Investigating Sexual Assault A Guide for Law Enforcement Officers Montana Department of Justice RTME EPA NT D O A F J N U A S T T N I C O E M A T X T O O F R N IM EY T GENERAL Preface ————————————————————————————— The Montana Department of Justice was awarded the Office of Justice Programs: Bureau of Justice Assistance Sexual Assault Kit Initiative Grant funded through the Montana Department of Corrections Crime Control Bureau. The Montana Sexual Assault Kit Initiative is comprised of a SAKI Task Force assembled by Attorney General Tim Fox. Our goals are to end the backlog of untested sexual assault kits, strengthen victim services, prevent revictimization, and provide training on best practices for investigating sexual assault crimes. As a statewide resource, this guide will provide sexual assault investigation techniques and strategies that can be adopted by officers across Montana. Investigating Sexual Assault: A Guide for Law Enforcement Officers consists of best practices for a victim centered, trauma informed response. Recommendations in this guide reflect protocols that enable officers to effectively respond to, investigate, and apply best practices for a sexual assault response. As we evolve our practices and responses to sexual assault, this guide serves as a foundation for sustainable change. Acknowledgments ————————————————————————————— This guide is made possible through the commitment and support of public servants, families, and organizations dedicated to survivors of sexual violence. Through perseverance and hard work, sustainable best practices are changing the way communities in Montana respond to sexual violence. With heartfelt appreciation and respect, thank you to Bryan Fischer, SAKI Training Coordinator and Senior Officer for the Helena Police Department, for your leadership, optimism, and passion for developing the guide. Your determination to train Tim Fox Jon Bennion Bryan Lockerby and educate responders to sexual assault is inspiring. Administrator AttorneyMontana GeneralDepartment of Justice ChiefMontana Deputy Department Attorney of General Justice Montana Department of Justice Montana Attorney General’s Office Montana Attorney General’s Office Division of Criminal Investigation Glen Stinar Dana Toole John Strandell Administrator Montana Law Enforcement SpecialMontana Services Department Bureau of ChiefJustice InvestigationsMontana Department Bureau ofChief Justice Montana Department of Justice Division of Criminal Investigation Division of Criminal Investigation Academy Steven Hagen Dave Bowen Troy McGee Chief of Police Chief of Police Chief of Police (Ret.) Alanna Sherstad Mary Barry Robin Turner Helena Police Department Great Falls Police Department RiesHelena Law Police Group Department VOICE Center Advocate Attorney Kim Dudik Christy Clark Debbie Mulcahy University of Montana City of Whitefish Missoula, Montana Megan Ashton Melissa Schlichting Legislative Representative Legislative Representative ScottCertified Larson SANE Administrator AdministratorSANE Program Coordinator CODISMontana Administrator Department of Justice Forensic Science Division LegalMontana Services Department Division of Justice Montana Department of Justice Kayla Bragg Montana Attorney General’s Office TinaForensic Chamberlain Science Division Joan Eliel Director SAKIMontana Site DepartmentCoordinator of Justice LINCMontana Coordinator Department of Justice Division of Criminal Investigation Montana Department of Justice Kerri Burton Division of Criminal Investigation Office of Victim Services Meaghan Kolar Johnathan Green AmeriCorpsMontana Department VISTA of Justice VictimMontana Grants Department Coordinator of Division of Criminal Investigation SAKIMontana Investigator Department of Justice Justin Stolp Crime Control Bureau Division of Criminal Investigation Nikki Simon Erin Davis Montana Department of Justice SAKICorrections Victim Advocate Project Manager Specialist Chris Shermer Graphic Designer Pre-Press Montana Department of Justice Division of Criminal Investigation Adam Shanks Sarah Cook State Print & Mail Chief of Police David Ortley RTI International Conrad Police Department Detective Sergeant Research Public Health Analyst Montana Law Enforcement Will Harmon Kent Anderson Helena Police Department Detective Assistant Attorney General Editor Montana Department of Justice Academy Kathy Springmeyer Jenny Daniel Pam Ponich-Hunthausen Helena Police Department FarCountry Press Director of Publications Just Response Coordinator ACTOUT Psychotherapy and FarCountry Press Missoula City-County Services Counseling Acknowledgments ————————————————————————————— Anastasia Burton Holley Johnson Ron Alles Montana Department of Justice MontanaDeputy Communications Department of Justice Director Office of Victim Services City Manager (Ret.) Montana Attorney General’s Office Amanda Fischer Helena,Mike Linder Montana Eric Gilbertson Sheriff “To my wife, thank you for Detective Sergeant yourPatrick, support” Anna, and YellowstoneMike Colyer County Sheriff’s Office LewisErin Shreder and Clark Sheriff’s Office Preston Fischer Detective Captain ServicesCrime Victim Advocate “Thank you for your Missoula Police Department Missoula City County Victim love and patience” ————————————————————————————— Office of Justice Programs Montana Division of Montana Department of Justice Criminal Investigation Montana Department of BureauMontana of AttorneyJustice Assistance General’s Montana Law Corrections Office Enforcement Academy Montana Coalition Against Forensic Science Division Montana Law and Justice Domestic and Sexual Violence Interim Committee Office of Consumer Protection StateMontana Crime Sheriffs Lab and Peace Sexual Assault Initiative and Victim Services Task Force FarCountry Press OfficersHelena PoliceAssociation Department RTI International Investigating Sexual Assault A Guide for Law Enforcement Officers Written by Bryan Fischer | Montana Department of Justice Table of Contents ——————————————————————— Chapter 1 – Legal Considerations .....................................................................................................................................1 Chapter 2 – Law Enforcement Response ........................................................................................................................17 Chapter 3 – Conducting Investigations ..........................................................................................................................27 Chapter 4 – Documentation ............................................................................................................................................83 Document Samples ........................................................................................................................................................103 • Survivor Conversation Template • Sexual Assault Checklist • Montana Crime Victim Rights • Montana Sexual Assault Tracking System • Generic Consent to Search Electronic Device • Generic Form for Notice of Victims Rights • Generic Search Warrant for Sex Crimes • Generic Email or Social Media Preservation Letter • Generic Online Identity Assumption Consent Form • Generic Preservation Letter for Wireless Phone • Generic Search Warrant Application and Search Warrant for Body INTRODUCTION: A Survivor-Centered Guide to Investigating Sexual Assaults ——————————————————————— At the center of every sexual assault case is a person—a survivor—who has experienced trauma of the most personal and intimate kind. The survivor’s life will never be the same. Often, they suffer physical injuries, and most experience Post-Traumatic Stress Disorder (PTSD). A survivor may struggle with long-term anxiety and feelings of fear, helplessness, and shame. Between 400,000 to 500,000 sexual assaults occur each year in the United States. That’s a rate of nearly one sexual assault every minute. One in three women and one in six men suffer some form of sexual assault in their lifetimes. For American Indian and multiracial women, the statistics are even more dire: nearly half are sexually assaulted in their lifetimes. Research also indicates that 63 percent of sexual assaults are never reported to law enforcement. (A common myth is that survivors of sexual assault make false reports, yet false reports are rare and rates are similar to those of other crimes; only 2 to 7 percent of all reported sexual assaults turn out to be false.) When sexual assaults are reported, law enforcement officers are often the first responders. Unfortunately, our badges are a bit tarnished when it comes to how sexual assault cases have been handled in the past. A lack of education and understanding on how the brain responds to a traumatic event, combined with social and cultural biases led to law enforcement misreading survivor behavior as untruthful and even suspicious. And this confusion led to systemically poor performance—sexual assault reports were often ignored or neglected; investigations were sloppy or incomplete; and suspect apprehension and conviction rates were low. All too often, survivors were traumatized first by the assault and then again by law enforcement’s response to their pleas for help. To reverse these trends, researchers, victims’ advocates, crisis counselors, forensic scientists, medical professionals, and law enforcement professionals have collaborated to develop “best practices”—the most effective strategies, tools, and techniques for responding to and investigating sexual assaults. Together, these best practices form the basis for a survivor-centered/trauma-informed