Sexual Assault Investigations Policy

601.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults (Utah
Code 53-25-201). These guidelines will address some of the unique aspects of such cases and
the effects that these crimes have on the victims.

Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies.

601.1.1 DEFINITIONS
Definitions related to this policy include:

Restricted sexual assault kit – A sexual assault kit collected from a victim who is at least 18 years
old and at the time of collection declines to have the kit processed or to have the examination form
shared with any entity outside of the collection facility (Utah Code 53-10-902).

Sexual assault – Any crime or attempted crime of a sexual nature, to include but not limited to
offenses defined in Utah Code, Title 76, Chapter 5, Part 4 (Sexual Offenses).

Sexual assault kit – A package of items that is used by medical personnel to gather and
preserve biological and physical evidence following an allegation of a sexual offense (Utah Code
53-10-902).

Sexual Assault Response Team (SART) – A multidisciplinary team generally comprised of
advocates; law enforcement officers; forensic medical examiners, including sexual assault
forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic
laboratory personnel and prosecutors. The team is designed to coordinate a broad response to
sexual assault victims.

601.2 POLICY
It is the policy of the Kaysville Police Department that its members, when responding to reports of
sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively
investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and
protect the safety of the victims and the community.

601.3 QUALIFIED INVESTIGATORS
Qualified investigators should be available for assignment of sexual assault investigations. These
investigators should:

1. Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations.
2. Conduct follow-up interviews and investigation.
3. Present appropriate cases of alleged sexual assault to the prosecutor for review.
4. Coordinate with other enforcement agencies, social service agencies and medical personnel as needed.
5. Provide referrals to therapy services, victim advocates and support for the victim.
6. Participate in or coordinate with the SART or other multidisciplinary investigative teams as applicable.

601.4 REPORTING
In all reported or suspected cases of sexual assault, a report should be written and assigned
for follow-up investigation. This includes incidents in which the allegations appear unfounded or
unsubstantiated.

601.5 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call
to Dispatch, should be the health and safety of the victim, the preservation of evidence, and
preliminary interviews to determine if a crime has been committed and to attempt to identify the
suspect.

Whenever possible, a member of the SART should be included in the initial victim interviews.
An in-depth follow-up interview should not be conducted until after the medical and forensic
examinations are completed and the personal needs of the victim have been met (e.g., change
of clothes, bathing). The follow-up interview may be delayed to the following day based upon the
circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified
investigator.

No opinion of whether the case is unfounded should be included in a report.
Victims should not be asked or required to take a polygraph examination (34 USC § 10451).
Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and
Witness Assistance Policy.

601.5.1 MEMBER RESPONSIBILITIES
A victim, or victim’s designee, should be informed of applicable victim’s rights, including the rights
for victims of sexual offenses (Utah Code 77-37-3). Investigating members shall, in a timely
manner, provide the victim or the victim’s designee with the information required by Utah Code
77-37-3 (e.g., DNA profile obtained, CODIS matches), including, if requested, any significant
changes in the information.

601.5.2 NOTIFICATION UPON ARREST OR ISSUANCE OF A CITATION
When an officer arrests or issues a citation to a person 18 years of age or older for a qualifying
sexual offense, the officer shall provide the individual with the written notice required by Utah Code
78B-7-802. Victims shall be provided notice in accordance with the Victim and Witness Assistance
Policy.

601.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Whenever possible, a SART member should be involved in the collection of forensic evidence
from the victim.

When the facts of the case indicate that collection of biological evidence is warranted, it should
be collected regardless of how much time has elapsed since the reported assault.

If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from
the victim as soon as practicable.

Subject to the requirements set forth in this policy, biological evidence from all sexual assault
cases, including cases where the suspect is known by the victim, should be submitted for testing.

Victims who choose not to assist with an investigation, do not desire that the matter be investigated
or wish to remain anonymous may still consent to the collection of evidence under their control.
In these circumstances, the evidence should be collected and stored appropriately.

601.6.1 DNA TEST RESULTS
Members investigating sexual assault cases should ensure that a victim, or their designee, is
notified of any DNA test results as soon as reasonably practicable (Utah Code 77-37-3).

A SART member should be consulted regarding the best way to deliver biological testing results
to a victim so as to minimize victim trauma, especially in cases where there has been a significant
delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA
databank hits). Members should make reasonable efforts to assist the victim by providing available
information on local assistance programs and organizations as provided in the Victim and Witness
Assistance Policy.

Members investigating sexual assaults cases should ensure that DNA results are entered into
databases when appropriate and as soon as practicable.

601.6.2 COLLECTION AND TESTING REQUIREMENTS
Members investigating sexual assaults or handling related evidence are required to:

1. Notify the victim, or the victim’s designee, if evidence will not be analyzed in a case involving an unknown perpetrator (Utah Code 77-37-3).
2. Take possession of sexual assault kits within one business day after receiving notice from a collecting facility (Utah Code 53-10-904; Utah Code 53-10-907).
   1. The member taking possession of the kit should ensure that the required
      information is entered into the statewide sexual assault kit tracking system within
      five days of receiving the kit from a collection facility.
3. Transfer the kit to the appropriate law enforcement agency within 10 days in cases where the incident occurred in another jurisdiction (Utah Code 53-10-904).
4. Submit the kit to the Utah Bureau of Forensic Services within 30 days of obtaining
   possession of the kit except for cases involving restricted kits (Utah Code 53-10-904).
   1. If available, a suspect standard or a consensual partner elimination standard shall be submitted with the sexual assault kit.
   2. If not obtained until later, the standards shall be submitted as soon as possible but no later than 30 days after the Department obtained possession of the kit.
   3. If the victim informs the Kaysville Police Department that the victim wants to
      have the kit processed and agrees to release of the sexual assault examination
      form with the kit, the kit may no longer be classified as restricted and shall be
      submitted to the Utah Bureau of Forensic Services as soon as possible, but
      no later than 30 days after the victim chooses to unrestrict the kit (Utah Code
      53-10-904).

Additional guidance regarding evidence retention and destruction is found in the Property and
Evidence Policy.

601.7 DISPOSITION OF CASES
If the assigned investigator has reason to believe the case is without merit, the case may be
classified as unfounded only upon review and approval of the Investigation Division supervisor.

Classification of a sexual assault case as unfounded requires the Investigation Division supervisor
to determine that the facts have significant irregularities with reported information and that the
incident could not have happened as it was reported. When a victim has recanted his/her original
statement, there must be corroborating evidence that the allegations were false or baseless (i.e.,
no crime occurred) before the case should be determined as unfounded.

601.8 CASE REVIEW
The Investigation Division supervisor should ensure cases are reviewed on a periodic basis, at
least annually, using an identified group that is independent of the investigation process. The
reviews should include an analysis of:

• Case dispositions.
• Decisions to collect biological evidence.
• Submissions of biological evidence for lab testing.

The SART and/or victim advocates should be considered for involvement in this audit. Summary
reports on these reviews should be forwarded through the chain of command to the Chief of Police.

601.9 RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim, and especially if there are multiple
crimes where more than one appear to be related, consideration should be given to releasing
information to the public whenever there is a reasonable likelihood that doing so may result in
developing helpful investigative leads. The Investigation Division supervisor should weigh the risk
of alerting the suspect to the investigation with the need to protect the victim and the public, and
to prevent more crimes.

601.10 TRAINING
Subject to available resources, periodic training should be provided to:

1. Members who are first responders. Training should include:
   1. Initial response to sexual assaults.
   2. Legal issues.
   3. Victim advocacy.
   4. Victim’s response to trauma.
2. Qualified investigators, who should receive advanced training on additional topics.
   Advanced training should include:
   1. Interviewing sexual assault victims.
   2. SART.
   3. Medical and legal aspects of sexual assault investigations.
   4. Serial crimes investigations.
   5. Use of community and other federal and state investigative resources, such as
      the Violent Criminal Apprehension Program (ViCAP).
   6. Techniques for communicating with victims to minimize trauma.

601.11 PUBLIC ACCESS
This policy shall be published on the Department website for public access (Utah Code 53-25-201).