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    89 views24 pages

    Special Notice 11/02, August 2002

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    Kay 'n' Dee Books

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    © All Rights Reserved
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    It is important to note that there have been several versions of this policy. This policy is no longer current and contains out of date information. ‘A policy forthe investigation of rape and serious soxual assaults (Assistant Commissioner, Territoria Policing) Introduction This Special Notice updates and replaces all previous Metropolitan Police Service (MPS) policy on the investigation of allegations of rape and other serious sexual offences. ‘This Special Notice bullds on Her Majesty's Inspoctorate of Constabulary (HMIC) thematic inspection on the investigation of rape (April 2002), the Metropolitan Police Authority (MPA) ‘Scrutiny on Rape Investigation and Victim Care (April 2002) and the introduction of Project ‘Sapphite's three year strategy on improving the investigation of rape and victim care (July 2001). New policy ‘This Special Notice provides new guidance and policy in the following areas: 1 the creation of borough based 'Sepphire' dedicated units; self-referral and third party reporting; '™ advice to officers on ‘drug rape' allegations; 1H Now template for closing reports for rape investigations; 18 the introduction of Early Evidence Kits (EEK): and 1 Sapphire 24 hour help line For the purposes of this Special Notice, the term ‘rape' will usually bo used but will Include all serious sexual offences as defined below. ‘There is a common misunderstanding that allegations of ‘stranger rape are always more serious than other allegations of rape by known offenders. This isnot he case. Reape committed by known offenders is often more violent than rape by unknown offenders. Staff responding, therefore, should never treat any type of rape as any more or less serious than any other. The investigation of rape and serious sexual offences rests with borough operational command Units (BOCUs) with the following exceptions: '= The Child Protection OCU (SOS) investigates sexual offences against children Involving family members or ‘carers’ (children are defined by the Children Act 1989 as those under 18 years of age) ‘The policy on the investigation of non-familial stranger’) cases of sexial assault against children Is curently under review. '§ This policy does not deal specifically with the investigation of these crimes although it does apply to semuel assault against children outside of the fami or carer contex. = The Serious Crime Group (SCG) investigates two oF more allegations of rapes which are linked (usually described as a ‘linked series’) and where there is a need for a Major Incident Team to handle the investigation (see definition of series rape' at Annex D). Definition of rape and serious sexual offences Serious sexual offences are defined as: "Rape, buggery, indecent assault involving oral sex, the use of instruments, or the exercise of violence (including attempts in each instance) and other circumstances deemed to be especially serious by an investigating officer'2. ?For example where the complainant is a child or vulnerable adult by reason of age or mental health issues or the complainant is @ serving police officer. ‘The victim may be a man, woman or child. ‘Aims of the investigation of rape and serious sexual assault Primary aim To investigate, identity and prosecute perpetrators to the satisfaction of the victim and ‘community: However, where a criminal prosecution of a perpetrator is not feasible: ‘Secondary aim To identity and pursue altemative courses of action (where appropriate wittvby partner agencies) ‘These aims are not, however, mutually exclusive. Where appropriate, both objectives should be pursued simultaneously. Principles of the investigation of rape and serious sexual assault ‘When pursuing these aims, three over-riding principles guide the investigation of rape and serious sexual assault: Principle 1 itis the policy ofthe MPS to accept allegations made by any victim in the frst instance es being truthful. An allegation will only be considered as fang short ofa substantiatod allegation after a full and thorough investigation. Principle 2 ASSOIT trained offcer3 should be with a vicim ofa serious sewval assauit within an hour of an allegation being received by police. °A SOIT trained officer is an officer who has completed the SOIT officer course at the Detective Training School. Principle 3 ‘The victim's wishes on whether a case should proceed may only be overridden in excoptional circumstances (for example, where itis in the public interest to proceed with e case regardless of the wishes ofthe victim, as is sometimes the case with a linked rape series). Borough responsibilities Operational command unit commanders BOCU commanders have responsibility for ensuring that their borough has the capabilty to provide the level of professionalism described in this Special Notice. In doing s0 they must: '§ Support and resource a dedicated4 SOIT officer team (smaller boroughs should brigade together to provide dedicated cover). See Page 18 for dotalls of what constitutes a dedicated SOIT team, “A dedicated’ SOIT officer is an officer who is employed full ime on SOIT officer duties. Where possible, use dedicated detective officers to investigate rape either within a Community ‘Safety Unit (CSU) or Sexual Offences Unit (SOU). 1m Ensure effective investigation and supervision of these crimes. '§ Ensure that the content of this policy is communicated effectively o staff on their borough and that appropriate local training is given to patrol officers. '§ Ensure that an individual (probably the borough forensic manager (BFM)) s nominated to ‘oversee the usage and replenishment of modular Sexual Examination Kits and EEKs ¥ Collect and scrutinise performance management data relating to rape and serious seal assault (see Page 27). = Ensure that examination suites are properly managed and cleaned. The suites must be subject to a six monthly environmental DNA contamination test that can be arranged by the Forensic Science Service (FSS). ‘The effects of rape and serious sexual assault Rape Trauma Syndrome itis important that staff are aware that victims of rape or serious sexual assault experience Rape ‘Trauma Syndrome. Immediately after the attack, victims may display any of the following: Shock 1 Fearfterror 1 Vulnerabilty/disempowerment = Blame/guilt Disbelief Denial m Anger ‘As the victim adjusts to what has happened in the weeks/months following the attack, they may experience: '™ Prolonged denial 1 Sleop disorders Flashbacks ™ Phobias 1m Humifiation '™ Rejection Loss of control ‘The effects of rape and serious sexual assault can last for the remainder ofthe victim's life. They may become: '™ Depressed 1 Obsessive/compulsive 1m Mentally ill Suicidal Responding to an allegation Role of response officers and station reception officers ‘Alogatons of rape oF serous sense assault are made he varey of ways and in diferent settings: m At hospitals At doctor's surgeries In the victim's home inthe street 1 At front counters of police stations 1m By a third party ™ Anonymously Regardless of where or how an allegation is fst made, the immediate actions of the frst police officer or station reception officer (SRO) are identical ‘SROs should be particularly vigilant as 25 % of rape allegations are made at police station front ‘counters. Role of call receipt and control room staff Every call alleging a rape or senial offence made to a police-switching centre should: be treated as an emergency call; and 1 be immediately routed to the Incident Room (IR) at New Scotland Yard (NSY) and not to the local Computer Alded Despatch (CAD) room. Role of Telephone investigation Bureaux ‘When a call is received in a Telephone Investigation Bureau (TIB) the person receiving the call should: 1 treat the call as an emergency; and 1 record in an evidential manner exactly what has been said, and deal with It as described on Page 9/10. First or ‘early complaint’ issues The important aspect of early complaint is consistency. The court will examine all accounts given by the victim to establish whether there are discrepancies. Itis therefore important thatthe information is recorded exactly as the viet gives it. Early evidence is invalidated by leading questions. Any information must, therefore, be obtained as a result of open questions. Itis important to identify and retain any early complaint witnesses and also understand that they may be used as witnesses to support the victim's account. The victim and any ‘early complaint witnesses’ should be interviewed separately. The SOIT officer dealing withthe victim should not obtain statements of ‘early complaint." itis essential that all comments made by the complainant to any other person are recorded as evidence as soon as possible. This s one of the few circumstances where hearsay evidence will be accepted by a court {tis important to recognise that for various reasons including trauma, culture, injury and embarrassment, vicims often delay reporting a rape and that in the fist instance only ‘approximately one in five (20%) of victims report rape to police. ‘All comment made by the victin must be recorded evidentially. Al comment should be recorded at the earliest opportunity and signed and dated by the maker of the record. ‘Early complaint evidence is vitally important but intial questioning should be brief and confined to: "What has happened’ (enough detall to establish ifit is a case which requires a SOIT officer). | When did it happen’ (in order to prioritise action). |§ "Who is involved’ (enough information to take immediate steps if necessary to detain the suspect). '§ Where did it happen’ (enough information to identify all relevant scenes). Third party reporting of allegations Guidance notes for third party reporting procedures and self-referral by victims are contained in Annex A. The ability of victims to self refer anonymously to a Seal Assault Referral Centre (SARC) (such as The Haven) is vital for encouraging increased reporting of rape and developing inteligence about the picture of sexual assault in London and for tracking of serial offenders. For victims who request anonymity from the police, staff should refer them to The Haven for advice. Immediate actions Critical incident ‘Those responding to an allegation of rape must always consider whether the allegation is a critical incident. ‘Aciitical incident is defined as ‘any incident where the effectiveness of the police response is likely to have a signticant impact on the confidence ofthe victim, thelr family and/or the ‘community’ Even ifthe offence is described as having occurred several weeks or months previously an immediate response is necessary. Ifthe rape is part of a linked series of attacks, early and immediate action could preserve vital evidence and prevent further attacks. Regardless of whether the allegation is defined as a critical incident the following Immediate response should be undertaken in every case: Immediate victim care ‘The victim should be immediately taken out of a public area and into a private room and given reassurance. if urgent medical treatment is needed, an ambulance should be called and the vicim accompanied to hospital. The victim's immediate needs should be considered with ‘sensitivity with regard to their age, gender, ethniciy/cultural background and, if known, sexual orientation Especially when using police radios, officers should be mindful of terminology when referring to rape allegations. Depending on the wishes of the victim, it may be appropriate to describe the incident as a'serious sexual assault’ and to avoid the word ‘rape.’ Ian interpreter is required, immediate steps should be taken to obtain one. Details of interpreters services can be obtained from the DPCS9 website or through the Sapphire website. (Once the basic facts have been established the following people must be contacted immediately: 1 duty officer; Wa detective officer; on-call SOIT officer; 1 ABFM (or deputy); and 3 Acrime scone manager (CSM) (if SCG investigation). The following five building block principles must be considered during the initial response: ¥ preservation of ie; 1 preservation of sceno( 1 securing of evidence (in particular, forensic evidence); 1 Identifying of vici(s) & witnesses; and 1 identifying of suspect(s). Except when dealing wit historical allegations where the crime soene(s) is no longer available or has no forensic value, incident management logs (Book 198) and crime scene logs (Book 197) should be used to record action taken to manage the incident and the crime scene(s). ‘Scene preservation and examination All scenes should be identified, secured and protected subject to a full and detailed forensic ‘examination by a trained scene examiner. In every case of rape, the BFM or deputy should be ‘consulted before scenes or suspects are examined. The BFM wil ensure the correct level of resources is made available to examine scenes and suspects. Itis important to recognise that scenes of sexual assault may not always be obvious and particular care should be taken to identify all scenes. For instance, where the victim was first approached may not be where the victim was assaulted. Consideration should always be given to obtaining a detailed photographic or video record of crime scones, victims (unless it would delay the examination of the victim) or suspects. fa photographer is not available, officers should consider using Ice Flow cameras. The victim should be consulted regarding the gender of SO3 photographers and their wishes complied with Minimising contamination ‘Al possible measures should be taken to prevent cross contamination between victim, suspect and crime scene(s), and in particular, 1 the victim and suspect should always be dealt with by diferent officors; 1m the viotin and suspect should be transported in different vehicles; ‘= taken for examination to diferent locations; 1m scenes, victims and suspects must be examined by different scene examiners, FMEs and ‘sexual offence examiners (SOEs) to prevent contamination. Early Evidence Kits Where possible a victim must be advised not o wash, go tothe tollet or eat or drink until @ SOE has examined them. However, this can be distressing for a victim who may want a hot drink or to smoke. The MPS has, therefore, designed EEK for use by the fist officer to reach a victim. This kit contains a single mouth swab and a container for taking urine. Use of the kit will ensure quick and effective recovery of forensic evidence that can be lost due to time delays between reporting ‘and medical examination. The use of an EEK must be considered in all cases and should be Used in every case of alleged or suspected drug assisted rape. It willbe available in police stations (for example, front office, surgeon's room) and will be placed in the frst aid kits of operational police vehicies. ‘When and who can take a urine sample and mouth swab? Urine sample Vietins can use the urine element ofthe kit immediately after making an allegation and before a {ull medical examination. It is not necessary for a police FME to be present for the taking of the mouth swab or the urine sample. ‘Any police officer or health care professional can assist the victim to take the urine sample ‘although there is no need for them to be actually with them when the sample is actually produced Its good practice to take a urine sample in every case but is crucial where alcohol or drugs analysis may be required. Mouth swab ‘Amouth swab is important where the allegation may include oral sex, as semen may be present. ‘Amouth swab, however, should not be taken by the victim but by a police officer or health care professional. The taking of a mouth swab should be considered in every case, as victims are sometimes embarrassed to mention oral sex.unsil much later when evidence may have been lost, Drug assisted rape ‘There is @ particular need to use the EEK in these cases as soon as possible. For more detailed ‘advice on how to deal with allegations of drug-assisted rape see Annex B. ‘The number of victims complaining of drug-assisted rape is increasing. The symptoms of drug related rape include: m vagueness; 1 self contradiction; 1 inabilty to explain events in fine detail; 1 inabilty/reluctance to describe the suspect; and 1m the description of events changing overtime Grime reporting ‘The initial CRIS report ‘The officer or SRO who has spoken first to the victim directly is responsible for creating a CRIS. report. The officer/SRO should not record any information on the CRIS report that has not been told to them in person. Duty officer's role ‘The duty officer is responsible for the supervision and management of @ rape or serious sexval ‘assault allegation untl itis formally handed over in a briefing to a detective officer. This should be «a face-to-face briefing unless operational demands prevent i. Sexual offence investigative techniques officers Terms of reference ‘SOIT officers should be used in every case of rape or serious sexual assault and have two crucial functions to perform: 1 ensuring that victims receive the highest standards of care and support at the beginning, during ‘and completion of the investigation; and 'm ensuring that the best possible evidence is obtained to ald the investigation and support any subsequent prosecution Itis vital thatthe victim sees @ SOIT officer as a matter of urgency and in every case within an hour of an allegation being made and at a location where the victim feels most secure. General considerations, ‘Where appropriate, a forensic medical examination should be conducted as soon as possible to secure the best available evidence. SOIT and investigating officers (IOs) should be aware that ‘the manner in which an examination is carried out and the provision of high quality aftercare is likely to affect the victim's wilingness to procaed and have a significant impact on the outcome of the investigation. Research has shown that victins can be concemed about whether they have a male or female ‘SOIT officer or a male or female doctor. Each victim should be treated according to their needs ‘and gender and cultural factors should be considered and special provision offered. Ifthe victim wishes, the SOIT officer should contact family, friends or employers and offer to ‘arrange contact with the Vietim Support Scheme (VSS). Voluntary agencies such as the VSS or Rape Crisis Federation are better equipped to offer long- term support and counselling. Police officers are not expected to act as counsellors. ‘Sexual Offence Investigative Techniques officer handover guidelines If @ SOIT officer has to hand over a case to another SOIT officer the reasons for this must be shown on the CRIS report, SOIT officers log and decision log (if applicable). The changing of a SOIT officer during or in the course of a case should only be done in exceptional circumstances ‘where there has been a breakdown in the relationship or the SOIT officer is now unavallable because of personal issues. Ifthe SOT officer called to attend the scene of an enquiry knows that they will be handing the enguiy over to another SOIT officer careful thought must be given tothe timing of the handover. Ideally this should occur within the first few hours. The handover procedure should include a ‘comprehensive briefing on all aspects of the enquiry. Its preferable for there to also be a personal handover infront ofthe victim in order for new introductions to be made. ‘The SOIT Log (see Page 14) should record: 1 the date and time of the handover, 1 summary ofthe issues raised; and {8 dotals of any outstanding urgent enquires. ‘Atthe conolusion ofthe briefing, the outgoing and incoming SOITS will endorse the entry in the ‘SOIT Log confirming that a comprehensive handover has been completed. The entry will be signed by both SOITS, timed and dated. Gross border borough and force guidance ‘After the appointment of a SOIT officer and itis discovered that the offence occured on another borough, itis recommended that if possible the original SOIT officer remain with the victim throughout the enquiry. The victim's interests should be paramount. In cases of disagreement between crime managers, the borough commander will make the final decision. When it transpires that the offence has been committed in another force area itis vital that liaison takes place at the earliest opportunity between the MPS and the other force to establish who has primacy forthe investigation and who wil provide ongoing support tothe viet. tis never appropriate forthe victim to be let without SOIT officer support while negotiation takes place between boroughs or another force. In al cases where there is a change of SOIT officer the handover guidelines set out above must be followed. Previous sexual history Itis important to stress that the victim should not be asked any questions relating to their previous ‘sexual history unless this is direct relevant tothe speoitic allegation in question (Section 41 of the Youth Justice and Criminal Evidence Act 2000 now places limitations on examining the previous sexual history of victims at trials). ‘Sexual offences examiner ‘SOEs are FMEs or other specialist doctors who have been trained to carry out forensic sexual offence examinations, There is a 24-hour 7-day a woek rota for SOEs that covers those parts of the MPS not served by ‘The Haven - Camberwell. Officers requiring the services of an SOE should contact Healthcall on internal lophone = Cy). ask forthe contact detalls ofthe on call doctor for their preferred suite. They should also ask forthe contact details ofthe other doctors on call, allowing flexbilty to make alternative arrangements should the preferred suite not be available. ‘Sexual Offence Investigative Techniques officer role ‘The role of a SOIT officer can be broken down into a three-phased response: Phase 1 - Immediate response Phase 2 ~ Assessment and evidence gathering Phase 3— Long term liaison and court preparation PHASE 4 (Immediate response) A SOIT officer log is currently being designed and will be used for evidential notes taken by SOIT officers from victims. in addition a contact log will be used. On first contact with the vietim the SOIT officer should: 1 Start a SOIT log and record all notes ensuring that the time of the meeting withthe victim is noted. A log should be created for each victim. 1 Make an assessment of the victim's immediate needs (health, cultural, language, special ‘needs, childcare, mental or physical clsabiities, risk assessment of further harm, and s0 on). This is especially important where the suspect is known. 1m Make a note ofthe victim's condition and symptoms of any kind as these may have evidential ‘consequences at a later tme. '= Explain tothe victim the police procedures for dealing with allagations of rape. SOIT officers must be careful not to explicitly or inadvertently discourage victims from pursuing an allegation through the criminal justice system by emphasising the dificultes of achieving convictions at court. 1 Consider the use of the EEK or the use of a full medical kt if avalable, to preserve immediate forensic evidence of urine samples and mouth swab. ‘Obtain as much information about the scene as possible at the eartiest opportunity and note the SOIT log. 1 Consult with the BFM and scene examiner atthe earliest opportunity to ensure best evidence is retrieved and seek advice on photography of the victim. |§ Make contact and brief the 10 at the fist available opportunity. This should take place as soon as possible. 1 Make arrangoments for a medical examination at ether The Haven SARC or at a Victim Examination Suite (VES). 1m Ifthe examination Is to take place at a police examination sue, a SOE will need to attend. |§ Transport the victim to and from the examination sute and to the scene where the incident ‘occurred. A SOIT officer should preferably not drive any vehicle but be driven in an unmarked police vehicle. SOIT officers should carefully consider their own welfare including health and safety before ‘accompanying a victim. If necessary @ second officer in addon to the SOTT officer should ‘accompany the victim. 1 Be present atthe medical examination conducted by the SOE at the examination suite and assist with the retention of exhibits if the same sexas the viet. When examined at The Haven, the doctor will be supported by a ‘crisis worker’ (nurse) and the SOIT officer will only be required to recover the samples from the crisis worker and advise the doctor ofthe allegation. 1 Arrangements for priorty appointments at a genital urinary clinic should be made (Wf not dealt witha eraminaton stage at The Have) tho vim wishes and an offer made to accompany tha 1 Give the victim a copy of the MPS booklet ‘Advice for the victims of sexxial assault and leaflet "The role ofthe SOIT office’ which is now available in several different languages. Where victims can be taken and how to gain access to these services Current provision in the London area consists of the following: “The Haven —Camberwell' — A Sexual Assault Referral Centre ‘This Centre is used for victims of serious sexual assault. Full deta regarding this facility are contained in Item 2.of Notices 31/00 of 2 August 2000. The MPS intends to replace victim examination suttes with SARCs in due course. Full details on how to book and gain access to these suites are contained on the Project Sapphire Intranet Site. ‘This Centre is used currently by the following Boroughs: = Bexley; Sutton; = Greenwich; = Lambeth; = Bromley; = Wandsworth; = Lewisham; ™Kingston-upon ~Thames; = Southwark; Merton; and = Croydon; ™ Richmond. Current victim examination suites are located at: Ilford; ™ Southall Charing Cross; 1 Stoke Newington; and '§ Hillingdon Hospital. PHASE 2- Assessment and evidence gathering ‘After examination and/or the first immediate response, the SOIT officer should undertake the following action: '™ Take measures to protect the victim from being attacked again. (Officers should be aware that research shows that where a Victim of a sexual assault is or was in a relationship with the offender there is a high probability of repeat offending. In these cases, immediate consideration ‘should be given to re-housing a victim, or the installation of panic alarms, or other crime prevention measures (through the Operational Technical Support Unit contact desk). i Arange for fl evgetia statement or video interview) obs taken ate tne appropri o the victim. Evidential statements Evidential statements should be taken at: a comfort suit 18.2 video interview room ifn a police building; or '™ at a mutually agreeable premises using mobile video equipment. Itis strongly recommended that all victims of rape are video interviewed as ‘significant witnesses’ Officers should also note that when the Youth Justice and Criminal Evidence Act 1999 is fully implemented, video evidence willbe abie to be given as evidence in chief. (From 24 July 2002, " vulnerable adults’ can be video interviewed and the video used as evidence in chief). ‘The benefits are: 18 Tho video record represents best evidence and reduces the risk of future challenge, '¥ It serves as a vital first account made by the witness whose demeanour is accurately recorded along with their evidence. 1m The record safeguards the integrity of both the interviewer and the interview process as a whole. 1m The tapes record evidence of any trauma and style of speeking. 1N The process of video recording provides increased opportunities for planning; officer training ‘and down stream monitoring by 10s. 1A video interview forms the basis of the intelligence assessment. PHASE 3 — Long term liaison and court preparation ‘The SOIT officer is responsible to the victim during the investigation until tial Reducing attrition Itis essential that SOIT officers are aware of ‘attrition’ in rape cases. Attrition is where a victim makes an allegation then at some later stage withdraws or fails to substantiate the initial allegation. There are a number of reasons for attrition: fear of giving evidence and tho tral process; fear of reprisals from the suspect and the desire to put the incident behind them and so ‘on, SOT officers should be aware that attrition is more likely where contact with a victim has not been consistently maintained by police and where the victim has not been Kept informed of

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