Sexual_Assault_Investigations

Policy 601CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentSexual Assault Investigations - 1Sexual Assault Investigations 601.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Senior and Disability Victimization policies. 601.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 601.2 POLICY It is the policy of the CSU Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 601.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a)Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b)Conduct follow-up interviews and investigation. (c)Present appropriate cases of alleged sexual assault to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e)Provide referrals to therapy services, victim advocates and support for the victim. (f)Participate in or coordinate with SART. CSU Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentSexual Assault Investigations - 2601.4 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 601.5 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to the Communications Center, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinion of whether the case is unfounded shall be included in the report. Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 601.5.1 VICTIM RIGHTS Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following: (a)Prior to the commencement of the initial interview, advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, about any other rights of a sexual assault victim pursuant to the sexual assault victim card described in Penal Code § 680.2, and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04). (b)If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2). 1.The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 679.04). 2.A support person may be excluded from the examination by the officer or the medical provider if the support person's presence would be detrimental to the purpose of the examination (Penal Code § 264.2). CSU Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentSexual Assault Investigations - 3601.5.2 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and