Andrea Sundberg Dorene Whitworth 2005 Violence Against Women Act State law NRS 449244 NRS 217310 Purpose for Guidelines Do your current practices fit within the VAWA guidelines Will you need to make changes ID: 438489
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Best Practices Guidelines for Working with Victims of Sexual Assault
Andrea Sundberg
Dorene WhitworthSlide2
2005 Violence Against Women Act
State law
NRS 449.244 NRS 217.310
Purpose for GuidelinesSlide3
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?Slide4
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?Slide5
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?Slide6
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?Slide7
Decide who is most appropriate to community with the adult victimSafety planningDiscuss 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 VictimSlide8
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 VictimSlide9
Use caution to avoid influencing memoryObserve cultural and developmental differences
Reuniting the victim with the non-offending parent or guardian
Interviewing the Child VictimSlide10
Explain the purpose of the exam, e.g. evidence collection, time sensitivity, etcDoes 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 ExamSlide11
Crime scenes may be investigated for before evidence is lostWitnesses may be located and interviewed
Forensic evidence can be processed
Victim can access treatment and counseling under NRS 217.310
Can be empowering for some victims
Police Report – Benefits to ReportingSlide12
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 ImmediatelySlide13
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 Slide14
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 - RamificationsSlide15
No Law Enforcement InvolvementLaw Enforcement – Storage Only
Law Enforcement – Anonymous/Blind Report
Types of “Reporting”Slide16
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 InvolvementSlide17
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 - ConcernsSlide18
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 - LogisticsSlide19
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 OnlySlide20
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 &
ConernsSlide21
Report is made to law enforcement
Victim 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 ReportingSlide22
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 : BenefitsSlide23
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 : BenefitsSlide24
Requires multidisciplinary coordinationInvestigation 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 : ImplementationSlide25
Not the same as a third-party report
Victim is involved just not identified
Common MisunderstandingsSlide26
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 : ChallengesSlide27
Clarify role of community-based advocate
Enact community-wide protocols for response
Provide cross-training for first responders Public education campaigns
Delayed Reporting : Overcoming ChallengesSlide28
Mandatory Reporting in NevadaNRS 202.882Statutory 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 lawsVAWA does not apply to child victims of sexual assault
Mandated Report : Child VictimsSlide29
Discussion with a teacher or school counselorRevelation 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 DisclosuresSlide30
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?Slide31
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 ProcedureSlide32
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 ExaminerSlide33
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 ExamSlide34
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?Slide35
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 : ExamSlide36
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 EvidenceSlide37
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 KitsSlide38
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?Slide39
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?Slide40
Andrea SundbergExecutive Director
Nevada Coalition Against Sexual Violence
(702) 990-3460director@ncasv.org
Dorene Whitworth
Consultant
Nevada Coalition Against Sexual Violence
(775) 721-4691
Contact InformationSlide41
THANK YOU !