Police Department Policy

OAKLAND_TB_IV_C_Sexual_Assault_893

Oakland PD

Policy Text
OFFICE OF CHIEF OF POLICE OAKLAND POLICE DEPARTMENT MEMORANDUM TO: All Personnel DATE: 16 Sep 14 SUBJECT: Revision of Training Bulletin IV -C, SEXUAL ASSAULTS and Training Bulletin IV -E, CHILD ABUSE (Rev. 14 Apr 14) The purpose of th is memorandum is to notify members of a revision to Training Bulletin IV -C, SEXUAL ASSAULTS and Training Bulletin IV -E, CHILD ABUSE . The revision is identical in both documents and only affects follow -up investigators . The revisions are on Page 5 -6 of TB IV -C and p age 23 of TB IV -E, as follows: Previous language: Submit lab requests for analysis of biological material in ALL cases with sexual assault kits and/or biological evidence, absent those deemed UNFOUNDED by the SVU supervisor. A detailed explanation of wh y the case was UNFOUNDED shall be documented in the follow - up investigation by the assigned investigator. Revised language: Evaluate, inventory and assess all evidence for testing. Absent those items listed below as “exceptions” all lab requests for the analysis of biological material, e.g., SART Kits and/or other biological evidence, shall be submitted within 7 -business days of the case being received by an investigator for investigation. However; if additional time is needed to evaluate the case to de termine the necessity of the lab request, this fact must be articulated and documented in follow -up investigation report. Exceptions to making lab requests: Based upon the investigator’s evaluation of the “totality of circumstances” of the case and with the expressed approval of the reviewing SVU supervisor, investigators may elect NOT to have a SART Kit and/or other biological evidence processed and analyzed by the Crime Lab. Reasons for not requesting such action must be clearly articulated and documen ted in the investigator’s follow -up investigation. These reasons may include, but are not limited to: 1. Case is deemed UNFOUNDED, i.e., the crime did not occur; 2. The victim’s lack of credibility and there does NOT appear to be a clear public safety issue; 3. The victim’s outright refusal to cooperate and there does NOT appear to be a clear public safety issue; 4. The investigator has tried but has been unsuccessful in contacting/re-interviewing the victim, to confmn validity ofthe crime; 5. The testing ofthe evidence would have no impact on the case, e.g., both "known" parties admitted to having consensual sex but the victim later removed the consent. [This DOES NOT APPLY TO ANY CASE INVOLVING A CHILD -person under the age of 18] By order of Sean Whent ChiefofPolice Date Signed: '1-11-/1./ POLICE RESPONSE TO SEXUAL ASSAULTS Introduction The role of law enforcement in the area of sexual assault investigation is both diverse and complex. Officers and investigators must ensure that the Department provides effective and compa ssionate service to those who have been victimized, while at the same time, aggressively pursu ing those who have offended and , thus, are a threat to public safety. While no publication can capture every duty and task that needs to be done, this Training Bulletin will provide a general over view of items, at both the preliminary and follow -up stages of the investigation, which will lead to a complete and comprehensive investigation that can be evaluated by the District Attorney ’s Office for charging. This T raining Bulletin has been divided into seven (7) parts/ components: 1. Rape Trauma Syndrome (RTS): Victimology and the Dynamics of Sexual Assault 2. First Responder Responsibilities 3. Follow -up Investigator Responsibilities 4. Supervisory & Command Responsibilities 5. Common Terms, Definitions and Process 6. Common Code Sections 7. Resources for Sexual Assault Victims (Survivors) In the preparation of this publication, input was sought and obtained from the Bay Area Women Against Rape (BAWAR), the Alameda County District A ttorney’s Office, The California Commission on Peace Officers Standards and Training (POST) and experience d investigators from the Oakland Police Department. NOTE : While this Training Bulletin will cover some of the issues involving child related sexual assaults, a more detailed guide on this specific subject can be found in Training Bulletin IV-E, CHILD ABUSE . TRAINING BULLETIN Evaluation Coordinator: YFS S Commander Automatic Revision Cycle: 3 Years “Department Training Bulletins shall be used to advise members of current police techniques and procedures and shall constitute official policy.” Index Number: IV -C Alpha Index: Police Response to Sexual Assaults 16 Sep 14 2 Police Response to Sexual Assaults, Index Number IV-C Part I Rape Trauma Syndrome (RTS): Victimology and the Dynamics of Sexual Assault Rape Trauma Syndrome (RTS)1 is a specific form of a broader c ategory of trauma response called Post-Traumatic Stress Disorder (PTSD). Although PTSD is most commonly associated with the traumatic experiences of Vietnam War veterans, it can be applied to reactions to many forms of trauma, including natural disaster, war, rape, and other forms of violent crime. RTS is specific to the experience of the rape survivor. Reactions to rape are considered separately from other forms of PTSD because of the specific nature of the trauma of rape. One researcher described

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