Police Department Policy

SOP #109 - SEXUAL BATTERY

Miami Beach Police Department

Policy Text
I. Responsibilities A. PSCU 1. Upon receiving a call of a sexual battery offense, the Public Safety Communications Unit (PSCU) employee shall keep the caller on the line, exhibit concern and make every effort to comfort the victim (if the victim is the caller) and assure the caller that police units are responding. The PSCU employee shall: [81.2.6b] a. Judge the characteristics of the call to determine whether an emergency or non-emergency response is required; [81.2.6a] b. Obtain the victim’s name, telephone number, address where they are located and incident location; c. Determine if there are injuries requiring medical attention and dispatch a Fire Rescue Unit (FRU), as needed; d. Determine when the crime occurred and advise responding officers; e. Obtain information regarding the subject to include the subject’s name, description, relationship to the victim, presence of weapons, method and direction of escape, vehicle description and possible whereabouts; 1) Establish if the victim personally knows the subject. f. Advise the victim not to bathe, wash or douche. Explain that although natural instincts are to wash immediately, it is in their best interest, for both medical and investigative reasons, not to wash until after the medical examination; g. Instruct the victim not to touch anything and to keep others away from the crime scene so that evidence may be preserved and protected; h. Direct the call to the proper agency if the crime did not occur within the Department’s jurisdiction; i. Issue a “Be On the Look Out” (BOLO), if appropriate. B. Responding Officers [42.1.4] 1. The area patrol supervisor shall determine the number of officers responding to the scene of an in-progress call. [81.2.4e] a. If the subject is on the scene, officers shall not attempt to interview the subject or advise him of his constitutional rights under ordinary circumstances as this shall be done by the lead detective. [42.2.1d] b. Officers shall document any spontaneous statements made by the subject. [42.2.1d] 2. Officers shall ask questions necessary to establish that a sexual battery has occurred and for completion of reports. [42.2.1d] 3. Officers shall determine whether the victim requires immediate medical treatment, render first responder aid as appropriate, and notify PSCU to dispatch FRU if needed. [794.052(1)(a)] a. If FRU determines that the victim needs immediate medical treatment and the victim is transported to a hospital other than Jackson Memorial hospital (JMH): 1) And the victim is not admitted, the officer or detective shall wait for the completion of medical treatment and then transport the victim to the Rape Treatment Center (RTC); 2) And if the victim is admitted, the officer or detective shall contact the RTC and arrange for a physician to respond to the treating hospital to perform an examination. b. If the victim is transported to JMH the officer or detective shall contact RTC and arrange for a physician to respond to perform an examination. 4. If the victim’s injuries do not require immediate hospitalization, the officer shall: a. Advise the victim that he or she may contact the RTC to receive appropriate services, and assist the victim with transportation to the hospital and/or RTC; [794.052(1)(b)] b. Contact the lead detective to determine who shall transport the victim to the hospital and/or RTC; c. Ensure the victim has a change of clothing prior to leaving for the hospital and/or RTC, as torn or stained clothing and undergarments may be impounded as evidence; d. Allow a family member or friend to accompany or follow the victim to the hospital or RTC; and e. “Sexual Battery – Your Rights and Services” Provide victims of sexual violence with a brochure developed by the Florida Council Against Sexual Violence. Provision of the form shall be documented. [794.052(2)] 5. Officers shall determine the scope of the crime scene and maintain and protect it. [42.2.1c] a. “Crime Scene An officer shall be assigned to control access to the scene and complete a Control Log” form. b. The Crime Scene Squad (CSS) shall respond to document and process the scene and collect the evidence. c. SOP #006 – Property and Evidence. The collection of evidence shall be in accordance with

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