Policy Text
Policy
602Fremont Police Department
Sexual Assault Investigations
602.1 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.
602.1.1 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.
602.1.2 POLICY
It is the policy of the Fremont Police Department that its members, when responding to reports of
sexual assaults, will strive to minimize the trauma experienced by the victims, and will investigate
sexual assaults, pursue apprehension and conviction of perpetrators, and protect the safety of
the victims and the community.
602.2 INVESTIGATION CONSIDERATIONS
602.2.1 VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense shall indicate on his/her report
that it is CONFIDENTIAL per Penal Code 293 and refer to the victim as a "VICTIM".
(a)Except as authorized by law, members of this department shall not publicly disclose
the name or address of any victim of a sex crime who has exercised his/her right to
confidentiality (Penal Code § 293 (c) and (d)).
602.2.2 OFFICER RESPONSIBILITY
Whenever there is an alleged violation of Penal Code §§ 243(e), 261, 261.5, 273.5, 286, 288a or
289, the assigned officer shall accomplish the following:
(a)Immediately provide the victim with the "Victim Resource Pamphlet" (PD - 006)
containing Victim's Rights and services available to the victim including the names
and locations of rape victim counseling centers within the county and their 24-hour
counseling service telephone numbers (Penal Code § 264.2(a)). Refer to Appendix
602 for an example of this pamphlet.
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Fremont Police Department
Sexual Assault Investigations
(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(b)(1)).
1.Prior to any such examination the assigned officer shall ensure that the victim
has been properly informed of his/her right to have a sexual assault victim
counselor and at least one other support person present (Penal Code § 264.2(b)
(2)).
2.A support person may be excluded from the examination by the officer or the
medical provider if his/her presence would be detrimental to the purpose of the
examination (Penal Code § 264.2(b)(4)).
(c)Sexual Assault Response Team (SART):
1.SART exams are conducted as an evidentiary medical examination in cases of
Penal Code § 261 (Rape), Penal Code § 262 (Spousal Rape), Penal Code §
289 (Penetration by a Foreign Object), Penal Code § 286 (Sodomy), and other
appropriate cases. A SART exam should be conducted if the officer or victim has
actual knowledge or suspects that a sexual assault has occurred. THE VICTIM
MUST CONSENT TO THE EXAM. Victims who choose not to assist with an
investigation, do not desire that the matter be investigated or wish to remain
anonymous may still consent to the collection of evidence under their control. In
these circumstances, the evidence should be collected and stored appropriately.
2.Acute cases are those that occurred within 72 hours of the last reported assault.
Non-acute cases are those that occurred more than 72 hours after the last
reported assault.
3.For all acute sexual assaults involving victims 14 years and older, the
investigating officer should use Washington Hospital in Fremont. Highland
Hospital in Oakland should be used as an alternative if Washington Hospital is
unable to conduct the exam. Children's Hospital in Oakland shall be used for
children 13 years or younger.
4.Non-acute adult sexual assault victims should be referred to Washington
Hospital or Highland Hospital Emergency Departments only when other
articulable conditions exist that indicate a sexual assault examination would be
appropriate. Examples of such conditions might consist of a medical emergency
and the probability of evidence/injuries still present on the victim's body.
5.Non-acute cases of children 13 and under can be referred to the Center for Child
Protection at Children's Hospital.
6.The officer/detective will advise the victim that this exam is an evidentiary exam
and is paid for by the investigating agency. If the patient does not consent to use
the exam for evidence collection, the cost of the examination is the responsibility
of the patient. Medical expenses for treatment of injuries resulting from a sexual
assault are the responsibility