Police Scotland Sexual Offences - Initial Actions PDF

OFFICIAL Unit 6 Lesson 9.1...

OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Lesson Aim: The learner will be able to describe the initial investigative actions and key legislation in relation to sexual offences Learning Outcomes: Introduction The learner can:- In many cases you will find that you are the 1. Explain initial actions when investigating first officer on the scene following a report of sexual offences. a sexual offence. The action which you take or don’t take will 2. Explain considerations relating to the affect the progression of the enquiry and welfare of victims of sexual offences. potentially have serious implications for:- The victim Preservation of evidence The security and integrity of the locus The progress of the enquiry Your initial actions should be thorough and accurate. Further investigation may be carried out by specialist officers in due course. The length of time it takes for you to receive assistance from an officer experienced in this field will vary depending on where you work. As per the force values the victim must be treated with Integrity, Fairness, Respect and with consideration to Human Rights. The welfare of the victim and any need for medical attention will be your first priority. 1 th Amended 12 March 2024 v.5 OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Statistics Rape Crisis Scotland provide the following statistics for 2022-2023:- There were 14,384 sexual crimes recorded by PSOS. Rape and attempted rape accounted for 17% of recorded sexual crime. Sexual assault accounted for 35% of recorded sexual crime. Only 52% of victims seeking support from Rape Crisis Scotland had reported the matter to PSOS. Initial Actions The methods of reporting any sexual offence are consistent with those of reporting other crimes. Victims may telephone the emergency services, their local police station or report in person to the police. In certain cases, a third party may report an incident on behalf of the victim. Police officers or staff who receive an initial report must advise the victim not to wash or shower and to refrain from eating, drinking and smoking. These activities could contaminate or result in the loss of evidence. The victim’s first impression of the initial attending officer can influence their decision on whether to pursue a complaint or not. Stop and think about how you would like a friend or family member to be treated in such circumstances. It is not for the initial attending officer to question the veracity of the story given and we will believe victims until there is evidence to the contrary. Our actions as initial attending officers are as follows; Attend and speak with the victim as soon as practicable Prioritise the safety and wellbeing of the victim Obtain medical assistance if required Afford the victim the opportunity to specify the gender of the interviewing officer and any interpreter used in term of Section 8 of Victims and Witnesses (Scotland) Act 2014 (The Interviewing officer is the officer noting the full statement which will be a SOLO - Sexual Offences Liaison Officer) Seek support for the victim if requested Obtain an initial account from the victim Note:- See Appendix A diagram of Initial Actions of a First Responder 2 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Initial Account An initial account should be gathered from the victim being mindful to not ask leading questions. Questioning should be limited to; Need for medical assistance Exact nature of offence It is very important that sufficient questions are asked to establish exactly which crime is being reported as this will have a significant impact on how the enquiry unfolds and ensures that deployment of a SOLO is the correct course of action. Time of offence Identity / location / description of suspect if known Location of crime scene(s) Activities since offence took place which may affect forensic opportunities e.g. washing, drinking Identity and contact details of any person informed of the offence by the victim The first persons spoken with or disclosed to in the case is a key witness as this interaction can add to the credibility of the victim. Details of any known witnesses to the offence or events that took place immediately before or after In addition, officers should; Identify forensic opportunities and utilise Early Evidence Kit (EEK) when necessary. Ensure the victim understands the process and is afforded the opportunity to make informed decisions. Ensure the victim is not left unattended during the initial reporting phase. Ensure a concern report (iVPD) is raised. 3 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions It is crucial that officers ensure they confirm what crime has taken place. This is an important albeit notably uncomfortable element of questioning. Ask questions such as, "What do you mean by rape?”. Always ensure that you are allowing the victim to answer the questions in their own words in relation to what body parts went where. It is important to clarify what is meant by the words that the individual is using. Depending on the geographical area in which you work, words may have a different meaning. Furthermore, it is important to realise that the questions we normally ask children may be different to those asked to adults. We could possibly ask a child “What do we use that body part for?” or “What would a doctor call that part of your body?” These same questions could be asked of adults who use different words, don’t understand, or those making use of the Appropriate Adult service. Evidential Considerations Whilst meeting the needs of the victim always be mindful that you are required to take steps to secure any potential locus and preserve evidence. Your responsibilities are as follows; Identify, secure and protect all scenes that include the victim, the suspect (if known) and the location of the offence. This should include routes that have been taken to and from locus by either the victim or the suspect. You are likely to need support to achieve this. Rapid deployment of officers can assist in the apprehension of the suspect and prevent valuable evidence from being lost or contaminated. Prevent cross-contamination of evidence. If the suspect is present or apprehended, they must be dealt with by different officers from those who have had contact with the victim. Preserve forensic evidence (within 7 days of incident) and utilise EEK where appropriate Advise victim to refrain from eating, drinking, smoking or washing prior to evidential samples being taken. 4 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Seize clothing where necessary (if a Forensic Medical Examination is required, clothing should not be seized prior to this. If this is unavoidable, take care to preserve potential forensic evidence). Note:- Even if clothing has been washed it will be seized Depending on the passage of time between the commission of the offence and police attendance, the following actions should be considered: Circulation of description(s) of offender(s) and/or vehicle(s) to colleagues and other sources; (for example, public transport, CCTV etc.) Transportation of eye witnesses to identify the exact locus; (on SIO advice) Road checks; Recording details of nearby vehicles; Use of police dog. If the victim requires to be taken to a hospital they should be accompanied by an officer to ensure that medical staff are aware that the evidence is required to be seized as they are reporting a sexual offence. This includes removing and bagging clothing and any swabs or personal effects that are required for the progression of the investigation. Contact your local divisional CID and Public Protection Unit for any assistance required. Always take the time to fully explain to the victim what is happening and why, be transparent. You must also advise the victim that they may be asked to participate in a Forensic Medical Examination to secure vital evidence. Be informed and in a position to answer any questions the victim may have in terms of what the medical involves. Reassure the victim that this will only take place with their consent, victims may be hesitant but be clear in highlighting its importance in terms of forensic recovery. Consider contacting a family member or friend to support the victim if they consent. 5 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Remember:- if that friend or family member is a witness they cannot be in the company of the victim while they are giving a statement. This preserves the integrity of both the victim and the witness’s testimony. Activity 1 A1 Discuss what information you would consider noting from a victim of a sexual offence to ensure specialist officers are appropriately briefed on the circumstances. IBR (Rape and Sexual Offences Initial Briefing Report) An Initial Briefing Report should be filled out at the earliest opportunity in order to get the initial circumstances to progress the enquiry. The IBR will only be completed in respect of crimes of Rape and Penetrative Offences including attempts of those crimes. An IBR serves as a step-by-step guide to ensure the necessary information is captured, thereafter the IBR will be given to a member of the investigation team who can begin preliminary enquiries and assists in the briefing for the SOLO. The victim should be informed that SOLO (Sexual Offences Liaison Officer) will be the officer noting the statement from the victim and advised that this officer has specialist training in the taking of statements in serious sexual crime. The IBR should be completed by attending officers in the presence of the victim (See Appendix B for an example of an IBR form). The following is included in the IBR; Initial account (brief details of the event) Details of any EEK (Early Evidence Kit) used All productions seized and where lodged Victims demeanour, injuries and appearance Details of anyone to whom the victim has disclosed the offence Details of any motor vehicle used to transport the victim 6 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions The information recorded on the IBR MUST be replicated in your police notebook / mobile device. You will be required to provide an operational statement regarding your involvement before the end of your shift. An IBR must not be completed if the complainer is:- Under 16 years of age Intoxicated through alcohol and/or drugs without prior consultation with CID/ DRIU (Divisional Rape Investigation Unit) EEK – Early Evidence Kit The EEK is available as individual component parts along with instructions explaining how to take a sample. The following are elements considered in the EEK; Urine sampling - (all incidents) ideally 2 samples will be taken 1 hour apart. This can assist with establishing how much alcohol has been consumed by the victim which can be important in terms of establishing consent Mouth rinse – where oral penetration is suspected Skin swabs (for non-intimate swabs around the mouth etc.) Discarded items - such as tissues (wiping after using the toilet) or condoms. Victims of sexual offences may give conflicting and/or little information about the nature of the offence and might be embarrassed, ashamed or unable to articulate the exact details. This can make it very difficult to ascertain which parts of the early evidence kit to utilise. If in doubt use all the modules of the early evidence kit, however think of what evidence you are trying to secure and its relevancy. If the victim must go to the toilet, an early evidence kit should be used to obtain a urine sample and the victim instructed to retain any toilet tissues, corroboration of this recovery will be required. If in any doubt contact the PPU/CID for assistance on what samples should be obtained. 7 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Note:- See Appendix C in relation to utilising the early evidence kits. Suspect Considerations If you are involved with the suspect in the enquiry you must consider the following; If the suspect is present at the scene you attend, separate them from the victim and avoid cross contamination of evidence Record any spontaneous remarks made about the incident verbatim Contact PPU/DRIU/CID for instruction prior to suspect being arrested on suspicion in relation to rape and penetrative sexual offences Suspect to be transported in separate vehicle to that of the victim Ensure clothing and mobile phone/other communication devices are seized Consider placing the suspect in a dry/observation cell to preserve potential forensic evidence. Role of the Sexual Offences Liaison Officer Although you may be responsible for obtaining an initial account (bullet points/IBR) to establish what has happened, a full statement should be obtained only by a specialist officer such as a Sexual Offences Liaison Officer (SOLO), who has received training to a national standard. The immediacy of the SOLO deployment will depend on the crime, the victim’s availability and the circumstances you have obtained in the IBR/initial account, in any case the SOLO will make contact with the victim within 24hrs. Remember it remains your responsibility as the initial responding officer to secure any early evidence in the early evidence kit and the IBR. The SOLO should be in a position to act as the main liaison with the victim and as such be able to maintain contact and provide updates, ultimately providing continuity for both the victim and the Senior Investigating Officer. 8 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions The work undertaken by the SOLO provides the platform for the investigation and requires the SOLO to be fully briefed on all aspects of the case at the outset. SOLO Investigative Responsibilities and Victim Care The main responsibilities of the SOLO are; Make contact with the victim within 24hrs (if incident not very recent) Consider EEK if not utilised by first responders Ensure the safety and wellbeing of the victim Arrange FME with consent from victim Must brief the Forensic Practitioner (FP) prior to any examination Arrange a convenient time date and location for the interview Afford the victim opportunity to specify the gender of the interviewing officer (officer noting full statement) and any interpreter – If unable to accommodate, this should be recorded and the SIO informed Best practice two SOLO’s obtain and corroborate statement If two SOLO’s are not available then the SOLO must be accompanied by another officer for corroboration purposes and should not be deployed on their own where practical Accommodate any request from the victim to have a support person/advocacy worker present during interview (where possible) Offer relevant support services Ensure Rape Crisis Scotland referral procedures are completed Support victim throughout the duration of the enquiry and any ensuing court procedures Explain the production process and determine whether the victim wishes their property returned. It must be explained that SOLO may not be the person returning the property and the condition of the property may differ due to forensic examination. SOLO's are not deployed to all sexual offences, only the following offences:- 9 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Section 1 of ‘the Act’ - Rape; Section 2 of ‘the Act’ - Sexual assault by penetration; Attempts to commit any of the above offences; Section 46 of ‘the Act’ - Sexual abuse of trust of a mentally disordered person; Incest; Rape - Common Law pre-December 2010; Lewd, Indecent and Libidinous Practices - Common Law pre- December 2010; Section 3 of ‘the Act’ - sexual assault (where the SIO considers the nature of the assault is such that the appointment of a SOLO is necessary); Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015; Abduction with intent to commit any of the above offences; Any other sexually motivated offence where the SIO considers the appointment of a SOLO necessary. Forensic Medical Examination (FME) of Victims In many sexual offences, a medical examination is essential. This examination is carried out by a Forensic Physician (FP) and the evidence could be crucial in any subsequent prosecution. During FME the FP will take care of any medical, emotional or wellbeing needs that a victim may have. They will also organise any necessary follow up healthcare or support, including checking for and treating sexually transmitted infections and providing emergency contraception. They will check for any injuries and other effects of the incident. An FME might include an internal examination. A camera (Colposcope) which provides light and magnification may be used for this. In terms of collecting evidence this may include body fluids, DNA or hair that have been transferred to the victims clothing. The FP may take specimens, such as internal swabs, blood samples, urine samples, nail scrapings, hair cuttings and swabs from skin which will be forwarded to a laboratory for examination which may establish the identity of the accused. The longer the delay the less likely that suitable traces will be found. The FP will ask the victims consent to each part of the examination 10 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions This examination should be carried out as soon as possible after the reported incident but certainly within the 7 day forensic window. If the incident is very recent it allows the victim early opportunity to wash and change. SOLO Responsibilities in terms of FME Arrange FME at a time conducive to victim welfare whilst ensuring optimum forensic capture If there are concerns sexual activity was drug/alcohol assisted, ensure that a blood sample is obtained by the FP during the FME along with accurate height and weight recording Ensure victim if provided the right to request the gender of the FP and inform the FP of that request, if the wish cannot be accommodated any decision should be recorded Where the victim is a different gender from the SOLO, another SOLO of the same gender as the victim must be present for examination Seize forensic samples and productions from the FP ensuring all are signed and dated Corroborate the seizure of forensic samples and productions and package each sample. Ensure all relevant signatures are obtained Seize a medical report prepared by the FP It should be borne in mind that an examination of this nature is often the last thing that a victim of a sexual offence wants. It must be patiently and sympathetically explained to him or her that the whole prosecution may hinge on this medical evidence and it is of vital importance. Complaints of a Non-Recent Nature A complaint of a sexual offence is considered to be non-recent if it happened one year ago or longer. When such an incident is reported you should make your supervisor aware and a supervisor from CID or Public Protection Unit. This will allow for an early discussion around the circumstances reported and allocation of an enquiry officer. It should be noted that the date of the crime will not impact on the level of service or investigation afforded to the victim making the 11 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions report. This message will be relayed to the victim in order to help build their trust and confidence in the police and the investigation. Feedback 1 F1 Feedback will be given by your instructor. 12 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Activity 2 A2 Write down examples of evidence that may be obtained from the locus of a sexual offence. Welfare Throughout the period the victim spends with the police, every consideration should be given to their comfort and wellbeing. The victim should never be left alone unless they specifically makes such a request. If this request is made, then a risk assessment must be made ensuring the safety of the victim at all times. Steps should be taken to ensure that victims are accommodated within comfortable surroundings and not left sitting in corridors, etc., while discussions take place as to the next stage of the police enquiry. Consider contacting a friend or family member not associated with the incident if the victim consents. Clothing worn at the time of the attack will be seized for forensic examination. This clothing should not be taken from the victim until fresh clothing is made available. Clothing can retrieved from the victims home on their behalf, alternatively, guidance will be given locally as to resources available to provide the victim with clothing. 13 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Needless worry can be caused because the victim is not made aware of what is happening and for what reasons. Explain every stage of the investigation to the victim. Victims of sexual offences can often be concerned that if they report what has happened to them their name will be in the press. It is a long established practice in Scotland that victims of sexual crimes cases remain anonymous in court. You must ensure if questioned by the press or public that you DO NOT disclose the identity of a victim. Victims should be reassured that their anonymity will be preserved in any court proceedings. A properly redacted statement will be disclosed to the defence. Feedback 2 F2 Here are some examples of evidence that may be obtained from the locus of a sexual offence:- fingerprints footprints hair fibres of clothing blood/semen stains discarded items left at scene any evidence of a struggle CCTV It should be noted that this is not an exhaustive list. 14 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions External Agencies The following national agencies are available to support and assist victims of sexual offences. Check in your own area what additional agencies your community can provide. Rape Crisis centres Victim Support Schemes Pregnancy Advice Sexual Health Clinics Criminal Injuries Compensation Board Activity 3 A3 Please answer the following, What must always be the first consideration shown to the victim? What does Section 8 of the Victims and Witnesses (Scotland) Act 2014 state is a victims right? When an incident of a sexual nature is considered non-recent, who should be contacted? 15 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Activity 3 continued A3 As the initial officer to speak with the victim what would you consider noting within your notebook? Wellbeing W At all times you should be aware of your own mental and physical wellbeing, as well as that of your colleagues. Talk to your supervisor or colleagues with any concerns you have. There are many support options available to you including TRiM counsellors and the Employee Assistance Programme. Please refer to Unit 5 lesson note on ‘Health and Wellbeing’ and information available on the Police Scotland intranet. 16 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Feedback 3 F3 What must always be the first consideration shown to the victim? Your main consideration is to prioritise the safety and wellbeing of the victim What does Section 8 of the Victims and Witnesses (Scotland) Act 2014 state is a victims right? A victim's right to specify gender of interviewer. When an incident of a sexual nature is considered non-recent, who should be contacted? Your Supervisor and a Supervisor from CID and PPU Public Protection Unit As the initial officer to speak with the victim what would you consider noting within your notebook? Need for medical assistance Exact nature of offence to identify forensic opportunities for use of Early Evidence Kit (EEK) Identify location and description of suspect if known Location of crime scene(s) Time of offence in order to prioritise action Exact nature of offence(s) to identify forensic opportunities for using Early Evidence Kits and to enable the SOLO to inform the Forensic Physician Activities since the offence took place which may affect forensic opportunities, e.g. washing, drinking 17 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Feedback 3 continued F3 Identity and contact details of any other person(s) informed of the offence by the victim Identity and contact details of any witness(es) to the offence or to events immediately prior to or after the offence What victim has told you in their words Demeanour of the victim Condition of clothing (seize, irrespective of damage or if washed) 18 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Appendix A 19 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Appendix B 20 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 21 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 22 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 23 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 24 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 25 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions 26 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Appendix C Blood Kit Urine Kit 27 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Condom Collection Kit Mouth Rinse Kit 28 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions Which parts of Early Evidence Kit to Use When: Nature of complaint Actions to preserve evidence Victim given alcohol Urine samples (obtain as soon as possible or drugs or was noting time taken, height and weight of voluntarily intoxicated victim) Oral intercourse Mouth swabs or Mouth rinse Victim should be requested not to eat, drink, clean teeth or smoke Penetrative Using toilet should be delayed (unless intercourse or victim has had drugs/alcohol). In all other external ejaculation circumstances if the toilet is used to urinate has occurred close to or defecate the tissue paper used should be genitalia retained as should any sanitary dressings. If anal rape is suspected a stool sample should be retained. Victim should not wash or bathe where possible. Victim was kissed, Recover any clothing removed prior to licked and/or bitten on attendance. a skin surface or held/gripped in a Victim should not wash, bathe, brush their particular area (skin hair, remove jewellery or change their or clothing) clothing. Victim forced to Hand or jewellery swabs should be taken masturbate the and any jewellery removed prior to offender attendance recovered. Items were discarded Items should be recovered and at the scene appropriately packaged. Condom pots should be used where used condoms are recovered to avoid destroying DNA evidence of the victim on the exterior surface. Lost items must be recorded as these may be at the scene or taken by the offender. 29 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 9.1 Sexual Offences - Initial Actions For further information, use the resources shown below:- Legal Database:- SCL 12 - Sexual Offences Review: You can explain initial actions when investigating sexual offences You can explain considerations relating to the welfare of victims of sexual offences Learning Log: How will what you have learned in this lesson impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this lesson? End of Module 30 Protection and Wellbeing in Our Communities OFFICIAL