Broward Sheriff's Office Sexual Assault Standard Operating Procedures PDF

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.13 SEXUAL ASSAULT CASE PROCEDURE: 4.13.1 General: Sexual assault cases present unique challenges to investigating deputies. Victim...

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 4.13 SEXUAL ASSAULT CASE PROCEDURE: 4.13.1 General: Sexual assault cases present unique challenges to investigating deputies. Victims are often in a state of psychological and physical distress. Deputies are expected to conduct thorough investigations while creating a safe, supportive atmosphere for victims. High priority will be assigned to all sexual assault cases to ensure victims' safety and referral to appropriate services. 4.13.2 Initial Response: Regardless of the relationship between victims and suspects, responding deputies will: A. Respond to the scene promptly, request emergency medical assistance if necessary, and secure the crime scene if one can be located. B. Determine the location of the actual crime scene since victims will often report the crime from a location other than the main crime scene. It should also be determined if victims were in a vehicle with the assailant before or after the assault. Efforts should be made immediately to locate and secure other crime scenes. If necessary, request Crime Scene to respond. C. Attempt to gain the victims' trust and confidence by demonstrating understanding, patience, and respect for their personal dignity by using language appropriate for their age, educational level, and emotional condition. D. Conduct a preliminary interview with the victim to establish the facts of the reported crime. This initial questioning should be limited to those matters necessary to identify victims, suspects, witnesses, including the description and location of suspects, witnesses, and physical evidence. If there is a request that a deputy of the same sex conduct the interview, this request should be honored if possible. E. Collect or ensure the collection of physical evidence if for any reason a Crime Scene detective does not respond to the scene. If the victims has changed clothing since the assault, deputies will collect all clothing worn during the incident. F. Arrange for victims to be transported to the Sexual Assault Treatment Center (SATC) for examination. If victims want to be accompanied by a relative or close friend, deputies should be as obliging as possible. However, deputies should not allow the friend or relative to attend or participate in the interview if possible. G. Before transporting victims to the Sexual Assault Treatment Center, they should be advised that it might be necessary for their clothing to be taken as evidence and bring a complete change of clothing. Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 1 of 6  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES H. Stress the value of visiting the Sexual Assault Treatment Center for a physical examination and counseling regardless of the decision to prosecute. Deputies will explain that the examination and future counseling are free. If victims refuse to go, deputies will provide victims with contact information for the center, should victims change their mind on the need for future treatment and counseling. I. Provide victims with a copy of the Victim/Witness Handbook (BSO RP#25) as required by law. J. At no time during the investigation solicit a waiver of prosecution from victims. K. Victims must be given a BSO “Marsy’s Law Rights & Request for Confidentiality form,” 4.13.3 Sexual Assault Treatment Center: A. All adult or juvenile sexual battery cases will be referred to the Sexual Assault Treatment Center. B. The Sexual Assault Treatment Center operates 24-hours a day, seven days a week and provides free physical examinations and medical services to victims of sexual battery and counseling to victims and their families. C. Deputies with sexual battery victims will: 1. Inform the victim of the purpose for submitting evidence for testing. [CFA 27.14B] 2. Transport victims to the Sexual Assault Treatment Center. Victims should be strongly discouraged from providing their own transportation. Deputies may transport a relative or close friend with victims if needed. 3. Notify Communications with their beginning and ending mileage when they are en route to and from the Sexual Assault Treatment Center with a victim of the opposite sex. Communications will provide time and location checks for deputies in transit to and from the center. 4. Remain at the Sexual Assault Treatment Center and transport victims to their home after the examination. D. If victims refuse to go to the Sexual Assault Treatment Center the deputy will strongly encourage victims to go to the SATC for a physical examination. Deputies will provide the victim with contact information for the center should they determine to go for future Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 2 of 6  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES treatment or counseling. 1. Deputies will inform the victim of their right to request testing by a law enforcement agency that collects other DNA evidence associated with the sexual offense if a kit is not collected. [CFA 27.14C] 4.13.4 Sexual Assault Treatment Center Procedure: A. Deputies will ask Communications to advise the Sexual Assault Treatment Center they are en route with a victim. B. Sexual Assault Treatment Center staff will require deputies to sign a routine request for examination and reimbursement. C. Deputies will prepare a Property Receipt for the Sexual Assault Treatment Center's rape kit used in the victim's examination. Rape kits will remain at the Sexual Assault Treatment Center, under refrigeration, until picked up by a representative of Criminal Investigations. The Property Receipt will remain with the rape kit. Deputies will keep the last copy to submit with their Event Report. 1. Sexual offense evidence kits (rape kits) collected at the SATC must be submitted to the BSO Crime Lab for forensic testing within 30 days of receipt or upon request by individuals identified in Florida Statute to have it tested.[CFA 27.14A] a. Upon submission of evidence to the Crime Lab, evidence kits will be stored in a secure, environmentally safe manner until the prosecuting agency has approved of its destruction. [CFA 27.14D] 4.13.5 Conducting the Investigation: A. In each case of actual or suspected sexual assault, responding deputies will complete an Event Report classified as Sexual Battery Adult, Sexual Battery Juvenile, or Indecent Assault depending on the allegation. Deputies will not code out a report of actual or suspected assault. B. Deputies will not disregard a complaint due to: 1. Assertions by the suspect that consensual sex occurred 2. Chemical dependency or intoxication of the parties 3. Marital status, sexual orientation, gender, gender identity, race, religion, Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 3 of 6  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES profession, or cultural, social, or political position of either the victim or suspect 4. Disability status of the victim including physical, sensory, or emotional disability 5. Status of the suspect as a law enforcement officer 6. Current or previous relationship between the victim and suspect 7. Their belief that the victim will not co-operate with criminal prosecution or the arrest may not lead to conviction 8. Occurrence of the incident in a private place 9. Disposition of previous police calls involving the same victim or suspect 10. Sexual or criminal history of the victim 11. Lack of physical resistance 12. Manner of the victim's dress or behavior 13. Victim's request that the suspect use a prophylactic device 14. Assumption about the tolerance of violence by cultural, ethnic, religious, racial, or occupational groups C. Deputies will ensure all elements of the reported offense are included in the Event Report. Event Reports should include the following: 1. Documentation of all verbal or written statements 2. Documentation of names, addresses, telephone numbers, and statements of all witnesses Note: All information which can be used to identify the victim (e.g., name, date of birth, address, occupation, and place of employment) will remain confidential in accordance with Florida law. 3. Documentation of alternative addresses and other location identifiers in case the victim changes location (i.e., names and addresses of key victim contact persons) 4. Information regarding the relationship between the victim and offender if any Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 4 of 6  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 5. Documentation of all evidence 6. Documentation of all injuries (visible and complaint of pain) 7. Documentation of unusual or suspicious behavior and fetishes on the part of the suspect 8. Reference to all related reports 9. Documentation of related reports D. Upon completion of the final sexual battery report (Investigative Action Report), detectives will permit the victim to review the report and complete a “Final Report Review Form” (Statement of Accuracy) - BSO CRI #49. Use BSO CRI #49A (Final Report Review Continuation Form) if more space is needed. The detective will attach the “Final Report Review Form (Statement of Accuracy) - BSO CRI 49/49A to the final report and file it with the State Attorney’s Office according to BSO case filing procedures or the Record’s Division, as applicable. Note: If the victim is under 16 years of age, detectives will permit the victim’s non- offending legal guardian to review the final report and complete the “Final Report Review Form” (Statement of Accuracy) – BSO CRI #49/49A on behalf of the victim. 4.13.6 Required Notification for Sexual Assault and Sexual Abuse Cases: A. The Special Victims Unit (SVU) supervisor will be immediately notified of all sexual battery incidents or other sex-related offenses where an arrest is made. The patrol supervisor should make all notifications. After receiving notification, the SVU supervisor will determine when a SVU detective and/or victim advocate will respond to the crime scene. In all cases, a SVU detective and victim advocate will respond to any sexual battery scene unless circumstances dictate otherwise. 1. The victim will be offered crisis intervention, advocacy and referral to a certified rape crisis center. 2. Deputies will arrange for transportation to the appropriate facility. B. If the victim is a juvenile: 1. Deputies will try to notify the parent or guardian. Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 5 of 6  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 2. A duty judge will be contacted for a court order authorizing a medical examination and/or treatment if the parent or guardian cannot be reached. 3. Deputies will contact the Department of Children and Families (DCF), via the toll- free abuse hotline (1-800-96-ABUSE), if the suspect is known to be or may be in a caretaker relationship to the juvenile (parent, teacher, guardian, other relative, babysitter, etc.) or any other case involving allegations of juvenile-on-juvenile sex offenses. 4. Deputies will contact DCF, via the toll-free hotline, on all cases involving juvenile on juvenile sex offenses. 5. Deputies will contact the local DCF crisis unit if circumstances exist which give rise to a reasonable belief that the juvenile should immediately be removed from the home. Note: This notification requirement also applies to physical abuse and neglect cases. C. Deputies will notify the DCF crisis unit or abuse hotline on cases of sexual battery or abuse when the victim is a juvenile or an elderly person (as described by Florida Statutes) when the suspect is in a caretaker relationship to the victim. NOTICE These Standard Operating Procedures are considered law enforcement sensitive and contains certain information that is exempt under Florida Public Records Law. Outside or public requests for information from this Standard Operating Procedures Manual must be directed to the Office of the General Counsel for review and redaction, if necessary, prior to disclosure. Reviewed: 09/01/2021 Revised: 09/16/2021 Rescinds: 12/05/2019 Effective: 09/17/2021 4.13 Page 6 of 6