Policy Text
Policy
602Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentSexual Assault Investigations - 1Sexual 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 Adult Abuse 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.
602.2 POLICY
It is the policy of the Mountain View 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.
602.3 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.
Mountain View Police Department
Mountain View PD Policy Manual
Sexual Assault Investigations
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentSexual Assault Investigations - 2602.4 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.
602.5 RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim, and especially if there are multiple
crimes where more than one appear to be related, consideration should be given to releasing
information to the public whenever there is a reasonable likelihood that doing so may result in
developing helpful investigative leads. The Investigative Section supervisor should weigh the risk
of alerting the suspect to the investigation with the need to protect the victim and the public, and
to prevent more crimes.
602.6 TRAINING
Subject to available resources, periodic training will be provided to:
(a)Members who are first responders. Training should include:
1.Initial response to sexual assaults.
2.Legal issues.
3.Victim advocacy.
4.Victim’s response to trauma.
5.Proper use and handling of the California standardized SAFE kit (Penal Code
§ 13823.14).
(b)Qualified investigators who should receive advanced training on additional topics.
Advanced training should include:
1.Interviewing sexual assault victims.
2.SART.
3.Medical and legal aspects of sexual assault investigations.
4.Serial crimes investigations.
5.Use of community and other federal and state investigative resources, such as
the Violent Criminal Apprehension Program (ViCAP).
6.Techniques for communicating with victims to minimize trauma.
602.7 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call
to Emergency 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.
Mountain View Police Department
Mountain View PD Policy Manual
Sexual Assault Investigations
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentSexual Assault Investigations - 3Whenever 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.
602.7.1 VICTIM RIGHTS
Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:
(a)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, any
other rights