Adult Sexual Assault

Adult Sexual Assault Investigations - Policy

• Preamble: Trauma-informed investigations prioritize victim compassion, recognizing trauma's impact. Decisions must ensure a compassionate response and effective investigation.
• Nebraska Revised Statute (NRS) §28-902 Amendment (2018): Victims (age 18+) can report anonymously. Medical care and evidence collection can occur without divulging details of the assault. However, mandatory reporting of physical injuries remains (serious bodily injury or if a deadly weapon was used).
• Mandatory Reporting: Healthcare providers must report physical injuries, serious bodily harm or if a deadly weapon was used to inflict injuries that may stem from an assault, to law enforcement, regardless of anonymous reporting choice.
• Policy: Omaha Police Department (OPD) investigates sexual assaults in collaboration with community partners, respecting victim well-being and compassion. OPD officers follow special techniques and the "Abuse/Neglect/Injury - Child" policy for child sexual assaults.
• Definitions:
  • Anonymous Reporting: A protocol allowing victims' identities and details to remain confidential until the victim chooses to share.
  • Sexual Assault Nurse Examiner (SANE): A registered nurse trained in providing comprehensive care and forensic examination to sexual assault victims. May provide expert testimony.
  • Trauma Informed Sexual Assault Investigations: A belief-based approach that prioritizes victim needs and avoids further trauma, focusing on treating trauma to effectively investigate.

Initial Response

• Initial Response (UPB Officers): Officers ensure a compassionate response, recognizing trauma's impact. They prioritize establishing whether a sexual assault or other crime occurred.
• Determining Statutory Elements: Officers need to evaluate whether the elements of a sexual assault crime occurred. This often requires determining when the assault happened as victims often delay reporting.
• Safety and Medical Treatment: Officers ensure victim safety and provide necessary medical assistance, including quick provision of sexual assault kits.
• Witness and Suspect Identification: Officers will attempt to identify any witnesses to the assault and if possible, the suspect. Officers should not inquire if a victim wishes to prosecute the suspect.
• Notification of CIB Unit: Once the officer determines a sexual assault occurred, they must notify the appropriate CIB unit (Case Investigation Bureau).
• Crime Scene Procedures: Ensure a sexual assault crime scene is secured in the same manner as a homicide scene per OPD policy.

Investigative Procedures

• Additional Officers (if necessary): If the crime scene is different than where the victim is, officers will request additional to secure the crime scene.
• Crime Scene Security: If a search warrant cannot be obtained to enter a crime scene, officers will secure until the ASA (Adult Sexual Assault Squad) or F.I.U (Forensic Investigation Unit) can take over.
• Additional Contact (FIU): Prior to contact with FIU of evidence needs, officers should notify either ASA or Field Investigations if possible.
• Crime Scene Evidence Preservation: Officers need to ensure any evidence from the scene is preserved and that the scene is treated cautiously ensuring that no evidence is compromised.
• Reporting Procedures: Officers should include the serial number of the kit in reports.
• Witness Interviewing: Interview victims and witnesses, including victims in follow-up meetings.
• Resource Provision: Provide victim with support resources, including phone numbers.
• Documentation and Reporting: Comply with all reporting requirements by keeping detailed records.

Victim/Witness Immunity

• Alcohol or Drug Offenses: Victims and witnesses who commit certain alcohol or drug offenses will not face prosecution if reporting the assault to authorities in good faith.
• Evidence Requirement: Evidence supporting a possible arrest of a witness or victim for alcohol or drug violations must be obtained from investigation of the assault itself; not outside the incident investigation.

Anonymous Reporting Procedures

• Consent Requirement: Medical providers require consent to release a victim's name unless the victim is severely injured or a deadly weapon was used.
• Reporting Restrictions: This reporting option is not available for injuries requiring mandatory reporting or for victims under 18.
• Kit Collection and Procedures: SANE or other medical professionals collect and document the sexual assault kit serial number.
• Medical Records: Officers will obtain the proper authorization for victim's medical records.

Other Procedures

• Investigative Response (A-Shift): Field Investigators will evaluate initial concerns and contact appropriate specialists.
• Breach of Personally Identifiable Information: Reports of actual or imminent breaches of personally identifiable information must be made to the appropriate authority.
• Other Procedures and Policies: The policy references other relevant CALEA (Commission on Accreditation for Law Enforcement Agencies) accreditation standards, PPM (Police Program Management) Updates, and Nebraska Revised Statutes.