INVESTIGATING SEXUAL ASSAULT
Model Policy
Effective Date
October 1, 1993
Number
Subject
Investigating Sexual Assault
Reference
Distribution
Special Instructions
Reevaluation Date
September 30, 1994
No. Pages
2
I.
PURPOSE
The purpose of this policy is to provide officers with guidelines for responding to
complaints of sexual assault, for dealing with victims, interfacing with local health and
welfare agencies, and conducting interviews with victims and witnesses.
II.
POLICY
Sexual assault victims are typically traumatized and many, because of the extremely
personal nature of the crime, are too embarrassed to report the offense to police. Often
the fear of investigative, medical and prosecutorial procedures adds to a victim's
reluctance to report, or unwillingness or psychological inability to assist in the
investigation. Officers and criminal investigators play a significant role in the victim's
willingness to cooperate in the investigation and her ability to cope with the emotional
and psychological aftereffects of the crime. Therefore, it is this law enforcement agency's
policy to provide victims of sexual assault with compassion and consideration, and with
the necessary information and assistance to make their interaction with the criminal
justice system easier.
III.
DEFINITION
Sexual Assault: Sexual assault, as referenced in this policy, includes rape and other
forcible, non-consensual sex acts as defined by law, in relation to adult femaleand
infrequently malevictims. Investigating sexual assaults against juveniles should also
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incorporate procedures set forth in this agency's policy on child abuse and neglect.
IV.
PROCEDURES
A.
Emergency Communications Center (ECC)
ECC personnel play a critical role in focusing the initial police response by
compiling necessary information concerning the victim and offender and
providing initial aid and comfort to the victim. This includes
1.
ascertaining the medical condition, needs and location of the victim, time
of the incident, description of the suspect and direction/mode of travel;
2.
advising the victim not to change clothing, shower or touch anything in the
immediate area; and
3.
staying on the telephone with the victim to provide assistance and comfort
until a patrol unit arrives on the scene.
B.
Initial Response
Initial responding officers should be primarily concerned with the well-being of
the victim and, where circumstances allow, should initiate investigative
procedures that will facilitate the identification and arrest of suspects.
1.
With regard to victim assistance, the officer shall
a.
render necessary first aid and request emergency medical
assistance if required; and
b.
attempt to gain the victim's trust and confidence by showing
understanding, patience and respect for personal dignity; using
language appropriate to the age, intelligence and emotional
condition of the victim; informing the victim that an officer of the
same sex will be provided if desired and available; and helping the
victim to locate family or friends for emotional support or to obtain
outside assistance from victim advocates.
2.
With regard to initial investigation and enforcement actions, the officer
should
a.
limit investigative questioning to those matters necessary to
identify the victim and to describe and locate the suspect;
b.
relay pertinent information to ECC personnel;
c.
determine the victim's emotional and physical ability to answer
questions concerning the assault and limit questioning accordingly;
d.
conduct questioning in private and only by one officer;
e.
generally, avoid asking detailed, intimate questions regarding the
assault;
f.
protect the crime scene to include bedding, clothing, and related
materials and areas, and ask the victim not to wash until a medical
examination has been performed;
g.
request the victim's consent to undergo a medical examination,
emphasizing its importance to investigative and apprehension
efforts;
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h.
C.
accompany the victim to the hospital and relay pertinent
information concerning the assault to the examining physician;
i.
remain on hand at the hospital (but not witness the examination)
until family members, support service personnel or criminal
investigators arrive;
j.
ensure that the medical examination includes collecting blood and
saliva samples, pubic hair and head hair samples and combings,
fingernail scrapings, vaginal smears, oral swabs and photographs,
where appropriate, and ensure that evidence is properly stored and
identified; and
k.
arrange for the victim to provide a statement to investigative
officers whether or not a medical examination was conducted.
Follow-up Interview
An investigative officer will be assigned to the follow-up investigation as soon as
possible after the initial complaint and will remain responsible for the case until it
is closed or removed from his responsibility. This officer shall
1.
compile the basic investigative information contained in the initial
interview, criminal complaint and medical examination;
2.
conduct an initial interview that will allow the victim to describe the
incident without interruption;
3.
determine the victim's emotional and physical ability to submit to an indepth interview and schedule the interview as soon as these factors will
allow following the incident, during which the investigator shall
a.
employ a comfortable setting that affords privacy and freedom
from distractions, attempting to obtain all necessary information at
this time;
b.
explain the need for obtaining detailed information concerning the
crime to include details of the sex act, the suspect's modus
operandi, clothing, means of restraining the victim and the use or
availability of weapons; any words used or instructions given to the
victim; marks, scars, tattoos, deformities or other unusual physical
features or body odors of the suspect; and any witnesses,
participants or accomplices that may be described or identified by
the victim;
c.
document the victim's actions in response to the attack to include
the type and degree of any resistance offered, the nature of any
acquaintance with the suspect to include any prior intimate
relationships and the state of mind of the victim during the attack;
d.
determine the degree to which the victim has received support
services from family, friends and victim advocacy groups and
encourage/facilitate these interactions where necessary;
4.
determine whether the victim has filed any sexual assault complaints in the
past or has a criminal record;
5.
review the victim's account of the event in order to clarify any
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6.
7.
8.
9.
discrepancies with earlier accounts and to elaborate on issues of
significance to the prosecution;
encourage the victim to prosecute the case should she hesitate to do so,
emphasizing the importance of prosecution for public safety;
solicit the victim's continued support in the investigation, apprising the
victim of future investigative and prosecutorial activities that will or may
require involvement and cooperation;
work with the prosecutor's office to develop the case, to familiarize the
victim with the types of inquiries that may be faced during crossexamination and to ensure that requests for victim protection orders are
made where indicated; and
maintain continued contact with the victim to ensure that appropriate
mental health and other support services are readily available.
This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of
the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of
Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this
document are those of the author and do not represent the official position or policies of the United States Department of Justice.
Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this
model policy incorporates the most current information and contemporary professional judgment on this issue. However, law
enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement
agency. 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. In addition, the
formulation of specific agency policies 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.
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