326 Sexual Assault Investigation (Revised 02-19-2021)FRIDLEY POLICE DATE OF ISSUE NUMBER:
GENERAL ORDER September 9, 2019 326
SUBJECT: REVISION DATE SECTION:
Sexual Assault Investigation February 19, 2021 Yellow
I. PURPOSE
The purpose of this policy is to provide employees with guidelines for responding
to reports of sexual assault. This agency will strive:
1. To afford maximum protection and support to victims of sexual
assault or abuse through a coordinated program of law
enforcement and available victim services with an emphasis on a
victim centered approach;
2. To reaffirm peace officers' authority and responsibility to
conducting thorough preliminary and follow up investigations and
to make arrest decisions in accordance with established probable
cause standards;
3. To increase the opportunity for prosecution and victim services.
II. POLICY
It is the policy of the Fridley Police Department to recognize sexual assault as a
serious problem in society and to protect victims of sexual assault by ensuring its
peace officers understand the laws governing this area. Sexual assault crimes are
under-reported to law enforcement and the goal of this policy is in part to improve
victim experience in reporting so that more people are encouraged to report.
All employees should take a professional, victim-centered approach to sexual
assaults, protectively investigate these crimes, and coordinate with prosecution in
a manner that helps restore the victim’s dignity and autonomy. While doing so, it
shall be this agency’s goal to decrease the victim’s distress, increase the victim’s
understanding of the criminal justice system and process, and promote public
safety.
Peace officers will utilize this policy in response to sexual assault reported to this
agency. This agency will aggressively enforce the laws without bias and prejudice
based on race, marital status, sexual orientation, economic status, age, disability,
gender, religion, creed, or national origin.
III. REFERENCES
Minnesota Statutes § 13.82 Comprehensive Law Enforcement Data
Minnesota Statutes § 518B.01 Domestic Abuse Act
Minnesota Statutes § 609.342 1st Degree Criminal Sexual Conduct
Minnesota Statutes § 609.343 2nd Degree Criminal Sexual Conduct
Minnesota Statutes § 609.344 3rd Degree Criminal Sexual Conduct
Minnesota Statutes § 609.345 4th Degree Criminal Sexual Conduct
Minnesota Statutes § 609.3451 5th Degree Criminal Sexual Conduct
Minnesota Statutes § 609.347 Evidence in Criminal Sexual Conduct Cases
Minnesota Statutes § Section 260E Reporting of Maltreatment of Minors
Minnesota Statutes § 626.557 Reporting Maltreatment of Vulnerable
Adults
Minnesota Statutes § 611A.02 Notification of Victim Services and
Victim’s Rights
General Order 302 Evidence Handling
General Order 306 Investigation Notification
General Order 309 Domestic Assault
IV. DEFINITIONS
For purpose of this policy, the words and phrases in this section have the
following meaning given to them, unless another intention clearly appears.
Consent
As defined by Minn. Stat. 609.341, which states:
1. Words or overt actions by a person indicating a freely given
present agreement to perform a particular sexual act with the actor.
Consent does not mean the existence of a prior or current social
relationship between the actor and the complainant or that the
complainant failed to resist a particular sexual act.
2. A person who is mentally incapacitated or physically helpless as
defined by Minnesota Statute 609.341 cannot consent to a sexual
act.
3. Corroboration of the victim's testimony is not required to show
lack of consent.
Child or Minor
A person under the age of 18.
Medical Forensic Examiner
The health care provider conducting a sexual assault medical forensic
examination.
Sexual Assault
A person who engages in sexual contact or penetration with another person in a
criminal manner as identified in MN Statute 609.342 to 609.3451.
Family and Household Member
As defined in Minn. Stat. 518.B.01 Subd.2.b. to include:
1. Spouses or former spouses;
2. Parents and children;
3. Persons related by blood;
4. Persons who are presently residing together or who have resided
together in the past;
5. Persons who have a child in common regardless of whether they
have been married or have lived together at any time;
6. A man and woman if the woman is pregnant and the man is alleged
to be the father, regardless of whether they have been married or
have lived together at any time; and
7. Persons involved in a significant romantic or sexual relationship
Sexual Assault Medical Forensic Examination
An examination of a sexual assault patient by a health care provider, ideally one
who has specialized education and clinical experience in the collection of forensic
evidence and treatment of these patients.
Victim Advocate
A Sexual Assault Counselor defined by Minn. Stat. 595.02, subd. 1(k) and/or
Domestic Abuse Advocate as defined by Minn. Stat. 595.02, subd. 1(1) who
provide confidential advocacy services to victims of sexual assault and domestic
abuse. Victim advocates as defined provide coverage in all counties in
Minnesota. Minnesota Office of Justice Programs (MN OJP) can assist
departments in locating their local victim advocacy agency for the purposes
outlined in this policy.
Victim Centered
A victim-centered approach prioritizes the safety, privacy and well-being of the
victim and aims to create a supportive environment in which the victim’s rights
are respected and in which they are treated with dignity and respect. This
approach acknowledges and respects a victims’ input into the criminal justice
response and recognizes victims are not responsible for the crimes committed
against them.
Vulnerable Adult
Any person 18 years of age or older who:
1. Is a resident inpatient of a facility as defined in Minn. Stat.
626.5572. Subd. 6;
2. Receives services at or from a facility required to be licensed to
serve adults under sections 245A.01 to 245A.15, except that a
person receiving outpatient services for treatment of chemical
dependency or mental illness, or one who is committed as a sexual
psychopathic personality or as a sexually dangerous person under
chapter 253B, is not considered a vulnerable adult unless the
person meets the requirements of clause (4);
3. Receives services from a home care provider required to be
licensed under sections 144A.43 to 144A.482; or from a person or
organization that exclusively offers, provides, or arranges for
personal care assistance services under the medical assistance
program as authorized under sections 256B.0625, subdivision 19a,
256B.0651 to 256B.0654, and 256B.0659; or
4. Regardless of residence or whether any type of service is received,
possesses a physical or mental infirmity or other physical, mental,
or emotional dysfunction:
a. that impairs the individual's ability to provide adequately
for the individual's own care without assistance, including
the provision of food, shelter, clothing, health care, or
supervision; and
b. because of the dysfunction or infirmity and the need for
assistance, the individual has an impaired ability to protect
the individual from maltreatment.
V. PROCEDURE
A. Collaboration with Anoka County CID
It is the procedure of the Fridley Police Department to utilize the Anoka
County Sheriff’s Office Criminal Investigation Division (CID) to handle
the investigation of sexual assaults. Officers of the Fridley Police
Department are expected to know and understand the policies and
procedures outlined in this general order, and to work with the responding
CID detective to ensure a proper investigation is being conducted to
include evidence preservation, witness location and identification, and
suspect identification and apprehension when appropriate.
B. Communications Personnel Response/Additional Actions by Responding
Officers
Communications personnel and/or law enforcement officers should inform
the victim of ways to ensure critical evidence is not lost, to include the
following:
1. Suggest that the victim not bathe, or clean him or herself if the
assault took place recently.
2. Recommend that if a victim needs to relieve themselves, they
should collect urine in a clean jar for testing, and should avoid
wiping after urination.
3. Asking the victim to collect any clothing worn during or after the
assault and if possible, place in a paper bag, instructing the victim
not to wash the clothing (per department policy).
4. Reassure the victim that other evidence may still be identified and
recovered even if they have bathed or made other physical
changes.
C. Initial Officer Response
When responding to a scene involving a sexual assault, officers shall
follow standard incident response procedures. In addition, when
interacting with victims, officers shall do the following:
1. Recognize that the victim experienced a traumatic incident and
may not be willing or able to immediately assist with the criminal
investigation.
2. The officer shall attempt to determine the location/jurisdiction
where the assault took place.
3. Explain the reporting process including the roles of the first
responder, investigator, and anyone else with whom the victim will
likely interact during the course of the investigation.
4. Officers are encouraged to connect the victim with local victim
advocates as soon as possible. Inform the victim that there are
confidential victim advocates available to address any needs they
might have and to support them through the criminal justice system
process. Provide the victim with contact information for the local
victim advocate. Upon victim request the officer can offer to
contact local victim advocate on behalf of the victim.
5. Ask about and document signs and symptoms of injury, to include
strangulation. Officers shall attempt to obtain a signed medical
release from the victim.
6. Ensure that the victim knows they can go to a designated facility
for a forensic medical exam. Offer to arrange for transportation for
the victim.
7. Identify and attempt to interview potential witnesses to the sexual
assault and/or anyone the victim told about the sexual assault.
8. Request preferred contact information for the victim for follow-up.
D. Victim Interviews
This agency recognizes that victims of sexual assault due to their age or
physical, mental or emotional distress, are better served by utilizing
trauma informed interviewing techniques and strategies. Such interview
techniques and strategies eliminate the duplication of interviews and use a
question and answer interviewing format with questioning nondirective as
possible to elicit spontaneous responses.
In recognizing the need for non-traditional interviewing techniques for
sexual assault victims, officers should consider the following:
1. Offer to have a confidential victim advocate present (if possible) if
the victim would benefit from additional support during the
process.
2. Whenever possible, conduct victim interviews in person.
3. Make an effort to conduct the interview in a welcoming
environment.
4. Let the victim share the details at their own pace.
5. Recognize victims of trauma may have difficulty remembering
incidents in a linear fashion and may remember details in days and
weeks following the assault.
6. After the initial interview, consider reaching out to the victim
within a few days, after at least one sleep cycle to ask if they
remember any additional details.
7. Depending on the victim, additional interviews might be needed to
gather additional information. Offer support from a victim
advocate to the victim to help facilitate engagement with the
investigative process and healing.
8. Some victims do remember details vividly and might want to be
interviewed immediately.
9. During initial and subsequent victim interviews, officers should
note the following information as victims share it, recognizing that
a victim may not be able to recall all the details of the assault
during a particular interview.
a. Whether the suspect was known to the victim
b. How long the victim knew the suspect
c. The circumstances of their meeting and if there is any
indication of the use of drugs or alcohol to facilitate the
sexual assault
d. The extent of their previous or current relationship
e. Any behavioral changes that led the situation from one
based on consent to one of submission, coercion, fear, or
force
f. Specific actions, statements, and/or thoughts of both victim
and suspect immediately prior, during, and after assault
g. Relevant communication through social media, email, text
messages, or any other forms of communication
E. Special Considerations - Minors and Vulnerable Adults/Domestic Abuse
Victims
1. Minors and Vulnerable Adults
This agency recognizes that certain victims, due to their age or a
physical, mental, or emotional distress, are better served by
utilizing interview techniques and strategies that eliminate the
duplication of interviews and use a question and answer
interviewing format with questioning as nondirective as possible to
elicit spontaneous responses. Members of this agency will be alert
for victims who would be best served by the use of these
specialized interview techniques. Officers, in making this
determination, should consider the victim’s age, level of maturity,
communication skills, intellectual capacity, emotional state, and
any other observable factors that would indicate specialized
interview techniques would be appropriate for a particular victim.
When an officer determines that a victim requires the use of these
specialized interview techniques, the officer should follow the
guidance below.
a. Officers responding to reports of sexual assaults involving
these sensitive population groups shall limit their actions to
the following:
1) Ensuring the safety of the victim;
2) Ensuring the scene is safe;
3) Safeguarding evidence where appropriate;
4) Collecting any information necessary to identify the
suspect; and
5) Addressing the immediate medical needs of
individuals at the scene
b. Initial responding officers should not attempt to interview
the victim in these situations, but should instead attempt to
obtain basic information and facts about the situation,
including the jurisdiction where the incident occurred and
that a crime most likely occurred. Officers should seek to
obtain this information from parents, caregivers, the
reporting party, or other adult witnesses, unless those
individuals are believed to be the perpetrators.
c. Officers responding to victims with special considerations
must comply with the mandated reporting requirements of
Minnesota Statute Section 260E.06 and 626.557, as
applicable. Officers investigating cases involving victims
with special considerations should coordinate these
investigations with the appropriate local human services
agency where required. Any victim or witness interviews
conducted with individuals having special considerations
must be audio and video recorded whenever possible. All
other interviews must be audio recorded whenever possible.
Not all sexual assaults of minor victims require a
mandatory report to social services. This policy recognizes
that in certain cases, notifying and/or the involvement of a
parent/guardian can cause harm to the minor and/or impede
the investigation. Officers responding to the sexual assault
of a minor victim that does not trigger a mandated report
under Minnesota Statute Section 260E.22 should assess for
the impact on the victim and the investigation if
parents/guardians were notified before making a decision to
involve them.
d. Officers should obtain necessary contact information for
the victim’s caregiver, guardian or parents and where the
victim may be located at a later time. Officers should
advise the victim and/or any accompanying adult(s),
guardians or caregivers that an investigating officer will
follow up with information on a forensic interview.
e. The officer should advise the victim’s caregiver, guardian
or parent that if the victim starts to talk about the incident
they should listen to them but not question them as this
may influence any future statements.
2. Victims of Domestic Abuse
Officers responding to a report of sexual assault committed against
a family and household member must also follow the requirements
and guidelines in this agency’s domestic abuse policy and protocol,
in addition to the guidelines in this policy.
F. Protecting Victim Rights
1. Confidentiality: Officers should explain to victims the limitations
of confidentiality in a criminal investigation and that the victim’s
identifying information is not accessible to the public, as specified
in Minn. Stat. section 13.82, subd. 17(b)
2. Crime Victim Rights: Officers must provide the following
information to the victim:
a. Crime victim rights and resource information required to be
provided to all victims as specified by Minn. Stat. section
611A.02, subd. 2(b)
b. If the suspect is a family or household member to the
victim, crime victim rights and resource information
required to be provided to domestic abuse victims, as
specified by Minn. Stat. section 629.341, subd. 3.
c. The victim’s right to be informed of the status of a sexual
assault examination kit upon request as provided for under
Minn. Stat. section 611A.27, subd. 1.
d. Pursuant to Minn. Stat. 611A.26, subd. 1, no law
enforcement agency or prosecutor shall require that a
complainant of a criminal sexual conduct or sex trafficking
offense submit to a polygraph examination as part of or a
condition to proceeding with the investigation, charging or
prosecution of such offense.
3. Other information: Officers should provide to the victim the
agency’s crime report/ICR number, and contact information for the
reporting officer and/or investigator or person handling the follow
up.
4. Language access: All officers shall follow agency policy regarding
limited English proficiency.
G. Evidence Collection
1. Considerations for Evidence Collection
Officers shall follow this agency’s policy on crime scene response.
In addition, officers may do the following:
a. Collect evidence regarding the environment in which the
assault took place, including indications of isolation and
soundproofing. The agency should consider utilizing their
agency or county crime lab in obtaining or processing the
scene where the assault took place. This should be in
accordance to any/all other policies and procedures relating
to evidence collections.
b. Document any evidence of threats or any communications
made by the suspect, or made on behalf of the suspect, to
include those made to individuals other than the victim.
c. In situations where it is suspected that drugs or alcohol may
have facilitated the assault, officers should assess the scene
for evidence such as drinking glasses, alcohol bottles or
cans, or other related items.
d. If the victim has declined or a medical forensic exam will
not be conducted, the officer should obtain victim consent
and attempt to take photographs of visible physical injuries,
including any healing or old injuries. Victim should be
given directions about how to document any bruising or
injury that becomes evidence later after these photographs
are taken.
H. Sexual Assault Medical Forensic Examinations
1. Prior to the sexual assault medical forensic examination the
investigating officer should do the following:
a. Ensure the victim understands the purpose of the sexual
assault medical forensic exam and its importance to both
their general health and wellness and to the investigation.
Offer assurance to the victim that they will not incur any
out-of-pocket expenses for forensic medical exams and
provide information about evidence collection, storage and
preservation in sexual assault cases.
b. Provide the victim with general information about the
procedure, and encourage them to seek further detail and
guidance from the forensic examiner, health care
professional, or a victim advocate. Officers and
investigators cannot deny a victim the opportunity to have
an exam.
c. Officers should be aware and if necessary, relay to victims
who do not want to undergo an exam that there might be
additional treatments or medications they are entitled to
even if they do not want to have an exam done or have
evidence collected. Victims can seek that information from
a health care provider or a victim advocate. If possible,
transport or arrange transportation for the victim to the
designated medical facility.
d. Ask the victim for a signed release for access to medical
records from the exam.
2. Officers should not be present during any part of the exam,
including during the medical history.
3. Following the exam, evidence collected during the exam shall be
handled according to the requirements of agency policy and
Minnesota Statute 299C.106.
I. Contacting and Interviewing Suspects
Prior to contacting the suspect, officers should consider the following:
1. Conduct a background and criminal history check specifically
looking for accusations, criminal charges, and convictions for
interconnected crimes, especially crimes involving violence.
2. Consider conducting a pretext or confrontational call or messaging
depending on jurisdictional statutes. Involvement of a victim
should be based on strong consideration of the victim’s emotional
and physical state. A victim advocate should be present whenever
possible to offer support.
3. When possible, an attempt would be made to interview the suspect
in person.
4. In situations where suspects do not deny that a sexual act
occurred, but rather assert that it was with the consent of the
victim, officers should do the following:
a. Collect evidence of past communication, including but not
limited to all relevant interaction (including social media)
between the suspect and victim.
b. Identify events that transpired prior to, during, and after the
assault in an effort to locate additional witnesses and
physical locations that might lead to additional evidence.
5. For sexual assaults involving strangers, officers should focus
investigative efforts on the collection of video, DNA, and other
trace evidence used for analysis to identify the perpetrator (handle
evidence collection per agency policy).
J. Forensic Examination and/or the Collection of Evidence from the Suspect
A suspect’s forensic examination and/or the collection of evidence from a
suspect may be done by either an investigating officer/investigator,
Forensic Medical Examiner, or the agency/county crime lab personnel.
1. Prior to or immediately after the preliminary suspect interview,
photograph any injuries.
2. Determine whether a sexual assault medical forensic examination
should be conducted.
3. Ask for the suspect’s consent to collect evidence from their body
and clothing. However, officers/investigators should consider
obtaining a search warrant, with specific details about what
evidence will be collected, and should be prepared in advance to
eliminate the opportunity for the suspect to destroy or alter
evidence if consent is denied.
4. During the suspect’s sexual assault medical forensic examination,
the investigator, evidence technician, or forensic examiner should
do the following:
a. Strongly consider penile swabbing, pubic hair combings,
and collection of other potential DNA evidence;
b. Collect biological and trace evidence from the suspect’s
body;
c. Document information about the suspect’s clothing,
appearance, scars, tattoos, piercings, and other identifiable
marks;
d. Seize all clothing worn by the suspect during the assault,
particularly any clothing touching the genital area;
e. Document the suspect’s relevant medical condition and
injuries.
K. Role of the Supervisor
Supervisors may do the following:
1. Assist officers investigating incidents of sexual assault when
possible or if requested by an officer.
2. Provide guidance and direction as needed.
3. Review sexual assault reports to ensure that necessary steps were
taken during initial response and investigations.
L. Case Review/Case Summary
A supervisor should ensure cases are reviewed on an on-going basis. The
review process should include an analysis of:
1. Case dispositions
2. Decisions to collect evidence
3. Submissions of evidence for lab testing
4. Interviewing decisions