Sexual Assault Evidence Collection Protocol

 
 
 
 

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PROTOCOL: LAW ENFORCEMENT

DISPATCHER:

1. Obtain and record reporter’s name, address, and phone number.

2. Determine if assailant present; if weapons present or utilized during assault.

3. Determine if emergency medical care is needed and request an ambulance if needed or arrange transportation to the clinic/hospital.

4. Dispatch Patrol Officer(s) according to department policy. Keep victim on line until patrol officer(s) arrive.

5. Advise victim of need to preserve evidence (by not bathing/showering, urinating/defecating, washing garments, eating or drinking anything, brushing
teeth, combing hair, or disturbing anything at the scene, etc.)

RESPONDING OFFICER / DETECTIVE:

General Information:

Actions of the first responders on the scene may have a vital impact on the future psychological well being of the victim. Every effort should be made to relieve feelings of shame or guilt and to treat the victim with a sense of dignity and professionalism that will aid them on their road to recovery and help them in regaining self-esteem!

This preliminary interview with the victim should be quite limited in scope and duration because a victim is frequently traumatized and thus, unwilling & unable to locate the suspect, witnesses and any physical evidence.

If a victim requests an officer of the opposite sex conduct the interview, this request should be honored if possible. The interview should not be conducted
while the victim is in a hospital gown-ALLOW the victim to dress prior to taking report or preferably the medical exam should not begin until the victim has made an initial report.

Rape Crisis Advocates will offer emotional support, and information/referral along with the initial Responding Officer

AARC On-Call Staff: 222-8370
-AFTER HOURS- 226-0868 (cell phone)
222-9394 (Beeper) or 1-800-472-2911.

General Understanding/protocol philosophy:

The preliminary report and assessment may be conducted with the Rape Crisis Advocate (as long as victim is in agreement). This multi-disciplinary team will attempt to gain the victim’s trust and confidence by showing understanding, patience, and respect for personal dignity. Any response will take into account disabilities and be appropriate to the age, educational level, and emotional condition of the victim.

IF VICTIM IS GOING TO HOSPITAL: Rape Advocate should be dispatched immediately by responding officer.

IF VICTIM AT CRIME SCENE: Give a brief explanation of advocacy services and ask if the victim would like to have Rape Advocacy Services. If they do not then give the victim the AARC card and later send the LEDVA a copy of the initial report so a contact letter can be sent to the victim.

IF VICTIM AT THE HOSPITAL: Rape Advocate is to be automatically dispatched by hospital personnel and Rape Advocate will IN PERSON offer services to the victim.

WHEN TIMING & PLACE PERMITS: Patrol Officer/Detective and Rape Crisis Advocate should introduce themselves together to the victim and each of them explains their roles.

Rape Crisis Advocate will ask if the victim wants to utilize their services at this point and if they don’t will then leave information with the victim and discontinue
services.

Law Enforcement Protocol Specifics:

1. Determine if suspected assailant is at the crime scene and make arrest if appropriate.

2. Determine if emergency medical care is needed and request an ambulance if needed or arrange transportation to the clinic/hospital.

3. Reassure victim with appropriate language, such as " I am sorry this happened to you; it’s not your fault; and you are safe now" (if this is true).

4. Ask victim for description/identification of assailant and when applicable, broadcast a BOLO (Be On the Look Out) message regarding suspect.

5. Determine the location of the crime scene and immediately secure it if crime was recent. Collect and impound physical evidence. Take photographs of the
scene.

6. Assess for possibility of drugs being administered to victim during the perpetration of the crime. IF suspected inform medical personnel IMMEDIATELY! (Time is of the essence in collecting urine specimens that are viable)

7. Include in the supplement to the initial report a specific description of the victim’s physical and emotional condition (record any injuries, damage to
clothing, and any information that will be of value in establishing proof of forcible compulsion).

 – Take pictures of visible scars, marks or bruises.

 – Take victim’s garments or other stained or torn objects for semen and blood analysis and as proof of force and penetration. If assault occurred on bed
take the bedding. Place all clothing and bedding in separate uncontaminated paper sacks/product to avoid contamination and deterioration during transport and storage.

9. Determine whether or not the victim wants a medical exam.

10. Arrange transportation to and from hospital with assistance from Rape Advocate.

DETECTIVE:

Initial Interview:

1. Determine information needs for police and prosecutor to minimize necessity of repetitious interviews.

2.Provide appropriate steps to make victim comfortable with interview, that is, remind the victim that they have the right to have an advocate or friend present
during the interview (Rape Advocate will likely have offered this previously AND allow them to dress prior to initial interview) 

Approach the victim in a gentle, supportive manner bearing in mind the physical and psychological damage she has endured.

Provide interpreter services as needed, including language translation for non-English speakers and signing for deaf victims.

Ask victim if they want to file a report and possibly have the case prosecuted. NOTE: Even if a victim does not want to report, the officer may take an
information report to document this decision.

If there is a stated policy about the use of video-equipment, or audio taping, or both, of the interview, inform victim of this process and how the tape will be
used in later proceedings.

Protect the victim’s anonymity and offer privacy for questioning.

3. If arrest is made, examine defendant’s clothing and underwear for rips, and blood or semen stains and note their general condition. Take pictures if possible. Also note any statements or admissions by defendant.

General Guidelines:

L.E. may utilize the RA. that has been working with the victim to accomplish any of the following:

1. Accommodate victim’s needs during investigatory processes that require victim participation, for example interviews, hearings, and line-ups.

Allow victim their right to have a Rape Advocate present during interviews, line-ups and hearings to provide emotional support. This is essential, as the
victim will have emotional issues to deal with prior to and following interviews etc….

2. Address victim’s concerns for safety and the possibility that the assailant may return.

3. Notify the victim when suspect is taken into custody.

4. Advise victim as to custody status of suspect and any changes in that status.

5. Answer any question about law enforcement and the criminal justice system.

6. Caution victim against evidence destruction.

7.Maintain interagency communication with the AARC Advocate that is involved in working with the victim.

Advise AARC Rape Advocate of status of investigation and progress so the advocate can support the victim emotionally and keep communication lines open.

Working with Prosecutor’s Office:

1. Contact the Prosecuting Attorney with evidence.

• If location of assault is on property where victim cannot provide consent then the Prosecuting Attorney is to be contacted to obtain a search warrant for evidence from suspect.

• If a search warrant is needed it is usually obtained immediately to prevent possible disposing/cleaning of evidence.

2. Locate and interview suspect-preferably without advance notice, as suspect will then have time to create oppositional story.

 

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