The National Center for Women and Policing
http://www.womenandpolicing.org/
Publication Date: May 2001
This section was written by Dr. Kimberly A. Lonsway, Research Director, National Center for Women & Policing
Content of this module was developed partly on the basis of material from the following sources. The National Center for Women & Policing would like to gratefully acknowledge the assistance of the organizations that produced these materials.
When first responding to the scene of the crime, officers should use professional judgment and follow state law and department policies and procedures in determining a proper response to the radio call. Officer and victim safety must always be the first priority.
Because officers are expected to have a general understanding of the techniques for conducting a preliminary investigation, the following are intended to represent only those aspects of the preliminary investigation that are unique to sexual assault cases.
Some departments have developed a reference card for officers to keep with them, so a brief summary of departmental protocol is available for use on a sexual assault call. Such a card could be developed on the basis of this module, as well as state law and local policy.
Communications personnel should be trained to ask whether a sexual assault victim has bathed, douched, urinated or otherwise altered her physical self, or engaged in any activity that may have contaminated or destroyed valuable evidence such as semen, saliva, hairs, etc.
See the module on communications for appropriate procedure by call takers and dispatch personnel.
Police and communications personnel should refrain from judging a sexual assault victim or case based on information obtained from the victim or reporting party. Every victim responds differently depending on their own background, personality and the circumstances of the assault and so it is impossible - and inappropriate - to judge the validity of the claim based only on this preliminary information. (Refer to the module on "Victim Impact" for a complete discussion on common reactions and experiences of women who have been sexually assaulted.)
The bottom line is this: regardless of your "gut" feelings regarding a particular victim or case, proper investigative procedures must be followed for every sexual assault reported.
When responding to a hot call and approaching the scene, be alert to people, vehicles, or objects that may be connected to the crime. Evaluate the scene for possible threats. For example, determine whether the suspect is still in the area, whether weapons were/are present, whether witnesses are hostile, etc. Follow departmental policy and maintain the primary focus on victim and officer safety at all times.
As we have stated repeatedly, most victims delay reporting their assault to police - if they report at all. For this reason, it is imperative that the responding officer be patient regarding any hesitancy by the victim.
Keep in mind that many state laws allow victims to report to police up to several years after the sexual assault. For this reason, officers must be familiar with the statute of limitations in their state for each specific crime classification; in many cases, this will depend on the age of the victim at the time of the assault.
Always remember that a delayed report should not deter a thorough investigation.
Evaluate the need for emergency medical care. If emergency medical care is needed, paramedics will transport the victim to the nearest trauma facility. Reassure the victim that she is safe and that her physical and emotional well-being is a top priority.
During the initial contact with the victim, make every effort to ensure that she is as comfortable as possible. Avoid standing over the victim during this initial contact. Use simple terminology and avoid cop/legal jargon. Be sensitive of your body language and watch the victim's body language for signs of distress. Avoid reacting negatively to statements made by the victim. Use the victim's own terminology and clarify the meaning of slang terms for your report.
During both initial and follow-up contact with the victim, follow guidelines provided in the module on victim interviews.
At this time, only minimal information is needed to confirm that the victim was sexually assaulted. However, you need to learn enough information to establish the elements of the crime(s), identify witnesses, suspect(s), potential evidence, and the crime scene. Again, consult the module on victim interviews for guidelines on how to professionally elicit such information.
If the suspect is present (more likely when responding to a hot call than a delayed report) and he has been identified, detain him and remove him from the scene. Determine if the offender denies having sex with the victim or whether he admits to having consensual sex. It is important to discover this information as soon as possible since it will determine the investigative strategies you need to use to properly investigate the sexual assault.
Consult the module on offender dynamics and interview techniques for suggestions on how to handle these contacts.
As discussed at length in the module in law and investigative strategy, it is critical for officers to determine which "type" of sexual assault has been committed because this will every aspect of the investigation.
In these cases, your investigation will focus on information that corroborates the victim's level of intoxication. For example, you would want to document whether the victim was vomiting or whether witnesses last saw the victim be carried out of the bar by the suspect. (For further information, see the module on drug facilitated sexual assault).
This type of case requires that the investigating officer establish whether the victim has the intelligence capable of understanding the act, its nature, and its possible consequences. The investigation must also support the fact that the offender knew the victim was incapable of giving effective consent at the time of the assault. (For more information on this topic, see the module on special populations, including victims with developmental and other types of disability.)
In this type of case, the officer will need to document the presence of force or threat during the sexual activity. It is important to get statements from the victim regarding what she was thinking and feeling during the assault, to demonstrate that she submitted out of fear and did not consent.
For an expanded discussion of the various types of sexual assault, the defense that is most likely to be raised, and the type of evidence required to overcome this defense - see the module on law and investigative strategy.
Officers must clearly understand that the investigation of each "type" of sexual assault requires corroboration of an entirely different nature. In other words, the information needed to prove the elements required for these investigations is unique to that specific crime.
In addition to these various "types" of sexual assault, cases also differ in whether the suspect is likely to raise a defense based on identification or consent. For this reason, it is important to determine as soon as possible whether the suspect is likely to deny sexual contact with the victim or claim that she consented.
Again, consult the module on law and investigative strategy for a discussion of how an anticipated defense strategy affects the investigation of sexual assault.
When responding to any sexual assault crime, do not hesitate to request additional resources. Officers must be able to assess personnel and equipment needs to ensure thorough and efficient crime scene processing and evidence collection.
Depending on the size of your agency and resources, consider using fire and paramedics to record license plates of vehicles, stand by with the victim, or secure a scene until the appropriate personnel arrives to assist. Advise responding officers how to approach the scene to prevent contamination of evidence.
As soon as practical, officers should contact the victim advocacy services in their jurisdiction. In the majority of cases in which the report is delayed, this contact can and should be made almost immediately - especially if the victim has reported to a hospital or police department.
With a hot call, some victim advocacy services will report to the crime scene to assist the victim throughout the preliminary investigation. In other cases, advocates do not respond to the crime scene but can meet the victim at the hospital or police department. Depending on the type of assault and the length of time the victim will have to remain at the scene to assist with identifying suspect(s) and evidence.
Identify and secure the crime scene(s) to ensure that evidence is not contaminated or destroyed. Limit crime scene access to essential personnel and record identity and information for anyone who enters or leaves. Also determine whether there is a secondary crime scene.
Of course, the victim's body is always one crime scene. Since evidence deteriorates as time passes, victims should be transported for a forensic examination as soon as practically possible. This forensic examination must never be conducted by the officer; it is conducted by medical personnel, following guidelines outlined in the module on the forensic examination.
In addition, the clothing left at her house and the actual scene of the assault must also be identified and processed for evidence. Crime scenes must be processed exhaustively, because once a crime scene is abandoned there is the potential for evidence to be lost or destroyed. Furthermore, a search warrant may be necessary for further access.
Finally, when identifying and securing crime scenes it is important to remember not to overlook vehicles. If the assault occurred inside a vehicle the vehicle should be impounded for later processing by your crime laboratory (depending, of course, on departmental policy).
Search warrants should be obtained if:
Do not hesitate to obtain the appropriate warrants needed to complete a proper search for all relevant evidence.
Potential evidence in a sexual assault case includes:
Although most of the evidence listed above is traditionally used to identify an assailant, note that some items may also be used to document force or threat.
If the victim was forcibly assaulted and you anticipate a consent defense, your investigation should focus on collecting evidence to corroborate the use of force or threat to perpetrate the assault. For example, the officer should determine:
Photographs and/or video documentation is critical to depict the scene as you first saw it, including the condition and location of recovered evidence. Such visual documentation is also especially helpful to the prosecutor in court.
If there are numerous potential witnesses -- for example at a fraternity party, RAVE party, or night club -- assign one officer to monitor the witnesses in order to prevent them from talking to each other and to collect some form of identification from each person present. Record names, addresses, telephone numbers and other contact information.
Keep in mind that although there will rarely be eyewitnesses to the sexual assault, there may be any number of corroborating witnesses, such as a neighbor who heard a scream, or the gas station attendant who noticed the victim crying in her car.
It is especially important that the victim be questioned about who she first told about the assault. This person(s) must be identified and interviewed. These outcry witnesses can be used to boost the credibility of the victim, especially in the case of a delayed report or in a consent defense.
Once the scene is manageable and the victim is as comfortable as possible, conduct a preliminary interview with the victim. This interview should take place in privacy and without distractions.
Make sure the victim understands you might ask her questions to which she does not know the answer. Reassure her that this is okay and she can tell you when she doesn't know or if she needs time to think about the answer. Your questions will most likely include the following:
When documenting the victim's statements, do not sanitize them. Preserve them -- they are important. For example, if she says, "that bastard John Dollard did this to me!" record this statement verbatim. Do not indicate that "the victim identified John Dollard as the suspect."
Document all facts and observations, including the physical and emotional condition of the victim. Be specific when describing the condition of the victim. For example, indicate that the victim was tearful and trembling, rather than just "upset," or that the victim's shirt was torn and shoe was missing rather than noting that she appeared "disheveled."
Although you will be extremely busy coordinating the crime scene and the investigation, take a few moments to explain the procedures to the victim. The use of a multi-disciplinary team is extremely helpful for this purpose because an advocate can provide emotional support to the victim and take the time to explain what you are doing and why.
First responders must determine whether a forensic sexual assault examination should be obtained for the victim. The following are offered as guidelines for this assessment, however, officers should of course refer to departmental policies and community protocol.
The examining nurse or physician should be briefed about the details of the assault as you have come to know them. You should also arrange for a briefing with the same nurse or physician after the examination.
The examiner should alert you of any obvious forensic findings, such as carpet fibers, or other debris that might be connected to your crime scene. Finally, be sure to carefully document the findings of the examination.
Even if a forensic examination is not authorized by law enforcement, encourage all sexual assault victims to get medical attention, including testing for pregnancy and sexually transmitted diseases.
If the suspect is outstanding, broadcast the crime committed, the identity or description of the suspect including any vehicle involved, which direction the offender was last seen headed, and whether the suspect is known to be armed.
If the suspect has not been identified but is believed to be in the area, determine whether you will conduct a curbstone line-up (show up). If a curbstone line-up is conducted, make sure the victim is offered some distance from the suspect, as she is likely to feel frightened and/or threatened by the procedure.
Officers need to be cognizant of possible attacks to the show-up identification, to address these concerns and ensure that appropriate procedures are followed. For example, officers must be aware of the potential ramifications of any comments made to the victim about the person in custody, whether the suspect was in handcuffs or in the back seat of a patrol car, etc. Depending on the circumstances of the assault, handcuffs might be appropriate, however, officers need to be aware of the suggestibility of such acts and document the reasons for them in their report.
Depending on the policies of your department and prosecuting agency, the following factors need to be considered when determining whether an immediate arrest should be made:
When the report is delayed it is likely that much of the physical evidence will have deteriorated and witnesses will be unavailable at the time of the report.
Finally, postponing an arrest can allow the officer to determine whether a search warrant or other tactics (such as a pretext phone call) could be used to develop incriminating evidence. (Again, see the module on suspect interviews for additional tactics and more specific guidelines.)
If the suspect has been arrested, read him his Miranda rights and obtain a statement about what happened. In the initial stages of the investigation, this should be a non-threatening interview.
Depending on the policies of your department and prosecuting agency, consider audio taping the interview in the field. See the module on suspect interviews for further information.
Immediately following the preliminary suspect interview, determine whether a forensic sexual assault examination should be obtained. Consider the length of time since the assault occurred, the nature of the assault, whether the victim believes she injured the suspect, and the likelihood that evidence, cells, or fluid were transferred from the victim to the suspect.
Many departments find it helpful to develop a "checklist" or other guidelines to assist first responders in the preliminary investigation of sexual assault. Two examples of such forms are provided in the appendix. The first is from San Diego Police Department and the second is from Denver Police Department.
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