For Response to Adult Sexual Assault Cases
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STATE OF NEW HAMPSHIRE GOVERNOR’S COMMISSION ON DOMESTIC AND SEXUAL VIOLENCE OFFICE OF THE ATTORNEY GENERAL A MODEL PROTOCOL FOR RESPONSE TO ADULT SEXUAL ASSAULT CASES http://doj.nh.gov/criminal/victim-assistance/documents/sexual- assault-protocol.pdf 2018 Edition It is New Hampshire’s expectation that all disciplines involved in the response to adult sexual assaults will work collaboratively using a victim-centered approach. “This project was supported by subgrant no. 2014WEAX0036 awarded by the state administering office for the Grants to Encourage Arrest Policies Program. The opinions, findings, conclusions and recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women.” Adult Sexual Assault Investigation Checklists These checklists are meant to bring attention to several priority responsibilities for various individuals involved in the response to an adult sexual assault report. They are not intended to exclude any responsibilities that may be identified due to unique circumstances presented during a specific report. These checklists are to be utilized as best practice guidelines. Emergency Communications/Dispatcher have touched, etc. while waiting for an □ Determine nature and location of the officer to arrive incident; identify caller, victim and suspect; any potential risk of injury to □ If a SART trained officer is on duty, the responding officers SART trained officer will be dispatched to the scene. If a SART trained officer □ Confirm victim’s safety and medical is not on duty, a uniform officer will be needs; activate Emergency Medical dispatched to the scene. Services as needed □ Remain on the line with the victim, if □ Check safety concerns (weapons practical, until officers arrive, shown, threatened or used, injuries to especially if the victim is alone and/or victim or suspect) the scene is not safe. □ Determine if any special □ Due to the trauma a victim may be language/access needs exist experiencing, their behaviors may be symptomatic of being in crisis. They □ Seek suspect information; relationship may range from crying, hysteria, rage, with victim, description, still present? laughter, calmness and/or direction of travel, vehicle, etc. unresponsiveness. Do not judge or disregard any victim. □ Limit traffic over police radio that could identify the victim □ Inform the caller before placing him/her on hold □ Provide SANE related evidentiary advisories – not to bathe, change □ Preserve the communications tape and clothes, comb hair, brush teeth, touch printout for the investigation any articles or furniture the suspect may ______________________________________________________________________ EMS Responders □ Introduce yourself and explain you are □ Treat and document assessment findings there to help using appropriate medical treatment protocols without causing undue trauma □ Explain any procedure before touching the patient □ Be alert for patients with impaired capacity due to alcohol, drugs, disability □ Empower patients to make decisions or age regarding their care □ Limit questions to the identification of □ Ask patient if strangulation occurred and injuries and pertinent medical note if patient reports being “choked”; information document signs/symptoms and statements □ Ask when assault occurred and if patient has bathed, showered or changed clothes □ Preserve and document the collection of since then all evidence ______________________________________________________________________ Law Enforcement First Responder □ Introduce yourself and explain you are □ If the Responding Officer is not SART there to help trained, contact a SART trained officer or detective if available □ Speak slowly and calmly; avoid being judgmental or blaming □ If a SART trained officer or detective □ If wearing a body worn camera (BWC), has a delayed response, work with the advise victim, obtain express consent crisis center advocate to facilitate (verbally and/or in writing) to continue transportation to the hospital recording per RSA 105-D □ Remain with the victim until a SART □ Re-evaluate safety for the victim and any trained officer or detective arrives and other person at potential risk the information is transferred to the investigating officer □ Ask if the victim has been strangled or “choked” and document signs/symptoms □ Consider the trauma that may be experienced and how it may be effecting the victim’s emotions, behavior and □ Activate Emergency Medical Services as memory; distraught victims should not needed or encourage the victim to seek be left alone medical care □ If the victim is a vulnerable adult, it is □ Call a crisis center advocate for the mandatory to report to the NH Bureau victim of Elderly and Adult Services at 1 (800) 949-0470 □ Identify the crime and the scene(s) □ Do not conduct a comprehensive interview of the victim; seek □ Establish jurisdiction confirmation of the crime, scene(s) and suspect information; refer to Conducting a Minimal Fact Interview, Page 19 □ Secure the scene(s)/Preserve evidence Transport and secure hospital evidence Determine if the suspect is known and □ □ which may include: their possible location(s) • Sexual Assault Evidence Collection Kit • Small bag containing underwear • Bag(s) containing external victim, scene, suspect and/or witnesses clothing and indicate if BWC was turned off • Urine sample, if appropriate (must be on ice or frozen) □ Securely store BWC recordings no later than end of shift or as soon as □ If suspect needs medical treatment or evidence collected from their body, practicable (per RSA 105-D) advise the hospital to keep suspect separate from the victim □ Make proper agency notifications as applicable by department policy □ Promptly complete the initial incident report which includes observations of _____________________________________________________________________ Law Enforcement Supervisor □ Coordinate securing crime scene(s) □ Follow best practice guidelines for protection of victim privacy and □ Coordinate evidence collection; ensure identification kit is properly stored prior to transport to the Forensic Laboratory for analysis □ Exhibit sensitivity to victims and ensure they are dealt with in a trauma informed □ Assess situation, determine needs and manner (with or without BWC in use) ensure competent response as appropriate for agency □ When reviewing reports, ensure that cases are properly classified and files are □ Notify detective/SART trained officer complete □ Be familiar with NH’s best practice □ Ensure handling of kit is compliance protocol with RSA 21-M:18 upon return from the Forensic Lab. See Guidance in the law enforcement section of protocol _____________________________________________________________________ Law Enforcement Investigator Checklist assault; this generally takes place after □ Re-evaluate safety, activate Emergency the medical/forensic exam; Consult with Medical Services as needed County Attorney’s Office to determine if they want to observe interview. □ Verify collaborative response has been initiated (crisis center advocate, SANE) □ Request medical records release from victim □ Ascertain what disclosure has already been made and to whom (initial officer, □ Determine need for consent or search friend, family member) warrant(s); secure location/person and execute (suspect DNA/evidence, □ If responding to the scene, conduct a computers, phones, storage devices, cars, Minimal Facts Interview (see page 19) if structures, trash). See Appendix G & it has not yet been done. A crisis center Appendix J advocate can be present during initial and comprehensive statements. □ Photograph and collect evidence from the scene(s) □ Follow up with comprehensive/complete victim interview 24 to 48 hours after (phones, e-mail, social media, etc.). See □ Ensure timely transport of evidence to Appendix K & Appendix L Forensic Lab for analysis (especially if the Sexual Assault Evidence Collection □ Run suspect criminal and motor vehicle Kit has been refrigerated) record checks Conduct witness interview(s) – including □ □ Obtain/review all relevant BWC potential disclosure witnesses recordings for the case Conduct and record suspect interview(s) □ □ Promptly and completely document case Take follow up photos of any victim □ □ Conduct thorough review of case prior to bruising or injuries 24-48 hours after the sending case to the County Attorney – assault, then as needed depending on the including all reports, evidence, photos injury pattern and progression and recordings; obtain and review medical/forensic documentation, witness Consider if a one-party call would be □ statements, etc. appropriate for the case. See Appendix H Be available to provide case follow-up in Send preservation letters in order to □ □ consultation with the prosecutor collect available technology evidence ______________________________________________________________________ Evidence Checklist □ All Sexual Assault Evidence Collection □ Collect victim clothing worn at the time of Kits, including Anonymous Kits, MUST the assault if not done by medical be transported to the State Forensic provider/SANE Laboratory as soon as possible. □ Air dry wet items prior to packaging □ Freeze urine (if suspected drug/alcohol facilitated case) if possible prior to transport □ Use separate paper bags for items, NOT to the Forensic Lab plastic, and seal with tape not staples as per NH Forensic Lab best practices □ Refrigerate blood prior to transport