Policy Text
Field Services Page 1 of 5 07/06 (REV 6/10)
Child Molest
The purpose of this Order is to outline a procedure for handlin g sexual assaults against
children.
I. Penal Code Authority
A. 288(a) PC - Committing a lewd or lascivious act against a pe rson under
the age of fourteen (14) years, with the intent of arousing the sexual
desires of either the suspect or the victim.
B. 288(b) PC - Using force, threats, or menace to commit a viol ation of
288(a) PC.
1. Can also be used when gr eat bodily injury occurs.
2. The suspect being an adult or in a position of trust is not in itself
sufficient.
C. 288(c) PC - The same legal r equirements as above but the vic tim is either
fourteen (14) or fifteen (15) year s old, and the suspect is mor e than ten
years older than the victim.
D. 647.6 PC - Annoying or molesting children.
1. In order to prove this crime , each of the following elements must be
established:
a. A person engaged in acts or c onduct directed at a child
under the age of eighteen (18) w hich would unhesitatingly
disturb or irritate a normal person if dir ected at that person
b. The acts or conduct were mo tivated by an unnatural or
abnormal sexual interest in the child
c. Words spoken by the suspect during, before , or after the
incident can show intent
2. Words or gestures that contai n a sexual connot ation are suff icient
to charge under this section.
Field Services Page 2 of 5 07/06 (REV 6/10) II. General Patterns
A. Incidents of child molest are most often brought to the atte ntion of
authorities by a friend or member of the family, family physici an or school
official.
B. Victim may be male or female.
C. Most offenders are ma le adults, either fa mily members or fri ends of the
family.
D. Most victims do not tell anyone right away.
III. Interviews
A. Interview reporting person first whenever possible.
B. Prior to the interview of the victim at a school, the child must be advised
that, if they wish, a support per son can be present during the interview.
1. Every effort should be made to interview the child alone. A sk
parent(s) to stand by or prearrang e for them to excuse themselv es
during the interview.
2. Parent(s) may visibly react to what the child says, affectin g what
the child may say.
C. Interview techniques.
1. Get at or below the child's eye level.
2. Use words that a child will understand.
3. Use the exact words the ch ild uses to name body parts.
4. Reassure the child that t hey have done not hing wrong.
5. Be sensitive, but avoid touching the child.
6. Use non-leading questions.
IV. Medical Examination
A. If the act occurred within t he past 72 hours, the child may need to be
taken to the County’s child sexual assault exa m provider for an evidentiary
examination. Officers should c ontact the on-call Child Abuse s upervisor
or detective for assistance in determining if an acute exam is needed. In
addition, officers should call t he appropriate facility prior t o arrival. Officers
will provide medical personnel with a report number and synopsi s prior to
departing the hospital.
Field Services Page 3 of 5 07/06 (REV 6/10) If there are any questions in r egards to the need of an evident iary exam,
or if the child complains of pai n or injury and it has been lon ger than 72
hours, officers should contact the on-call Child Abuse supervis or or
detective for assistance.
B. If it has been more than 72 hours , an acute exam is not usua lly needed.
There are circumstances that cre ate an exception (See section I V.A.)
otherwise officers should tell t he parent(s) / care giver that the detective(s)
will make the decision, set the appointment and complete the pa perwork
necessary for the examination . Do not tell the parent(s) to co ntact the
County’s child sexual assault e xam provider on their own.
C. In no instance will Patrol Offi cers take or attempt to take a photograph of,
or try to physically examine t he vaginal area for physical trau ma.
D. If there is a strong possibi lity that evidence exists, and t he parent refuses
to allow the examinat ion, officers should pl ace the child into protective
custody only when a child has suf fered serious physical or sexu al harm, or
will imminently suffer serious physical or sexual harm.
1. If the conditions of imminent and serious threat of harm to life and
health of the child are lacking a t the time of the parents refu sal,
notification to Child Protectiv e Services (CPS) should be made so
CPS can seek a court order to pla ce the child into protective
custody.
E. Consider the opportunity of gat hering clothing as evidence.
F. If the child was already seen by its own doctor or the paren t(s) were
planning on making an appointmen t, officers should obtain a sig ned