Police Department Policy

doc_2671177

Windermere PD

Policy Text
WINDERMERE POLICE DEPARTMENT GENERAL ORDER This order consists of the following: 1. Purpose 2. Polic y 3. Procedures 1. Purpose The purpose of this policy is to establish guidelines for response and investigation of alleged incidents of sexual violence as defined by Florida law. 2. Policy It is the policy of the Windermere P olice Department to thoroughly investigate crimes involving sexual violence with professionalism and with sensitivity to the special needs of victims and witnesses. An officer’s response will not vary on the basis of the characteristics, status or profession of, or the nature of the relationship between, the victim and perpetrator. 3. Procedures A. First Officer Responsibilities 1. Initial responsibilities upon arriving at the scene of a reported sex crime are as follows: [15.10M(a)] a. Secure the scene and isolate the victim from the suspect, if present. Effective Date: August 19 , 202 4  Rescinds  Amends (6.17 October 11, 2022) Number: 6.17 SUBJECT : Sexual Violence Print Date: 08/19/24 Distribution: All Personnel Review Month: October 6.17 , Page 2 b. Assist the victim in obtaining medical treatment, if medical treatment is necessary as a result of the alleged incident, to include transportation arrangements. [15.10M( b)] c. Conduct a preliminary interview with the victim to establish the facts and determine if a crime has been committed. Initial questioning should be limited to those matters necessary to identify the victim, suspect, and witnesses; and to describe and loc ate the suspect, witnesses, and physical evidence. 1. Interview the victim in a neutral setting and not in the presence of the suspect. 2. When interviewing sex crimes victims, keep in mind that the victim is probably in a state of mental shock and may be enduring a severe emotional crisis. 3. In accordance with Victim’s Rights established by Florida law, victims of sexual battery are not required to make a police report in order to receive a forensic exam. If an officer is made aware of an allegation of sexual battery, but the victim does not wish to speak to the officer, the officer should advise the victim of available medical assistance , and that counseling/services are available through the Victim Service Center of Central Florida. [15.10M( b)] 4. Per the Violence Against Women Act (VAWA) of 2013 and F.S.S. 960.28, if the victim of a sexual battery does not want to report the incident to Law Enforcement, they still have the right to have a sexual assault kit completed. The responding office r will honor the victim’s wishes to remain anonymous and may not ever see or speak to the victim. A doctor or nurse will give the responding officer the completed sexual assault kit. The sexual assault kit will have the victim’s date of birth, nurse’s name , and date of collection written on the outside. The officer will accept the kit regardless the jurisdiction of the crime, without the victim’s name, and/or ever speaking with or seeing the victim. The officer will ensure the kit is properly sealed and initialed. 5. The officer will write an information report adding the assisting nurse as a witness. The purpose of the information 6.17 , Page 3 report will be taking possession of the kit for it to be placed into evidenc e. The victim’s date of birth will be listed in the narrative. Included in the narrative will be any information related to the collection of the kit; whether the victim is male or female, and the date and time the kit was administered. The sexual assault kit will be retained per state guidelines. 6. If the incident involves a child under the age of 18, officers must report the incident by phone to the DCF through the Florida Abuse Hotline at 1 -866-532-2873 or 1 -800-962- 2873. The operator number should be documented in the incident report. d. Contact his/her supervisor who will then contact the detective to determine response. e. Immediately secure, or ensure the security of all related crime scenes/areas. Sexual violence crimes are sometimes reported from a location other than the location of incident. Determine the exact location of the actual crime scene and any additional ‘scenes’ such as vehicle, wooded area, or other location(s) an assault or component of the crime occurred or may have occurred. f. Care should be taken to ensure that evidence is not lost, changed, or contaminated to include the victim or the victim’s clothing which may contain evidence. 1. Advise the victim not to shower, bathe, or otherwise alter their physical self, or engage in any activity that may contaminate or destroy valuable evidence. 2. The victim should be encouraged not to eat or drink if the crime involved an oral sexual assault that had just occurred . 3. Request, as appropriate, that the victim consent to an initial forensic physical examination, emphasizing its importance for his/her physical well-being as well as the investigative and suspect apprehension efforts. [27.14M(b)] 6.17 , Page 4 4. Advise

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