PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25
Issued Date: 12-22-17 Effective Date: 12-22-17 Updated Date: 08-05-21
SUBJECT: RAPE AND OTHER SEX OFFENSES PLEAC 4.14.1
1. POLICY
A. The Special Victims Unit (SVU) shall investigate all incidents of rape and all other sex offenses.
1. In cases where misdemeanor level sexual contact is made with a victim during the course of another felony crime, the higher grade crime will be handled by the detective division of occurrence.
2. The SVU shall investigate all incidents of felony sexual assault when an additional offense is committed (e.g., the victim is robbed and raped), except homicide offenses.
3. Investigations that target Philadelphia Police Department (PPD) personnel will be conducted jointly by Internal Affairs and the SVU, with Internal Affairs serving as the primary investigative unit. Internal Affairs will be responsible for making the necessary arrests and for completing all investigative and arrest reports. The SVU will be utilized as expertise support.
B. A report of the criminal incident shall be taken regardless of the length of time between the date of alleged occurrence and the date reported.
C. Resistance by the victim of a sexual offense shall not be required to prove the validity of the offense.
D. The Crime Scene Unit (CSU) shall provide service to the SVU on a priority basis.
E. SVU will be responsible for the completion of all Case Reports into the PremierOne *3 Records Management System (P1RMS) whenever they are responsible for the investigation. Entry into the P1RMS must be accurate, complete, and entered in a timely fashion for supervisory approval.
F. A rape victim shall not be transported to any other police facility prior to being transported to the SVU, unless approval is given by an SVU supervisor.
DIRECTIVE 5.25 - 1
G. The collection, transport, analysis, and storage of Sexual Assault Kits (SAK) shall be in compliance with the Sexual Assault Testing and Evidence Collection Act. 35 P.S. § 10172.1 – 10172.5, Act 27 of 2015.
1. In compliance with Act 27, the PPD Office of Forensic Science (OFS) shall file an annual report on the status of SAK backlogs, as required by the Pennsylvania Department of Health.
*4 2. SEX OFFENSES DEFINED UNDER THE NATIONAL INCIDENT BASED REPORTING SYSTEM (NIBRS)
A. 11A-11D Sex Offenses – Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
B. 11A – Rape(except Statutory Rape) – The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. (See page 39,2019.2.1 National Incident-Based Reporting System User Manual, September 30, 2020).
C. 11B – Sodomy – Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
D. 11C – Sexual Assault With An Object – To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
E. 11D – Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary of permanent mental or physical incapacity.
NOTE: An “object” or “instrument” is anything used by the offender other than the offender’s genitalia, e.g., a finger, bottle, handgun, stick. If the offender both raped, sodomized, and sexually assaulted the victim with an object in one incident, report all three offenses.
DIRECTIVE 5.25 - 2
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3. PROCEDURE
A. The first police officer(s) receiving the initial report of a rape or other sexual assault shall:
1. Render first aid to the victim (if necessary).
NOTE: Officer(s) will ensure that victims refrain from eating, drinking, smoking, changing clothes, or using restroom facilities prior to medical/forensic screening.
2. Ensure the crime scene is protected in accordance with Directive 4.1, “Responsibilities at Crime Scenes.”
3. Provide flash information to Police Radio when the offender(s) has recently fled the scene. The Radio Memorandum (75-611) shall be used to provide Police Radio with a description of the offender(s). Whenever possible, use the telephone to provide Police Radio with flash information.
4. Ensure that the victim is transported to the Special Victims Unit.
NOTE: Victims who have sustained serious injuries shall be transported to the nearest hospital for emergency treatment.
5. Contact the SVU Operations Room by phone, if available. Otherwise, request that Police Radio contact the SVU Operations Room.
6. Prepare a Complaint or Incident Report (75-48) and submit the report to the Operations Room Supervisor (ORS).
B. The transporting officer(s) shall:
1. Transport sexual assault victims of any age, who have sustained serious injuries, to the nearest hospital.
2. Transport sexual assault victims not requiring emergency treatment, 16 years of age or older, to the Special Victims Unit prior to being transported to the Philadelphia Sexual Assault Response Center (PSARC).
3. Transport sexual assault victims not requiring emergency treatment, under the age of 16, to one of the following hospitals according to the police division wherein the crime is reported:
DIRECTIVE 5.25 - 3
St. Christopher’s Hospital Children’s Hospital Central Police Division Northwest Police Division East Police Division South Police Division Northeast Police Division Southwest Police Division
4. Notify Police Radio and the SVU of the condition of the victim and treatment facility.
5. Remain with the victim until relieved by the assigned investigator or higher authority. 6. Prepare a Complaint or Incident Report (75-48) on the hospital case and submit the report to the ORS.
C. The District Patrol Supervisors will:
1. Ensure compliance, when applicable, with provisions of Directive 4.1, “Responsibilities at Crime Scenes”.
2. Ensure notification to SVU Operations.
D. The Operations Room Supervisor (ORS) will:
1. Obtain a District Control (DC#) number from the district of occurrence. If unable to determine the district of occurrence, the DC number shall be obtained from the district wherein the crime was reported.
*3 2. Code the 75-48 in accordance with the PPD Incident Classification Listing. If necessary, consult with the SVU supervisor prior to coding the 75-48.
3. Enter information on the S&R keeping the complainant’s name and address confidential. Additionally, the complainant’s name and address should not appear *3 on the Significant Incident Report.
*3 4. Ensure all entries into the P1RMS are timely and complete.
E. Supervisor, Special Victims Unit, shall:
1. Ensure prompt notification to the Philadelphia Sexual Assault Response Center (PSARC).
2. Assign investigators to investigate the incident, process the crime scene, and ensure the notification of a family member, unless otherwise requested by an adult victim.
3. Notify the CSU to process the crime scene when necessary.
DIRECTIVE 5.25 - 4
4. Enter information about the incident on the S&R and the Assignment Journal (75- 118), and issue a SVU control number.
5. Direct the investigation and ensure compliance with Departmental procedures.
*3 6. Review and approve the investigator’s findings in P1RMS Case Report.
7. Whenever necessary, review and discuss the legal aspects of any investigation with the pertinent Assistant District Attorney.
F. The assigned investigator(s) shall:
1. Interview the attending physician and/or PSARC personnel and obtain written results of his/her examination.
2. Personally interview the complainant.
a. If the victim is confined to a hospital, the interview will be conducted at the hospital.
b. As soon as possible, a complete interview will be conducted in SVU Headquarters.
c. A thorough initial interview should be sufficient to determine all of the investigative steps to be taken and the evidence sought (e.g., whether or not to take fingernail scrapings, what to look for at the crime scene, which pieces of clothing should be maintained as evidence, etc.).
3. Notify the family of the victim, unless otherwise requested by an adult victim.
a. When applicable, utilize social workers, advocacy groups, and other support personnel available at the medical facility.
4. Ensure that the victim’s clothing is secured and ensure that suitable replacements are provided.
a. Outer clothing should be obtained, because it may contain traces of evidence that could establish contact with the defendant or crime scene.
b. To avoid cross contamination, each article of clothing must be placed in a separate paper bag.
c. All clothing recovered must be recorded on a Property Receipt (75-3).
5. Obtain the Sexual Assault Kit (SAK), if collected from medical staff.
DIRECTIVE 5.25 - 5
a. A SAK shall be taken into the possession of the PPD within seventy-two (72) hours of being notified of its existence.
b. For those cases in which the victim has provided written notice of consent to forensic testing, the SAK and a legible copy of the medical examination shall be submitted within fifteen (15) days, to the PPD Office of Forensic Science (OFS), Evidence Intake Unit (EIU) for analysis within the OFS/ Criminalistics Unit. The medical examination report shall be affixed to the SAK, the SAK shall be placed on a Property Receipt (75-3).
c. For those cases in which the victim has not provided consent to testing, the evidence shall be submitted to the Evidence Custodian Unit (ECU). These SAKs shall remain at the PPD/ECU under proper storage for a period of no less than two (2) years, unless consent is provided before that period. The SAK shall be placed on a Property Receipt (75-3). The property receipt shall be clearly marked “FOR INVESTIGATION” and “Anonymous Kit –NO CONSENT FOR ANALYSIS.”
1) If consent is obtained for a SAK previously marked “NO CONSENT,” the SAK and a copy of the medical examination report shall be submitted, within fifteen (15) days, to the PPD Office of Forensic Science (OFS), Evidence Intake Unit (EIU) for analysis within the OFS/Criminalistics Unit. The medical examination report shall be affixed to the SAK. Documentation of the consent for analysis must also be submitted with the SAK.
d. SAKs shall be maintained under proper seal while in the possession of the PPD. Proper storage for SAKs, pending analysis, is within refrigerated storage within PPD/SVU or PPD/OFS/Criminalistics. Proper storage for analyzed SAKs, submitted directly to PPD/ECU, are room temperature (climate controlled) storage.
*1 e. Annual reports must be filed each year as per requirements of the Pennsylvania State Police.
6. As soon as possible, obtain additional evidence to support the statement of the victim by:
a. Conducting a careful crime scene search, following the procedures outlined in Directive 4.1, “Responsibilities at Crime Scenes.”
b. Attempting to secure all possible evidence from the scene (e.g., sheets, hair, fibers, secretions, blood, etc.).
c. Conducting a detailed neighborhood inquiry.
DIRECTIVE 5.25 - 6
1) The neighborhood investigation should include interviews with:
a) Residents/business owners. b) Persons present or known to have been in the area at the time of occurrence. c) Those persons who pass through the area regularly (e.g., mail carriers, salespersons, etc.).
2) Search area for private/commercial video surveillance equipment.
7. Examine sex offender files to identify suspects who have previously committed offenses. A review of the area, time of day, victim characteristics, and method used to commit the assault, etc., should be undertaken to uncover similarities, patterns and/or trends.
8. Ensure that the victim’s complaint clearly indicates the elements of the crime.
9. Utilize the image retrieval photo gallery to assist in identifying potential suspects.
*3 10. Ensure all reports are completed and updated in the P1RMS Case Report for supervisory approval.
G. Other Offenses
1. The SVU shall investigate other offenses, including, but not be limited to:
*2 a. All Abductions and Attempts to Abduct b. Indecent Exposure c. Child Pornography
BY COMMAND OF THE POLICE COMMISSIONER
FOOTNOTE GENERAL # DATE SENT REMARKS *1 1582 12-29-17 Addition *2 6261 06-21-18 Addition *3 3524 08-02-21 P1RMS/NIBRS *4 4440 08-05-21 Change
DIRECTIVE 5.25 - 7
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25
APPENDIX “A”
Issued Date: 12-22-17 Effective Date: 12-22-17 Updated Date:
SUBJECT: PHILADELPHIA SEXUAL ASSAULT RESPONSE CENTER (PSARC)
1. POLICY
A. The Philadelphia Sexual Assault Response Center (PSARC) is a Non-Emergency facility designated for forensic/medical evaluation following a sexual assault. The goal of the PSARC is to provide quality and compassionate care to victims of sexual assault.
PSARC will expedite emergency room care, create an atmosphere of privacy for the victim, and facilitate a coordinated response by the police, Women Organized Against Rape (WOAR), and the medical team.
B. Located adjacent to SVU, the PSARC is staffed by Sexual Assault Nurse Examiners and is available 24/7 to provide immediate services to sexual assault victims who are 16 years of age or older.
C. The notification process begins with a SVU supervisor directly contacting the PSARC or the on-call emergency notification service.
D. The police officer transporting the victim to the SVU will be directed by the SVU supervisor to escort the victim to the PSARC office and remain in the police waiting room while the nurse conducts the forensic examination. The completed Sexual Assault Kit/Drug Scan will be secured at the PSARC and turned over to a SVU investigator who will ensure submission to either: the PPD Office of Forensic Science, for consent SAKs, or PPD Evidence Custodian Unit, for non-consent kits.
BY COMMAND OF THE POLICE COMMISSIONER
DIRECTIVE 5.25 - 1 APPENDIX “A”
PHILADEPHIA POLICE DEPARTMENT DIRECTIVE 5.25
APPENDIX “B”
Issued Date: 12-22-17 Effective Date: 12-22-17 Updated Date: 08-02-21
SUBJECT: CHILD ABUSE NOTIFICATION PROCEDURE PLEAC 4.6.1
1. POLICY
A. Police officers will promptly report child abuse and suspected child neglect in accordance with the provisions of the Child Protective Services law and this directive. Police officers will, pursuant to the Pennsylvania Child Protective Services Law (23 Pa. C.S. §§ 6301 et. Seq.,), report suspected child abuse either: (1) immediately by oral report to the Pennsylvania Department of Human Services via the established Statewide, toll-free number (Childline Portal), and a written report, which may be submitted electronically, within 48 hours to the department or county agency assigned *1 or (2) immediately via the electronic reporting procedure (Childline Portal) as established in accordance with section 6305 in satisfaction of all notification requirements (04/17).
B. Police officers are required to report suspected child abuse when, in the course of their duties, they have reason to believe that a child is being abused.
C. Police officers are reminded that nothing in the Child Protective Services law shall be construed to restrict the generally recognized rights of parents to exercise reasonable supervision and control when raising their children.
2. PURPOSE
A. Abused children are in urgent need of an effective child protection service to prevent them from suffering further injury or impairment.
3. DEFINITION
A. Child Abuse – for the purpose of this directive, shall be defined as serious physical/ mental injury (not explained by being accidental, sexual abuse, sexual exploitation, or serious physical neglect) of a child UNDER 18 years of age.
DIRECTIVE 5.25 - 1 APPENDIX “B”
Sexual Abuse – defined as the obscene or pornographic photographing, filming, or depiction of children for commercial purposes or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances which indicate that the child’s health or welfare is harmed or threatened.
4. PROCEDURE
A. Serious Neglect and/or Sexual/Physical Abuse
1. Police personnel reporting, observing, or receiving information of sexual/physical abuse, children left alone or unattended, or “children at risk”: (those children who appear seriously neglected as a result of possible malnutrition, lack of medical attention or dangerous environmental conditions) will:
a. Follow the procedure outlined in this directive and those listed in Directive 4.1, “Responsibilities at Crime Scenes.”
b. Prepare a Complaint or Incident Report (75-48) outlining the pertinent details. In these cases, notification to the Department of Human Services (DHS), pursuant to Section 1.A. of this directive and the Pennsylvania Child Protective Services Law, will be made by SVU personnel. The notification date and time must be noted on the appropriate investigative report.
c. Notify the ORS and relay details of the incident.
d. Notify the SVU of the incident and be guided by the instructions of the SVU Supervisor. The SVU will coordinate their investigation with DHS.
2. The following criteria may be used to determine indications of neglect/abuse:
a. Physical abuse: Unexplained bruises, welts, burns, fractures, lacerations, and abrasions.
b. Neglect: Consistent hunger, poor hygiene, inappropriate dress for weather or environmental conditions, lack of supervision, (especially in dangerous activities or long periods and particularly when children of tender age are concerned), unattended physical or medical needs, and abandonment.
c. Sexual abuse: Bruises and/or bleeding in external genitalia, vaginal or anal areas; venereal disease in pre-teens; books, magazines, films, videotapes, photographs, and/or other sexually explicit material.
DIRECTIVE 5.25 - 2 APPENDIX “B”
B. Suspected Child Neglect
1. Police personnel observing children who appear to be neglected as a result of a lack of adequate parental care or supervision, or who have received information from a responsible individual (teacher, caretaker, neighbor, relative), will:
a. Prepare a 75-48 in the district of occurrence outlining the pertinent details to include:
(1) Child’s name, date of birth or approximate age (2) Parents/Guardians name(s) (3) Physical conditions of child/children (4) Environmental conditions (5) Relatives’ name, address, and telephone number
*3 2. The ORS will classify the incident in accordance with the PPD Incident Classification Listing (Code 3140 – Suspected Child Neglect, No Report to Follow) and ensure:
a. Notification to DHS at the Child Abuse Hotline, 215-683-6100.
b. Entries as to date, time, name and position of person notified at DHS are recorded on the 75-48 and the S & R (75-67). ______
BY ORDER OF THE POLICE COMMISSIONER ______PLEAC – Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission.
DIRECTIVE 5.25 - 3 APPENDIX “B”
PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25
APPENDIX “C”
Issued Date: 12-22-17 Effective Date: 12-22-17 Updated Date: 08-02-21
SUBJECT: PENNSYLVANIA MEGAN’S LAW COMMUNITY NOTIFICATIONS PLEAC 2.4.1, 4.8.1(a,b,c,d,e,f)
1. PURPOSE
A. The purpose of this appendix is to provide police personnel with guidelines on the Pennsylvania Sexually Violent Predator Community Notification requirements. The primary goal of the department, in regard to sexual predators, is the protection and safety of the children and citizens in the community. ______
2. POLICY
A. It is the policy of the PPD to comply with the provisions of 42 Pa. C.S. §§ 9799.10 et. Seq., related to written notifications made by the Police Department of the municipality where a sexually violent offender resides.
B. The SVU is designated by the Police Commissioner to ensure community notifications regarding sexually violent offenders are in compliance with Pennsylvania law. The SVU is further designated to ensure compliance with this directive, and will maintain Standard Operating Procedures (SOP) compliant with Pennsylvania law. ______
3. PROCEDURE
A. Community Notification (42 Pa. C.S. § 9799.12)
1. Pennsylvania law allows a community notification of a sexually violent predator or sexually violent delinquent child under two circumstances:
a. In cases where the convicted sex offender is found to be a sexually violent predator or sexually violent delinquent child.
b. When a person enters Pennsylvania under the Interstate Compact Act.
2. The Pennsylvania State Police (PSP) will provide information to the PPD regarding community notification. The notification shall contain the following: a. The name of the convicted sexually violent predator or sexually violent
DIRECTIVE 5.25 - 1 APPENDIX “C”
delinquent child.
b. The address or addresses at which they reside. If the individual is a transient, written notice shall consist of the transient’s temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park, and a list of the places the transient eats, frequents and engages in leisure activities.
c. The offense for which they were convicted, sentenced by a court, adjudicated delinquent, or court martialed.
d. A statement that the sexually violent offender has been determined to be a sexually violent predator or sexually violent delinquent child, which determination has or has not been terminated as of a date certain.
e. A photograph of the sexually violent predator, or sexually violent delinquent child, if available.
f. The notice SHALL NOT include any information that might reveal the victim’s name, identity, and residence. (PLEAC 4.8.1a)
3. Upon receipt of the notification of a sexually violent predator, or sexually violent delinquent child, the Police Commissioner, or their designee (SVU), is required to provide written notification (using a community notification flyer), including the information listed in section 3-A-2-a-f of this Appendix, to the following persons:
a. Neighbors of the sexually violent predator or sexually violent delinquent child:
NOTE: Neighbors are defined as those persons who live or work within 250 feet of Sexually Violent Predator’s or a Sexually Violent Delinquent child’s residence or the 25 most immediate residences and places of employment in proximity to the predator’s or offender’s residence, whichever is greater.
In the case of a homeless/transient Sexually Violent Predator or homeless/transient sexually violent delinquent child, notice is given to those persons who live or work within 250 feet of the sexually violent predator or sexually violent delinquent child’s transient location or the 25 most immediate residences and places of employment in proximity to the sexually violent predator or sexually violent delinquent child’s transient location, whichever is greater.
b. The Director of the Department of Human Service (the County Children and Youth Service Agency for Philadelphia) where the sexually violent predator or sexually violent delinquent child resides. c. The Philadelphia School District Superintendent and the equivalent officials for DIRECTIVE 5.25 - 2 APPENDIX “C”
private and parochial schools in the municipality where the sexually violent predator or sexually violent delinquent child resides or is transient.
d. The Philadelphia School District Superintendent and the equivalent officials for private and parochial schools located within a one mile radius where the sexually violent predator or sexually violent delinquent child resides or is transient.
e. The licensee of each certified daycare center and licensed preschool program and owner/operator of each registered family daycare home in the municipality where the sexually violent predator or sexually violent delinquent child resides or is transient.
f. The president of each college, university, and/or community college located within 1,000 feet of a sexually violent predator’s or sexually violent delinquent child’s residence or is transient. (PLEAC 4.8.1b)
B. Urgency of Notification
1. This notice is to be provided within the following time frames:
a. To neighbors, notice shall be provided within five (5) days after obtaining information of the sexually violent predator’s or sexually violent delinquent child’s release date and residence location has been received by the PPD. Verbal notification may be used if written notification would delay meeting this time requirement.
b. To all others, notice shall be provided within seven (7) days after information of a sexually violent predator’s or sexually violent delinquent child’s release date and residence location has been received by the PPD. (PLEAC 4.8.1c)
C. Public Notice
1. All information provided in accordance with this directive shall be made available, upon request, to the general public. Information may be provided by electronic means, thus, the public may be referred to the PA State Police Megan’s Law website link on the PPD website: http://phillypolice.com; or directly to: http://pameganslaw.state.pa.us
D. Documentation
1. All notifications pursuant to this directive and as required by law, will be *3 documented in the appropriate P1RMS Case Report to ensure compliance with PA State Law.
E. Interstate Parolees DIRECTIVE 5.25 - 3 APPENDIX “C”
1. The duties of police departments described herein shall also pertain to individuals who are paroled to this Commonwealth pursuant to Section 33 of the Pennsylvania Board of Probation and Parole Law.
F. Duty to Inform Victim (42 Pa. C.S. § 9799.26)
1. When an individual is determined to be a sexually violent predator or sexually violent delinquent child by a court under Section 9799, the Police Commissioner, or his designee (SVU), shall give written notice to the sexually violent predator’s or sexually violent delinquent child’s victim when the sexually violent predator or sexually violent delinquent child registers initially and when they notify the PSP of any change of residence, employment, or enrollment as a student. This notice shall be given within 72 hours after the PPD receives notification that a sexually violent predator or sexually violent delinquent child is registered or notified the PSP of a change of residence, employment, or enrollment as a student. The notice shall contain the sexually violent predator’s or sexually violent delinquent child’s:
a. Name b. Residence (address or addresses where they reside) c. Address of employment and the address where the sexually violent predator or sexually violent delinquent child is enrolled as a student.
NOTE: The duties described above in Section 3.F.1 have been assumed by the Pennsylvania Office of Victim Advocate. Municipal Police are no longer responsible to notify the victim(s) of the SVP/SVDC. (PLEAC 4.8.1e)
2. A victim may terminate the duty to inform set forth in Section 3-F-1 above by providing the PPD or the PSP with a written statement releasing the Department from the duty to comply with victim notification.
3. When an individual is not determined to be a sexually violent predator or sexually violent delinquent child by a court under Section 9795.4, the victim shall be notified in accordance with Section 201 of the act of November 24, 1998 (P.L. 882, No. 111), known as the Crime Victims Act.
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4. DEFINITIONS
A. Residence - As defined by 42 Pa. C.S. § 9799.12, a location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year. The term includes a residence which is mobile, including a houseboat, mobile home, trailer or recreational vehicle.
DIRECTIVE 5.25 - 4 APPENDIX “C”
B. In the case of a sexually violent predator or sexually violent delinquent child failing to establish a residence and being a transient, written notification shall include residents in the area of the transient’s last known temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. When the sexually violent predator or sexually violent delinquent child lives in a common interest community, written notification shall include the unit owner’s association and residents of the common interest community. ______
BY COMMAND OF THE POLICE COMMISSIONER ______PLEAC – Conforms to the standards of the Pennsylvania Law Enforcement Accreditation Commission
DIRECTIVE 5.25 - 5 APPENDIX “C”