Policy Text
Policy
601San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentSexual Assault Investigations - 1Sexual Assault Investigations
601.1 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.
601.1.1 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.
601.2 POLICY
It is the policy of the San Luis Obispo 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.
601.3 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Sexual Assault Investigations
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentSexual Assault Investigations - 2601.4 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.
601.5 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call to
the 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.
Whenever 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.
601.5.1 VICTIM RIGHTS
Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:
(a)Prior to the commencement of the initial interview, 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, about any other rights of a sexual
assault victim pursuant to the sexual assault victim card described in Penal Code §
680.2, and the right to have a person of the same or opposite gender present in the
room during any interview with a law enforcement official unless no such person is
reasonably available (Penal Code § 679.04).
(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).
1.The officer shall not discourage a victim from receiving a medical evidentiary or
physical examination (Penal Code § 679.04).
2.A support person may be excluded from the examination by the officer or the
medical provider if the support person's presence would be detrimental to the
purpose of the examination (Penal Code § 264.2).
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Sexual Assault Investigations
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentSexual Assault Investigations - 3601.5.2 VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the
victim’s parent or guardian if the