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Best Practices Guidelines for Working with Victims of Sexual Assault. Andrea Sundberg Dorene Whitworth. Purpose for Guidelines. 2005 Violence Against Women Act State law NRS 449.244 NRS 217.310. What does this mean for your community?. - PowerPoint PPT Presentation
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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) [email protected]
Dorene WhitworthConsultantNevada Coalition
Against Sexual Violence
(775) 721-4691
Contact Information
THANK YOU !