Best Practices Guidelines for Working with Victims of Sexual

Assault

Andrea SundbergDorene Whitworth

2005 Violence Against Women Act

State lawNRS 449.244NRS 217.310

Purpose for Guidelines

Do your current practices fit within the VAWA guidelines?

Will you need to make changes?

Will you need to include new disciplines?

What does this mean for your community?

What resources are available? Where does the victim receive services? Are hospital personnel aware of VAWA

mandates? Does LE work closely with victim services

agency? Are LE personnel trained in child

interviewing?

How does the system work in your community?

• Law enforcement response, 911 call, walk in

• School Counselor– Age of the victim may dictate response

• Victim Services Program• Hospital• Hotline Call• Social services, welfare office

Where might the victim enter the system?

• Safety First

–Does the victim need medical attention– Is there an ongoing threat from perpetrator

• Do mandated reporting law apply?

What is the appropriate response?

Decide who is most appropriate to community with the adult victim◦Safety planning◦Discuss whether or not to have a forensic

exam◦Discuss reporting options: whether to file

immediately or delay reporting◦Provide referrals or other services within the

community

Communicating with the Victim

Goal is to seek the truth Location of interview is important Child centered (use age-appropriate

words) Take time to build a rapport with the child Use non-judgmental questions

Interviewing the Child Victim

Use caution to avoid influencing memory

Observe cultural and developmental differences

Reuniting the victim with the non-offending parent or guardian

Interviewing the Child Victim

Explain the purpose of the exam, e.g. evidence collection, time sensitivity, etc

Does the victim want the exam? Victim should be notified that they can

terminate the exam at any time. Victim will incur no cost for the exam.• Explain the benefits to collecting

evidence now – preserve options.

Forensic Exam

Crime scenes may be investigated for before evidence is lost

Witnesses may be located and interviewed

Forensic evidence can be processedVictim can access treatment and counseling under NRS 217.310

Can be empowering for some victims

Police Report – Benefits to Reporting

Fear of further danger to self, family or others

Cultural beliefs Financial dependence on perpetrator Investigation may reveal illegal activity by victim, e.g. underage drinking, prostitution, immigration status, etc.

Difficulty facing perpetrator

Police Report – Cons to Reporting Immediately

Can access forensic exam and may access treatment and counseling while working to overcome trauma

Gives time for victim of address safety concerns and financial dependence

Evidence has been collected for potential prosecution

Delayed Reporting – Benefits

Thorough investigation can be difficult, witnesses become unavailable, memories fade

May affect the perceptions and responses of prosecutors and jurors

May influence the prosecutor’s ability to obtain a conviction

Delayed Reporting - Ramifications

No Law Enforcement Involvement

Law Enforcement – Storage Only

Law Enforcement – Anonymous/Blind Report

Types of “Reporting”

Victim receives an exam/evidence is collected

Medical provider is responsible for storing evidence

Medical provider contacts victim assistance organization, if one is available, or coordinates for other non-medical services as needed.

No Law Enforcement Involvement

Potential harm in promising an option that is not real

If LE is unwilling to truly accept a delayed report, this is not a real option for victims

If victim reports later, problems may arise in transferring evidence and initiating the investigation

No Law Enforcement - Concerns

How long will evidence be stored? How secured?

How will chain of custody be documented?

How will evidence be linked if victim decides to report?

When will kits be destroyed? Will victims be notified?

Does payment of exam costs require victim identification?

No Law Enforcement - Logistics

Forensic exam is available to victim regardless of whether they report

Examiner obtains incident number from law enforcement

Law enforcement is contacted when evidence is available for pickup

Law enforcement is responsible for storage How long will evidence be held? Will victim be contacted prior to destruction of

evidence?

Law Enforcement – Storage Only

Requires multi-disciplinary collaboration to design and implement protocols that work effectively

May increase LE involvement making it more likely that an investigation will take place if the victim does convert to a standard report

LE Storage Only – Rationale & Conerns

Report is made to law enforcementVictim provides as much or as little information about the incident but no identifying information for either victim or suspect.

Evidence is stored by law enforcement

Anonymous/Blind Reporting

Allows victims to “try out” reporting to police, taking the CJS process “one step at a time”

Avoids presenting victims with an “all or nothing” opening of reporting

Allows LE to document information during initial response, including victim response and demeanor

Avoids “delayed report” that is often later used to undermine the victim’s credibility – this just delays the ID

Anonymous/Blind : Benefits

Offers LE an opportunity to explain their role and the process of investigation to the victim and answer questions;

Creates a process for reporting that is much more in line with victim’s process of trauma, disclosure and recovery

Especially critical for underserved victims When treated with competence and

compassion, victims may be more likely to convert to a standard report

Anonymous/Blind : Benefits

Requires multidisciplinary coordination Investigation initiated only after victim ID is revealed

May be investigated w/o victim’s approval if: severe injuries are inflicted, serial perpetrator is suspected, case is considered high profile intimate partner violence

Anonymous/Blind : Implementation

Not the same as a third-party report

Victim is involved just not identified

Common Misunderstandings

Conflicting practices across the statePerception that law enforcement is “shut out”

Perception that advocates discourage victims from reporting

Fear that victim will receive different information depending on access point

Fear that large numbers of victims will come forward and costs will skyrocket

Delayed Reporting : Challenges

Clarify role of community-based advocate

Enact community-wide protocols for response

Provide cross-training for first responders

Public education campaigns

Delayed Reporting : Overcoming Challenges

Mandatory Reporting in Nevada◦NRS 202.882◦Statutory age referenced: 12 years or

younger◦Report must be made within 24 hours of

knowledge◦A minor under the age of 16 is exempt from

the mandatory reporting laws◦VAWA does not apply to child victims of

sexual assault

Mandated Report : Child Victims

Discussion with a teacher or school counselor

Revelation to an advocate after school presentation

Inquiring questions posed to a doctor, CPS worker, etc.

Err on the side of caution – follow mandated reporting laws.

Types of Disclosures

The victims name;The perpetrator’s name;The location of the incident;Any facts which support reporting person’s belief that an assault occurred.

What must be provided?

Does the victim have injuries that need immediate medical attention?

Does the victim want the forensic exam?

Does the victim want anyone present, e.g. advocate, family, friend, etc.

How much time has elapsed since the incident?

Forensic Exam Procedure

Although performed by a medical professional, a forensic exam is not a medical procedure;

A forensic exam is an evidence collecting procedure;

The forensic examiner is fulfilling a criminal justice role during the exam;

Independent advocacy is critical for the victim during the exam.

Role of the Forensic Examiner

How much does a forensic exam cost?

◦In Nevada the cost ranges from $250 to $3500

◦Cost is impacted by what is included in the exam

◦What lab work should be included?◦Should testing be done for STD’s at time

of exam?

Cost/Payment for Forensic Exam

What agency is the designated payment source for forensic exams?

Are charges handled differently for those victims who have chosen to delay a report?

Is the victim’s insurance ever billed?Is payment ever declined? Reason?

How are Payments Handled?

Forensic exam cost should not exceed $1500

This is inclusive of examiner fees, facility costs, lab work and any prophylactic treatment deemed necessary;

This does not include emergency medical care necessary to treat injuries sustained as a result of the assault.

BP Recommendations : Exam

Nevada crime labs determine what is to be collected;

Rape kits provide for evidence to be documented and secured

Maintaining chain of custody of the evidence is critical to the prosecution of the crime;

Medical facility must have the means to secure evidence until law enforcement can retrieve the evidence;

Law enforcement should retrieve evidence in reported cases within 7 days.

Chain of Custody of Evidence

Who is responsible for storage of kits?

How long will they be stored in cases where a report is not immediately filed?

Recommendation in Best Practices Guidelines: 90 days

Storage of Rape Kits

• Lack of Compliance jeopardizes funding:– STOP Violence Against Women Grant Program– Byrne Law Enforcement Grant Program

• Applies to all jurisdictions not just those receiving funding

• How might this impact future subgrants

Why is this Important?

Hold multi-disciplinary stakeholders meeting within your community;

Complete Self-Assessment Tool; Developing VAWA Compliant policies at all

agencies; Ensure your jurisdiction is not jeopardizing

funding to victims in our state.

Where do we go from here?

Andrea SundbergExecutive DirectorNevada Coalition

Against Sexual Violence

(702) 990-3460director@ncasv.org

Dorene WhitworthConsultantNevada Coalition

Against Sexual Violence

(775) 721-4691

Contact Information

THANK YOU !