go-50.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Sexual Battery Investigations CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 50 07/15/1985 11/7/2024 20 AUTHORITY/RELATED REFERENCES FS 794.011, Sexual Battery FS 943.326, DNA Evidence Collected in Sexual Offense Investigations General Order 18, Criminal Investigations General Order 42, Impounding and Controlling of Property and Evidence CIB-17, On-Call Procedures Training Bulletin 20-08, Refuge House SAFE Center Procedures ACCREDITATION REFERENCES CALEA Chapters 82, 83 CFA Chapters 15, 27 KEY WORD INDEX Advocacy Protocols – Adults Procedure XII Advocacy Protocols – Juveniles Procedure XI Call Taking Protocols Procedure I Delayed Reporting of Sexual Battery Incidents Procedure XIV Detective On Scene Responsibilities Procedure VIII Interview Protocols – Adults Procedure IX Interview Protocols – Juveniles Procedure XII Jurisdictional Concerns Procedure XV Juvenile Sexual Battery Victims Procedure XIII Post Investigative Follow-up Review with Victims Procedure X Responding Officer Responsibilities Procedure II SAEK, DNA & CSAM Protocols – General Procedure VI SAEK Protocols – Jane Doe Procedure VII SVU Call-out Criteria Procedure III Transporting Victim to the Hospital Procedure V Transporting Victim to the SAFE Center Procedure IV\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT POLICY The Department is responsible for establishing investigative and victim support protocols for sexual battery incidents. Members shall adhere to established protocols, focusing first on the physical and mental care for the victim and then the criminal investigation. DEFINITIONS Child Sexual Abuse Material (CSAM): Material that visually depicts minors engaged in sexual activity. Including, but not limited to, photographs, videos, digital media, etc. Jane Doe SAEK: A Sexual Assault Evidence Kit (SAEK) collected from a sexual battery victim who, at the time of the collection, desires to remain anonymous and does not wish to make a sexual battery report at the time. Recently Occurred Sexual Battery: Any sexual battery incident reported within one hundred twenty (120) hours of its occurrence. SAEK (Sexual Assault Evidence Kit): Sexual battery evidence (e.g., photos, semen, saliva, blood, skin, hair) collected and packaged by a SANE nurse after a forensic physical examination. SAFE (Sexual Assault Forensic Exam) Center: A standalone facility provided by the Refuge House where sexual assault exams may be conducted. SANE (Sexual Assault Nurse Examiner) Program: A program designed to provide a coordinated response to sexual battery victims by law enforcement, Tallahassee Memorial Hospital, and the Refuge House. The program utilizes specially trained nurse practitioners to perform forensic physical exams in conjunction with Refuge House crisis counselors. Sexual Battery: The non-consensual oral, anal or vaginal penetration by, or union with, the sexual organ of another, or the anal or vaginal penetration of another by any other object. PROCEDURES I. CALL TAKING PROTOCOLS If a switchboard operator receives a telephone call reporting a sexual battery, the operator will promptly transfer the caller to the CDA and remain on the line until the transfer is confirmed. GENERAL ORDER 50 PAGE 2 of 20 SEXUAL BATTERY INVESTIGATIONS NOVEMBER 7, 2024\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT II. RESPONDING OFFICER RESPONSIBILITIES When responding to the report of a recently occurred sexual battery, the officer(s) on scene shall adhere to the below listed protocols. A. Determine the immediate medical needs of the victim and summon emergency medical assistance as warranted. B. Obtain necessary information pertaining to the incident to determine if a crime has been committed and to obtain suspect information. C. If suspect information is available, issue a BOLO (be on the lookout) if necessary. D. Determine the location of the actual crime scene or crime scenes, and: 1. In cases where a known suspect is not present at the crime scene(s), secure all such scenes, or 2. In cases where a known suspect may be present at the crime scene, coordinate with the on-call Special Victims Unit (SVU) detective prior to securing the scene(s) to ensure no investigative leads are compromised by contacting the suspect(s). E. Should not request a written statement from the victim. F. Not perform any visual examination of the victim’s genitalia, buttocks or any other body area normally covered while wearing a swimsuit. G. Be aware of the different reporting options available to the victim, which include those listed below. 1. Have a SAEK performed and provide a full disclosure of the incident. a. Standard Sexual Battery Report with all included biographical information. In the narrative, please indicate the Track-It number (number assigned to the SAEK). Include whether the victim wants his/her SAEK processed. Leave the report Open/Active. 2. Have a SAEK performed, provide a partial disclosure of the incident and remain anonymous. The victim’s name or other identifying information will not be included in the sexual battery offense report. GENERAL ORDER 50 PAGE 3 of 20 SEXUAL BATTERY INVESTIGATIONS NOVEMBER 7, 2024\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT a. In the name box, list the victim as Anonymous, provide the partial disclosure of the incident in the narrative along with the Track-It number (number assigned to the SAEK). Include whether the victim wants his/her SAEK processed. Leave the report Open/Inactive 3. Have a Jane Doe SAEK performed without giving their name or any additional information to law enforcement. a. Refer to instructions in VII. SAEK PROTOCOLS-JANE DOE. Leave the report Open/Inactive 4. Provide a full disclosure of the incident and choose not to have a SAEK performed. a. Standard Sexual Battery Report with all included biographical information. There will be no need to document a Track-It number (number assigned to the SAEK) because no SAEK will be done. Leave the report Open/Active 5. Provide a partial disclosure of the incident, remain anonymous, and choose not to have a SAEK performed. a. Sexual Battery Report, the victim’s name listed as Anonymous, provide the partial disclosure of the incident in the narrative There will be no need to document a Track-It number (number assigned to the SAEK) because no SAEK will be done. Leave the report Open/Inactive. 6. Not report the incident to law enforcement and not have a SAEK performed. a. Patrol needs to complete a very vague FIR documenting the incident location of the contact with victim, without including biographical information, list victim as anonymous and put in narrative whatever brief info was given then Administratively Clear the report. H. Inform the victim their decision on how to proceed (or not proceed) at the time of reporting is not necessarily considered final, and: 1. They may change their decision at any time, GENERAL ORDER 50 PAGE 4 of 20 SEXUAL BATTERY INVESTIGATIONS NOVEMBER 7, 2024\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 2. If they had an SAEK, make sure to ask if they want their SAEK or any evidence collected processed. 3. They have a statutory right to request a SAEK be performed or to request testing of other collected DNA evidence associated with the sexual battery if a SAEK is not performed, and 4. Although every effort will be made to respect their wishes, certain circumstances may dictate additional steps be taken by the Department (e.g., domestic violence incidents). I. Gather information about the incident from the victim, and once there is a clear understanding of the circumstances, request supervisory approval for a response by the on-call SVU detective based upon the criteria in section III below. J. With supervisory approval, request the on-call forensic specialist for any crime scene processing needs. K. In situati