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Rape and Other Sex Offenses, Directive 5.25

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Rape and Other Sex Offenses, Directive 5.25 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 ______________________________________________________________________________ 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).
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