultural differences, cognitive ability, and other factors that may impact the victim’s ability and willingness to provide details. Law enforcement should also notify the victim advocate of these factors. During the initial response, the officer contributes to the immediate and long-term recovery of the victim and lays the foundation for mutual cooperation and respect on which a successful interview is built. The officer shall first establish the elements of the sexual assault and potentially co-occurring crimes, and identify suspects, witnesses, evidence, and crime scenes. The officer should convey to the victim that the preliminary interview is intended to be neither comprehensive nor final; additional interviews will be necessary as the investigation develops. Responding officers shall refrain from asking the victim if he or she would like to press charges at the preliminary interview. The victim shall not be asked to sign documentation waiving the right to do so at a later date; if the victim chooses not to press charges immediately following the incident, the option should remain open in the event that he or she feels better able to participate at a later time. Because victims may be reluctant to contact law enforcement at a later time due to shame or embarrassment, officers should follow-up with victims to discuss options, answer additional questions, and determine whether or not the victim has decided to press charges. Role of a Victim Advocate Every effort shall be made by the first responding officer or the investigating officer to contact a victim advocate as soon as possible. Victims of sexual assault should be given the opportunity to make their own decisions about advocate involvement. To ensure a smooth transition of assistance, the officer will introduce the victim advocate to the victim. This is an opportunity for the victim to decide if he or she wants the victim advocate present during the course of the initial investigation, including the preliminary interview, as well as throughout the reporting and investigative processes. The victim may choose the advocate to be with them only for certain parts. If the victim declines assistance from an advocate, the advocate and/or investigator should document this and provide the victim with written referrals for community resources specifically designed to help victims of sexual assault. Victim Interview Protocol • • Throughout the interview process, it is important to ensure that the victim is involved in decisionmaking regarding when and where interviews are conducted. Depending on the amount of time between the assault and when it is reported, and the amount of support the victim may have received, she or he may still be in crisis and experiencing symptoms of trauma. Officers should be aware of the signs of trauma, including fragmented memory, gaps in memory, or an exhibition of a range of behaviors that may change over time as the victim processes the event. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 23 • Victims react differently to traumatic events, and responses that may seem counterintuitive shall not be construed to negatively impact a victim’s credibility. • Be mindful that when drugs and/or alcohol are involved in the assault, the victim may have limited recollection or be unable to give a complete account of the crime. Not knowing the details of what happened may exacerbate both the trauma of event that occurred and the symptoms of trauma experienced by the victim. • Preliminary information shall be collected promptly if the victim is coherent and able. • Given the circumstances and purpose of an initial response, it may not be necessary to audio or video record the preliminary statement. Officers should take notes and explain to the victim the purpose of doing so. See pages 22-23 for additional information on video/audio recording. • Officers shall: o Be patient and maintain an open mind while listening to the victim’s account o Display professional conduct at all times o Be an impartial fact finder o Acknowledge the impact of the traumatic event on the victim during the interview o Remember that victims may struggle with gaps in memory o Avoid leading questions; ask open ended questions that invite a narrative response o Avoid pushing for a chronological account of what occurred o Avoid victim blaming questions (“why did you…?” why didn’t you…?”) o Use simple terminology appropriate to the victim’s age, maturity, language, and cognitive ability o Avoid using jargon, acronyms, or police, medical, or legal terms o When referring to body parts and actions, ask the victim what terms he or she prefers Before conducting an interview with any individual, it is important to consider what the person understands and how the person expresses themselves. It is imperative that investigators determine if any accommodations are needed including specific physical accommodations, language interpreters including an American Sign Language interpreter, communication book or pictures, individualized communication device, computer, or other available communication tools. Additional time may need to be allotted for these interviews. Investigators need to work closely and patiently with the victim to ensure that all details are captured correctly. In some situations, it may be necessary for law enforcement to ask the victim if there is someone who can help facilitate communication and dialogue; this should be a person trusted and selected by the victim. Prior to initiating the initial interview, the officer shall: o Tend to the victim’s immediate health and safety concerns. o Express empathy and an interest in the victim’s well-being. o Accommodate the victim’s request for a support person, including a family member or friend, but be aware that a family member or intimate partner may be an intimidating presence; the victim may need support and assistance to prevent them from observing the interview. o If the support person requested by the victim is a potential witness, explain that he or she cannot be present during the interview along with the reasons why. If the victim’s support person is excluded, offer the victim an opportunity to identify someone else, including an advocate, to be present. o Answer questions about reporting and the criminal justice process. o Allow the victim to accept or decline all and any services. A thorough investigation should be conducted regardless of whether or not a victim accepts or declines services. o Inform the victim of the need for and importance of full disclosure, including any and all recent drug or alcohol use. Explain that the focus of the investigation is the sexual assault as opposed to laws that may have been violated by the victim, including a minor in possession of alcohol, the purchase, possession, or consumption of illegal drugs, or acts of prostitution or sex work. o When appropriate, officers should interview any witnesses who might have seen or spoken with the victim and/or suspect before, during, and/or after the assault. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 24 o Secure a private location, never public, for the interview that is comfortable, safe, and free from distractions. During the initial interview, the officer shall*: o Obtain contact information for the victim, including temporary accommodations (if needed), and a backup emergency contact in case the victim cannot be located. o Ask the victim what they are able to report or remember about their experience, even if they cannot do so in a sequential manner. o Ask victim how he or she felt during the incident. Sometimes victims dissociate or freeze, rendering them incapable of doing or saying anything during the incident. Ask the victim how they are feeling at the time of the interview. This information and documentation of the victim’s fear, confusion, and feelings may be helpful if the victim later remembers additional information or changes the order of events of the assault. o Allow the victim to provide an uninterrupted account/narrative if possible; document this account. o Revisit the possibility of a support person for victims who initially declined the offer. o Explain that this first interview is preliminary and that other professionals involved in the investigation, including forensic examiners, detectives, evidence technicians, and prosecutors may have additional questions. o Preserve the victim’s statements as they are first spoken; they should not be sanitized out of concern that the victim will be misunderstood or misrepresented. Keep recorded details unbiased. o Officer notes can be placed in the report but are not for public release. *Depending on department size and structure, the initial interview may be limited to just the victim info, a short synopsis of the assault, and suspect information. At the conclusion of the initial interview, the officer shall: o Give the victim the investigator’s contact information. o Encourage the victim to contact the investigator with any additional information or evidence explaining that as a result of a traumatic event it is common to remember additional details following the interview. o Be aware that visible evidence of injury may appear later. Inform the victim that the investigator should contact the victim routinely and follow-up in order to photograph and document injuries. o Discuss acts that may constitute intimidation from the suspect and others, and tell the victim how to safely report intimidation. o When applicable, ensure that the process of obtaining a protection order is clearly explained and victim requests to obtain orders are supported. o Provide written referrals for victim service organizations and/or advocates. o If a SANE exam is to be completed, provide transportation when reasonably possible. o Inform the victim about next steps in the investigation and the criminal justice process. Investigative Strategy There are three primary defenses to the charge of sexual assault: denial, mistaken identity, and consent. Officers should be familiar with these potential defenses and the ways in which each might impact the investigation. In preparing for the interview, the investigator shall develop an investigative strategy based on the nature of the assault and the defenses likely to be asserted by the defendant (denial, mistaken identity, or consent). This strategy should help to guide the questions and evidence collection efforts. Critical evidence collection efforts include evaluating whether a pretext phone call (See Appendix B) is appropriate and re-photographing injuries to document changes in visible injuries. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 25 Follow-Up Victim Interview The purpose of the follow-up interview is to capture the impact of the event by gathering further information, including the context of all behaviors exhibited by the suspect and victim, and victim coping strategies, experience of fear, sensory details, and the feelings they may have experienced. The victim’s perspective can provide compelling evidence, especially in the absence of physical evidence. Prior to a follow-up interview, the investigating/follow-up officer should consult with agency personnel who responded to the scene, retrieve communications tapes and printouts, and review all reports and evidence. The investigating officer should coordinate with relevant agencies, assistance organizations, service providers, and/or sexual assault response professionals to address the needs of the victim and to discuss the best means for keeping the victim informed. Victim advocates or rape crisis counselors can be particularly helpful to both the victim and the investigating officer by providing the victim with the emotional support and information needed to make informed decisions throughout the interview process. The follow-up interview protocol is as follows: o A comprehensive follow-up interview shall be conducted after the victim has been medically examined and treated, and personal needs have been met. o Barring exigent circumstances requiring identification of suspects, and whenever practical, the followup interview should be conducted after the victim has had the opportunity to have at least one, preferably two, full sleep cycles. Research suggests that memory of a traumatic event may Be mindful: be facilitated when the person has had time to rest. A victim may experience short-term In accordance with the Violence memory impairment as a result of the traumatic Against Women and Department event; sleep will allow the victim to begin to of Justice Reauthorization Act of recover, increasing the quantity and accuracy of 2013 (“VAWA 2013”) provisions, memory. However, if the victim wishes to do the and the potential impact this can interview immediately, the investigator should have on victims, officers and/or accommodate the request. investigators will not require o Arrange for equipment to video/audio victims of sexual assault to record the interview to allow the investigator to submit to a polygraph test or focus on listening. The investigator shall explain other truth-telling devices. the purpose of the recording and seek the victim’s consent to do so. The decision to audio and/or video tape victim statements should be done in consultation with a prosecutor in order to weigh the advantages and disadvantages of the practice. Once the determination is made, this practice should become department policy and followed consistently. There are advantages and disadvantages to recording follow-up interviews. Advantages: Recording better captures information that hand written notes may not; recordings can highlight and exemplify to the victim that you are carrying out a thorough, comprehensive investigation; recording can allow the investigator to be more engaged and part of the conversation instead of focusing on note taking; recording allows victims to speak their own words to the prosecutor, judge, and jury; and, recording allows the investigator to listen to the victim’s account and experience of the event multiple times. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 26 Disadvantages: Due to the impact of the traumatic event, in a recording the victim may not present or “act” like the jury expects a victim of sexual assault to behave; due to the trauma experienced, the victim’s account may be inconsistent with consequent information obtained or remembered, or may lack details which can lead to their credibility being challenged; it is not possible to video tape each and every encounter with a victim and so the evidence recorded will only be an incomplete part of the victim statement; victims may feel that the investigator does not believe them and is trying to “lock” them into a statement; the need for audio/video equipment may remove control from the victim as to where and when to hold the interview, thus disempowering a victim; investigators may be more prone to using the video/audio recordings as a substitute for a comprehensive report; and, due to caseloads, many prosecutors are unable to read police reports until just prior to trial/grand jury thus may not have time to view lengthy recorded witness statements. Prior to initiating the follow-up interview, the investigator shall: o Identify an area to conduct the interview that is convenient and comfortable for the victim. o Provide or arrange for transportation for the victim when needed. o Arrange for the advocate to attend follow-up interview(s) if the victim wishes to continue to work with the advocate. If the advocate is unavailable, the victim can choose to proceed without an advocate, wait until the advocate is available, or proceed with a different advocate or support person (ground rules for additional individuals must be established prior to the interview). During the follow-up interview, the investigator shall: o Introduce him/herself and their role in the investigation. o Commend the victim for reporting the crime, and support the victim throughout the interview. o Discuss the purpose and scope of the follow-up interview. o Confirm the contact information for both the victim and the investigator. o Explain the victim’s rights, including confidentiality. o If the determination has been made to video/audio record the interview, explain the reasoning for doing so and request the victim’s consent. o Discuss arrest decisions including an explanation of the status of the case. o Continually explain why the questions are important to the investigation, especially for particularly sensitive lines of inquiry. Also explain the need to capture specific information to meet criminal code requirements for charging. o Ask the victim to describe everything he or she is able to recall about the assault and related events. Allow the victim to provide the statement without interruption, if possible. Note the following: • Details about the suspect’s behavior. • If the suspect was known by the victim, capture behavioral changes of the suspect (pre, during and post assault). • If the suspect was known by the victim, a behavior change at some point leading the victim to change what might have started as consensual to that of coercion, fear and/or force. • The suspect’s size and strength compared to the victim. • The location where the assault took place including any isolation strategies used by the suspect. • Actions, threats (real, perceived, or implied), gestures, coercion, and other behaviors used by the suspect to cause a victim to submit. • Ways in which the victim said “no”, both verbally and non-verbally. For example, crying, pushing the suspect away, or turning away from the suspect. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 27 o o o o o o o o o o o o o o Ask the victim what he or she felt rather than asking questions that blame the victim for the assault that occurred. For example, ask “What did you feel might happen if you tried to get away?” rather than “Why didn’t you try to get away?” Ask about the sensory experiences of the victim, including smell, touch, sound and taste. Repeat what the victim says in the order in which he or she said it to confirm that the account is accurately recorded. Identify new information or developments that require clarification. Clarify inconsistencies with previous accounts of the assault in a nonthreatening manner; interview for clarification, do not interrogate. Document the victim’s actions and response to the sexual assault (pre, during and post assault) including the victim’s state of mind during the assault. Document specific statements made by the perpetrator as reported by the victim. Document the nature of the relationship between the victim and suspect (if any). Inquire about any circumstances that may indicate the use of drugs and/or alcohol to facilitate the sexual assault, including memory loss, disorientation, severe illness, or hallucinations experienced by the victim. Ask if any prescription drugs were taken. Inquire about and document any pre- or post-assault contact, monitoring, stalking or other behaviors of the suspect that caused the victim to question his or her safety. Discuss witness intimidation and manipulation (by the suspect or the suspect’s family, friends, or associates) with the victim including how to recognize it and how to report if it occurs. Help the victim develop a safety plan, if there are safety concerns, and encourage the victim to call the police if the suspect violates any criminal or court orders, or if the suspect (or the suspect’s family or associates) contacts the victim in any way (in-person, phone, social media, etc.). Encourage the victim to work with an advocate to continually monitor their safety. Acknowledge that disclosure is a process, not an event, and that more details may be recalled as time passes. At the conclusion of the follow-up interview, the investigator shall: o Evaluate impounded evidence and determine which items might have probative value based on the interview and other information. o Submit a lab service request such as DNA, biology, trace, or toxicology based on the assessment of the evidence, when appropriate. o Present the complete case file, including forensic results, as soon as available to the prosecuting attorney for review, if jurisdictionally appropriate. Work collaboratively with the prosecutor’s office to develop the case. o Continue to support the victim throughout the process. Apprise him or her of future investigative and prosecutorial activities that may require their involvement. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 28 CONTACTING AND INTERVIEWING SUSPECTS Sexual assault suspects are known to be manipulative, and, as such, training is recommended for officers that will be tasked with interviewing and interrogating these individuals. In addition to effective interrogation strategies, training should also provide officers with a comprehensive understanding of sex offender behavior and conduct. Responding officers should keep in mind that sexual assault perpetrators purposefully, knowingly, and intentionally select victims who are accessible and whom they believe lack credibility and will not be believed. The investigator should also keep in mind these crimes are about power and control. Prior to contacting the suspect, officers shall: • • • • Conduct a background check and criminal history for victim and officer safety. They should specifically look for accusations, criminal charges, and convictions for interconnected crimes, especially crimes involving violence. Investigators should consider an NCIC search request that shows all law enforcement contacts. Conduct a pretext or confrontational call or messaging depending on jurisdictional statutes (See Appendix B). This can be an effective investigative tool in non-stranger sexual assault cases. Involvement of a victim in a pretext phone call or messaging to the suspect should take into consideration the victim’s emotional and physical state. A victim advocate should be present whenever possible to offer support. Officers should receive training on implementing and conducting these calls. Officers should consult with legal counsel, or the prosecutor’s office, to ensure lawful procedures and admissibility for recorded phone conversations. Develop a timeline of pre- and post-assault behaviors and communications that can be used to confront the suspect. Develop an investigative strategy. Suspect interviews should continue until probable cause is developed, the suspect confesses, or the suspect invokes rights under Miranda. While confession is the ultimate goal of the suspect interview, most cases are solved based on provable lies, partial admissions, and/or implausible accounts. Suspect interview considerations: • • • It is important to allow the suspect an opportunity to provide an account of the incident, and critical that every identified suspect is interviewed. Officers shall assess the circumstances for either a noncustodial interview or a custodial interview. Audio and video record the entire interview. Successful sex crimes investigators need to recognize common theories of sexual assault offenses and strategize their investigation around the defense that is most likely to be raised, but they must be flexible in case an alternative charge is offered or the defense strategy is something other than expected. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 29 The investigator should begin the interview with questions intended to gather basic information. Then consider questions to clarify facts and that are non-accusatory but will encourage the suspect to talk and reveal his or her motivations and thought processes while committing the crime. For example: “Why do you think the victim would say this occurred?” Determine whether the suspect’s statements have merit; look for and investigate inconsistencies in his or her account. Unlike the victim, the suspect is not adversely affected by trauma resulting from this incident. While the victim’s account may be incomplete or out of sequence, the suspect’s statement should be complete and orderly. Identify areas where the suspect is vague and where he or she is extremly detailed. Confront the suspect with the facts and evidence you have gathered. Provide choices that are acceptable to the suspect and allow him/her to admit to the crime that occurred. The investigator should use tactics putting themselves in a position of authority and minimize the suspect’s perception of self. Minimize the suspect’s behaviors in an effort to build rapport with the suspect and to encourage a statement (“tell me about this miscommunication between you and the victim” rather than “she says you raped her”).. Determine whether the suspect’s statements have merit; look for and investigate inconsistencies in his or her account. Unlike the victim, the suspect is not adversely affected by trauma resulting from this incident. While the victim’s account may be incomplete or out of sequence, the suspect’s statement should be complete and orderly. Note whether the suspect is answering the questions posed, deflecting, omitting, or placing blame on someone or something else. Directly confront the suspect when his or her statements do not make sense or are inconsistent with the evidence or victim/witness statements.. Ensure questions posed to the suspect are being responded to. Ask clarifying follow-up questions to avoid ambiguous and elusive answers. Directly confront the suspect at the point where the victim and suspect accounts diverge. Ask the suspect how someone might express or demonstrate non-consent. Clearly document the suspect’s statement and explanations, including unclear responses and when the suspect is unable to provide an answer to a question. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 30 PROTECTING VICTIM RIGHTS: CONFIDENTIALITY, ARREST AND PROSECUTION DECISIONS Confidentiality and Other Rights Privacy issues concern crime victims throughout the criminal justice process. During the investigation, officers shall work with victims and explain the limitations of confidentially as well as attempts to protect the confidentiality of the victim’s information to the maximum extent possible by law and policy. Victims should also be provided information regarding: • Protections afforded to crime victims by the state which may include the right to have their name withheld from public record as well as information that will become part of the public record versus facts that will remain confidential. • The possibility of media coverage and information regarding sexual assault crimes available to the media. If applicable, provide victims with information regarding local media agreements or policies preventing them from disclosing the names of sexual assault victims. • What to do in the event that the victim, witnesses, or third parties are harassed or intimidated by the suspect or others. The investigator should remain open to the possibility that the suspect may monitor or stalk the victim. The victim should be advised to call 911 in an emergency. • The crime report number, as well as contact information for the reporting officer (including identification or badge number) and lead investigator (or person handling the follow-up). • Arrest decisions, victim compensation, emergency protective orders, court dates, and parole or release dates. If the victim is a student of an institution of higher education, the institution is federally mandated to conduct administrative inquiries, and is responsible for conducting administrative inquiries and taking required steps to correct discriminatory impact. These responsibilities can conflict with criminal investigations. Local and college/university police departments should work collaboratively with institutions of higher education to avoid potential conflict between criminal investigations and the laws that govern the institution. Law enforcement agencies should develop and continually review Memoranda of Understanding (MOU) and/or Letters of Understanding with each college/university in their jurisdiction. Prosecution Decisions In the immediate aftermath of a sexual assault, many victims experience symptoms of trauma that impair their ability to make decisions regarding whether or not to proceed with the investigation related to the event that occurred. If the victim declines investigation or prosecution at this time, officers shall not ask him or her to sign any forms or notices waiving the right to do so at a later date. It is, however, appropriate to introduce a victim’s rights form, and/or petition for a restraining order (if needed) at this time. When the Victim Chooses Not to Participate in the Investigation The department shall respect a victim’s decision not to be involved in criminal justice proceedings, or his or her inability to do so, and always be willing to offer continued assistance and referrals. Officers should explain the statute of limitations, if applicable, for criminal charges and that a victim can contact the department within that time to reopen the investigation. All information gathered should be documented and be retrievable at a later date or in the case that the suspect re-offends with another victim. The investigator should let the victim know International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 31 that he/she will be re-establishing contact with the victim at a later date to inquire about decision to prosecute and answer any additional questions. Recantation It is not uncommon for a sexual assault victim to reconsider their report to law enforcement and question their participation in the criminal justice system. Victims may feel they have no other option but to recant in order to disengage from the system. A victim-centered approach recognizes the tremendous courage of victims who come forward and the personal cost to those who participate in the criminal justice system. It is critical for investigators to understand that recantation of any or all aspects of the initial disclosure is not necessarily indicative of a false report. Various influences affect a victim’s willingness and/or ability to participate, including: • Feelings of embarrassment, fear and/or shame • The desire to put the assault behind them • Frustration in repeating the details • Fear of facing the suspect in court • Pressure from family, friends, the suspect, peers, or others • Pressure from cultural and/or religious upbringing or beliefs • Concern that the assault be made public • Fear of not being believed Victims who recant or decline participation in the investigation should not be asked to sign a non-prosecution statement. Asking a victim to do so may deter him or her from returning at a later date. If the evidence clearly indicates a crime has occurred, the case should remain open but inactive. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 32 SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS Victim-centered care is paramount to a successful forensic Victims who have been strangled or who examination of sexual assault victims. When law enforcement experienced a loss of consciousness during is the victim’s first contact, a timely, professional forensic the assault that occurred should always be examination increases the likelihood that injuries will be examined by medical professionals. documented and properly treated, and that evidence will be collected to aid in the investigation and prosecution of sex suspects. Evidence from the medical forensic exam can normally be collected up to 120 hours (5 days) after the assault, but it’s possible to gather evidence and identify injuries beyond that time, especially if the victim is injured, bleeding, or experiencing pain (this may vary by jurisdiction). If the incident happened more than 120 hours ago, there should be an individual evaluation to determine if a medical forensic exam is appropriate. When uncertain, officers should seek the guidance of a local sexual assault forensic examiner. Keep in mind, victims may have non-visible injuries or infections requiring diagnosis and treatment, or pregnancy. Investigating Officer Actions • • • • • • • • • • • • Explain the purpose of the medical forensic examination and its importance to the victim’s health and wellness, and to the investigation. Provide the victim with general information about the procedure, and encourage the victim to seek further detail and guidance from the examiner. Officers/investigators cannot deny a victim the opportunity to have a forensic examination completed. Inform the victim that they cannot be charged for the cost of administering the forensic exam. Inform the victim that with the SANE they have the right to decline any or all parts of the examination. Articulate to the victim the evidentiary purpose of the various components of the exam; clearly explain that the case may be more difficult to prosecute without forensic evidence. Inquire whether the victim will consent to a forensic examination. Advise the victim that the forensic examiner will collect all clothing that was worn during or immediately after the sexual assault (depending on SANE protocols). Assist in arranging for clothing the victim may need after the examination. Ask the victim whether there is anyone who should be called to accompany him or her to the exam and facilitate contact. Address any special needs of the victim, such as communication or mobility, and notify the victim advocate of them. With the victim’s consent, notify a victim advocate when a forensic examination is to be conducted so that he or she can provide support. Transport the victim to the designated medical facility. Obtain a signed release from the victim for access to SANE medical records. Encourage a victim who is unwilling to undergo a forensic exam to consider medical attention, including testing for pregnancy and sexually transmitted infections. Coordination with the Forensic Examiner Responding officers shall coordinate with other professionals such as forensic examiners and criminalists to determine whether a forensic examination is indicated. • Prior to a forensic examination, the investigating officer shall brief the examining nurse or physician about the details of the sexual assault, as they are known at that time. • The primary purpose of the exam is medical diagnosis and treatment. Officers should not be present during any part of the exam, including during the medical history. Statements made for the purpose of medical diagnosis and treatment may be admitted at trial. However, the presence of a law enforcement officer during any part of the exam can result in a legal ruling that the nature of the exam International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 33 • • • • • • • changed from providing medical care to investigating a crime, making statements of the patients inadmissible in a subsequent trial. Upon conclusion of the exam, the officer should request any findings that may assist with the investigation. The police report shall contain a copy of the sexual assault medical forensic exam report and a summary of the findings that note significant information or details of injury; these are not for public release. After the examination, evidence collected during the sexual assault medical forensic exam shall be turned over to law enforcement. It is critical to ensure that the evidence has been properly sealed and labeled. A chain of custody for the sexual assault medical forensic exam evidence shall be established and the evidence shall be prepared for storage in accordance with existing protocols. The sexual assault medical forensic exam evidence shall be impounded as the department’s evidence policy dictates and sent to the appropriate laboratory for processing. Proceeding with or conducting a thorough investigation shall not be contingent upon laboratory findings. To the extent possible, investigations should be ongoing while awaiting laboratory results. Victims should be informed that charges may apply for medical treatment required beyond the forensic medical exam. Drug-Facilitated Sexual Assault Considerations • • • If a drug-facilitated sexual assault is suspected, it is critical to obtain the first urine after the assault occurred from the victim as soon as possible. If fewer than 24 hours have transpired since the assault, attempts should be made to obtain a blood sample for toxicology in accordance with the examination protocol. Illegal substance abuse by victims, including underage drinking, shall never be used to discredit or discourage the victim from reporting the assault. The department’s priority is to thoroughly investigate sexual assault, not prosecute victims for misdemeanor violations. Because of the delay in reporting most sexual assaults, it’s essential to work with laboratories capable of identifying very low levels of drugs commonly used in sexual assault in blood and urine. Reimbursement for the Examination The Violence Against Women and Department of Justice Reauthorization Act of 2013 (“VAWA 2013”), provides that states may not “require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursed for charges incurred on account of such an exam, or both” (the “VAWA 2005 forensic examination requirement”). Under this provision, a state must ensure that victims have access to an exam free of charge or with full reimbursement, whether or not the victim chooses not to report the crime to the police or otherwise cooperate with the criminal justice system or law enforcement authorities. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 34 Forensic Examination for the Collection of Evidence from the Suspect Departments should work with other agencies and community organizations to establish protocols dictating where forensic examinations of suspects will take place and by whom, which agency or organization will cover the cost, and what steps will be involved. The evidence collected can be critically important to the investigation. Ideally victim and suspect examinations will take place in different locations; if this isn’t possible, the examinations should be done at different times to ensure that the victim and the suspect do not encounter each other. The protocol for the suspect examination is as follows: • Prior to or immediately after the preliminary suspect interview, investigators should photograph any injuries (offensive and defensive) and/or other bodily parts to corroborate victim and witness information. • The investigating officer shall determine whether a forensic sexual assault examination should be conducted. Depending on the type of contact reported, the suspect’s body may be a better source of evidence than the victim’s. • A search warrant, with specific details about what evidence will be collected, should be prepared and requested in order to collect evidence from the body of the suspect and his or her clothing. If the suspect voluntarily consents to evidence collection procedures, it should be documented in the police report. Having a search warrant prepared in advance will eliminate the opportunity for the suspect to destroy or alter evidence if consent is denied. • If the suspect is not in custody and there is no warrant, the investigator shall clearly document his or her freedom to decline any part of the examination and to leave at any time. • First-line officers and supervisors shall be trained in buccal cell collection (cells located inside of a person’s cheek) for DNA profiling. Cotton-tipped swabs or other buccal DNA collectors shall be readily available to investigators in the field. Prior to collection, the suspect must provide signed consent. Evidence Collection • • • • • • • • As applicable, the investigator, evidence technician, or forensic examiner should strongly consider penile swabbing, pubic hair combings, and other potential DNA evidence. In addition to possible DNA, the suspect’s sexual assault examination can provide information about the suspect’s clothing, appearance, scars, tattoos, piercings, and other identifiable marks that may be important throughout the investigation. Law enforcement should keep in mind that evidence may have been transferred from the victim to the suspect during the assault, just as evidence transfers from the suspect to the victim. Seize all clothing worn by the suspect during the assault, particularly any clothing touching the genital area of the suspects. Examination of the suspect can also help identify signs of force, struggle, or injury. The forensic examiner shall document the suspect’s medical history and injuries, and collect biological and trace evidence from the suspect’s body. If in custody, the suspect shall be given Miranda warnings before being asked medical history questions by the forensic examiner or investigator. If the suspect invokes his or her right to remain silent, the examiner shall refrain from asking medical history questions but continue documenting visible injuries and collecting appropriate specimens. Both the examiner and accompanying investigating officer shall document any spontaneous statements made by the suspect regardless of whether or not he or she is in custody or has been given Miranda warnings. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 35 REPORT WRITING FOR SEXUAL ASSAULT CASES Officers should be aware that reports are used for more than mere documentation of incidents. Reports are used by defense attorneys to craft the suspect’s defenses, by prosecutors to determine charging decisions, by advocates to develop safety plans with victims, by judges to set or deny bail, by community corrections to set probation parameters, as well as others. Reports may also be released to victims and the media. As such, the following should be considered when writing reports in sexual assault cases: • • • • • • • • • • • • • • Document every response to or investigation of a reported sexual assault by completing a narrative report and a properly coded offense report, whether or not an arrest is made. It is recommended that officers and investigators also complete a Sexual Assault Supplemental Report Form (See Appendix A) to augment the narrative report. As accurately as possible, use the victim, witness, and/or suspect’s own words in written reports by using quotations wherever possible. Do not sanitize or clean-up the language used by the victim. Capture details necessary to establish any premeditation/grooming behavior by the perpetrator, coercion, threats and/or force, and traumatic reaction during and after the incident (e.g. victim demeanor, emotional response, changes in routines or habits), and/or any attempts to intimidate or discourage the victim from reporting the assault. Document the details of the crime by asking the victim what they thought, felt, and feared at the time of the assault; what they experienced before, during, and after the sexual assault; how the experience changed throughout the event (consensual to non-consensual); and what they saw, smelled, tasted, heard and touched during the incident. Document the victim’s condition as observed by the officer. Avoid the use of vague words; instead use accurate descriptors. Fully document fear by recording all fight, flight, freeze, or submit reactions the victim expressed or exhibited before, during, and after the assault. Victims may freeze (not be able to resist physically); this may be an indicator of fear and trauma. Silence should not be construed as consent. Resistance can be communicated through more than words. Detail and describe what “no” looked like by documenting the victim’s subtle and overt actions. Detail and describe what fear felt like for the victim in his or her own words. Create a timeline to show the effects of the traumatic event on post-assault behavior and actions of the victim as compared to previous behavior (i.e. in a non-stranger case, the victim no longer goes to the gym that the suspect belongs to, will not be in the same room as the suspect, or the victim drops out of school, etc.) Accurately document all information provided by the victim even if it does not cast him or her in a positive light. Every effort should be made to avoid using consensual language, words that imply mutual participation, and terms of affection (such as participated, engaged in, caressed) unless they are direct quotes (in which case, place them in quotation marks); instead, describe the specific actions, behaviors, and conduct of the suspect as they align with the specific elements of the crimes. Exclude officer opinion and judgment from the written report. If a consensual encounter turned non-consensual, clearly document the details of how and when the suspect’s behavior changed and how the victim expressed or demonstrated non-consent to the continued acts. Include any observations or witness statements that corroborate the victim’s or suspect’s account of the events that occurred. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 36 Case Coding for Uniform Crime (UCR) Reporting and Local Jurisdictional Requirements The FBI requires jurisdictions participating in the Uniform Crime Reporting (UCR) system to report the number of rape and other sexual assault complaints, and case disposition (founded, unfounded, or cleared by arrest or by exceptional means). The amount of information required depends on whether the jurisdiction reports based on the Summary Reporting System (SRS) or National Incident-Based Reporting System (NIBRS). Local jurisdictions may adopt case coding systems to facilitate this reporting and/or to track cases based on local crime definitions. Accurate labeling of sex crimes and clearance categories is essential to properly capturing the crimes that occurred. Procedures for both UCR and local coding are outlined below. UCR Reporting To correctly report numbers of rape and sexual assault crimes to the UCR system, jurisdictions must first accurately identify the crime under state law in a way that allows it be counted properly for UCR purposes. All penetration and attempted penetration crimes will go into the UCR SRS rape category which is defined as “[p]enetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” NIBRS, under the categories rape, sodomy, sexual assault with an object, includes the same crimes as the summary reporting system plus fondling. All reports should be accepted as valid unless evidence proves otherwise after a complete investigation. UCR reporting includes data about case clearance. A case may be cleared under the UCR in three ways: • Arrest: a case is cleared by arrest when at least one person is arrested, charged with the commission of the offense and turned over to the court for prosecution. • Exceptional clearance: a case is exceptionally cleared only after a complete investigation and only when: o The investigation has definitely established the identity of the suspect; o There is enough information to support an arrest, charge, and turning over to the court for prosecution; o The exact location of the suspect is known so the suspect can be taken into custody now; and o There is some reason outside of law enforcement control that precludes arresting, charging and prosecuting the suspect. Examples include death or extradition of the suspect, victim refusal to cooperate with the prosecution and prosecution is declined for reasons other than probable cause. Not all cases in which a victim does not participate in the investigatory process should be closed as exceptionally cleared. Victims of sexual assault may not want to participate for many reasons, some of which include that they are traumatized, fear retaliation, think they are not being believed, or fear that the facts of their assault will become public. In such cases, if the evidence clearly indicates a crime has occurred, the case should not be closed as exceptionally cleared but should be placed in an open, but inactive, status. • Unfounded: A case is unfounded only after a thorough investigation shows that an offense is false or baseless in that no crime occurred or was attempted: o Unfounded, baseless: A case does not meet the elements of a crime or was improperly coded as a sexual assault. o Unfounded, false: Evidence obtained through an investigation shows that a crime was not committed or attempted. If a victim recants his or her allegation, it is important to know that this is not necessarily indicative of a false complaint. Some individuals may recant because of intimidation and fear of retaliation, particularly when the accused is a current or former intimate partner. Teens may also recant to avoid parental International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 37 discipline. Under neither of these circumstances should an individual be charged with falsely reporting a crime. Clearance decisions should be based on careful analysis of evidence identified through an investigation and should be reviewed and approved by a supervisor. Local jurisdiction coding systems Call-takers, officers and investigators will ensure that a tracking number is assigned for every reported sexual assault offense and document each offense in writing. Not all sex crimes that are reported to local jurisdictions are reported to the UCR. Sex crimes other than rape, sodomy, sexual assault with an object, and, in NIBRS jurisdictions, fondling, are reported to the UCR only when an arrest is made. Jurisdictions should keep records of all sex crimes recognized in their criminal code that are reported to them. Jurisdictions may adopt categories such as inactive for status of cases that are criminal in nature but have not been solved, are not unfounded, and the investigation has gone as far as it can to date. Such a case is removed from the active caseload but remains technically open pending possible future investigative developments. Jurisdictions may adopt case categories for types of reports that do not fit into any of the crime categories. Such non-crime categories must be used with caution and be reviewed by supervisors. There have been instances when crimes have been inappropriately coded as non-crimes, resulting in non-investigation. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 38 EFFORTS TO ENCOURAGE REPORTING AND ENHANCE PUBLIC TRUST AND TRANSPARENCY The process of reporting a sexual assault is difficult for victims. Law enforcement should consider partnering with community organizations and advocates to create a more supportive atmosphere for victims throughout the reporting and investigation process. • SART/SARRT: provides immediate, specialized response to victims of recent sexual assault, support during the medical examination, and medical care and follow-up. The team typically includes health care personnel, law enforcement representatives, victim advocates, social service agencies, and prosecutors. • Victim Advocates: provide counseling, advocacy, referrals, resources and information, and support. They may also act as liaisons with SANEs, law enforcement, and other criminal justice members throughout the investigation and adjudication process. In the aftermath of a sexual assault, a victim may fail to self-identify as a rape or crime victim. Further, he or she may feel that he/she does not have the emotional or physical capacity to commit to a full investigation and a court trial. Departments should establish systems to capture blind reports, anonymous reports, third party reports, and on-line report options to allow victims to take the investigative process one step at a time. This will allow time for the victim to process the aftermath of the assault, establish trust with an investigator, and become comfortable with the investigative process. • Anonymous reports: departments should establish a system for collecting, documenting, and maintaining evidence while allowing the victim time to recover, consider options, and decide how they would like to proceed. Departments should also consider developing community partnerships to conduct confidential external reviews of sexual assault investigations to ensure victim centered services and comprehensive investigations. Departments should work with multidisciplinary partners to collect, manage, and analyze data regarding sexual assault reporting, medical care, response, investigations, prosecutorial charging decisions, trials, pleas, convictions, and sentencing to stay current and measure effectiveness. Departments should work with community partners and advocacy to develop victim surveys or other opportunities to provide feedback. Departments should analyze and use data to assist in updating policy, identifying training needs, and counseling and commending employees. Departments should consider including victim support information, including agency policies and contact, community referrals, and resources on the agency website in an easily accessible location. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 39 ADDITIONAL TOPICS FOR CONSIDERATION Sexual assault is a complicated crime. The preceding policy and training guidelines provide information regarding sexual assault generally; please note that there are numerous populations that have particular needs that law enforcement should take into consideration when working with, including children, elderly, male victims, individuals with disabilities (physical, mental, or communicative), lesbian, gay, bisexual, or transgender individuals, non-native English speakers, trafficked individuals, and others. Departments are encouraged to collaborate with local community organizations to develop comprehensive protocols to effectively and thoroughly address the needs of various populations. Local police departments are encouraged to partner with colleges and universities in their jurisdiction to create memorandum of understanding or letters of agreement to establish communication and implement effective plans to address sexual assault crimes. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 40 Acknowledgment The development of this document was supported by Grant No. 2011-TA-AX-K003 awarded by the Office on Violence Against Women, U.S. Department of Justice to the International Association of Chiefs of Police (IACP). The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. Content recommendations were submitted by a multidisciplinary group of subject matter experts including prosecutors, law enforcement, advocates, sexual assault nurse examiners, and national training and technical assistance providers. Departments are encouraged to use this document to establish department policy and training content customized to their agency and jurisdiction. Every effort has been made by the IACP National Law Enforcement Leadership Initiative on Violence Against Women staff and partner subject matter experts to ensure that this document incorporates the most current information and contemporary professional judgment on this issue. However, each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered when developing policy and protocols. In addition, the formulation of specific agency policies and training content must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities, among other factors. International Association of Chiefs of Police, National Law Enforcement Leadership Initiative on Violence Against Women 2015 41