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Police department management of sexual assault cases

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Title:
Police department management of sexual assault cases a retrospective analysis
Creator:
Jimmerson, Katherine ( author )
Place of Publication:
Denver, Colo.
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University of Colorado Denver
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English
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1 electronic file (138 pages) : ;

Thesis/Dissertation Information

Degree:
Master's ( Master of criminal justice)
Degree Grantor:
University of Colorado Denver
Degree Divisions:
School of Public Affairs, CU Denver
Degree Disciplines:
Criminal justice

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Subjects / Keywords:
Rape ( lcsh )
Sex crimes -- Investigation ( lcsh )
Rape ( fast )
Sex crimes -- Investigation ( fast )
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bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

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Law enforcement agencies face complex and sensitive challenges when handling sexual assault cases. Collaborations among patrol, detectives, and victim advocates create a complicated network that often depends on clear communication and attention to detail. The purpose of this research is to offer a retrospective analysis of sexual assault cases reviewed and evaluated by police officers, supervisory personnel, crime scene investigators, and victim advocates for the purpose of identifying weaknesses in the investigative process and recommending applicable best practices. Case analysis data are aggregated to determine patterns in responses and actions from first responders, detectives, crime scene investigators, and victims' services. The research also explores victim and incident demographics; for example, the use of drugs and alcohol, type of harm, and disposition of the case. Additionally, the research examines department demographics and perceptions on the dynamics of sexual assault and subsequent investigations. Quantitative and qualitative data address the strengths, weaknesses, and outcomes of the cases. The results of the study contribute to establishing best practices for police departments in investigating sexual assaults and providing victims' services.
Bibliography:
Includes bibliographical references.
System Details:
System requirements: Adobe Reader.
Statement of Responsibility:
Katherine Jimmerson.

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Source Institution:
University of Colorado Denver Collections
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Auraria Library
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
987249707 ( OCLC )
ocn987249707
Classification:
LD1193.P74 2016m J56 ( lcc )

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Full Text
POLICE DEPARTMENT MANAGEMENT OF SEXUAL ASSAULT CASES: A
RETROSPECTIVE ANALYSIS
by
KATHERINE JIMMERSON B.A. International Relations, University of Denver, 2009
A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirements for the degree of Master of Criminal Justice Criminal Justice Program
2016


2016
KATHERINE JIMMERSON ALL RIGHTS RESERVED
11


This thesis for the Master of Criminal Justice degree by Katherine Jimmerson has been approved for the Criminal Justice Program by
Mary Dodge Callie Rennison, Chair Lucy Dwight
December 17, 2016


Jimmerson, Katherine (M.C.J., Criminal Justice)
Police Department Management of Sexual Assault Cases: A Retrospective Analysis Thesis directed by Professor Mary Dodge
ABSTRACT
Law enforcement agencies face complex and sensitive challenges when handling sexual assault cases. Collaborations among patrol, detectives, and victim advocates create a complicated network that often depends on clear communication and attention to detail. The purpose of this research is to offer a retrospective analysis of sexual assault cases reviewed and evaluated by police officers, supervisory personnel, crime scene investigators, and victim advocates for the purpose of identifying weaknesses in the investigative process and recommending applicable best practices. Case analysis data are aggregated to determine patterns in responses and actions from first responders, detectives, crime scene investigators, and victims services. The research also explores victim and incident demographics; for example, the use of drugs and alcohol, type of harm, and disposition of the case.
Additionally, the research examines department demographics and perceptions on the dynamics of sexual assault and subsequent investigations. Quantitative and qualitative data address the strengths, weaknesses, and outcomes of the cases. The results of the study contribute to establishing best practices for police departments in investigating sexual assaults and providing victims services.
The form and content of this abstract are approved. I recommend its publication.
Approved: Mary Dodge
IV


DEDICATION
E.H.W.
&
EC.
v


ACKNOWLEDGEMENTS
This thesis is the result of the constant support and guidance from Mary Dodge. As my professor, you taught me to analyze issues from diverse perspectives. As my mentor, you have supported me in pursuing thoughtful and critical research. You believed in my abilities to manage this research even when I questioned it myself, and you have instilled in me a determination to continue contributing substantial research in the field of sexual assault.
Your wit and encouragement have fostered not only the work in this research, but my success in this graduate program as a whole, and my personal growth over the last two years.
Sincere gratitude is due to my committee members Callie Rennison and Lucy Dwight. Callie engaged me in quantitative statistics and allowed me to develop these skills throughout my time at CU Denver. You helped me develop the ability to understand the complexities of criminal justice research, and you always encouraged me to keep learning. Lucys input on methodology was invaluable when managing such a daunting data set. Her expertise and advice on such complicated data was a necessary component in advancing this research.
I would like to acknowledge the supportive members of the police department, K.M and F.G., who exhibited a genuine willingness to improve sexual assault case management and services to victims through sound policing methods. Your transparency and support of this project is a significant advancement in the field sexual assault case management.
Finally, I must acknowledge the strong and constant support from my family that made this research possible.
IRB number: COMIRB Protocol 16-0857 Submission ID: APP001-2
vi


TABLE OF CONTENTS
CHAPTER
I. INTRODUCTION...........................................................1
II. LITERATURE REVIEW.....................................................4
Underreporting Sexual Assaults.........................................5
Rape Myth.............................................................10
Detrimental Police Behavior...........................................14
Sexual Assault Case Outcomes..........................................20
Secondary Traumatization and Investigative Effects on Victims.........23
Sexual Assault Investigative Best Practices...........................25
Law Enforcement Best Practices.................................25
Academic Improvements and Policy Implications..................35
III. METHODOLOGY.........................................................41
Instruments, Materials, and Measures..................................41
Internal Department Survey........................................42
Audit Surveys.....................................................43
Supplemental Case Information.....................................45
Survey Administration and Data Collection.............................46
Internal Department Survey........................................46
Audit Surveys.....................................................47
Supplemental Case Information.....................................49
Analytic Technique....................................................49
Qualitative.......................................................50
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Quantitative
50
IV. FINDINGS.....................................................................52
Quantitative..................................................................52
Participants..............................................................52
Internal Department Survey.............................................52
Audit Survey Participants..............................................53
Supplemental Case Information.............................................53
Internal Department Survey................................................55
Perceptions of Investigations and the Criminal Justice System..........56
Exploration of Rape Myths and Sexual Assault Reporting.................57
Audit Survey Results......................................................59
Investigative Process: Patrol (First Responder)........................61
Investigative Process: Detective.......................................61
Evidence Collection and Management: Crime Scene Investigator...........62
Victim Demographics....................................................63
Incident Demographics..................................................64
Victim Services Process................................................65
Relationships Among Employment Status and Documented Case Ratings........66
Qualitative Findings..........................................................70
Victim Emotional, Physical and Psychological Attributes................71
Investigation..........................................................73
Patrol.............................................................74
viii
Evidence
75


Investigative Techniques.......................................75
Additional Victims.............................................76
Detective Participation...........................................76
Response and Investigation.....................................77
Follow-Up Delays...............................................77
Documentation.....................................................78
Victim Condition...............................................79
Victim Services...................................................79
Victim Substance Use..............................................81
V. DISCUSSION AND CONCLUSION................................................82
Recommendations..........................................................87
Limitations..............................................................90
Future Research..........................................................92
REFERENCES.....................................................................94
APPENDICES
A. Internal Department Survey...............................................98
B. Evidence Collection and Management: Crime Scene Investigator Survey.....100
C. Investigative Process: Patrol (First Responder) Survey..................103
D. Investigative Process: Detective Survey.................................106
E. Victim Demographics Survey..............................................110
F. Suspect Demographics Survey.............................................113
G. Incident Demographics Survey............................................115
H. Victim Services Process Survey..........................................118
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I. IACP Supplemental Sexual Assault Report Form
122
x


LIST OF TABLES
TABLES
1. Victim and Suspect Demographics from Supplemental Case Information......54
2. Participant Demographics and Characteristics............................55
3. Important Components of Reporting Sexual Assault........................59
4. Incident Demographics Survey- Case Dispositions.........................65
5. Patrol Report Quality and Employment Status.............................68
xi


LIST OF FIGURES
FIGURES
3.1 Illustration of Data Sets........................................................42
3.2 Research Timeline...............................................................46
4.1. Ability to Effectively and Appropriately Investigate Sexual Assaults...........56
4.2. Perceptions of Rape Myths.......................................................58
4.3. Rating Distribution Among Auditors in Investigative Process: Detective.........69
4.4. Percentage of Cases Exhibiting Specific Weaknesses.............................71
xii


CHAPTER I
INTRODUCTION
In May 2015, a mid-sized police department in a Western state began researching practices and policies to explore sexual assault cases reported from March 2012 to October 2014. This project was undertaken in order to achieve a comprehensive picture of how sexual assaults were managed in the jurisdiction. The department established eight audit teams to review 90 sexual assault cases. The evaluation was initiated by the department to determine the level of service provided to victims of sexual assault in order to enhance the agencys ability to make improvement and build on strengths from initial investigations to case closure.
The department discovered the scope of the research exceeded internal resources and requested assistance from outside experts to accomplish their goals of conducting a thorough assessment of sexual assault case management. Given this, the current research offers a retrospective analysis of sexual assault cases for the purpose of identifying weaknesses in case management and developing and implementing best practice recommendations.
The current research was undertaken to provide a comprehensive analysis of secondary data. The research applies a mixed methods approach using quantitative and qualitative data from three data sets to retrospectively explore the management of sexual assault cases. The exploratory nature of this study examines the management of reported sexual assault cases including first responders, detectives, crime scene investigators and victim advocates. The goal of the research was to assist in identifying effective approaches and best practices in case investigations. The research identifies practices, weaknesses, and outcomes in case management at multiple levels of the investigation.
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Specifically, the research explores central aspects of what may or may not occur after a sexual assault is reported to police. The study examines early stages of case investigation, including patrol contact and evidence collection. Subsequent analyses include investigation, detective participation and follow-up, crime scene investigation, investigative techniques, and victim services. Finally, the research evaluates subsequent elements including case outcome, case inactivation, and overall case quality to determine areas that may lack effective means of managing sexual assault cases in an appropriate manner.
This research is an important contribution to the growing body of literature on law enforcement sexual assault investigations. The findings suggest ways to improve case outcome and improve experience for departmental personnel and victims. The results contribute to establishing best practices across the law enforcement spectrum using a research-driven policy approach.
Chapter 2 includes a review of the current literature surrounding sexual assault case investigation. This section provides historical background and a current framework for determining best practices in sexual assault case management. Included are discussions on the prevalence of underreporting sexual assault and the pervasiveness of rape myth subscription in communities and law enforcement. Further, it describes police behavior that negatively impacts investigations and corresponding case outcomes. Finally, the literature review examines how the criminal justice process affects victims, and outlines current best practices and policy recommendations posited by experts in the field.
Chapter 3 describes the mixed methodology utilized to conduct the research. Chapter 4 discusses the findings of the research. Chapter 5 presents the research findings and limitation in the context of current law enforcement practices and offers policy
2


recommendations and opportunities for future research.
3


CHAPTER II
LITERATURE REVIEW
In order to accomplish the goals of this research, this section reviews relevant literature. It begins by providing mainstay information on underreporting, followed by research on rape myths. Next, the review focuses law enforcement activity that negatively affects the victim and case outcomes. The review concludes with current best practices and recommendations from both the criminal justice and academic sectors.
The management of sexual assault cases by police departments is a complex and multi-dimensional issue with numerous challenges and limitations. Many troublesome issues arise from low reporting rates, police and community acceptance of rape myths, detrimental police behavior, and poor case outcomes. Additionally, negative effects on victims related to reporting and investigation, contribute to the difficulty of developing and implementing best practices within a department, and the criminal justice system as a whole. Extant literature explores the impact these variables have on the ability of police departments to respond to sexual assault and deliver justice to both perpetrator and victim. Current literature provides valuable insight into how police departments can improve their sexual assault case management. These approaches include evaluating department culture and victim treatment, relying more on thorough evidence-based investigation, and implementing specialized training procedures. Overall, research on sexual assault case management highlights the need for meaningful reform within American police departments (Lonsway & Archambault,
2012).
4


Underreporting Sexual Assault
Rape and sexual assault are the least likely violent crimes to be reported to the police, and low reporting rates are a preliminary obstacle to effective sexual assault case management (Murphy, Banyard, Maynard, & Dufresne, 2011). Lack of reporting often is attributed to a victims negative perception of law enforcement or the fear of not being believed and taken seriously (Langton, Berzofsky, Krebs, & Smiley-McDonald, 2012).
Many victims are hesitant to report assaults if the offender is a partner or family member, and some fail to accept or realize that a sexual assault has occurred. Often victims believe the criminal justice system does not have their best interest in mind, and others wish to refrain from participation in a lengthy and stressful prosecution (Fisher & Lab, 2010; Murphy et al., 2011; Responding to Sexual Assault, 2006; Rich & Seffrin, 2012; Stevens, 2006). Research shows the vast majority of sexual assault victims, as many as 66%-84%, fail to report the crimes to police because of feelings of shame, guilt, social isolation, powerlessness or embarrassment (Ahrens, 2006; Fisher & Lab, 2010; Lonsway & Archambault, 2012; Rich & Seffrin, 2012; Stevens, 2006).
The National Violence Against Women Survey revealed 18% of women and 3% of men over the age of 18 have experienced rape, yet only 19% of those women and 13% of the men reported it to authorities. The majority of victims were assaulted by a current or former intimate partner and 20% of the female and 38% of the male victims were under the influence of alcohol or drugs at the time of the assault, which may influence reporting (Fisher & Lab, 2010). While partner assaults made up the majority of attacks, rape is most likely to be reported if the attacker is a stranger (Fisher &Lab, 2010; Heath, Lynch, Fritch, & Wong,
2013). One common trend found in sex assault reporting is the presence, or lack thereof, of
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serious bodily injury in addition to the sexual violence. When a victim suffers physical injury they are not only much more likely to report the crime, but subsequent rates of arrest and prosecution increase as well (Fisher & Lab, 2010).
Sexual assault cases reveal a justice gap in which, despite low numbers of reporting, there is a disproportionately small percentage of reported cases resulting in prosecutions and convictions (Murphy et al., 2011). Efforts to increase reporting should focus on providing an effective way to deliver reliable and effective services to minority, disabled, and non-English speaking victims. Additional resources also are needed to further study and understand why victims decide not to come forward to report sexual assault, and more closely examine police officer response to rape reporters (Responding to Sexual Assault, 2006; Rich & Seffrin, 2012). Spohn and Tellis (2014) discovered that many victims experience difficulty when reporting and are sometimes pressured to leave without making a report, or claim the report fails to accurately reflect what they told the officer. From in-depth qualitative research, Spohn and Tellis describe this as result of poor officer training and inexperience. Research shows that minority women, particularly Hispanics and blacks, are more at-risk of sexual assault than Caucasian women, receive less sympathy, and are less likely to report assaults to the police (Fisher &Lab, 2010; Heath, Lynch, Fritch, & Wong, 2013). Victims report higher levels of positive police treatment when both victim and suspect conform to gender norms, when the attacker is a stranger, and when a weapon is brandished. These circumstances, however, make up a small percentage of sexual assault cases (Rich & Seffrin, 2012).
When police report documentation is incomplete or of poor quality there are reverberations throughout the remainder of the process as cases move through the criminal
6


justice system. Research shows victims may recant in order to end an interview where the officers are disbelieving or intimidating. These types of reactions also may result in resistance to undergo sexual assault testing. Additionally, poor documentation often leaves the district attorney with a lack of sufficient evidence and an inability to file charges (Spohn & Tellis, 2014).
Victims may experience negative reactions from the criminal justice system and from within the community. Between 25%-75% of survivors reported experiencing negative social reactions from within their informal support network; including friends, family, and community service providers (Ahrens, 2006; Rich & Seffin, 2012). These negative reactions include not believing the victim, minimizing the crime, encouraging the victim to stay quiet, and determining the severity of the assault based on traditional gender roles and behavior (Page, 2008).
Victims who fail to represent the stereotypical sexual assault scenario are met with negative reactions when reporting. In a study of sexual assault victims, Ahrens (2006), detailed four distinct types of negative reactions experienced when reporting: victim blaming, insensitivity, misplaced support, and inappropriate or unhelpful reactions. The victims reported negative treatment from legal, medical, religious and police professionals, and all reported some degree of victim blaming. A high percentage of victims experienced service providers who were unable or unwilling to offer assistance. Victims reported that such experiences discouraged them from seeking further help, and led to feelings of helplessness and self-blame.
When victims do come forward, certain circumstances result in low arrest rates, as well as low rates of filing charges against perpetrators. A study in Boston revealed that, of
7


reported sex assaults, only 32% resulted in an arrest and only 5% resulted in a conviction (Stevens, 2006). While low, the arrest rate in Boston is higher than the national average of 29% (Stevens, 2006). Overall, 50%-75% of reported sexual assault cases are filtered out of the legal system (Kinney, 2007). Lonsway and Archambault (2012) posit that few sex assault cases are formally documented, and of those that are, many are deemed unfounded, false, or baseless. Few cases are referred to a prosecutor for formal filing, and an unwilling or absent victim can result in many cases being closed regardless of the evidentiary status. Further investigation is important to determine at what point in the investigation or legal process these cases are dismissed and why (Responding to Sexual Assault, 2006; Spohn & Tellis, 2014).
Often, misconceptions within law enforcement and legal circles can lead to cases being closed inappropriately. Alderden and Ullman (2012) explain that many police officers interpret physical signs of resistance and willingness to submit a rape kit as indicators of an actual assault, while those victims who do not present visible injuries or are hesitant to consent to an exam are viewed skeptically. Their study revealed several factors that contributed to arrest rates. These include officer gender, the presence of a witness, victim resistance during the attack, rape kit refusal, and victim characteristics. These factors create room for error because most sex assaults occur in private, therefore lacking witnesses, and victims often fail to fight back out of fear. Many victims are unwilling to submit to a sexual assault exam because of the subsequent trauma they experience. Victim character often is established by behavior and any indication of intoxication, which further complicates the situation because many survivors are traumatized and an untrained officer may misinterpret their behavior as erratic and suspicious. Trauma often results in the inability to accurately
8


recall details and an intoxicated victim may have little or no memory of the assault (Spohn & Tellis, 2014). As mentioned earlier, some victims are under the influence at the time of their assault, and dismissing cases based on a lack of sobriety would disproportionately overlook many legitimate assaults. Because police have discretion regarding which cases should be pursued, cases must be approached in an unbiased manner and law enforcement must understand the risks associated with failing to pursue a case due to these extra-legal factors (Page, 2007).
Advocating for increasing prosecution rates must be done in a way that is manageable for victims. Evaluating different models of prosecution that are practical and effective can minimize additional trauma on the victim, reduce recidivism rates among offenders, and stay within financial limitations of the prosecuting jurisdiction. Police officers and legal personnel need to be aware of the realities and different types of sex assault, as well as the difficulties victims face during the prosecution process (Responding to Sexual Assault,
2006). Likewise, victims need to have a realistic and clear description of what the legal process will entail. Difficulties in lengthy trials, cross-examination, and obstacles proving sexual assault in a court of law should be made clear early on in the process. Victim advocates are useful during this process. Utilizing advocates may provide support for the victim and allow the police and district attorney more time to focus on the investigation and prosecution (Spohn & Tellis, 2014).
Police and legal professionals need to understand the realities of sex assault reporting rates, including false reporting. Police officers tend to overestimate the number of false sex assault reports. Contrary to common belief, false reports of sex assault occur at 2%-8%, roughly the same rate as other crimes (Page, 2007; Rich & Seffrin, 2012; Spohn, White, &
9


Tellis, 2014). A 2007 study revealed that 10% of police officers believed that between 51% -100% of victims lie about being raped and over half the surveyed officers believed that 11%-50% of victims lie about sexual assault (Page, 2007). Spohn, White and Tellis (2014) explained that, in order for a report to be considered a false allegation, an investigation must occur and evidence must support that an assault did not occur. A report closed as unfounded means there is inadequate evidence to support the claim, but it does not mean an assault did not occur or the claim was falsified. An unfounded report is different than a false report. Research shows that officers with specialized sexual assault training are more likely to interpret various victim behaviors like delayed reporting, inconsistent timelines, and emotional distress, as the result of trauma and not signs of false reporting (Spohn & Tellis,
2014).
The reliance on false stereotypes and misinformation surrounding sexual assault, victims, and suspects, inhibits successful sex assault investigation. Officers belief in and reliance on rape myths during an investigation is detrimental to the case, the victim, potential future victims, and department as a whole.
Rape Myth
Historically, and even as America struggles to address gender equality, stereotypical gender norms and widespread misinformation have resulted in the development and dispersion of rape myths, which often result in the acceptance and justification of sexual aggression, sexual stereotyping, and the perpetuation of interpersonal violence (Burt, 1980; Fisher & Lab, 2010). Rape myths perpetuate the inaccurate definition of classic rape and a real victim. They encourage the shaming and disbelief of illegitimate victims based on inaccurate assumptions of responsibility. These rape myths have a negative effect on a
10


departments ability to conduct thorough investigations and may cause extensive damage to the victim. The vast majority of sexual assault victims know their attacker, some are under the influence of alcohol, many fail to report immediately, and a high number may have made choices that officers interpret as encouraging assault. These cases, individually or collectively, do not lessen the severity of an assault and should not minimize their importance.
Rape myths define a victim in a specific way that, in reality, makes up a small percentage of sexual assault cases, yet many police officers rely on these misconceptions to make decisions that determine a cases outcome, or even status as a crime (Rich & Seffrin, 2012; Spohn & Tellis, 2014). It is commonly, though incorrectly, believed that rape is a rare occurrence, and often the victim is partially blamed for the assault. These situations occur for a number of reasons ranging from she wanted it to she deserved it based on dress, behavior, or intoxication. In addition, many people believe that sexual assault by a spouse is not rape, men cannot be raped, or that only certain types of more deserving individuals are sexually assaulted. Rape myths often include the notion that the attacker is a stranger using a weapon, and that the victim is physically harmed and fights back against the attacker (Heath, Lynch, Fritch & Wong, 2013; Lonsway & Archambault, 2012; Rich & Seffrin, 2012; Sleath & Bull, 2012).
Unfortunately, relying on these stereotypes and myths excludes the vast majority of rape and sexual assault cases. In fact, between 75%-90% of victims know their attacker in some capacity, and 70% of rape victims are not injured in the attack. Of those who are, only 4% sustain serious physical injuries and most attackers do not use a weapon (Fisher & Lab, 2010; Heath etal., 2013).
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Cases that conform to classic rape myths tend to be taken more seriously by police departments. Victims are perceived as more credible and reliable, and arrests and prosecutions are more likely (Lonsway & Archambault, 2012; Page, 2008). Fisher and Lab (2010) explained that, powerful stereotypes can have a profound impact on perceptions of rape and treatment of victims and offenders both within and outside the criminal justice system (p.746). Research shows that police officers subscribe to rape myths more than the general public or individuals in other professions, and sometimes endorse rape myths on the job. Use of rape myths vary among officers and differ based on training, education level, and years of experience (Page, 2008; Rich & Seffrin, 2012; Sleath & Bull, 2012). Some officers believe that classic rape scenarios are more real and damaging than other types of sexual assault, and tend to blame the victim more in cases with a known perpetrator, victim intoxication, or when the victim is acting inappropriately through provocative dress or behavior (Heath et al., 2013).
Perpetuating or operating on inaccurate assumptions of rape myths can exacerbate trauma endured by the victim, lead to victim shaming, disbelief and encouraging victims to recant. Rape myths may also lead a victim to believe that no real crime occurred. Current research shows that when officers minimize a sexual assault, victims experience a greater sense of victimization, increased levels of depression and anxiety, lower levels of self-worth, and use more harmful coping techniques like alcohol and drug use (Fisher & Lab, 2010; Rich & Seffrin, 2012). The National College Women Sexual Victimization survey showed that over 50% of victims surveyed did not believe they were victimized when their assault met the legal definition of rape (Fisher & Lab, 2010; Koss, Gidycz, & Wisniewski, 1987).
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When a rape accusation is made, the victim often encounters skepticism, disbelief, minimization of the trauma, or pressure to keep quiet. These reactions can diminish the likelihood of participating in a sexual assault exam or cooperating with an investigation, often creating more doubt on the part of the officers (Corrigan, 2013; Fisher & Lab, 2010; Kinney, 2007). Because officers often are the first individuals to interact with a victim after an assault, the nature of the initial interaction is significant in establishing a successful investigation and gaining victim trust and cooperation (IACP, 2015; Page, 2008). Further, Lonsway and Archambault (2013, p.82) note that victims who receive positive, supportive reactions from formal and informal support systems such as family and friends give more detailed statements to law enforcement, remember more information, and can otherwise engage more fully with the investigation.
In recent decades, scholars have asserted that female officers are better prepared to handle sexual assault cases because they, on average, are more compassionate and understanding. Research on this topic has been mixed, with some studies showing that while male and female officers generally respond similarly, the latter may actually be more hostile to sexual assault victims and place more responsibility on the victim. While some victims may request a female officer, they are not necessarily better equipped to manage such cases (Lonsway & Archambault, 2012; Rich & Seffrin, 2012). A 2012 study of 429 police officers at a voluntary training program, however, showed that female officers had better knowledge of interview techniques (KIT), lower rape myth acceptance, and higher participation in sexual assault education (Rich & Seffrin, 2012).
Current research highlights the impact that accepting rape myths has on an officers ability to conduct an unbiased investigation. Individuals who subscribe to rape myths,
13


whether victims, law enforcement, or service providers are less likely to acknowledge a crime has occurred, file an official report, and make an arrest. Belief in rape myths often limits the likelihood of a follow-up investigation, thereby making a conviction nearly impossible (Fisher & Lab, 2010). Among surveyed officers, those with higher rape myth acceptance had lower KIT scores, and a belief in rape myths was the single most influential factor in determining these scores (Rich & Seffrin, 2012). Additional research found that officers rape myth acceptance was a significant predictor in victim blaming. The use of rape myth to dictate official duties, whether intentional or not, has the potential to affect both the treatment of the victim and the validity of the investigation (Sleath & Bull, 2012).
Detrimental Police Behavior
In addition to subscribing to rape myth, which perpetuates underreporting, poor investigations and lower arrest and prosecution rates there are other police behaviors and actions that hinder successful management of sexual assault cases (Fisher & Lab, 2010). Because the state and not individual victims file cases, the primary concern of a department often is to solve the case as quickly and efficiently as possible. Wentz and Archbold (2012) noted how victims are often a secondary focus: In pursuit of clearing or closing cases, police officers may not have a full understanding of the impact that rape has on victims (p.41). Often, victim needs are overlooked and they become unwilling to continue participating in the investigation and prosecution. Despite attempted reforms in recent decades, police departments are frequently criticized for failing to improve attitudes toward and treatment of sexual assault survivors (Ahrens, 2006; Corrigan, 2013; Jordan, 2008).
Currently, law enforcement and courts place a strong reliance on the testimony and cooperation of witnesses and victims, and less emphasis on obtaining and properly
14


processing evidence at the scene (Responding to Sexual Assault, 2006). Training specific to sexual assault can assist officers in proper evidence collection yet many departments remain plagued by months-long waits for evidence analysis (Spohn & Tellis, 2014). In addition, departments often rely on forensic evidence and sometimes pressure the victim to submit to a sexual assault exam without properly explaining procedure or taking into account the trauma the victim has suffered (Corrigan, 2013). A 2006 study of the Boston Police Department found that both sexual assault training and supervisory styles determined the likelihood that the first responding officer would adequately secure a sex assault crime scene and properly process evidence (Stevens, 2006).
Like police officers, inadequately trained medical professionals and other service providers focus on achieving specific goals and often overlook the needs of the victim. Without providing the victim with the proper tools, confidence, and sense of security, they are less likely to cooperate with, and successfully participate in, an investigation. In addition, there is often conflict between police officers, medical examiners, and advocates, which reduces the likelihood of a successful, cooperative investigation (Ahrens, 2006; Jordan,
2008).
Without victim participation, police officers often close a case without presenting it to the district attorney for prosecution. Once an arrest has been made and the case is accepted for prosecution, rates of incarceration are as high as 95%, but the vast majority of case attrition occurs prior to prosecution, often reinforcing officers desire to only pursue the strongest cases. Overall, only 7%-27% of reported cases result in charges filed and over half of all reported cases do not result in presentation to the district attorney or even formal reports (Lonsway & Archambault, 2012; Murphy et al., 2011). When determining the
15


strength of a case, and therefore its eligibility for prosecution, officers generally consider factors such as victim injury, blameworthiness, and dangerousness of the offender. Considering the rarity of serious injury in addition to the sexual assault, regularity of victim intoxication, likelihood for trauma-related behavior, and frequency of a known attacker, there is a diminished chance officers will view these cases as good candidates for prosecution, and may fail to pursue them as rigorously (Spohn, White, & Tellis, 2014). Officers also are hindered by the unwillingness of district attorneys to file charges. A study of the Los Angeles Police Department found that if a victim recanted, despite strong physical evidence, the officer would send the case to the district attorney knowing that it would be rejected for prosecution (Spohn, White, & Tellis, 2014). The benefit of this approach is even without formal charges, documentation of the incident can be connected if offenders commit other related offenses (Spohn & Tellis, 2014). Although, this practice tends to use up scarce resources and put additional stress on the victim, both by pursuing the case and subsequently failing to pursue the case in court.
In addition to the difficulties of inter-agency cooperation and the lack of prosecution by the district attorney, larger police department norms and culture influence how cases are managed. Departments vary widely in how they are managed and supervised, which subsequently affects how sexual assault investigations are conducted (Rich & Seffrin, 2012). How a particular officer oversees a case often is a reflection of their supervisor and fellow officers. Wentz and Archbold (2012) noted that police officers adopt group norms by conforming to attitudes and behaviors of more experienced officers in pursuit of approval (p.40). Spohn, White, and Tellis (2014) further acknowledged: The handling of the case always reflects the social characteristics of those involved in it (p. 168). Extant research has
16


shown the difficulty in changing police department culture, as well as the reluctance encountered when adopting new policies and procedures. Additional studies have highlighted the difficulties associated with studying and evaluating these changes in police departments (Jordan, 2008; Page, 2007).
Current studies on sexual assault corroborate that a significant barrier to victim cooperation results from misunderstanding on the part of police officers that often interpret a victims fear and trauma responses as lying. Without sufficient training, officers fail to comprehend why a victim would resist a medical exam, refuse to testify, or act inconsistently and erratically during interviews. Policing is a male-dominated profession, and a culture often exists in which emotional detachment is encouraged and goals focus exclusively on apprehending criminals. Victim interviews often employ rapid-fire questioning that can feel intimidating and cold. In these scenarios, and often without the presence of a victim advocate, sex assault survivors may experience secondary trauma (Ahrens, 2006; Rich & Seffrin, 2012). Officers should ameliorate their techniques of communicating with victims for the sake of obtaining physical evidence, such as a sexual assault nurse exam (SANE). This evidence, as well as thorough victim testimony, is extremely valuable for prosecution. Research shows the use of a SANE exam in evidence or testimony resulted in a 95%-100% prosecution rate (Stevens, 2006). Procuring such evidence serves to bolster an investigation and helps overcome traditional stereotypes concerning gender and race (Campbell et al., 2009).
Post-assault victim behavior is a frequent point of confusion, misunderstanding, and false assumptions by police officers. Numerous studies show severe short and long-term psychological and behavioral consequences of sexual victimization. These include fear,
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anxiety, shame, shock, social withdraw, lack of emotion, post-traumatic stress disorder (PTSD), depression, eating and sleep disorders, sexual dysfunction, self-mutilation, and substance abuse (Fisher & Lab, 2010; Page, 2008). Properly training officers to recognize and interact appropriately with victims experiencing these types of symptoms is essential to ensure quality investigations. A 2012 study revealed that those police officers that subscribed to rape myths were unable to correctly interpret a victims emotional state and motives (Rich & Saffron, 2012). Providing the victim with counseling, services, and thoroughly explaining complicated medical procedures (like a four hour, 19-step sexual assault exam) allow the victim to make a more educated decision about how to proceed and reduce the chances they will change their mind later in the investigation (Responding to Sexual Assault, 2006; Stevens, 2006).
When a victim experiences shame, disbelief, or minimization of the trauma from first responders they often withdraw and fail to cooperate. During the critical first point of contact, the course of the investigation, and subsequent well-being of the victim, can be compromised by a negative interaction (Jordan, 2008; Kinney, 2007). Gaining victim trust and participation is important not only for prosecutorial purposes, but has also been shown to be beneficial for the victim, often curtailing depression and anxiety (Rich & Seffrin, 2012). Initiating successful victim involvement has the potential to greatly improve criminal justice case outcomes (Fallik, 2015).
Police departments, in order to be more effective, need to focus on the prevalence of victim blaming in sexual assault cases. Extant literature explains how police frequently attribute a certain amount of blame to victims, particularly those who are minorities, assaulted by an acquaintance or intimate partner, intoxicated, transient, dressed
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provocatively, have prior sexual histories, or fail to conform to traditional gender roles (Fisher & Lab, 2010; Jordan, 2008; Sleath & Bull, 2012). The theory of Critical Victimology posits that not all victims receive equal treatment, and that women who experience sexual assault are systematically overlooked and their struggles minimized. While some politicians in Western nations repeatedly point out human rights violations in totalitarian countries, they simultaneously hide or ignore the victimization of women in their own so-called democratic societies (Fisher & Lab, 2010, p. 244).
Victim blaming calls into question the culpability of the survivor and analyzes whether their actions could have prevented or instigated the assault. While openly sexist ideology is less present than in previous decades, subtle sexism is potentially more damaging because it is more hidden and the denial of such discrimination inhibits the ability to curtail this perspective (Page, 2008). In some ways, it enables the patterns of power inequality in the way it excuses behavior by attackers who didnt mean it, or when the victim secretly wanted it (Sleath & Bull, 2012). This phenomenon occurs most often when the victim and perpetrator know each other in some capacity, which unfortunately make up the majority of sex assaults and therefore leave a significant percentage of cases open to this type of victim blaming (Sleath & Bull, 2012).
One way officers can ameliorate their interactions with victims is by improving interviewing skills and tailoring these interactions to the needs of the victim, while still accomplishing necessary objectives of the job. Police can improve interviews by employing a respectful demeanor, allowing the victim to guide the conversation, respecting victim privacy, and clearly documenting the victims emotional state. Allowing the victim to make small decisions such as time and location of interview, and even being mindful of where and
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how individuals are sitting, can give victims back some small sense of control (Spohn & Tellis, 2014). These efforts minimize the likelihood of re-traumatization and allow the department the best chance of successfully managing the case (Rich & Seffrin, 2012). Research by Rich and Seffrin (2012) has endorsed the notion that higher-ranked, more educated and more senior officers are better at interviewing victims and are more likely to participate in training opportunities. In addition, they found a significant relationship between accepting rape myths and poor interviewing skills. Likewise, participating in additional sexual assault training significantly increased an officers interviewing skills.
All these behavioral patterns that limit successful investigations have a tangible effect on case outcome, often interfering with a successful criminal justice process. There are many factors that either encourage or minimize the likelihood of a successful case outcome.
Sexual Assault Case Outcomes
Sexual assault investigations can either close or become inactive. When a case is inactive it is still technically open, but lacks enough information to move forward. New evidence, information, or victim participation is often needed to close an inactive case. In contrast, when a case is closed, the investigation has concluded and is categorized in many ways depending on the investigative process. Some options for case closure can be when a suspect is arrested and the case is forwarded to the district attorney for filing decision, or if a case is determined to be baseless, or a false report.
Case outcomes are determined by a variety of factors including police reliance on extra-legal factors, completion of medical exams, dependence on physical evidence, the practice of unfounding a case, and whether or not a case is accepted by the district attorney. Research has established a relationship between case dismissal and officers
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personal beliefs about a victim, regardless of evidentiary support. These personal beliefs affect decision-making in the investigative process and greatly affect case outcome (Campbell, Menaker, & King, 2015; Campbell et al., 2009; Rich & Seffrin, 2012).
Campbell, Menaker and King (2015) described how extra-legal factors including victim credibility, victim criminal history, and the degree of intimacy between victim and offender affect case outcomes. In addition, cases are less likely to be prosecuted when the victim is under the influence of alcohol or drugs. This situation is troubling because sometimes the offender initiates an assault because the victim is intoxicated and in a compromised state. Additional casework has established that some offenders intentionally drug a victim, with or without their knowledge, to facilitate an attack (Campbell et al., 2009; Fisher & Lab, 2010; Spohn & Tellis, 2014).
Often, cases are dismissed due to the lack of a credible victim. Officers should be cautions in making this determination because of the previously discussed behaviors victims exhibit that may make them seem unreliable. Stevens (2006) found that 75% of cases that did not result in an arrest were due to the lack of a credible victim and evidence. Without sufficient physical evidence, officers rely on the perceived credibility of the victim. Physical evidence is lacking in many sexual assault cases because often there is no physical injury beyond the sexual assault and offenders may clean the scene or take care not to leave DNA (Beauregard & Bouchard, 2010; Campbell, Menaker, & King, 2015). In some cases, the victims were unable to consent due to intoxication, unconsciousness, mental impairment, or age. In addition, there is often a he said/she said scenario when one individual claims it was involuntary and the other claims there was consent (Spohn & Tellis, 2014). These scenarios
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when a victim is unable to accurately recall the situation requires extra investigative work (Stevens, 2006).
A reliance on extra-legal factors and insufficient training may result in cases that are closed as unfounded when there is a need for further investigation. Legal proceedings are more likely in cases that are reported directly after the assault, have a female victim over the age of 11, the offender can be identified by the victim, and when an aggravating factor like use of a weapon is employed (Kelley & Campbell, 2013; Spohn, White, & Tellis, 2014). Victims anxiety-related responses often are misinterpreted as lying and many cases are closed erroneously (Rich & Seffrin, 2012). The reliance on these factors to close a case is inappropriate, as the Uniform Crime Report states a case can be unfounded only through a thorough and completed police investigation, and not due to victim resistance, unwillingness to press charges, or the inability to make an arrest.
Research in Los Angeles found clear evidence that sex assault cases were often unfounded when additional investigative work could have been completed, and the case failed to meet the requirements for being baseless or false (Spohn, White, & Tellis, 2014). These cases presented with additional evidence to process, intoxicated victims, witnesses who were never interviewed, a victim who could not be located, or a victim that did not want to press charges. In addition, this study revealed a significant relationship between case dismissal and mental illness, victim character, and victim injury. Cases in which victims recanted, despite the presence of evidence that suggested a crime occurred, resulted in higher rates of case dismissal. Of the unfounded cases examined, 25% were determined to be legitimate reports with additional ambiguous evidence that required further investigation (Spohn, White, & Tellis, 2014).
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In most instances, sexual assault cases accepted by the DA have high prosecution and incarceration rates. Arrest rates, while important to police departments, accomplish little if they are not accompanied by a meaningful investigation capable of delivering justice (Lonsway & Archambault, 2012). Successfully prosecuted cases generally have a suspect interviewed by police, a forensic medical exam from the victim, and a more thorough investigative period by police (Kelley & Campbell, 2013). In a Massachusetts study, researchers found that 98% of cases prosecuted resulted in a guilty verdict and a 2004 study revealed that 54% of prosecuted rape cases resulted in a felony conviction (Lonsway & Archambault, 2012; Stevens, 2006). The failure to thoroughly investigate and prosecute sexual assault cases has coincided with a troubling trend in recent decades: the number of reported sexual assaults has increased yet the number of prosecutions has remained the same, unable to maintain prior incarceration rates (Lonsway & Archambault, 2012). Often, the initial assault combined with a strained relationship with law enforcement and the courts has a negative and traumatizing effect on the victim.
Secondary Traumatization and Investigative Effects on Victims Victims experience a variety of potentially negative scenarios by law enforcement and service providers. From initial contact, interviews, medical exams, and court proceedings, victims are often left feeling disempowered, afraid and unwilling to participate in the process, greatly jeopardizing an investigation and subsequent prosecution (Murphy et al., 2011).
The primary interaction between law enforcement and a victim has the ability to either reduce or exacerbate the distress and recovery process, and can influence a victims opinion of the entire criminal justice system. When law enforcement or other responding
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professionals act in a sympathetic manner and validate the seriousness of the situation, the victim will be more likely to feel it is a safe place to speak honestly about the incident. This psychological first aid is a necessary step to ensure a successful investigation (Fisher & Lab, 2010; Murphy et al., 2011). Research illustrates how the typical trauma survivor has a strong need to be believed, validated, and reassured by the criminal justice system (Jordan, 2008).
Without successful interactions with law enforcement and service providers, victims often endure secondary victimization resulting from negative experiences stemming from exposure to an errant criminal justice system (Fisher & Lab, 2010, p. 324; see also Kinney, 2007). The act of reporting, discussing and questioning about an assault can cause the victim great anxiety, stress and embarrassment. Kaukinen and DeMaris (2009) describe how it is crucial that social service providers and the police recognize that the actions taken in dealing with victims and processing offenders may in some ways exacerbate the trauma of rape among some victims (p. 1350). Because roughly 88% of police officers nationwide are male and most reporting victims are female, the dynamics of an investigation can exhibit prejudice and sexism. Officers benefit from being adequately trained in understanding and responding to sexual assault trauma (Fisher & Lab, 2010; Uniform Crime Report, 2013).
Experiencing a negative interaction with law enforcement can compound the effects of victimization. Fisher and Lab discovered that between 31%-65% of sexual assault victims develop PTSD, and 38%-43% experience major depression. Fear and pressure from law enforcement can result in the victim recanting their statement even if an assault occurred. An LAPD study found strong evidence that victims recanted due to pressure from family, the police, or because they did not want to participate in prosecution. In some cases, officers and
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investigators even admitted to using techniques to pressure the victim to recant (Spohn, White, & Tellis, 2014). If officers dismiss cases because victims recant, there is a higher likelihood that an offender will escape arrest and prosecution, and potentially continue to victimize others.
When examining current trends in sexual assault cases, underreporting, acceptance of rape myths, detrimental police behaviors, negative case outcomes, and damaging effects on victims highlight a need for comprehensive reform and policy change.
Sexual Assault Investigative Best Practices
The current research identified a dearth of best practices and meaningful policy and procedure. One goal of the research is to identify relevant best practices and policy recommendations for the jurisdiction. This section of the literature review discusses current best practices identified from specialists within the law enforcement field. In addition, this section explores recommendations from the academic sector, using evidence-based research to promote positive change in departments through improvements and policy recommendations.
Law Enforcement Best Practices
Current literature regarding sexual assault case investigations is substantial. In recent years, best practices have been established by reputable agencies such as the International Association of Chiefs of Police (IACP) and the Police Executive Research Forum (PERF). Accreditation programs now exist to ensure a department has committed to establishing and implementing best practices in sexual assault investigations (Commission on Accreditation for Law Enforcement Agencies, Inc.). As increased attention is given to the policies and procedures of investigating these cases, a rich body of resources now exists for law
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enforcement agencies to utilize. The IACP recommends a Sexual Assault Supplemental Report Form (see Appendix I) for departments to utilize to ensure thorough and accurate investigation, documentation, and data collection.
In 2012, PERF published the report Improving the Police Response to Sexual Assault as part of a series to address current critical issues in policing. This monograph offers suggestions for police agencies, including updating the definition of rape to mirror that used by the Federal Bureau of Investigation. The FBI definition, updated in 2012, expands the definition of rape to the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim (PERF, 2012, p. iii). This new definition is more comprehensive and includes crimes that were not previously categorized as rape. Law enforcement professionals require training to thoroughly understand the new definition, as well as the complex dynamics of sexual assaults (PERF, 2012, p. iv). This approach is necessary as officers may not have had adequate training, and may cling to outdated ideas about sexual assaults (PERF, 2012, p. 1). Clear definitions must be established as well as a thorough understanding of a range of relevant terms, including but not limited to: consent, sexual assault, sexual assault medical forensic exam, sexual assault response team (SART), sexual assault nurse examiner (SANE), and victim advocate (IACP, 2015, p. 8).
PERF recommends training officers on the importance of the first responder role. As the first point of contact for the victim, police behavior is critical to victim trust in the police and participation in prosecution (PERF, 2012, p. 9). The report stresses the importance of focusing on the behavior of the offender and eliminating outdated practices of victim judgment and interrogation. Understanding trauma responses and victim behavior will allow
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officers to better relate when a victim reports. Proper training ensures officers follow-up with victims who may be unable or unwilling to participate at the initial contact due to trauma or other contributing factors (PERF, 2012, p. 37). Shifting the perspective of sexual assault away from victim blaming encourages increased reporting and allow for addressing the societal problems that lead to sexual assault in our cities (PERF, 2012, p. 10). Essentially, departments can include proactive, rather than just reactive, methods to reduce sexual assault.
Patrol officers are not the only group that can benefit from specialized training. The IACP also recommends thorough training on sexual assault crimes, victims, suspects, and resources to those participating in dispatch and investigations. Research suggests specialized training be used cover the complexities and nature of sexual assault, cultural considerations, language barriers, drug and alcohol dynamics, evolving investigative technology, accurate report writing and documentation, interview techniques, and suspect grooming behavior. Experts suggest creating a specialized sexual assault unit, staffed by willing individuals with strong skills in communications, writing, and analysis, as well as experience in interviewing, and investigation (IACP, 2015, p. 12).
Current best practices suggest sexual assault calls be treated as a priority even if it is hours or days after the assault. In case of a delayed report, it is recommended calls be investigated uniformly and officers document the reason for the delay. Initial officer contact and interviews should be conducted with respect and patience, and be carried out at a pace that is comfortable for the victim. Prior to interviewing a victim, specialists advise law enforcement answer any questions the victim has about the process and the criminal justice system and explain the need for and importance of full disclosure (IACP, 2015, p. 24).
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The purpose of preliminary interviews is to establish the basic facts and identify potential witnesses. Trained professionals may be used to overcome any language barriers (IACP, 2015, p. 17). At this point, it is recommended officers not question the victim about prosecution. Inform the victim that a more thorough secondary interview will be necessary and that law enforcement will contact them. Experts recommend that officers initiate contact because many victims are ashamed or embarrassed and often fail to reach out to law enforcement on their own. Obtain victim contact information, as well as emergency contact information, to ensure contact can be established. Allowing the victim to dictate where and when interviews occur can increase likelihood of participation. Encourage officers to be aware of the language used during interviews and avoid questions that insinuate blame.
These often begin with Why did you... or Why didnt you.... and can make the victim feel responsible for their own victimization (IACP, 2015, p. 24).
Ideally, follow up interviews take place after the victim has been able to get two full nights rest, and document the context of behavior, coping strategies, and victim perspective. Interviews may be recorded to allow the investigator to focus on listening but consult with relevant prosecutors to ensure this is advantageous for a prosecution (IACP, 2015, p. 26). Best-case scenarios suggest that the interviewer be familiar with all relevant case information and collaborate with necessary agencies, including victim advocates. The follow-up interview allows the investigator to inform the victim of their rights and the current status of the case, and explain why certain sensitive interview questions are necessary. Victims occasionally feel pressured by witnesses, family, or friends to drop charges and/or recant. This pressure may originate from the victim or suspects family, friends, community and social circles. A timely follow-up builds trust with victims and sends a message to the
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community about the seriousness with which an agency handles sexual assault crimes
(IACP Sexual Assault Incident Reports, 2015, p. 6).
Suspect interviews require different approaches. First, officers need training on how to conduct these interviews in relation to offender behavior, including manipulation strategies that the offender may utilize during the interview process. Second, officers must be aware of any prior criminal accusations and request a National Crime Information Center (NCIC) search (IACP, 2015, p. 29). Third, encourage officers to utilize appropriate investigative techniques including pre-text phone calls, text messages, and social media prior to the interview. Finally, best practices suggest making audio and/or video recordings of all suspect interviews.
Concerning evidence collection, recommendations suggest digital photographs and videotape of the scene and victim injuries. Current best practices recommend that cases with alcohol and drug use, which present unique challenges to both police and prosecutors (IACP, 2015, p. 19), be conducted thoroughly, and require more patience. Law enforcement training may include the identification signs of substance use and insight into how this can contribute to difficulty in establishing facts of the case. IACP recommends the following: avoiding officer judgment or personal opinion to influence the investigation, obtaining urine and blood samples from the victim, and collecting alcohol or drug related evidence. Victims need to be informed that toxicology results can only be used to determine the possibility of alcohol or drug facilitated sexual assault and that they will not be charged for illegal substance use (IACP, 2015, p. 20). These cases require thorough witness identification and interviews, as the victim may be unable to relay events leading up to the assault. Witnesses and outcry witnesses can also help establish an accurate timeline.
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PERF makes several specific recommendations concerning case classification. First, is to carefully analyze any unfounded cases, as research has shown they are often misclassified and are a major problem in many departments (PERF, 2012, p. iv). Second, PERF recommends cases be classified unfounded only by superior officers, and these classifications receive approval by a supervisor to ensure accuracy. Third, experts recommend that supervisors review all reports for accuracy and appropriateness, ensure all officers are informed of case coding procedures, and recognize and reward effective officers (ICAP, 2015, p. 18).
PERF encourages agencies to collaborate with other disciplines in order to conduct effective investigations. The use of a Sexual Assault Response Teams is encouraged, as they are widely considered to be very effective at improving the response to victims, while increasing the likelihood that offenders will be arrested, charged, and convicted (PERF, 2012, p. vi). The report also advocates for the use of Sexual Assault Nurse Examiner, not only for the purpose of obtaining physical evidence, which can be obtained up to five days after an assault, but also to obtain information from the victim. If possible, conducting an exam with the suspect is recommended. These professionals undergo specific sexual assault forensic interviewing training and may be better suited than an officer to obtain sensitive information. Inform the victim that this exam is free of charge, regardless of whether the victim participates in the investigation (IACP, 2015, p. 34). The use of internal and external case reviews is also encouraged, as outside organizations may provide valuable, unbiased insight and fresh perspective. The retention of data is important so it can be used to detect crime trends, hot spots, repeat offenders, and create training programs (PERF, 2012, p. 4).
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Utilizing outside agencies can help a department that is struggling with maintaining public trust, especially for departments with a history of misconduct.
In addition to training and collaborating, PERF recommends agencies reassess their reliance on DNA evidence. Often, sexual assault cases lack strong forensic DNA evidence and departments must utilize other methods to pursue these cases. Los Angeles Police Department detective Jesse Alvarado noted, everyone seems to be relying on getting DNA, and they are almost starting to lost the ability to do an investigation the old way- finding witnesses, going out there and doing the follow-on that needs to be done (PERF, 2012, p. 29). Alvarado recommends creating a suspect database between neighboring jurisdictions. This would allow agencies to determine if an individual has had previous complaints, or if they have been accused of assault in a nearby jurisdiction.
In addition to PERF, the IACP developed guidelines for policy and training. These guidelines were published in 2015 and reflect best practices for a range of topics including alcohol and drug use, vulnerable populations, and building a rapport with victims, which can result in more thorough investigations and an increased likelihood of prosecution. In addition, the use of victim advocates is an increasingly central component in sexual assault investigations. Experts recommend that all victims be given the opportunity for advocate assistance. Officers are encouraged to document when a victim declines advocacy, and provide the victim written information on available services.
The IACP provides concise information on the necessary components of a successful sexual assault investigation. These include comprehensive training for dispatch and responding officers, evidence collection, victim and suspect interviews, forensic procedures, report writing, as well as collaborating with prosecutors, victim advocates and SARTs.
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These guidelines encourage departments to take every case seriously, and treat them as a legitimate report unless a thorough investigation provides evidence that a crime did not occur. Officers are encouraged to develop an understanding of why victims are often reluctant to report, and reasons an individual may recant after reporting a legitimate assault. Recanting can occur as a result of pressure from social circles (those of the victim and/or suspect), substance use or other illegal behavior, arrest record or illegal immigration status, embarrassment, and fear of not being believed (IACP, 2015, p. 5). These factors contribute to delayed reporting and low levels of reporting, and are especially relevant for male victims and members of vulnerable populations.
When a victim declines to participate in an investigation, IACP recommends several steps be taken. Experts suggest that the department clearly communicate that they are available for assistance and explain the statute of limitations, incase the victim decides to participate in the future. Inform the victim that the information gathered will be retained incase the offender is accused of another crime. Also, explain to the victim that an officer will follow up in the future in case the victim changes their mind. Best practices advise investigators to offer community resource referrals (IACP, p.32).
The IACP recommends departments adhere to Uniform Crime Reporting standards, which allows a case to be closed in one of three ways: arrest, exceptional clearance, and unfounded. Arrest indicates a suspect is apprehended, charged with an offense, and the case turned to the district attorney for prosecution. The second option is exceptional clearance. This option means an investigation has been conducted, a suspect is identified and located, information exists to support an arrest, but there is something that precludes arresting, charging, and prosecuting the suspect (IACP, 2015, p. 37). Reasons for an exceptional
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clearance include suspect death or extradition, or victim refusal to cooperate in the investigation. Victim refusal to participate does not, on its own, warrant exceptional clearance. If evidence clearly indicates a crime has occurred, the case should not be closed as exceptionally cleared but should be placed in an open, but inactive, status (IACP, 2015, p. 37). The last way a case can be cleared is unfounded, showing an investigation has been conducted and the crime is considered either false or baseless. A false closure means that evidence shows a crime was not attempted or committed. A baseless closure indicates the elements of a crime were not established.
Appropriately responding to perceived false allegations is a central component of successful sexual assault investigations. Law enforcement must distinguish between a false accusation and an unsubstantiated claim. If a case is closed as an unfounded false allegation there must be evidence that a crime did not occur. Conducting a less rigorous investigation because of a suspicious accusation or victim recanting can lead to a guilty offender going free. Officers should not conclude that a victim who recants or is reluctant to prosecute has falsely complained (IACP, 2015, p. 7). If evidence indicates a crime has been committed, the case may be labeled as inactive. The IACP recommends supervisor oversight to minimize officer error. Because many offenders are repeat offenders, best practices dictate documenting all allegations, even if only for the purpose of establishing a pattern of abuse overtime and jurisdictions.
Every step of a sexual assault investigation requires accurate report writing and documentation. A thoroughly documented investigation is helpful for prosecutors, judges, corrections, juries, advocates, and researchers. Experts recommend that documentation include non-tangible responses from the victim and offender. These responses include
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feelings, thoughts, physical and emotional responses, and any potential coercion, threats, and grooming behavior (IACP, 2015, p. 36). These are relevant in all investigations but can be especially useful in consensual turned non-consensuaT cases, and cases with no witnesses or DNA evidence. When an individual fails to participate in an investigation, or when an anonymous or third party report is made, experts suggest the department clearly document and retain the information.
Outside the scope of a sexual assault investigation, best practices have been established to encourage reporting and building trust within a community. This goal can be achieved by fostering community collaboration. In addition to SARTs and victim advocates, working with individuals in healthcare, mental health, and courts can create networks of experts able to support a successful victim-centered investigation.
Experts suggest that departments attempt to capture victim feedback to determine what gaps exist in victim satisfaction. Data on case investigations can be utilized to develop training and policies, as well as addressing officer needs such as counseling.
Research advises departments identify vulnerable and special needs populations within their community. This policy includes children, elderly, male victims, individuals with disabilities (physical, mental or communicative), lesbian, gay, bisexual, or transgender individuals, non-native English speakers, trafficked individuals, and others (IACP, 2015, p. 40). Additional vulnerabilities include Native Americans, immigrants, prostitutes, addicted individuals, and those who have previously experienced sexual victimization (IACP Sexual Assault Incident Reports, 2015, p. 8).
Increased assessment of sexual assault investigations and resulting best practices have led to the development of training tools and guidelines. Recent research has contributed to
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the development of sexual assault-specific best practices. The IACP provides training tools and usable information pertaining to investigative techniques, investigative strategies, incident reports, interviewing, and working with vulnerable populations. The IACP provides a list of online resources available to departments free of charge (www.theiacp.org; stopvi ol ence@thei acp. org).
Academic Improvements and Policy Implications
Primary initiatives to improve police management of sexual assault cases focus on improving quality and quantity of sexual assault training, employing more educated officers, providing more comprehensive victim services, improving relationships with victims, ensuring effective supervision, expanding the use of victim advocates and sexual assault response teams (SART), and improving evidence processing.
Sexual assault case management, which is often inadequate, can be greatly improved by developing and expanding specific, on-going training programs for police officers, detectives, and investigators. Best practices suggest that departments implement mandatory victim sensitivity training and provide training on how to interview victims, witnesses and suspects (Kaukinen & DeMaris, 2009; Responding to Sexual Assault, 2006; Stevens, 2006; Wentz & Archbold, 2012). Training can help police understand the nature of rape and its impacts on victims, as well as being exposed to materials that challenge dominant myths and misconceptions (Jordan, 2008, p. 716).
While research on training effectiveness is mixed, overall results show that specific, assault and victim-centered training can improve how officers, and departments manage sex assault cases. From extensive in-depth interviews, Spohn and Tellis, (2014) discovered that developing sexual assault specific units and staffing them only with officers who express
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interest and are willing to undergo training, resulted in better victim treatment, case management, and cases more likely to be accepted by the local DA. In addition, victims have indicated a desire for more specialized training from officers (Jordan, 20008; Page, 2007; Stevens, 2006). Training programs can cover a wide variety of topics related to strengthening case outcome. These procedures include cultural diversity, working with the elderly and mentally ill, and improving communication with trauma survivors. Departments may benefit from consulting with survivors to develop sensitivity training, as well as working with former offenders to determining best practices for interviewing suspects. Some officers may need training on how crime scene investigators operate, how rape kit and SANE exams work, and specific knowledge of sexual assault-related evidence collection and forensics. Research shows that many prosecutors decline to file charges because the officers involved failed to ask the right questions in the interview or collect essential evidence that was noted in the case report (Spohn & Tellis, 2014). Interviews with officers revealed a need to understand why and not just how to properly manage sex assault cases. Proper training results in enhanced crime scene identification and evidence processing. Additionally, extended training can teach officers how to educate vulnerable populations, become more involved in the community, and participate in a systemic shift from an offender-focused to a victim-centered approach (Stevens, 2006).
Extant research shows officers with additional training are more likely to have cases investigated further, have higher rates of victim participation in both the investigation and prosecution, and feel more confident handling sexual assault than their counterparts.
Increased training has benefits including, for example, higher likelihood of being assigned sex assault cases; feeling more prepared for such cases; conducting more thorough
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interviews; better allocation of resources; and a stronger ability to determine the legitimacy of the case (Kinney, 2007).
Training requirements and opportunities vary greatly across jurisdiction and agencies. Some departments have no continuing sex assault training opportunities and neglect to teach officers how to interview victims (Rich & Seffrin, 2012). As Fallik and Wells (2015) noted, It is important to develop and deliver effective training on victim-centeredness for law enforcement.. .especially for new sexual assault detectives (p. 162). Due to ineffective training and a dearth of relevant classes, experts must study which programs show the highest levels of success, and customize training to increase effectiveness (Page, 2007). Improved training encourages reporting by employing a police force that makes victims feel safe and comfortable, actively involves victims in cases, and protects them from intimidation. This establishment of trust can help reduce psychological damage victims may incur.
Several studies found that up to 80% of medical professionals believe contact with the criminal justice system is psychologically detrimental to rape survivors (Campbell & Raja, 1999; Fisher & Lab, 2010).
A second way for police departments to improve is to employ more educated officers and provide continuing educational opportunities. Overall, individuals with higher levels of education hold less stereotypical and adversarial beliefs, and have lower pro-violence attitudes. Police officers with more education hold more egalitarian views of sexual assault, and are better able to interview victims (Burt, 1980; Cordner, 2016; Page, 2008; Rich & Seffrin, 2012; Stevens, 2006). The inherent hierarchy in police departments requires that supervisors be properly trained on best practices for implementing new training and policies. Policy reform is largely ineffective if supervisors are unable to support and implement action.
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In some cases, motivated police officers reported being prevented from properly pursuing an investigation by a superior detective or sergeant (Stevens, 2006).
Another way to improve case management is to provide more comprehensive services across diverse communities and education on the nature and realities of sexual assault. Kaukinen and DeMaris (2009) noted that SANE services cannot be obtained in all areas and victims often are unable to travel to providers in other jurisdictions. Many departments lack forensic examiners, expert witnesses, technical assistance, and sufficient training manuals and relevant literature. A large number of agencies operate in silo, blocking cooperative opportunities with other departments and community-based initiatives (Fisher & Lab, 2010; Greeson & Campbell, 2015; Responding to Sexual Assault, 2006).
The expansion of collaborative programs such as victim advocacy and sexual assault response teams has improved the victim experience of navigating a complex and potentially intimidating criminal justice system (Fisher & Lab, 2010). Some departments employ advocates and collaborate with other jurisdictions to provide these services. Since the 1970s, these efforts have provided victims with legal assistance, case information, and service provider information; yet advocacy networks often receive little respect and support from police agencies, and struggle with large caseloads and minimal resources. These programs offer critical services and support to vulnerable populations like non-English speakers and the disabled. Also, research shows that rape reporters receive better treatment when an advocate is present (Fisher & Lab, 2010; Greeson & Campbell, 2015; Murphy et al., 2011; Responding to Sexual Assault, 2006). Fallik and Wells (2015) postulated that encouraging collaboration and cooperation could be one of the most significant methods of successfully resolving sexual assault cases. Because conflict between SART, advocacy groups, and
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police departments is common, law enforcement must continue to work with these organizations to establish best practices to deliver services to victims while conducting the investigation (Moylan & Lindhorst, 2015).
Another improvement police departments can make in successful sexual assault case management is the accurate gathering and processing of evidence. Evidence collection and processing is crucial for securing convictions and all victims of sexual assault should be given the opportunity to undergo a medical exam in which physical evidence can be collected (Corrigan, 2013; Stevens, 2006). Research found that 18% of biological evidence collected from sexual assault cases was never submitted for forensic analysis, even though it is one of the most important components in a prosecution. In addition, physical evidence can be lost during an investigation so it is critical that evidence is collected, stored, labeled, and transported carefully (Fallik & Wells, 2015).
Implementing these various improvements, from training and educational opportunities to collaboration and evidence handling, can all bolster a police departments ability to appropriately manage sexual assault cases.
In summary, law enforcement agencies have the ability to significantly improve the experiences of sexual assault victims. From the time a crime is reported to the closure of the case, officers, investigators, detectives, and advocates can take steps to ensure appropriate actions and attitudes achieve justice for as many victims as possible. Training and continued education can benefit victims and departments, and create an atmosphere more open to reporting these crimes for victims who may be apprehensive. Creating a positive experience with law enforcement can increase victim cooperation, as well as minimize secondary trauma often experienced during interviews and medical exams. Agencies can commit to utilizing
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more evidence-based approaches to case building and utilize victim advocates and collaborative sexual assault response teams. By evaluating current practices and compiling and analyzing data, individual departments can see where their gaps and strengths lie and work accordingly to improve them. By assessing factors such as general sexual assault knowledge, interview skills, rape myth acceptance, victim response, and case outcomes, pertinent changes can be implemented to improve the way the police departments manage sexual assault cases.
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CHAPTER III
METHODOLOGY
This study took place at a mid-sized police department located in a Western state with a population of approximately 50,000 residents. The population of this city is approximately half Hispanic and half Caucasian, with a small percentage (3.5%) of blacks. The most recent census data shows an average per capita income of $23,000 and a poverty rate of just over 15%, slightly higher than the national average. About 80% of the population has a high school education, which is slightly lower than the national average. The police department consists of roughly 120 employees, the majority of whom are white and male. At the time of the primary data collection the department had no formal policy or protocol for handling adult sexual assault case management.
Several steps were taken to address the research questions of identifying weaknesses in sexual assault investigation and determining best practices for the department. The data were gathered from three major sources: two types of surveys and additional case information. This chapter describes the instruments used to gather the data, participants in the study, and how data were collected. The section addresses the instruments, materials, and measures used to gather the data, detailing all of the survey tools. Then, the survey administration and data collection methods are described, followed by an explanation of the quantitative and qualitative analytic techniques utilized to conduct the research.
Instruments, Materials, and Measures
Multiple means were used to gather data needed to addresses the stated research goals. The following describes the means of gathering data including an internal department
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Additional questions measured knowledge of rape myth in a true/false method. Rape myths on the questionnaire included:
A. Whether or not women lie about being sexually assaulted
B. If victims are more likely to be assaulted by a stranger
C. If sexual assault assaults result in physical injury
D. The idea that men cannot be victims of sexual assault
This survey also gathered data on perceptions of offender accountability, and opinions of reporting sexual assault within the jurisdiction, and relevant factors that would facilitate such a report.1 Audit Surveys
Seven audit surveys were utilized to obtain auditor interpretation of case and investigation information. Auditors were internal and external personnel used to review handling of sexual assault cases for this police department. These surveys were able to detect a wide array of police behavior that had a negative impact on the victim, the investigation, or case outcome.
The first survey Evidence Collection and Management: Crime Scene Investigator (see Appendix B) assessed the investigative procedures throughout the case. This survey assessed participation in a medical forensic exam of the victim and the suspect, visible physical injuries, and the method of documenting the injuries. Additional information gathered focuses on the exam including the chain of custody of the forensic exam, content of the exam, and if the exam was booked into evidence. The survey determined whether or not a crime scene investigator (CSI) was dispatched to the scene, whether or not they collected
1 Several survey items were not included in the data analysis for a variety of reasons including poor wording, and double-barreled questions (see questions 5, 6, 8 in Appendix H).
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evidence, and if so, they type of evidence collected. The last question asked the participant, a crime scene investigator, to rate the overall collection of evidence using a five-point Likert type scale, and asked them whether or not there could have been additional analysis of evidence to review. Throughout this survey there was the opportunity to add additional case comments. One limitation of this survey is the conflict of interest and potential bias that the CSI conducting the audit was the investigator on the actual case.
The second audit survey, Investigative Process: Patrol (First Responder) (see Appendix C), addresses aspects of the primary contact investigation conducted by patrol officers. This survey asked auditors to interpret whether the responding officer established that the elements of a crime existed, and if so, which elements were present and the corresponding location of the crime scene. Additional information gathered pertains to the patrol officers identification of witnesses and suspects, communication with the victim concerning case proceedings, advocacy and medical treatment, and the quality of the officers report.
The Investigative Process: Detective survey (see Appendix D) gathered information on detective participation, including whether appropriate parties were interviewed and what investigative techniques were used to locate suspects. Further, the survey examined if detectives took appropriate measures to contact and follow-up with victims in a timely manner. Auditors were given the opportunity to recommend cases be re-opened or followed-up with and rated the quality of the detectives report.
Victim service professionals completed the remaining four surveys. These provided comprehensive case information including the effects a sexual assault case investigation can have on a victim. The Victim Demographics survey (see Appendix E) assessed information
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including age, race, and gender while subsequent questions determined vulnerabilities including substance use and previous assaults. Additional questions determined the nature of the assault, injuries sustained, and victim-suspect relationship. One limitation discovered in this survey was the inability to determine ethnicity due to agency records only documenting race as black, white, and other.
Similar to Victim Demographics, the Suspect Demographics survey (see Appendix F) examined broad demographic information such as age, race, gender, and substance use. This survey also encountered problems determining ethnicity.
The sixth audit survey was Incident Demographics (see Appendix G). This survey provided details of the sexual assault including the type of assault, method of facilitation, and whether the assault was completed or attempted. Additional questions examined disposition and circumstances surrounding inactivation.
The seventh audit survey was Victim Services Process (see Appendix H) and explored victim advocate participation. This information included whether the advocate met with the victim and provided relevant information. Further, these data determined the level of sexual-assault specific services provided.
Supplemental Case Information
Aside from the internal and audit surveys, supplemental case information was gathered to address the purpose of this research. The supplemental case information was provided to the researcher by the police department on removable hard drives. The supplemental information contained more detailed case information on all 90 cases. For example, these sources offered patrol and detective documentation, which bolstered the
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ability to determine case, victim, and suspect demographic information. All identifying information had been redacted from the case information.
Survey Administration and Data Collection The data were gathered from multiple sources. The following information identifies when the surveys were administered and how respondents were chosen. Survey administration and data collection occurred over a period of time from March 2012 to July 2015. This section describes additional information about the administration internal and audit surveys. See Figure 3.2 for a research timeline, including survey administration and data collection.
March January June August October June July August
2012 2013 2014 2014 2014 2015 2015 2015
March 2012-Octobcr 2014 Cases Reported
Informed of Problems by County. New FBI definition of rape goes into effect
Mandatory Advocate Call Out
Merge
Victim
Services
CU Denver Participation Begins
Internal
Department
Survey
May-July 2015 Audit Survey Administration
Figure 3.2: Research Timeline
Internal Department Survey
The police department administered the internal department census survey in July 2015 via Survey Monkey to all sworn and non-sworn agency employees. Sworn employees, including patrol officers and detectives, are those who have a badge, carry a firearm, have
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attended an academy, and have arrest powers. Non-sworn employees may have some but not all of these and include crime analysts, technicians, and advocates.
Participation in the survey was voluntary. The survey developer administered the questionnaire via e-mail. The results of the survey were e-mailed to the researcher for secondary data analysis.
Audit Surveys
The seven audit surveys were administered to participants (i.e., auditors) by the police department from May to July 2015. The surveys assessed sexual assault cases that were reported to the department from March 2012 to October 2014. Auditors were internal and external law enforcement and victim services representatives who reviewed sexual assault cases and participated in the subsequent audit surveys. Participants included individuals who are employed by the police department, both sworn officers and non-sworn personnel. Three groups were invited to complete the audit surveys based on their areas of expertise: Investigations Participants, Victim Services Participants, and Crime Scene Investigation Participants.
Investigations Participants consisted of 12 individuals, 5 employed by the agency and 7 employed in neighboring jurisdictions. These individuals were put into three teams: A, B, and C. Team A had two internal and two external participants. Team B had one internal and three external participants, and Team C had two internal and two external participants. Each team consisted of a supervisor, at least one sexual assault detective, and two additional investigators of any discipline. Within teams, each member reviewed a set of the same 30 cases. At the time the participants were given the cases to review, they were given two
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subsequent audit surveys: Investigative Process: Patrol (First Responder), and Investigative Process: Detective.
The Crime Scene Investigators participants consisted of two crime scene investigators, both employed by the department. They received the Evidence Collection and Management: Crime Scene Investigator survey. Each participant reviewed roughly half the cases, with no one case reviewed by both auditors. This survey poses a potential bias as the participants audited cases in which they had been active investigators.
The Victim Services Participants consisted of six professionals from the victim services sector, none of which were employed by the department. These individuals were employed in non-profit, private practice, and outside law enforcement agencies. Like the Investigations Participants, they were put in three teams: A, B, and C. The teams each received randomly selected cases to determine if the victims received the appropriate level of services. Like the Investigations Participants, each Victim Services participant was given subsequent audit surveys to fill out as they reviewed each case.
All the auditor survey responses were distributed electronically to the researcher by the department in August 2015. These data were uploaded to the secure server One Drive for The University of Colorado Denver.
Because no administration method is perfect, there were several limitations in the survey responses. Occasionally, there were individuals who completed only a single audit survey. Throughout the surveys audited by victim advocates and law enforcement personnel, cases were examined by anywhere from one to five auditors. There was no method of ensuring cases were systematically audited by the same individuals throughout the process. Some individuals audited more cases than others, and thus some cases received more
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reviews. This difference was not based on the nature of the case or associated variables, but was random.
Supplemental Case Information
The case information is a compilation of case data to supplement the audit reports and allowed the researcher to verify facts of the case. A commander and the lead victim advocate collected the data, which was compiled through the records unit. This information was electronically distributed to the researcher by the department in May and August of 2016.
The supplemental case information provided by the department was used to determine frequency of case variables. The supplemental information was compiled to accurately determine frequencies on victim and suspect demographics, as well as other case information.
Analytic Techniques
For the purpose of identifying weaknesses in case management and developing best-practices recommendations, the researcher utilized a variety of analytic techniques. When approaching the data sets, the researcher used a mixed methods approach, combining quantitative and qualitative analyses to create a rich, in-depth analysis of the data.
Qualitative methodology offers rich narrative and provides additional depth to the study. Additionally, the surveys were analyzed to gather quantitative descriptive and procedural data related to actual investigations and perceptions of the officers. Chi-square analyses were used to determine differences between auditors who were internal and external to the department, and invited versus non-invited personnel.
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Qualitative
A qualitative approach allowed the researcher to gather a wealth of information from the audit survey data sets. These seven surveys included sections for additional auditor commentary, which identified major weaknesses in case management. Comments from the audit survey were analyzed qualitatively; they were aggregated and reviewed by two researchers to improve inter-rater reliability. Qualitative data were analyzed using an inductive approach. The comments were coded for major themes. A manual thematic analysis was conducted, based on the frameworks developed by Creswell (2015) and Saldana (2015) by identifying patterns of repetitive words and short phrases, which were then grouped into similar categories. Both researchers, who reached consensus on the initial analysis, identified a total of six major themes.
Quantitative
The quantitative analyses allowed for the development of descriptive statistics on all three data sets. This analysis also allowed for comparisons across the various data sources. The Internal Department Survey results were aggregated to determine perceptions of sexual assault investigations and the criminal justice system. Responses were then grouped based on three types of employment status: sworn, non-swom, and unknown.
The audit survey responses were quantitatively analyzed. The data were used to establish descriptive statistics and frequencies. Further, the Likert type data from the two investigative surveys were used to determine if significant differences in scoring existed between internal and external auditors. Additionally, the auditor scores were used to determine if significant differences existed between auditors who were invited to participate in the survey and those who participated but were not invited.
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In the next section, findings are presented from the data analyses, beginning with the participants of the surveys. Next, the findings from the supplemental case information, Internal Department survey, and the seven audit surveys are described. Last, the qualitative findings from the audit surveys are presented.
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CHAPTER IV
FINDINGS
The results of the study include both quantitative and qualitative findings. First, descriptive statistics are presented on the sample of participants, beginning with the internal department survey and concluding with the audit survey participants. Second, quantitative findings from the supplemental case information, Internal Department Survey, and audit surveys are discussed. Finally, findings from the qualitative analysis of the audit surveys are described.
Quantitative Findings
Participants
Internal Department Survey. In total, 115 surveys were distributed, representing the entirety of the department. A total of 70 responses were received, resulting in a 60% response rate. Respondents included 35 sworn personnel, 18 non-swom personnel and 17 personnel whose sworn status is unknown. Respondents consisted of 34% patrol officers, 16% detectives, 14% police administration, 7% victim advocates, 17% non-sworn staff, and 12% unknown.
Respondents experience in law enforcement ranged from less than one year to over 21 years. Experience was measured in discrete range categories. Because this is a mid-sized department, the ranges were utilized to help ensure confidentiality. Respondents included 22 females, 42 males, and 5 gender unknown. Participants age ranged from 21-59. Age was measured in four categories. Seven respondents declined to provide their age.
The survey attempted to use employment type, but because of the question wording (Appendix A, question 3), it was difficult to discern clearly which employees were sworn or
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non-swom. Answers such as Decline to Answer and Police Administration could contain both sworn and non-sworn, thus the option of unknown was used in this analysis.
A cross-tabulation was used to determine which employees selected which answers and establish frequencies based on sworn, non-sworn, and unknown employees.
Audit Survey Participants. Each of the three teams had both internal auditors who worked for the police department and external auditors who worked as detectives, investigators, and sergeants in neighboring jurisdictions. Each team was initially designed to have three participants with a total of nine auditors. Three internal individuals were not invited to participate in the audit survey but insisted on being included without asking or notifying the proper parties. These individuals likely introduce some bias to the results because, in some cases, they had worked the actual cases they were auditing.
In the next section, findings are presented on the supplemental case information. This information provided clarifying demographic information, which resulted in more reliable descriptive statistics.
Supplemental Case Information
An analysis of the supplemental case data show the majority of victims are White, followed by Hispanic, Black, Native American and unknown (see Table 1). A total of 92% of victims are female and 8% male. Victims ranged in age from 10 to 93 years old with a mean age of 25.5 years. A total of 43% of suspects were Hispanic, 37% White, 10% Black, 9% unknown, and 1.1% Middle Eastern. A total of 94% of offenders were male, 5% offenders were female, and 1% unknown.
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Table 1: Victim and Suspect Demographics from Supplemental Case Information
Demographics Percentage N

Victim Gender
Female 92% 80
Male 8% 7
Victim Ethnicity
White non-Hispanic 47% 41
Hispanic 43% 37
Black 8% 7
Native American 1% 1
Unknown 1% 1
Suspect Gender
Male 94% 82
Female 5% 4
Unknown 1% 1
Suspect Ethnicity
Hispanic 43% 37
White non-Hispanic 37% 32
Black 10% 9
Unknown 9% 8
Middle Eastern 1% 1
N=87
Of the cases reported, 14% (n=12) involved a victim with diminished mental capacity excluding substance intoxication. A total of 12% (n=l 1) of assaults occurred at a facility of some type. In 8% of cases (n=7) a language barrier existed between law enforcement and a reporting party, suspect, victim, or witness. These included Spanish language and sign language communication barriers. Victims were under the influence of drugs or alcohol at the time if assault in 23% of the cases. Suspects were under the influence of drugs or alcohol at the time of assault in 25% of the cases. A total of 30% of cases (n=26) had a victim and/or suspect under the influence of drugs and/or alcohol.
Case status (N=87) varied greatly. A total of 54% (n=47) cases were closed/cleared.
A total of 37% (n=32) were inactive, 6% (n=5) lack of prosecution, 2% (n=2) further investigation and 1% (n=l) closed by other. Case disposition (N=52) varied, as well. A total
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of 22 cases (42%) were cleared by arrest, nine were exceptionally cleared (n=2 of these were also cited as lack of prosecution). A total of eight cases were unfounded, six were cleared by other, five were declined prosecution either by the DA or the victim, two were lack of prosecution, and in one the victim refused to participate.
Internal Department Survey
The police department is comprised of 120 employees. The majority of employees are male (75%). The majority of sworn officers are white (75%) with 15% Hispanic, 5% black and 5% of other ethnicities. Table 2 provides demographic information for the participants.
Table 2: Participant Demographics and Characteristics
Demographics Percentage

Gender
Female 32%
Male 61%
Unknown 7%
Age Range
21-29 14%
30-39 22%
40-49 41%
50-59 13%
unknown 10%
Position
Patrol Officer 35%
Detective 16%
Police Administrator 15%
Advocate 7%
Non-swom Staff 17%
Unknown 10%
Experience in Law Enforcement
Less than 1 year 9%
2-5 years 14%
6-10 years 10%
10-15 years 16%
15-20 years 25%
21 or more years 26%
N=69
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they were sexually assaulted they would report the assault to their agency. A total of 17% of participants indicated they would report the offense to another jurisdiction. A total of 9% (n=6) would not report a sexual assault to any jurisdiction. Participants may, however, have interpreted this survey item in numerous ways. Whether or not the decision to report, for example, is based on the ability of the department to effectively investigate sexual assault is unknown. Responses also may represent a desire to maintain privacy.
A total of 83% of respondents (n=58) indicated that the criminal justice system fails to hold most offenders accountable for their sexual assaults. A total of 80% and 78% of sworn and non-sworn employees believed offenders are not held accountable, respectively. A total of 94% of unknown employees believed offenders are not held accountable.
Exploration of Rape Myths and Sexual Assault Reporting. The Internal Survey provided insight into department employees perceptions of sexual assault and rape myth.
The majority of respondents indicated that most women do not lie about being sexually assaulted (n=63, 91%). Only six respondents (9%) indicated that most women lie about being sexually assaulted. All respondents (n=69) recognized that the statement, Victims of sexual assault are usually assaulted by a stranger is false. These responses indicate a thorough understanding that an individual known to the victim perpetrates the majority of sexual assaults. A majority of respondents (61%) indicated that most sexual assaults result in the victim having little or no physical injury. A total of 27 participants (39%) believe most sexual assault results in a higher degree of physical injury. All respondents indicated that it is possible for males to be sexually assaulted (see Figure 4.2).
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Table 3: Important Components of Reporting Sexual Assault
Answer Choice Percentage Frequency

Being Believed by Law Enforcement 85% 57
Knowing Information About My Assault May Help Another Investigation 78% 52
Knowing That Law Enforcement Would Respect My Decision to Not Move Forward With an Investigation If That is What I wanted 64% 43
Finding Out if the Person Who Assaulted Me Had Also Assaulted Other People 63% 42
Being Able to Report to Law Enforcement and Not Have Them Tell Anyone I Reported 48% 32
Not Being Pressured to Participate in an Investigation 45% 30
Being Able to Speak with an Advocate Before Reporting to Law Enforcement 31% 21
Being Able to Start My Report Using an Online Form 28% 19
Being Able to Speak to a Law Enforcement Officer Without Having to Identify Myself 24% 16
Being Able to Report Anonymously 19% 13
N=67
Being believed by law enforcement was selected more often by all three categories of employees: sworn (n=29), non-sworn (n=17), and unknown (n=12), indicating a wide variety of individuals believed this to be the most important factor. Unknown employees also selected knowing information about my assault may help another investigation 12 times, indicating that this category valued this factor as highly as being believed by law enforcement.
The next section details quantitative results from the seven audit surveys, addressing the scope of the responses, and noting main points and responses of each survey.
Audit Survey Results
The number of surveys completed by each team varied. The 12 Investigations Participants completed two surveys; each participant completed an average of 29 surveys. The Investigative Process: Detective survey had a total of 347 responses and the
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Investigative Process: Patrol (First Responder) survey had a total of 3 51 responses for a total of 698 responses from the Investigations Participants group.
The six Victim Services Participants completed four surveys; each participant completed an average of 24 surveys. There were 144 Suspect Information surveys, 144 Incident Information surveys, 143 Victim Information surveys, and 140 Victim Services Process surveys for a total of 571 responses from the Victim Services Participants group.
The two Crime Scene Investigations Participants completed one survey. The Evidence Collection and Management: Crime Scene Investigator survey resulted in 90 completed surveys, 44 from one auditor and 45 from the other. A third completed one survey. One CSI participant audited each case. All 20 participants (Investigations, Victim Services, and CSI) completed a total of 1,359 audit surveys.
To determine quantitative case information, data from the audit surveys were aggregated and differences in auditor response were documented (i.e., if one auditor noted the suspect was under the influence of alcohol but another noted the suspect was not under the influence of alcohol). When there was disagreement in response the majority response was used. If there was no majority interpretation among auditors, conflicted was used to indicate auditors could not agree and there was not a majority opinion. The use of conflicting differs from unknown, which was often an answer choice on survey items.
For all of the seven audit surveys, all 1,359 responses were analyzed. Because six of the surveys involved multiple auditors responding to each case, the data analysis examined responses for each individual case. A spreadsheet was developed of one answer for each question, allowing for the individual cases to serve as the unit of analysis.
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Investigative Process: Patrol (First Responder). This survey resulted in usable auditor response for 87 cases. The responses established that participating officers established the elements of a criminal offense in a total of 68 cases. Five cases failed to establish the elements of a criminal offense, one case was unknown, and in 13 cases auditors were unable to reach consensus. The responding officer established a crime scene other than the victims body in 37 cases, seven cases did not have a crime scene established, and respondents were conflicted on 43 cases. One or more witness was identified in 37% of the cases (n=32) and one or more suspect was identified on 63% of the cases (n=55). A SANE was offered to the victim in 24% of cases (n=21), a victim advocate was called out in 23% of cases (n=20), and the victim was given a Victims Rights Act brochure in 47% of the cases (n=41).
Investigative Process: Detective. This survey resulted in usable auditor data responses for 87 cases. A detective was called out at the time of the initial report in 20% of the cases (n=17). Of the cases that did not have a detective called out initially, there was extensive variation in the time it took detectives to attempt contact with the victim. In 9% of cases (n=8) a detective attempted contact within one to three days. A total of five cases had attempted contact in four or five days and in two cases the detective attempted contact in six to ten days. In 71% of cases (n=61), attempted contact occurred after ten days or not at all. A total of 5% of cases (n=4) were unknown and 7% of cases (n=6) were conflicting. The majority of follow up interviews with a documented location (n=55) occurred at the police station (n=12), the victims home (n=l 1), a hospital (n=7), a sexual assault support services center (n=6) and over the phone (n=6). After the initial follow up interview, a total of 43 cases failed to result in a second follow up interview, 28 cases had conflicting information,
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nine cases did have a subsequent interview, and in seven cases it was unknown if a detective conducted a second interview.
A suspect was interviewed in a total of 25 cases. There were no suspect interviews in 54% of cases (n=47), eight cases were unknown and seven cases had conflicting information. Most suspect interviews occurred at the police department (n=12), over the phone (n=6), at the suspects home (n=4), and at the suspects place of employment (n=2). After the initial interview, three cases had a second suspect interview, 39 did not have a second interview and five cases had conflicting information.
Witnesses were interviewed in 25% of cases. There was no suspect interview in 38% of cases, conflicting information on 37% of cases, and one case was unknown.
Several investigative techniques were used in the course of case investigation. Law enforcement did not utilize investigative techniques in 87% of cases. Social media was used in five cases, pretext phone calls were utilized in four cases, and one case each used a polygraph test and text messaging.
Victims were notified of case disposition in a total of 22 cases. Of these, victims were notified by detectives in 17 cases, patrol in one case, and consensus was not reached on four cases. It was unknown if a victim was notified in 63% of cases (n=55), the victim could not be contacted in four cases and not applicable was selected for six cases.
Evidence Collection and Management: Crime Scene Investigator. This survey resulted in usable auditor data responses for 90 cases. Physical, visible injuries were identified in 19% of cases (n=17). The victim underwent a SANE in 25% of cases (n=23) and in 19% of cases (n=17) notes from the exam were booked into evidence or I/Leads. In 17% of cases (n=15) evidence from the SANE was submitted to the state Bureau of Investigations
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for analysis. In a total of 10 cases (11%) a forensic exam was conducted on the suspect. A CSI was called to the scene in 19% of cases (n=17) and evidence was collected in 25% of cases (n=23). In 12% of cases (n=l 1) the auditor believed there could have been additional analysis of evidence.
Victim Demographics. Supplemental case information was used to gather more precise frequencies for victim demographics; therefore these data are used only to establish additional case frequencies. Because different auditor groups completed different surveys, some data vary slightly. Due to low responses for many questions, some suspect demographic frequencies from this were excluded. This survey resulted in usable auditor data responses for 88 cases. Victim injury occurred in 13 cases, with an additional six cases having conflicting responses. This finding closely resembles the 17 cases with victim injury identified in the previous survey. Of the physical injuries identified, 15 were minor including bruises, minor cuts, scrapes and abrasions. Three injuries were serious, needing urgent medical care. A point to consider when determining the level of additional physical injury sustained is that bruising often does not show immediately and can be harder to detect on individuals with darker skin, convoluting the process of determining the level of immediate injury.
The survey included the victims relationship to the suspect. A total of 33% of assaults (n=29) were perpetrated by a non-stranger (known more than 24 hours and not in any other category), 27% (n=24) were family members (immediate, extended, or through marriage), 15% were stranger, 9% (n=8) were brief encounter, 9% (n=8) were current or former intimate partner, four were unknown and two were conflicting.
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Incident Demographics. Supplemental case information was used to gather more precise frequencies for incident demographics, thus this information is used only to establish additional case frequencies. Because different auditor groups completed different surveys, some data vary slightly. Due to low response rates for many questions, some incident demographic frequencies from this survey have been excluded. This survey resulted in usable auditor data responses for 88 cases. Of the 88 cases, the majority (56%) involved some type of penetration of the vagina or anus by any body part or object. Fondling was the second most common type of assault, making up 24% of reports. Three cases involved oral copulation, two were attempted assaults, one was masturbation, one involved the offender photographing the victim, and 11 cases were unknown. A total of 27% (n=24) of cases involved physical force or verbal threats. This survey allowed auditors to select from eight case dispositions, a total of 80 had a disposition selected. One auditor wrote in their own outside option resulting in nine different dispositions, three cases had missing data. The most common disposition was inactivated (n=25), followed by cleared by arrest (n=23). Additional dispositions included lack of prosecution (n=10), exceptionally cleared (n=7), unfounded/false (n=8), unfounded/baseless (n=5), closed as informational report (n=l) and cleared by other (n=l) (see Table 4).
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Table 4: Incident Demographics Survey- Case Dispositions (N=80)
Disposition Frequency Percent

Inactivated 25 31%
Cleared by Arrest 23 29%
Lack of Prosecution 10 13%
Unfounded/False 8 10%*
Exceptionally Cleared 7 9%
Unfounded/ Baseless 5 6%
Informational Report 1 1%
Cleared by Other 1 1%
Victim Services Process. Supplemental case information was used to gather more precise data for victim services, therefore this survey is used only to establish additional case frequencies. Because different auditor groups completed different surveys, some data vary slightly. Due to low responses for many questions, some victim services frequencies from this survey have been excluded. This survey resulted in usable auditor data responses for 86 cases. Of the 86 cases, a victim advocate was called out 29% of the time (n=25) and in 37% of cases the victim worked with an advocate. This discrepancy could be attributed to advocates that responded after the initial report was made. In a total of 46 cases (53%) the victim was provided with a Victims Rights Act brochure and in 13 cases (15%) the advocate verbally discussed Crime Victim Rights. In 33 cases the victim was given information on Crime Victim Compensation and in 15% of cases (n=13) the advocate provided crisis intervention and in 13% of cases (n=l 1) the advocate discussed trauma reactions. In 28% of cases (n=24) the victim received community referrals from an advocate. These referrals included transportation, property retrieval, housing and shelter, therapy referral, advocacy referral, civil and/or legal representation, emergency financial assistance, and employer intercession.
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The next section describes research findings that arose in the course of analyzing quantitative audit survey information and warranted further analyses.
Relationships Among Employment Status and Documented Case Ratings
As the research progressed, a question arose as to the differences between the scoring responses from internal and external auditors and chi-square statistical analyses were conducted to determine if a relationship existed between employment status and rating scores.
For the purpose of conducting chi-square analyses, the Likert type questions from the Investigations Participants surveys were used (see question 15 in Appendix C, and question 15 in Appendix D). The auditors were categorized as employed by the department (internal) or by another jurisdiction (external). The internal or external status of the auditor was coded as a dichotomous independent variable, allowing for a 3x2 chi-square analysis.
The scoring method for the quality of the report writing was originally designed as a Likert type question ranking from one to five. One represented the lowest quality and five represented the highest quality score. These five ordinal rankings were collapsed into three categories. The lowest scores of one and two are represented by the nominal category of poor. The middle score of three is represented by fair and scores of four and five are represented as good.
A chi-squared test was utilized to test for independence between two categorical variables. The variables are a) whether the auditor was employed by the department or an outside jurisdiction and b) whether the auditor was invited to participate in the survey or participated without invitation. The variables are derived from the question in the two
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Investigative Processes Surveys determining the quality of the report writing of a) patrol officers and b) detectives.
This test allows for an assessment of the relationship between the two variables to determine if they exist independently (Privitera, 2015). If no relationship exists, there will be relatively equal distribution of reporting scores (poor, fair, good) among both a) internal and external employees and b) invited participants and non-invited participants in the observed sample.
This test addressed the question of interest: whether employment status and patrol case ratings are independent of one another. A chi-squared test of independence was conducted to test for independence between two categorical variables. This test allows for an assessment of the relationship between the two variables to determine if they exist independently (Privitera, 2015). The variables are employment status (internal vs. external) and the case reporting score. The null and alternative hypotheses are:
H0: In the population, employment and patrol case ratings are independent Hi: In the population, employment and patrol case ratings are dependent
If no relationship exists, there would be relatively equal distribution of scores (poor, fair, good) among both internal and external employees in the observed sample.
Results show there is a difference between scores of auditors employed by the department and those employed by outside departments. Findings from this test reveal employment and patrol case ratings are dependent statistically (Chi-square=9.631; df=2; p=0.008). A p-value of 0.008 indicates a 0.8% chance of a random sample showing this distribution if the variables were truly independent. Internal and external employment status is not independent of rating of patrol report writing. In the aggregate, whether an individual
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works for the police department or not is associated with their rating score. External employment status is associated with lower case ratings, and internal employment status is associated with higher case ratings. See Table 5 for scoring distribution.
Table 5: Patrol Report Quality and Employment Status
Report Quality Employment Status Total
External Internal
Good 120 (60%) 101 (71%) 221(64%)
Ok 46 (23%) 33 (23%) 79 (23%)
Poor 35 (17%) 9 (6%) 44 (13%)
Total 201 143 344
x =9.631; df=2; p=0.008
While this analysis does not allow for a definitive reasons for this relationship, it is possible that internal auditors were more generous in scoring the detective documentation because they share camaraderie within the department. Further, the lack of protocol and policies at the time may have resulted in lower quality documentation, however internal officers and auditors were not aware they were sub-par compared to other jurisdictions.
The Investigative Process: Detective survey analysis showed no significance between internal and external employee ratings. Another question of interest is whether invitation to participate and case rating are independent of one another. A chi-squared test of independence was conducted on employees who were invited to participate in this survey and those who participated without invitation to determine if these variables exist independently. If no relationship exists, there would be relatively equal distribution of detective reporting scores (poor, fair, good) among both employees who were invited to participate and those who participated without invitation. The department mentioned these internal individuals participated against the wishes of survey developers. This question had a total of 271 responses. Individuals invited to participate made up 201 of these and individuals who
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that there is a 0.5% probability of a random sample showing this distribution if the variables were truly independent. Whether an auditor was invited to participate or participated without invitation is not independent of detective case rating. In the aggregate, whether an individual was invited to participate or not is associated with their rating score. Auditors that were invited to participate are associated with lower rating scores and auditors that participated without invitation are associated with higher rating scores.
The relationship presented in this analysis may be accounted for because the individuals who participated without invitation may have believed these cases were being scored too harshly or unfairly and were trying to increase average scores. Possibly these individuals genuinely believed these cases were handled better and were trying to accurately represent their opinions, though their lack of selection as auditors speaks to the possibility that they less qualified or biased compared to other auditors.
Qualitative Findings
The seven audit surveys provided auditors ample space for commentary. Throughout the seven surveys, auditors had the option to add additional comment on 54 questions. While all auditors did not consistently respond, the comments resulted in a large amount of qualitative data.
Law enforcement officers often are faced with difficult scenarios and challenging populations. Victims and suspects that are uncooperative, disabled, or suffer from mental illness may complicate cases. Additionally, problematic issues in investigations, detective response, documentation, victim services, and case management when the victim was under the influence were also noted with some regularity. These issues, while challenging and potentially frustrating, were noted as major themes in the 90 cases. A total of 6 main themes
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Auditors in eight different cases mentioned the victims mental health status; these comments ranged from depression and bipolar to dementia and Schizo-Affective Disorder. These cases are repeatedly referred to as difficult to investigate and may rely more on additional investigative techniques. Victims often are unable to communicate clearly and may require forensic interviewing and witness testimony. Additionally, many of these assaults took place in residential care facilities that may need staff training on how to best protect their patients. As one auditor pointed out, for example: You may want to look at ways to work around these issues, some of which may be finding forensic interviewers who specialize in these areas. You might also consider a proactive approach such as educating the facilities about sexual abuse, investigative sexual assault protocols, surveillance systems, etc. Another auditor echoed this sentiment, stating advocacy/education could still be provided to the medical Center where the incidents occurred that could help prevent further victimization.
Auditors commented repeatedly on the need for the department to effectively investigate these cases: Obviously this case is complicated due to the potential mental issues of those involved but these individuals reside in your community and they need to be represented accordingly. Surveillance systems were recommended by auditors in four separate cases that occurred in care facilities with mentally disabled patients. Whether the facilities had surveillance systems in common areas is unknown, but four of nine cases that occurred in assisted care facilities commented on a lack of surveillance.
Investigation. Auditors frequently mentioned weaknesses in the investigative process, including patrol investigations, evidence collection, investigative techniques, establishing a pattern of offending, and identifying other potential victims. Auditors noted
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weaknesses in the investigation process in 57% of cases (n=51). Weaknesses include the failure to appropriately assign cases to a detective and a failure to investigate recant statements.
Victims recanted in several cases, which, as research has shown, fails to indicate that an assault actually occurred. When considering the police departments higher than average closure of cases as unfounded false allegations, this is worth additional attention. One auditor clarified,
Victims recanting is not uncommon in sexual assault cases. There is no question some of the details provided by the victim did not match the physical evidence. However, the injuries found during the SANE exam were consistent with the victims recounting of the assault. Those injuries are left unexplained with a false report. Victims frequently do not tell the whole truth when reporting a sexual assault. It would have been helpful to have those injuries explained if this was truly a false report.
Establishing a pattern of offending can be a crucial step in supporting future cases. If
a victim reports and does not want to pursue a case, retaining the report can help if a similar
allegation is made. The results can also assist other jurisdictions that have a case lacking
evidence. Auditors mentioned a need to take reports and establish a pattern of offending in
seven separate cases. One auditor commented:
Even without prosecuting a case it can still be used as a similar if any other future cases are investigated. As a similar, it can help strengthen another case and even may be the deciding factor whether another case would be able to go forward.
Another auditor commented on the actions of the police department in relation to the
quality of case management and department policies and procedures:
What I will talk about is more about the ethical responsibility we in Law Enforcement have with our cases and not necessarily procedures in place for the (redacted) PD since I dont know them first hand.. .This case could have been investigated further.
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When these cases were reported, a timespan ranging from 2012-2014, the department did not, in fact, have established policies and protocol for investigating adult sexual assault cases. Further, the county SART program provided guidelines in 2013 but there was no corresponding training within the department.
Patrol. Auditors noted patrol investigation weaknesses 14% of cases (n=13). Problematic investigation included cases never being reviewed. One auditor mentioned, no indication given that the case was ever reviewed or sent to investigations for decision on case status.
Some cases lacked adequate reports and a lack of follow-through, despite identified
leads. Concerning a failure to thoroughly investigate, one auditor said, more investigation
should have occurred to attempt to document a suspect description. On a similar note, one
auditor pointed out the officer didnt do anything to attempt to locate the suspect.. .the
officer dropped the ball and didnt do a complete and thorough investigation. Other cases
exhibited a minimal amount of effort, as well as using personal opinion into a report. One
auditor commented: the tone of the report made me think the officer may have had issues
with the victims credibility (which is always dangerous in the event the officer is wrong).
Further issues include incomplete investigations, cases being unfounded at the patrol level,
dismissing victim statements, and cases not being taken seriously:
This case was taken very light by the officer. The victim was completely intoxicated at the time the officer was asking her questions... .It seems that the detox employee was the only person worried for the well-being and safety of the victim in this case. No other efforts were made and case was closed.
Evidence. Auditors commented on weaknesses of evidence collection and processing in 29% of the cases (n=26). Often, these include collecting minimal evidence, and failing to properly amass and document evidence. Evidence mismanagement in these comments refers
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to photographs, bedding, fingerprints, DNA, and SANE kits. Noted by one auditor, for example: No scene photos were taken, no evidence was collected at the scene. The bedding on the bed and the victims clothing could have been collected as evidence. Further, when evidence was collected it was not always submitted for analysis, The SANE kit was never submitted to CBI for analysis... This case was not thoroughly handled by CSI Even when evidence was gathered and submitted for analysis, it was not always utilized in the case: The recommendation would be to follow up with CBI for a disposition on the submitted evidence.
Investigative Techniques. Investigative techniques, including pretext phone calls, text messaging, polygraphs, and social media were utilized in only 13% of the cases. Auditors specifically mentioned needing additional investigative techniques in four cases. There was no specific comment area for suggesting additional investigative techniques, so the need for further techniques may be underrepresented. An auditor noted benefits of utilizing technology to further an investigation: Maybe using some other investigative techniques would have gotten some clearer information, or a confession. In one case, an auditor commented that officers could have taken relatively simple steps to identifying a suspect: Efforts could be made to ID the suspect through the school and through the victims Facebook Further, the district attorney stated additional investigative techniques could have strengthened cases they were not able to accept.
Additional Victims. As research has shown, sexual offenders often offend multiple times, usually targeting vulnerable populations. When a report is made, and whether or not the case is accepted by the DA, it is crucial to attempt to identify other victims, both current and former. Further, there is a need to identify potential future victims based on knowledge
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of the offenders behavior, living situation and history. Auditors mentioned potential additional victims in 21% of the cases (n=19). In some cases, little action was taken to identify these victims: more should have been done to look for other victims. In several cases, auditors expressed frustration that officers failed to pursue finding other victims, the detectives decision not to pursue the investigation endangers possible future victims by this offender. In one case, the offender was an individual in a position of authority at a school with a history of grooming behavior toward a juvenile male. One auditor recommended, Im suggesting that something be followed up with (redacted) public schools, specifically as it pertains to other victims. Even if it is not a mandated policy, best practices suggest attempting to identify additional potential victims. Several cases of sexual assault on a minor specifically mentioned other juveniles lived in the house, or prior allegations had been made against the accused.
Detective Participation. Weaknesses in detective investigation were mentioned throughout the cases. Detective interviews, victim follow-up, victim contact and communication, and report writing were often lacking. Auditors commented on weakness of detective investigation in a total of 54% of cases (n=49).
Response and Investigation. Auditors noted weaknesses in detective response in a total of 36% of cases (n=32). These ranged from a lack of involvement in the case, and minimal victim contact. Auditors noted that detectives often failed to interview victims, suspects and witnesses.
There were numerous potential witnesses who had been around or lived with the victim and suspect during the time of the alleged abuse and those people would have
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been critical to interview. None of them appeared to have been interviewed. I could list out a number of other investigative steps that should have been taken.. .It clearly needs to be re-opened and fully investigated.
Another auditor commented on not only the lack of suspect interview, but also issues with the suspect lineup photo shown to the victim: Im not sure why the suspect was never interviewed/charged on the day of the assault and why a three year old picture was used in the photo lineup. Some cases were closed without a thorough detective investigation. One comment noted: This should not have been classified as unfounded.. .There should have been some consideration given to conducting other interviews with the named victim as well as other potential witnesses. In some cases, the detective failed to take steps to establish and investigate the crime scene, and noted, for example: A crime scene could have been investigated and evidence collected which could have assisted in the investigation.
Follow-Up Delays. In addition to detective response and investigation, auditors noted problematic follow-up in 29% of cases (n=26). These reference only cases that were assigned to a detective. In some cases, follow-up took weeks or even months. In other cases the detective left it up to the victim to make contact and in one case an extensive delay in contact allowed the suspect to flee the country. One auditor mentioned the impact this could have on case outcome:
Very lengthy time span from when the initial report was generated to when follow- up contact was made.. .there may have been a different outcome had follow-up been done in a more timely fashion.. .It appears to have been a three month delay in reaching the victim.
Auditors repeatedly commented on their concern that extended delays in contacting the victim and suspect were so common: Concerned about the delay in detectives interviews with the victim and suspect. This case took so long for the initial interview. 3 months. In some cases, the detective never followed-up with the victim or suspect at all, No known
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contact was ever made with the victim by a detective. Detective didnt complete any follow up or make contact with the suspect. The follow-up weaknesses occasionally reference a lack of effort on the part of detectives, while others attribute the delays to detectives having more pertinent cases.
Documentation. In a total of 40% of the cases, auditors noted weaknesses in case documentation and report writing (n=36). These weaknesses include documentation that was limited, poor in quality, basic or was unclear. Reports often lacked information pertaining to the actual assault, lack of suspect description, had vague or missing dates, or appeared to be copied verbatim from a prior report.
In some cases, the reports failed to capture the nature of the assault and auditors repeatedly commented that they needed to be more specific on the assault. Needed to be more specific on suspects. Report didnt state very well what really took place, poor report. What is in the case file is not complete by any means. Some cases included officers personal bias: The initial report also contained the officers opinion as to why the RP was making this report. The officer should have documented the facts/statements and left out his personal opinion. Another auditor mentioned difficulties establishing timelines: It isnt clear when the detective began the investigation.. .This is again an on-going theme in many of the cases, where there is a lack of specific dates/times when case events occurred.
Victim Condition. In addition to more general weaknesses in documentation, auditors specified that reports lacked the necessary information about victims condition in 12% of cases (n=l 1). The reports lacked information on victim emotional reactions, physical condition, and appearance. Auditors repeatedly commented that these facts were missing from case files: No detail on victim appearance, physical, or emotional condition. The
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victims physical and emotional conditions were not noted. He did not make note of her physical or emotional condition.
Victim Services. The absence of victim services, most notably victim advocates, was common in the 90 cases despite extensive research that advocates are a crucial component of victim healing and case success. Auditors commented on weaknesses in victim services in 31% of cases (n=28). These weaknesses included a lack or delay of advocate use (sometimes by officer exclusion), poor contact timeframes, failure to offer services to victims, a lack of crisis support, absence of interpreters, and victims uninformed of their rights and the criminal process.
In many cases, victim advocates were never utilized and victims were unable to access services: Victim advocate was not involved at any stage of the case. It seems that victim advocacy is not utilized in many of these critical cases of sexual violence. In several cases, auditors note police officers intentionally excluded victim advocates: Again it seems to be a lack of service provided to victims of crime by excluding victim advocated response to crime scenes... services can be improved if advocates are included.
Several times auditors note that a lack of advocacy can diminish victim participation and a lack of trust in the police department. No mention of a victim advocate being contacted who may have helped with the victims decision to pursue charges. One auditor mentioned that these cases presented the opportunity to collaborate with advocates to help them make an informed decision:
Again, this case is a good case to be work as a collaboration between police officer/detective and a victim advocate. The victim advocate could reach out to the victim and provide information and resources for the victim. That will give the victim the necessary tools to make an inform decision about her next steps.
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Another auditor had similar comments that victim advocacy provide crucial support to the victims and can help enhance the trust, communication and relationship between victims and police departments. It seems that (redacted) police department is not utilizing all its resources.
Auditors discussed the important role victim advocates play in simultaneously strengthening an investigation and building relationships with the community: This could have been a good opportunity for that young girl to talk an advocate. Advocates build trust and relationship with victims and are able to gather more information that can help officers in their investigation. Further, an auditor commented that a well-informed victim is more likely to work with the department: Victims that are well informed of the rights are more willing to collaborate with the police departments in the investigation.
The presence of victim services in the police department underwent a major shift in 2013. The department partnered with a nearby jurisdiction to improve SART participation and mandated advocate call-out in sexual assault cases in order to increase services to victims. Two cases noted a marked improvement in the utilization of victim advocacy. One auditor commented: This is the first case where victim advocacy was really used and documented well. It show a good improvement from previous cases. Another auditor mentioned: This case also shows some improvement and collaboration between police department and advocacy unit.
Victim Substance Use. A total of 30% of the cases involved substance use by the suspect and/or victim. Of those, 20 cases involved victim substance use. Levels of intoxication varied greatly among these 20 cases and in several the victims were extremely incapacitated. In these particular cases, auditors expressed repeated concern in the way the
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department handled the case. In four separate cases the auditor commented on the problematic manner in which law enforcement acted.
Auditors noted officers did not take cases seriously, and failed to follow-up with the victim in a sober state. Auditors noted a general need for a new approach: I would like to see different approach to intoxicated victims. Another auditor made a similar comment, Again, I see intoxication being an issue when it comes to decision making in these cases. I dont know the reasons if any for that but would recommend a change in approach. In some cases, officers failed to provide the victim adequate due diligence and an auditor noted a need for oversight: The officers werent totally invested in the alleged victim due to her status.. .More command presence needed to be established either by the officers or a supervisor being called in.
One auditor mentioned the need to follow-up with a victim regardless of their state at initial report, The alleged victim, regardless of their status or condition a the time of an initial report, is entitled to at least a cursory follow up contact.. .to determine what their wishes are as it pertains to the investigation. Further, one case was closed without a thorough investigation because of the victims behavior while intoxicated. The auditor noted: Case should not have been closed just because the victim was intoxicated.
CHAPTER V
DISCUSSION & CONCLUSION
The results of this study indicate that the police department is struggling to adequately manage sexual assault cases. The weaknesses discovered in these cases reflect
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parallel issues common in the current literature of sexual assault case investigation. Substantial points of discussion include adequately managing cases with victims or suspects of diminished mental capacity, and addressing problematic cultural and language barriers. Additional elements of high rates of case inactivation, misconceptions about the realities of sexual assault, and the importance of collaboration between jurisdictions and agencies are all relevant in improving case management and victim services. Last is a discussion of the implications of the weaknesses within the investigative process.
Findings show that a substantial proportion of victims are mentally incapacitated, either temporarily or permanently. Among those temporarily incapacitated are victims under the influence of drugs or alcohol. Permanent incapacitation includes dementia, mental health disorders, and severe neurological conditions. A high percentage of victims had nonsubstance related diminished mental capacity, indicative of a vulnerable population that warrants additional officer training in sexual assault mitigation, reporting, and case management. This population consists of individuals who may be challenged in their ability to report these crimes and understand the dynamics of assault and the criminal justice process. Because many of these cases took place in care facilities such as nursing homes, housing vulnerable populations, these locations warrant additional attention. The mental capabilities of residents in these facilities vary and in several cases neither the victim nor suspect were capable of understanding sexual assault. Further, the lack of surveillance to determine the legitimacy of some of the accusations is problematic and there appears to be minimal investigative effort by the department. While diminished mental capacity exacerbates an investigation, it is a prominent feature of this caseload and requires that special needs of victims be addressed in the course of the investigation. Limited mental
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functioning can impact an individuals ability to consent or fully understand the nature of a sexual assault. In many cases the victim and/or suspect were under the influence of drugs and /or alcohol. This result indicates that alcohol and drugs contribute to the vulnerability of individuals, which is a common finding in past literature (Fisher & Lab, 2010; Page, 2007). The treatment of victims under the influence and subsequent poor case management indicate a need for the department to adequately train officers in the complexities and realities of substance-facilitated sexual assault. In line with current literature, some officers allow personal views and frustration in these cases to dictate the quality of the investigation, thereby compromising an effective and just investigation (Fisher & Lab, 2010; Page, 2007).
The department also faces a disconnect between law enforcement and the populace, resulting in difficulties bridging cultural and communications gaps. Some cases exhibited a language barrier between officers and either victims, witnesses or suspects. This result illustrates a need to provide more through language services to non-English speaking and deaf populations. These cases lacked adequate follow-up, interviews, and translation in the course of the investigation, which may have a detrimental effect on case outcome and victim, witness, and suspect participation. Like most law enforcement departments, the majority of employees are white males. Because the jurisdiction is roughly half Hispanic and half female, departmental personnel fail to accurately reflect the ethnic and gender make up of the city. Current literature shows the dynamics of sexual assault and reporting vary across cultures and may be complicated when substantial cultural differences exist (Fisher &Lab, 2010; Heath et al., 2013; Responding to Sexual Assault, 2006; Rich & Seffrin, 2012). This situation can be exacerbated when populations include individuals residing in the country without legal documentation. Undocumented immigrants are more vulnerable due to fear of
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repercussions when interacting with law enforcement, and less likely to report victimization or seek assistance.
The variation in case status illustrates many cases were left inactive, a major concern by the county. Over one third of cases were inactive, waiting on new evidence or victim participation in order to move forward. Research has established that a lack of victim participation negatively affects the ability to advance a case to prosecution (Lonsway & Archambault, 2012; Murphy et al., 2011). Many weaknesses identified in the analysis include evidence management, documentation, detective follow-up, and the use of victim advocacy may render these investigations ineffective and contribute to their status as inactive. When a department conducts more thorough and appropriate investigations, the overuse of case inactivation may likely decline in favor of more desirable outcomes, such as closed by arrest. More thorough investigation and continued use of advocacy will likely increase victim participation and result in stronger cases that may be more likely to be accepted by the district attorneys office for prosecution. Further, case disposition identified eight unfounded cases, the majority of which were determined to be false reports. The implications of classifying a case as an unfounded false report can have extremely negative consequences if the report was legitimate. While some of these cases were thoroughly investigated and evidence supported that a false report occurred, others were deemed false reports with conflicting information. Auditor commentary revealed concern with several of these cases, based on injury to the victim and inconsistencies in recanting statements. Some of these cases could have been investigated further to ascertain additional information concerning the legitimacy of the complaints. Without adequate investigation, cases may be mislabeled as
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false allegations, resulting in further victim traumatization, an uninvestigated suspect, and additional potential victims.
This research demonstrates that some members of the police department hold outdated and misinformed views of sexual assault and require additional training on the realities and complex dynamics of sexual assault. Some respondents believe that women lie about being sexually assaulted, indicating a gap in knowledge of false reporting and a reflection of a common rape myth. Current research shows that sexual assault false reporting is comparable to other major crimes, ranging from between 2-5%. There is substantial risk for bias if the individuals who believe most women lie about sexual assault are involved in active investigative or support roles. A patrol officer, detective, or advocate holding this belief may introduce bias or personal judgment to the case and potentially compromise a successful investigation. Further, many of respondents believe most sexual assault results in moderate to serious physical injury. Current research has established that a small percent of sexual assault victims have moderate to serious injury (Fisher & Lab, 2010; Spohn, White & Tellis, 2014). This gap in knowledge is problematic because law enforcement personnel may be relying on the presence of moderate to serious injury to establish if an assault occurred. If law enforcement officers are expecting injuries in conjunction with a sexual assault report, they may take cases with little or no injury less seriously and/or believe an absence of injury is indicative that no assault occurred. This lack of knowledge could minimize the likelihood of a thorough and successful investigation and help explain such the high rates of documented false reports. The department can bolster its ability to properly manage cases if it targeted training in areas like victim truthfulness and likelihood of additional injury.
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In addition, the research revealed a lack of communication between agencies and jurisdictions. Findings indicate that many cases that may have additional victims that were not thoroughly investigated. Further, there is a need to establish informational reports on suspects even if a case is not pursued so a prior report may contribute to a future case. Allowing victims to report anonymously allows for the development of informational databases on potential suspects. Lastly, the department can improve the way it utilizes available information to strengthen other investigations and work with organizations like schools, medical facilities, and detox centers to comprehensively manage cases and proactively mitigate further assaults.
Findings from the audit surveys reveal the need to more thoroughly pursue suspect and witness interviews, and provide victims the opportunity for a SANE exam and access to victim advocates. These steps all strengthen the case and increase the likelihood of victim participation. Research has shown that victims who are sufficiently supported with a variety of services are more likely to work with the criminal justice system, resulting in more successful case investigation and prosecution (Fisher & Lab, 2010; Lonsway & Archambault, 2012; Murphy et al., 2011; Rich & Seffrin, 2012; Stevens, 2006). The substantial lack of follow-up also creates difficulties in successful case management. Many victims waited weeks or months before being contacted, which minimizes the likelihood that they will participate in a prosecution. In addition, using investigative techniques and social media increase chance of a successful case outcome.
The chi-square statistical analyses identify an inherent bias because internal auditors believe cases are being managed more appropriately than outside auditors. While this is not necessarily surprising, it supports the need for continuous external evaluation to maintain an
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appropriate assessment of performance. Because the internal auditors were active detectives and investigators in the case, the department would benefit from utilizing unbiased individuals who were not involved in the investigation.
The findings identified several additional areas within the investigative process that require improvements if the department is to effectively and appropriately manage sexual assault cases. A substantial number of cases exhibited weakness in the patrol investigation, detective participation, documentation and report writing. Gaps in these areas weaken case management and increase the likelihood of case attrition at all levels of the investigation. Strengthening these components of the investigation allows the department to establish a chain of accountability and improve case outcome and victim services.
Recommendations
Because this police department is dedicated to making improvements in the management of sexual assault cases, several recommendations and policy implications have been developed. Foremost, the establishment of policies and procedures related to sexual assaults is essential to effective sexual assault case management.
In accordance with current best practice, increased sexual assault-specific training for all officers is beneficial to law enforcement. Training may include educating officers on the complex dynamics of sexual assaults, reporting behavior, common misconceptions, and trauma-informed interviewing skills. Officers with an understanding of victim behavior and expected inconsistencies in events and timelines will be better equipped to successfully work with victims, suspects, and witnesses. Proper training on case reporting and subsequent documentation can lead to more accurate case closures and outcomes, as well as increased officer reliability. In addition, training should include definitions and explanations of
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different case closures, dispositions, and sexual assault terms. This approach would ensure that all employees are consistently and appropriately classifying cases.
Sexual assault investigations benefit from a clear and concise set of procedures and protocols for any employees involved in a sexual assault case. The department should consider implementing the IACP Sexual Assault Supplemental Report Form (see Appendix I) or a similar form fulfilling equal criteria. While implementing new data collection methods can initially be cumbersome and difficult, incorporating a supplemental sexual assault form can increase accountability and thorough investigation practices.
Additional training may focus on specific vulnerable and culturally diverse populations within the community, including the Spanish-speaking population, undocumented individuals, Native Americans, those with physical and developmental disabilities, and the elderly. Interactions with the public often require access to interpreter and additional hires of bilingual personnel who may be able to assist with initial case investigation, as well as document translations.
In addition, an expanded or improved reporting system would help meet the need for anonymous reporting and establishing patterns of similar cases within the city and neighboring jurisdictions. For research purposes, implementing a system that accurately captures victim, suspect, and case demographics is beneficial.
Establishing additional lines of communications with community services such as schools, nursing homes, care facilities, and mental health centers would increase the ability for successful collaboration and increase effective investigations. Further, establishing communication with victims can provide valuable insight. Future research may include victim surveys that can be completed anonymously online to provide feedback on their
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experiences. Collaborations among law enforcement and researchers provide numerous benefits when developing this survey tool.
Further, there is a need to establish additional internal and external oversight.
Utilizing outside agencies to routinely review a random sample of cases could help maintain a high level of service to victims and adherence to procedure and protocol. Internal oversight can improve case closures, minimizing the ability of officers to inactivate or unfound cases without a thorough and appropriate investigation. This procedure can also ensure that case investigations are being conducted in a timely manner and victims, witnesses and suspects are not going weeks or months without contact from the department. Internal and external oversight should be used to determine if recommended policies and procedures are appropriate and feasible for the department, and whether they will produce the desired outcome (Maxfield & Babbie, 2011).
Similar research projects based on exploratory case analysis are most successful when recommendations are implemented collaboratively with the department, researchers, community members, and public officials (Braga, Kennedy, Waring & Piehl, 2001; Pawson & Tilley, 1997). This improvement can be accomplished by increasing participation in the county SART program, increased community engagement, and efforts to encourage sexual assault reporting and awareness in the community.
The final recommendation involves commending and making note of officers, detectives, advocates, and crime scene investigators who exemplify best practices in the course of managing sexual assault cases. Throughout the research, it was clear that despite the many weaknesses identified, there are a large number of dedicated professionals conducting thorough and high-quality investigations in this department. Especially as new
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policies and procedures are implemented, it is important to appreciate and reinforce their work in order to more successful sexual assault investigations, set good examples for others, and foster an appropriate culture towards sexual assault within the department.
Limitations
As is the case with all research, this study has several limitations. Due to the complex nature of the data sets, several potential limitations exist in this research. Several internal threats exist including historical, instrumental, and testing validity, as well as selection bias and statistical conclusion validity. Historical validity may have been compromised because, during the time period when the cases were conducted, the department issued mandatory victim advocate call-out for sexual assault cases. Therefore, some of the earlier cases were investigated without victim advocate assistance and others with mandatory victim advocate presence. This change likely resulted in an increase in cases utilizing advocates and improved the weaknesses identified in the qualitative auditor commentary. Further analysis separating case reporting dates could assist in better understanding this phenomenon.
Instrumental validity was undermined because the definition of the term rape was changed in accordance with the FBI Uniform Crime Report definition. The new definition went into effect on January 1, 2013. This definition expanded the types of crimes to constitute rape to include digital and oral penetration, no matter how slight (Federal Bureau of Investigation: Rape, 2013). This change affected the official definitions and classification of many cases in this study. Further, the survey tool asked auditors numerous times to identify case status and closure classifications. Based on high levels of conflicting information, it is apparent that there is confusion about the proper use of various closure and
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disposition terms. A reference with current department definitions (and if they align with federal definitions) would have been helpful for participants and researchers.
Testing validity was likely jeopardized simply by involving internal auditors in the process. Auditors were aware that the county was concerned by sexual assault case closure rates and case investigation, thus it is likely that in the process of auditing the cases, internal employees may have felt pressure to rate case performance higher, especially if they were active participants on the initial case.
Due to the nature of the research, selection bias likely affected the outcome of the auditor responses. Neither the 90 cases audited, nor the participants were selected randomly. The 90 cases represent nearly the entirety of sexual assault cases in the specified timeframe with victims 12 years and over. The 12 auditor participants were selected based on length of experience working in the sexual assault sector of law enforcement and advocacy. Further, all law enforcement auditors had been a sexual assault detective and had supervisory experience. As previously mentioned, internal auditors may introduce a bias in favor of the department. Further, external auditors may introduce a bias either for or against the department. If auditors are specialized in the field of sexual assault case management, they may be more critical of the department than if auditors had been selected at random from a qualified group.
Finally, threats to statistical conclusion validity exist because some variables (physical injury, drug abuse, mental health status, etc.) resulted in low sample size. In depth analysis measuring causation and correlation were not conducted due to low sample size. Nonetheless, these data sets offer a rich opportunity for further study.
Future Research
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There exists the potential for extensive additional analyses of these data. An applied study might examine a cohort of new cases, investigated after any relevant policy implementations have been implemented in the department. The study could analyze differences in the two sets of cases to determine if sexual assault case investigation improved after this current research.
Additional research on the current data is possible, as well. Due to the large amount of qualitative data, additional exploratory analysis could provide supplemental insight into the intricacies of sexual assault investigation in this jurisdiction. On a quantitative level, discrepancies between auditors may be analyzed to explore sexual assault case interpretation by various actors in the criminal justice system, and include participation from individuals from the courts to broaden perspectives.
Due to the sheer quantity of data collected, many statistical analyses were out of the scope of this research. Additional research may analyze numerous variables and utilize regression and correlation to explore potential relationships between variables, and case outcomes, and quality of investigation.
Future research should expand the investigative review to adjust for other jurisdictions. Different jurisdictions will encounter unique barriers to effective sexual assault case investigation and warrant a specific response, yet the method of using secondary data and content analysis, through inductive reasoning, could be replicated. An in-depth examination of sexual assault cases, audit surveys, and analysis of department perceptions of sexual assault could be utilized to identify potential weaknesses in sexual assault investigations.
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REFERENCES
Ahrens, C. (2006). Being silenced: The impact of negative social reactions on the disclosure of rape. American Journal of Community Psychology, 38, 263-274.
Alderden, M. A., & Ullman, S. E. (2012). Gender difference or indifference? Detective
decision making in sexual assault cases. Journal of Interpersonal Violence, 27(1), 3-22. doi: 10.1177/0886260511416465
Beauregard, E., & Bouchard, M. (2010). Cleaning up your act: Forensic awareness as a detection avoidance strategy. Journal of Criminal Justice, 38(6), 1160-1166. doi: 10.1016/j.jcrimjus.2010.09.004
Braga, A., Kennedy, D., Waring, E., & Piehl, A. (2001). Problem-oriented policing and youth violence: An evaluation of Bostons Operation Cease Fire. Journal of Research in Crime and Delinquency, 38(3), 195-225.
Burt, M. R. (1980). Cultural myths and support for rape. Journal of Personality and Social Psychology, 38(2), 217-230.
Campbell, B. A., Menaker, T. A., & King, W. R. (2015). The determination of victim
credibility by adult and juvenile sexual assault investigators. Journal of Criminal Justice, 45(1), 29-39. doi: 10.1016/j.jcrimjus.2014.12.001
Campbell, R., Patterson, D., Bybee, D., & Dworkin, E. R. (2009). Predicting sexual assault prosecution outcomes: The role of medical forensic evidence collected by sexual assault nurse examiners. Criminal Justice and Behavior, 36(1), 712-727.
Campbell, R., & Raja, S. (1999). The secondary victimization of rape victims: Insights from mental health professionals who treat survivors of violence. Violence and Victims,
14, 261-275.
Cordner, G. (2016). The unfortunate demise of police education. Journal of Criminal Justice Education, 27(4), 485-496.
Corrigan, R. (2013). The new trial by ordeal: Rape kits, police practices, and the unintended effects of policy innovation. Law & Social Inquiry, 38(3), 920-949. doi: 10.1111/lsi. 12002
Creswell, J. (2013). Qualitative inquiry and research design: Choosing among five approaches (3rd ed.). Thousand Oaks, CA: Sage Publications.
Fallik, S., & Wells, W. (2015). Testing previously unsubmitted sexual assault kits.
Criminal Justice Policy Review, 26(6), 598-619. doi: 10.1177/0887403414528001
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! POLICE DEPARTMENT MANAGEMENT OF SEXUAL ASSAULT CASES: A RETROSPECTIVE ANALYSIS by KATHERINE JIMMERSON B.A. International Relations, University of Denver, 2009 A thesis submitted to the Faculty of the Graduate School of the Universi ty of Colorado in partial fulfillment of the requirements for the degree of Master of Criminal Justice Criminal Justice Program 2016

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"" 2016 KATHERINE JIMMERSON ALL RIGHTS RESERVED

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""" This thesis for the Master of Criminal Justice degree by Katherine Jimmerson has been approved for the Criminal Justice Program by Mary Dodge Callie Rennison Chair Lucy Dwight December 17, 2016

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"# Jimmerson, Katherine (M.C.J., Criminal Justice) Police Department Management of Sexual Assault Cases: A Retrospective Analysis Thesis directed by Professor Mary Dodge ABSTRACT Law enforcement agencies face complex and sensitive challenges when handling sexual as sault cases. Collaborations among patrol, detectives, and victim advocates crea te a complicated network that often depends on clear communication and attention to detail. T he purpose of t his research is to offer a retrospective analysis of sexual assault cases reviewed and evaluated by police officers, supervisory personnel, crime s cene invest igators, and victim advocates for the purpose of identifying weaknesses in the investigative process and recommending applicable best practices. Case analysis data are aggregated to determine patterns in responses and actions from first respond ers, detectives, crime scene investigators, and victims' services. The research also explores victim and incident demographics; for example, the use of drugs and alcohol, type of harm, and disposition of the case. Additionally, the research examines depa rtment demographics and perceptions on the dynamics of sexual assault and subsequent investigations. Quantitative and qualitative data address the strengths, weakness es, and outcomes of the cases. The results of the study contribute to establishing best p ractices for police departments in investigating sexual assaults and providing victims' services. The form and content of this abstract are approved. I recommend its publication. Approved: Mary Dodge

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# DEDICATION E.H. W. & E.C.

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#" ACKNOWLEDGEMENT S This thesis is the result of the constant support and guidance from Mary Dodge. As my professor, you taught me to analyze issues from diverse perspectives. As my mentor, you have supported me in pursuing thoughtful and critical research. You believed in my abilities to manage this research even when I questioned it myself, and you have instilled in me a determination to continue contributing substantial research in the field of sexual assault Your wit and encouragement have fostered not only the work in this research, but my success in this graduate program as a whole, and my personal growth over the last two years. Sincere gratitude is due to my committee members Callie Rennison and Lucy Dwight. Callie engaged me in quantitative statistics and allo wed me to develop these skills throughout my time at CU Denver. You helped me develop the ability to understand the complex ities of criminal justice research, and you always encouraged me to keep learning. Lucy's input on methodology was invaluable when managing such a daunting data set. Her expertise and advice on such complicated data was a necessary component in advancing this research. I would like to acknowledge the supportive members of the police department, K.M and F.G., who exhibited a genuine willingness to improve sexual assault case management and service s to victims through sound policing methods. Your transparency and support of this project is a significant advancement in the field sexual assault case management. Finally, I must acknowle dge the strong and constant support from my family that made this research possible. IRB number: COMIRB Protocol 16 0857 Submission ID: APP001 2

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#"" TABLE OF CONTENTS CHAPTER I. INTRODUCTION ....1 II. LITERATURE REVIEW 4 Underreporting Sexual Assaults ... 5 Rape Myth ...10 Detrimental Police Behavior 14 Sexual Assault Case Outcomes ... 20 Secondary Traumatization and Investigati ve Effects on Victim s 23 Sexual Assault Investigative Best Practices .. 25 Law Enforcement Best Practices ... .. 25 Academic Improvement s and Policy Implications .. 35 III. METHODOLOGY .. 41 Instruments, Materials, and Measures. .. 41 Internal Department Survey 42 Audit Surveys.. .. 43 Supplemental Case Information.. ... 45 Survey Administration and Data Collection .. .. 46 Internal Department Survey ... 46 Audit Surveys .47 Supplemental Case Information. 49 Analytic Technique ... ... 49 Qualitative 50

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#""" Quantitative ... ............. 50 IV. FINDINGS ... ... 52 Quantitative .. 52 Participants 52 Internal Department Survey ... 52 $%&"'!(%)#*+!,-)'"."/-0'1 53 !!!!!! (%//2*3*0'-2!4-1*!5067)3-'"70 ... 53 Internal Department Survey ..55 Percep tions of Investigations and the Criminal Justice System .. 56 Exploration of Rape Myths and Sexual Assault Reporting 57 Audit Survey Results .. 59 Investigative Process: Patrol (First Responder) .. 61 I nvestigative Process: Detective .61 Evidence Collection and Management: Crime Scene Investigator ..62 Victim Demographics .63 Incident Demographics .. .. 64 Victim Services Process ... 65 Relationship s Among Employment Status and Documented Case Ratings ... .... 66 Qualitative Findings ... ..70 Victim Emotional, Physical and Psy chological Attributes.. 71 Investigation ... 73 Patr ol.. 74 Evid ence. 75

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"8 Investigative T echniques... 75 Additional Victims. 76 Detective Participation .. .. 76 Response and I nvestigation 77 Follow Up Delays.. 77 Documentation 78 Victim Condition .... 79 Victim S ervices 79 Victim Substance Use .. 81 V. DISCUSSION AND CO NCLUSION... .. 82 Recommendations .. 87 Limitations .. ... .. 90 Future Research .. .. ... 92 REF ERENCES .. 94 APPENDICES A. Internal Department Survey ... .. .... 98 B. Evidence Collection and Management: Crime Scene Investigator Survey... 100 C. Investigative Process: Patrol (First Responder) Survey ... .. 103 D. Investigative Process: Detective Survey ... 106 E. Victim Demographics S urvey.... 110 F. Suspect Demographics Survey.. 113 G. Incident Demographics Survey . 115 H. Victim Services Process Survey... 118

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8 I. IACP Supplemental Sexual Assault Report Form..... 122

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8" LIST OF TABLES TABLE S 1. Victim and Suspect Demographics from Supplemental Case Information .. 54 2. Participant Demographics and Characteristics 55 3. Important Components of Reporting Sexual Assault ... 59 4. Incident Demographics Survey Case Disposition s .. 65 5. Patrol Report Quality and Employment Status .. 68

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8"" LIST OF FIGURE S FIG URE S 3.1 Illustration of Da ta Sets.42 3.2 Research Tim eline.46 4.1. Ability to Effectively and Appropriately Investig ate Sexual Assaults.. .. .56 4.2. Perceptions of Rape Myths ..58 4.3. Rati ng Distribution Among Auditors i n Investigative Process: Detective ... 69 4.4. Percentage of Cases Exhibiting Specific Weaknesses .. 71

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! 9 CHAPTER I INTRODUCTION In May 2015 a mid sized police department in a Wester n state began researching practices and policies to explore sexual assault cases reported from March 2012 to October 2014. This project was undertaken i n order to achieve a comprehensive picture of how sexual assaults were managed in the jurisdiction. The department established eight audit teams to review 90 sexual assault cases. The evaluation was initiated by the department to determine the level of service provided to victims of sexual assaul t in order to enhance the agency's ability to make improvemen t and build on strengths from initial investigations to case closure. The department discovered the scope of the research exceeded internal resources and requested assistance from outside experts to accomplish their goals of conducting a thorough assessmen t of sexual assault case management. Given this, the current research offers a retrospective analysis of sexual assault cases for the purpose of identifying weaknesses in case management and developing and implementing best practice recommendations. T he c urrent research was undertaken to provide a comprehensive analysis of secondary data. The research applies a mixed methods approach using quantitative and qualitative data from three data sets to retrospectively explore the management of sexual assault ca ses. The exploratory nature of this study examines the management of reported sexual assault cases including first responders, detectives, crime scene investigators and victim advocates. The goal of the research was to assist in identifying effective ap proaches and best practices in case investigations. The research identifies practices, weaknesses, and outcomes in case management at multiple levels of the investigation.

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! : Specifically, the research explores central aspects of what may or may not occur af ter a sexual assault is reported to police. The study examines early stages of case investigation, including patrol contact and evidence collection. Subsequent analyses include investigation, detective participation and follow up, crime scene investigatio n, investigative techniques, and victim services. Finally, the research evaluates subsequent elements including case outcome, case inactivation, and overall case quality to determine areas that may lack effective means of managing sexual assault cases in an appropriate manner. This research is an important contribution to the growing body of literature on law enforcement sexual assault investigations. The findings suggest ways to improve case outcome and improve experience for departmental personnel and v ictims. The results contribute to establishing best practices across the law enforcement spectrum using a research driven policy approach. Chapter 2 includes a review of the current literature surrounding sexual assault case investigation. This section provides historical background and a current framework for determining best practices in sexual assault case management. Included are discussions on the prevalence of underreporting sexual assault and the pervasiveness of rape myth subscription in communi ties and law enforcement. Further, it describes police behavior that negatively impacts investigations and corresponding case outcomes. Finally, the literature review examines how the criminal justice process affects victims, and outlines current best pr actices and policy recommendations posited by experts in the field. Chapter 3 describes the mixed methodology utilized to conduct the research. Chapter 4 discusses the findings of the research. Chapter 5 presents the research findings and limitation in the context of current law enforcement practices and offers policy

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! ; recommendations and opportunities for future research.

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! < CHAPTER II LITERATURE REVIEW In order to accomplish the goals of this research, this section reviews relevant literature. It beg ins by providing mainstay information on underreporting, followed by research on rape myths. Next, the review focuses law enforcement activity that negatively affects the victim and case outcomes. The review concludes with current best practices and reco mmendations from both the criminal justice and academic sectors. The management of sexual assault cases by police departments is a complex and multi dimensional issue with numerous challenges and limitations. Many troublesome issues arise from low reporti ng rates, police and community acceptance of rape myths, detrimental police behavior, and poor case outcomes. Additionally, negative effects on victims related to reporting and investigation, contribute to the difficulty of developing and implementing bes t practices within a department, and the criminal justice system as a whole Ext ant literature explores the impact these variables have on the ability of police departments to respond to sexual assault and deliver justice to both perpetrator and victim. Current literature provides valuable insight into how police departments can improve their sexual assault case management These approaches include evaluating department culture and victim treatment, relying more on thorough evidence based investigation and implementing specialized training procedures. Overall research on sexual assault case management highlights the need for meaningful reform within American police departments (Lonsway & Archambault, 2012).

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! = Underreporting Sexual Assault Rape and sex ual assault are the least likely violent crimes to be reported to the police and low reporting rates are a preliminary obstacle to effective sexual assault case management (Murphy, Banyard, Maynard & Dufres ne, 2011). Lack of reporting often is attribute d to a victim's negative perception of law enforcement or th e fear of not being believed and taken seriously (Langton, Berzofsky, Krebs, & Smiley McDonald, 2012) Many victims are hesitant to report assaults if the offender is a partner or family member and some fail to accept or realize that a sexual assault has occurred. Often victims believe the criminal justice system does not have their best interest in mind and others wish to refrain from participation in a lengthy and stressful prosecution (Fishe r & Lab, 2010; Murphy et al., 2011; Responding to Sexual Assault, 2006; Rich & Seffrin, 2012 ; Stevens, 2006 ). Research shows the vast majority of sexual assault victims, as many as 66% 84%, fail to report the crimes to police because of feelings of shame, guilt, social isolation, powerlessness or embarrassment (Ahrens, 2006; Fisher & Lab, 2010; Lonsway & Archambault, 2012; Rich & Seffrin, 2012; Stevens, 2006). The National Violence Against Women Survey revealed 18% of women and 3% of men over the age of 1 8 have experienced rape, yet only 19% of those women and 13% of the men reported it to authorities. The majority of victims were assaulted by a current or former intimate partner and 20% of the female and 38% of the male victims were under the influence o f alcohol or drugs at the time of the assault which may influence reporting (Fisher & Lab 2010). While partner assaults made up the majority of attacks, rape is most likely to be reported if the attacker is a stranger ( Fisher &Lab, 2010 ; Heath Lynch, F ritch, & Wong, 2013 ). One common trend found in sex assault reporting is the presence, or lack thereof, of

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! > serious bodily injury in addition to the sexual violence When a vict im suffers physical injury they are not only much more likely to report the cr ime, but subsequent rate s of arrest and prosecution increase as well (Fisher & Lab, 2010). Sexual assault cases reveal a jus tice gap" in which, despite low numbers of reporting, there is a disproportionately small percentage of reported cases resulting in prosec utions and convictions (Murphy et al., 2011). Efforts to increase reporting should focus on providing an effective way to deliver reliable and effective services to minority, disabled, and non English speaking victims. Additional resources also a re needed to further stud y and understand why victims decide not to come forward to report sexual assault, and more closely examine police officer response to rape reporters (Responding to Sexual Assault, 2006; Rich & Seffrin, 2012). Spohn and Tellis ( 201 4 ) discovered that many victims experience difficulty when reporting and are sometimes pressured to leave without making a report, or claim the report fails to accurately reflect what they told the officer. From in depth qualitative research, Spohn and Te llis describe this as result of poor officer training and inexperience. Research shows that minority women, particularly Hispanics and blacks are more at risk of sexual as sault than Caucasian women, receive less sympathy, and are less likely to report as saults to the police ( Fisher &Lab, 2010; Heath, Lynch, Fritch & Wong, 2013). Victims report higher levels of positive police treatment when both victim and suspect conform to gender norms, when the attacker is a stranger, and when a weapon is brandished T hese circumstances however, make up a small percentage of sexual assault cases (Rich & Seffrin, 2012). When police report documentation is incomplete or of poor quality there are reverberations throughout the remainder of the process as cases move throu gh the criminal

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! ? justice system. Research shows victim s may recant in order to end an interview where the officers are disbelieving or intimidating. These types of reactions also may result in resistance to undergo sexual assault testing. Additionally, p oor documentation often leaves the district attorney with a lack of sufficient evidence and an inability to file charges ( Spohn & Tellis, 2014). Victims may experience negative reactions from the criminal justice system and from within the community. Betw een 25% 75% of survivors reported experiencing negative social reactions from within their informal support network; including friends, family, a nd community service providers ( Ahrens, 2006; Rich & Seffin, 2012 ). These negative reactions include not belie ving the victim minimizing the crime, encouraging the victim to stay quiet, and determining the severity of the assault based on traditional gender roles and behavior (Page, 2008). Victims who fail to represent the "stereotypical" sexual assault scenario are met with negative reactions when reporting. In a study of sexual assault victims, Ahrens (2006), detailed four distinct types of negative react ions experienced when reporting: victim blaming, insensitivity, misplaced support, and inappropriate or unhe lpful reactions. The victims reported negative treatment from legal, medical, religious and police professionals, and all reported some degree of victim blaming. A high percentage of victims experienced service providers who were unable or unwilling to o ffer assistance. Victims reported that such experiences discouraged them from seeking further help, and led to feelings of helplessness and self blame. Wh en victims do come forward, certain circumstances result in low arrest rates, as well as low rates of filing charges against perpetrators. A study in Boston revealed that, of

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! @ reported sex assaults, only 32% resulted in an arrest and only 5% resulted in a conviction (Stevens, 2006). While low, the arrest rate in Boston is higher than the national average of 29% (Stevens, 2006). Overall, 50% 75% of reported sexual assault cases are filtered out of the legal system (Kinney, 2007). Lonsway and Archambault (2012) posit that few sex assault cases are formally documented, and of those that are, many are deeme d unfounded, false, or baseless. Few cases are referred to a prosecutor for formal filing, and an unwilling or absent victim can result in many cases being closed regardless of the evidentiary status. Further investigation is important to determine at wh at point in the investigation or legal pr ocess these cases are dismissed and why (Responding to Sexual Assault, 2006 ; Spohn & Tellis, 2014 ). Often misconceptions within law enforcement and legal circles can lead to cases being closed inappropriately. Ald erden and Ullman (2012) explain that many police officers interpret physical signs of resistance and willingness to submit a rape kit as indicators of an actual assault, while those victims who do not present visible injuries or are hesitant to consent to an exam are viewed skeptically. Their study revealed several factors that contributed to arrest rates. These include officer gender, the presence of a witness, victim resistance during the attack, rape kit refusal, and victim character istics. These facto rs create room for error because most sex assaults occur in private, therefore lacking witnesses, and victims often fail to fight back out of fear. Many victims are unwilling to submit to a sexual assault exam because of the subsequent trauma they experie nce. Victim character often is established by behavior and any indication of intoxication, which further complicates the situation because many survivors are traumatized and an untrain ed officer may misinterpret their behavior as erratic and suspicious Trauma often results in the inability to accurately

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! A recall details and an intoxicated victim may have little or no memory of the assault (Spohn & Tellis, 2014). As mentioned earlier, s ome victims are under the influence at the time of their assault, and d ismissing cases based on a lack of sobriety would disproportionately overlook many legitimate assaults. Because police have discretion regarding which cases should be pursued, cases must be approach ed in an unbiased manner and law enforcement must underst and the risks associated with failing to pursue a case due to these extra legal factors (Page, 2007). Advocating for increasing prosecution rates must be done in a way that is manageable for victims. Evaluating different models of prosecution that are prac tical and effective can minimize additional trauma on the victim, reduce recidivism rates among offenders, and stay within financial limitations of the prosecuting jurisdiction. Police officers and legal personnel need to be aware of the realities and dif ferent types of sex assault, as well as the difficulties victims face during the prosecution p rocess (Responding to Sexual Assault, 2006). Likewise, victims need to have a realistic and clear description of what the legal process will entail. Difficultie s in lengthy trials, cross examination, and obstacles proving sexual assault in a court of law should be made clear early on in the process. Victim advocates are useful during this p rocess. Utilizing advocates may provide support for the victim and allow the police and district attorney more time to focus on the investigation and prosecution (Spohn & Tellis, 2014). P olice and legal professionals need to understand the realities of sex assault reporting rates, including false reporting. Police officers tend to overestimate the number of false sex assault reports C ontrary to common belief, false reports of sex assault occur at 2% 8% roughl y the same rate as other crimes (Page, 2007; Rich & Seffrin, 2012; Spohn, White &

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! 9B Tellis, 2014). A 2007 study re vealed that 10% of police officers believed that between 51% 100% of victims lie about being raped and over half the surveyed officers believed that 11% 50% of victims lie about sexual assault (Page, 2007). Spohn, White and Tellis (2014) explain ed that, in order for a report to be considered a false allegation, an investigation must occur and evidence must support that an assault did not occur. A report closed as unfounded means there is in adequate evidence to support the claim, but it does not mean an as sault did not occur or the claim was falsified. A n unfounded report is different than a false report. Research shows that officers with specialized sexual assault training are more likely to interpret various victim behaviors like delayed reporting, inco nsistent timelines, and emotional distress, as the result of trauma and not signs of false reporting (Spohn & Tellis, 2014). The reliance on false stereotypes and misinformation surrounding sexual assault, victims, and suspec ts, inhibits successful sex a ssault investigation Officer s' belief in and reliance on rape myths during an investigation is detrimental to the case, the victim, potential future victims, and department as a whole Rape Myth Historically and even as America struggles to address gen der equality, stereotypical gender norms and widespread misinformation have resulted in the development and dispersion of rape myths, which often result in the acceptance and justification of sexual aggression sexual stereotyping, and the perpetuation of interpersonal violence ( Burt, 1980; Fisher & Lab, 2010). Rape myths perpetuate the inaccurate definition of "classic rape" and a "real" victim. They encourage t he shaming and disbelief of "illegitimate" victims based on inaccurate assumptions of responsi bility. These rape myths have a negative effect on a

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! 99 department's ability to conduct thorough investigations and may cause extensive damage to the victim. The vast majority of sexual assault victims know their attacker, some are under the influence of al cohol, many fail to report immediately, and a high number may have made choices that officers interpret as encouraging assault. These cases, individually or collectively, do not lessen the severity of an assault and should not minimize their importance. R ape myths define a victim in a specific way that, in reality, makes up a small percentage of sexual assault cases, yet many police officers rely on these misconceptions to make decisions that determine a case's outcome or even status as a crime (Rich & Se ffrin, 2012 ; Spohn & Tellis, 2014 ). It is commonly, though incorrectly believed that rape is a rare occurrence, and often t h e victim is partially blame d for the assault. These situations occur for a number of reasons ranging from "she wanted it" to sh e deserved it based on dress, behavior, or intoxication. In addition, many people believe that sexual assault by a spouse is not rape men cannot be raped, or that only certain types of more deserving individuals are sexually assaulted. Rape myth s often include the notion that the attack er is a stranger using a weapon and that the victim is physically harmed and fi ghts back against the attacker (Heath, Lynch, Fritch & Wong, 2013; Lonsway & Archambault, 2012; Rich & Seffrin, 2012 ; Sleath & Bull, 2012 ). Unfortunately, relying on these stereotypes and my ths excludes the vast majority of rape and sexual assault cases. In fact, between 75% 90% of victims know their attacker in some capacity, and 70% of rape victims are not injured in the attack. Of those wh o are, only 4% sustain serious physical injuries and most attackers do not use a weapon (Fisher & Lab, 2010 ; Heath et al., 2013).

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! 9: Cases that conform to "classic rape" myth s tend to be taken more s eriously by police departments. V ictims are perceived as m ore credible and reliable, and arrests and prosecutions are more likely (Lonsway & Archambault, 2012; Page, 2008). Fisher and Lab (2010) explain ed that "powerful stereotypes can have a profound impact on perceptions of rape and treatment of victims and o ffenders both within and outside the criminal justice system" (p.746). Research shows that police officers subscribe to rape myths more than the general public or individuals in other professions, and sometimes endorse rape myths on the job. Use of rape myths vary among officers and differ based on training, education level and years of experience (Page, 2008; Rich & Seffrin, 2012 ; Sleath & Bull, 2012 ). Some officers believe that classic rape scenarios are more real' and damaging than other types of s exual assault and tend to blame the victim more in cases with a known perpetrator, victim intoxication, or when the vi ctim is acting "inappropriately" through provocative dress or behavior (Heath et al., 2013). Perpetuating or operating on inaccurate a ssumptions of rape myths can exacerbate trauma endured by the victim, lead to victim shaming, disbelief and encouraging victims to recant. Rape myths may also lead a victim to believe that no real crime occurred. Current research shows that when officers minimize a sexual assault, victims experience a greater sense of victimization, increased levels of depression and anxiety, lower levels of self worth, and use more harmful coping techniques like alcohol and drug use (Fisher & Lab, 2010; Rich & Seffrin, 20 12 ). The National College Women Sexual Victimization survey showed that over 50% of victims surveyed did not believe they were victimized when their assault met the legal definition of rape (Fisher & Lab, 2010; Koss, Gidycz, & Wisniewski, 1987).

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! 9; When a rape accusation is made, the victim often encounters skepticism, disbelief, minimiza tion of the trauma, or pressure to keep quiet. These reactions can diminish the likelihood of participating in a sexual assault exam or cooperating with an investigation, o ften creating more doubt on the part of the officers (Corrigan, 2013; Fisher & Lab, 2010; Kinney, 2007). Because officers often are the first individuals to interact with a victim after an assault, the nature of the initial interaction is significant in e stablishing a successful investigation and gaining victim trust and cooperation ( IACP, 2015; Page, 2008 ). Further, Lonsway and Archambault (2013, p.82) note that victims who receive positive, supportive reactions from formal and informal support systems s uch as family and friends "give more detailed statements to law enforcement, remember more information, and can otherwise engage more fully with the investigation." In recent decades, scholars have asserted that female officers are better prepared to handl e sexual assault cases because they, on average, are more compassionate and understanding. Research on this topic has been mixed, with some studies showing that while male and female officers generally respond similarly, the latter may actually be more ho stile to sexual assault victims and place more responsibility on the victim. While some victims may request a female officer, they are not necessarily better equipped to manage such cases ( Lonsway & Archambault, 2012 ; Rich & Seffrin, 2012). A 2012 study of 429 police officers at a voluntary training program, however, showed that female officers had better knowledge of interview techniques (KIT), lower rape myth acceptance, and higher participation in sexual assault education (Rich & Seffrin, 2012). Curr ent research highlights the impact that accepting rape myths has on an officer's ability to conduct an unbiased investigation. Individuals who subscribe to rape myths,

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! 9< whether victims, law enforcement or service providers are less likely to acknowledge a crime has occurred, file an official report, and make an arrest. Belief in rape myths often limits the likelihood of a follow up investigation, thereby making a conviction nearly impossible (Fisher & Lab, 2010). Among surveyed officers, those with highe r rape myth acceptance had lower KIT scores, and a belief in rape myths was the single most influential factor in determining these scores (Rich & Seffrin, 2012). Additio nal research found that officer s rape myth acceptance was a significant predictor in victim blaming. The use of rape myth to dictate official duties, whether intentional or not, has the potential to affect both the treatment of the victim and the validity of the investigation (Sleath & Bull, 2012). Detrimental Police Behavior In additio n to subscribing to rape myth, which perpetuates underreporting, poor investigations and lower arrest and prosecution rates there are other police behaviors and actions that hinder successful management of sexual assault cases (Fisher & Lab, 2010). Becaus e the state and not individual victims file cases, the primary concern of a department often is to solve the case as quickly and efficiently as possible. Wentz and Archbold (2012) noted how victims are often a secondary focus: "In pursuit of clearing or c losing cases, police officers may not have a full understanding of the impact that rape has on victims" (p.41). Often, victim needs are overlooked and they become unwilling to continue participating in the investigation and prosecution. Despite attempted reforms in recent decades, police departments are frequently criticized for failing to improve attitudes toward and treatment of sexual assault survivors (Ahrens, 2006; Corrigan, 2013; Jordan, 2008). Currently, law enforcement and courts place a strong re liance on the testimony and cooperation of witnesses and victims, and less emphasis on obtaining and properly

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! 9= processing evidence at the scene (Responding to Sexual Assault, 2006). Training specific to sexual assault can assist officers in proper evidence collection yet many departments remain plagued by months long waits for evidence analysis (Spohn & Tellis, 2014). In addition, departments often rely on forensic evidence and sometimes pressure the victim to submit to a sexual assault exam without proper ly explaining procedure or taking into account the trauma the victim has suffered (Corrigan, 2013). A 2006 study of the Boston Police Department found that both sexual assault training and supervisory styles determined the likelihood that the first respon ding officer would adequately secure a sex assault crime scene and properly process evidence (Stevens, 2006). Like police officers, inadequately trained medical professionals and other service providers focus on achieving specific goals and often overlook the needs of the victim. Without providing the victim with the proper tools, confidence, and sense of security, they are less likely to cooperate with, and successfully participate in, an investigation. In addition, there is often conflict between police officers, medical examiners, and advocates, which reduces the likelihood of a successful, cooperative investigation (Ahrens, 2006; Jordan, 2008). Without victim participation, police officers often close a case without presenting it to the district attorn ey for prosecution. Once an arrest has been made and the case is accepted for prosecution, rates of incarceration are as high as 95%, but the vast majority of case attrition' occurs prior to prosecution, often reinforcing officers desire to only pursue t he strongest cases. Overall, only 7% 27% of reported cases result in charges filed and over half of all reported cases do not result in presentation to the district attorney or even formal reports ( Lonsway & Archambault, 2012 ; Murphy et al., 2011). When determining the

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! 9> strength of a case, and therefore its eligibility for prosecution, officers generally consider factors such as victim injury, blameworthiness, and dangerousness of the offender. Considering the rarity of serious injury in addition to the s exual assault, regularity of victim intoxication, likelihood for trauma related behavior, and frequency of a known attacker, there is a diminished chance officers will view these cases as good candidates for prosecution, and may fail to pursue them as rigo rously (Spohn, White, & Tellis, 2014). Officers also are hindered by the unwillingness of district attorneys to file charges. A study of the Los Angeles Police Department found that if a victim recanted, despite strong physical evidence, the officer woul d send the case to the district attorney knowing that it would be rejected for prosecution (Spohn, White, & Tellis, 2014). The benefit of this approach is even without formal charges, documentation of the incident can be connected if offenders commit othe r related offenses (Spohn & Tellis, 2014). Although, this practice tends to use up scarce resources and put additional stress on the victim, both by pursuing the case and subsequently failing to pursue the case in court. In addition to the difficulties of inter agency cooperation and the lack of prosecution by the district attorney, larger police department norms and culture influence how cases are managed. Departments vary widely in how they are managed and supervised, which subsequently affects how sexu al assault investigations are conducted (Rich & Seffrin, 2012). How a particular officer oversees a case often is a reflection of their supervisor and fellow officers. Wentz and Archbold (2012) noted that "police officers adopt group norms by conforming to attitudes and behaviors of more experienced officers in pursuit of approval" (p.40). Spohn, White, and Tellis (2014) further acknowledged: "The handling of the case always reflects the social characteristics of those involved in it" (p. 168). Extant r esearch has

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! 9? shown the difficulty in changing police department culture, as well as the reluctance encountered when adopting new policies and procedures. Additional studies have highlighted the difficulties associated with studying and evaluating these cha nges in police departments (Jordan, 2008; Page, 2007 ). Current studies on sexual assault corroborate that a significant barrier to victim cooperation results from misunderstanding on the part of police officers that often interpret a victim's fear and trau ma responses as lying. Without sufficient training, officers fail to comprehend why a victim would resist a medical exam, refuse to testify, or act inconsistently and erratically during interviews. Policing is a male dominated profession, and a culture o ften exists in which emotional detachment is encouraged and goals focus exclusively on apprehending criminals. Victim interviews often employ rapid fire questioning that can feel intimidating and cold. In these scenarios, and often without the presence o f a victim advocate, sex assault survivors may experience secondary trauma (Ahrens, 2006; Rich & Seffrin, 2012). Officers should ameliorate their techniques of communicating with victims for the sake of obtaining physical evidence, such as a sexual assaul t nurse exam (SANE). This evidence, as well as thorough victim testimony, is extremely valuable for prosecution. Research shows the use of a SANE exam in evidence or testimony resulted in a 95% 100% prosecution rate (Stevens, 2006). Procuring such evide nce serves to bolster an investigation and helps overcome traditional stereotypes concerning gender and race (Campbell et al., 2009). Post assault victim behavior is a frequent point of confusion, misunderstanding, and false assumptions by police officers. Numerous studies show severe short and long term psychological and behavioral consequences of sexual victimization. These include fear,

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! 9@ anxiety, shame, shock, social withdraw, lack of emotion, post traumatic stress disorder (PTSD), depression, eating an d sleep disorders, sexual dysfunction, self mutilation, and substance abuse (Fisher & Lab, 2010; Page, 2008). Properly training officers to recognize and interact appropriately with victims experiencing these types of symptoms is essential to ensure quali ty investigations. A 2012 study revealed that those police officers that subscribed to rape myths were unable to correctly interpret a victim's emotional state and motives (Rich & Saffron 2012). Providing the victim with counseling, services, and thorou ghly explaining complicated medical procedures (like a four hour, 19 step sexual assault exam) allow the victim to make a more educated decision about how to proceed and reduce the chances they will change their mind later in the investigation (Responding to Sexual Assault, 2006; Stevens, 2006). When a victim experiences shame, disbelief, or minimization of the trauma from first responders they often withdraw and fail to cooperate. During the critical first point of contact, the course of the investigation, and subsequent well being of the victim, can be compromised by a negative interaction (Jordan, 2008; Kinney, 2007). Gaining victim trust and participation is important not only for prosecutorial purposes, but has also been shown to be beneficial for the victim, often curtailing depression and anxiety (Rich & Seffrin, 2012). Initiating successful victim involvement has the potential to greatly improve criminal justice case outcomes (Fallik, 2015). Police departments, in order to be more effective, need to focus on the prevalence of victim blaming in sexual assault cases. Extant literature explains how police frequently attribute a certain amount of blame to victims, particularly those who are minorities, assaulted by an acquaintance or intimate partner, i ntoxicated, transient, dressed

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! 9A provocatively, have prior sexual histories, or fail to conform to traditional gender roles (Fisher & Lab, 2010; Jordan, 2008; Sleath & Bull, 2012). The theory of Critical Victimology posits that not all victims receive equal treatment, and that women who experience sexual assault are systematically overlooked and their struggles minimized. "While some politicians in Western nations repeatedly point out human rights violations in totalitarian countries, they simultaneously hi de or ignore the victimization of women in their own so called democratic societies" (Fisher & Lab, 2010, p. 244). Victim blaming calls into question the culpability of the survivor and analyzes whether their actions could have prevented or instigated the assault. While openly sexist ideology is less present than in previous decades, "subtle sexism" is potentially more damaging because it is more hidden and the denial of such discrimination inhibits the ability to curtail this perspective (Page, 2008). I n some ways, it enables the patterns of power inequality in the way it excuses behavior by attackers who "didn't mean it," or when the victim secretly "wanted it" (Sleath & Bull, 2012). This phenomenon occurs most often when the victim and perpetrator know each other in some capacity, which unfortunately make up the majority of sex assaults and therefore leave a significant percentage of cases open to this type of victim blaming (Sleath & Bull, 2012). One way officers can ameliorate their interactions with victims is by improving interviewing skills and tailoring these interactions to the needs of the victim, while still accomplishing necessary objectives of the job. Police can improve interviews by employing a respectful demeanor, allowing the victim to gu ide the conversation, respecting victim privacy, and clearly documenting the victim's emotional state. Allowing the victim to make small decisions such as time and location of interview, and even being mindful of where and

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! :B how individuals are sitting, can give victims back some small sense of control (Spohn & Tellis, 2014). These efforts minimize the likelihood of re traumatization and allow the department the best chance of successfully managing the case (Rich & Seffrin, 2012). Research by Rich and Seffr in (2012) has endorsed the notion that higher ranked, more educated and more senior officers are better at interviewing victims and are more likely to participate in training opportunities. In addition, they found a significant relationship between accept ing rape myths and poor interviewing skills. Likewise, participating in additional sexual assault training significantly increased an officer's interviewing skills. All these behavioral patterns that limit successful investigations have a tangible effect on case outcome, often interfering with a successful criminal justice process. There are many factors that either encourage or minimize the likelihood of a successful case outcome. Sexual Assault Case Outcomes Sexual assault investigations can either clo se or become inactive. When a case is inactive it is still technically open, but lacks enough information to move forward. New evidence information, or victim participation is often needed to close an inactive case. In contrast, when a case is closed, the investigation has concluded and is categorized in many ways depending on the investigative process. Some options for case closure can be when a suspect is arrested and the case is forwarded to the district a ttorney for filing decision, or if a case is determined to be baseless, or a false report. Case outcomes are determined by a variety of factors including police reliance on extra legal factors, completion of medical exams, dependence on physical evidence, the practice of "unfounding" a case, and w hether or not a case is accepted by the district attorney. Research has established a relationship between case dismissal and officer's

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! :9 personal beliefs about a victim, regardless of evidentiary support. These personal beliefs affect decision making in t he investigative process and greatly affect case outcome (Campbell, Menaker, & King, 2015; Campbell et al., 2009; Rich & Seffrin, 2012). Campbell, Menaker and King (2015) described how extra legal factors including victim credibility, victim criminal hist ory, and the degree of intimacy between victim and offender affect case outcomes. In addition, cases are less likely to be prosecuted when the victim is under the influence of alcohol or drugs. This situation is troubling because sometimes the offender i nitiates an assault because the victim is intoxicated and in a compromised state. Additional casework has established that some offenders intentionally drug a victim, with or without their knowledge, to facilitate an attack (Campbell et al., 2009; Fisher & Lab, 2010; Spohn & Tellis, 2014). Often, cases are dismissed due to the "lack of a credible victim." Officers should be cautions in making this determination because of the previously discussed behaviors victims exhibit that may make them seem unreli able. Stevens (2006) found that 75% of cases that did not result in an arrest were due to the lack of a credible victim and evidence. Without sufficient physical evidence, officers rely on the perceived credibility of the victim. Physical evidence is la cking in many sexual assault cases because often there is no physical injury beyond the sexual assault and offenders may clean the scene or take care not to leave DNA (Beauregard & Bouchard, 2010; Campbell, Menaker, & King, 2015). In some cases, the victim s were unable to consent due to intoxication, unconsciousness, mental impairment, or age. In addition, there is often a he said/she said scenario when one individual claims it was involuntary and the other claims there was consent (Spohn & Tellis, 2014). These scenarios

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! :: when a victim is unable to accurately recall the situation requires extra investigative work (Stevens, 2006). A reliance on extra legal factors and insufficient training may result in cases that are closed as unfounded when there is a n eed for further investigation. Legal proceedings are more likely in cases that are reported directly after the assault, have a female victim over the age of 11, the offender can be identified by the victim, and when an aggravating factor like use of a wea pon is employed (Kelley & Campbell, 2013; Spohn, White, & Tellis, 2014). Victims' anxiety related responses often are misinterpreted as lying and many cases are closed erroneously (Rich & Seffrin, 2012). The reliance on these factors to close a case is i nappropriate, as the Uniform Crime Report states a case can be unfounded only through a thorough and completed police investigation, and not due to victim resistance, unwillingness to press charges, or the inability to make an arrest. Research in Los Ang eles found clear evidence that sex assault cases were often unfounded when additional investigative work could have been completed, and the case failed to meet the requirements for being baseless or false (Spohn, White, & Tellis, 2014). These cases presen ted with additional evidence to process, intoxicated victims, witnesses who were never interviewed, a victim who could not be located, or a victim that did not want to press charges. In addition, this study revealed a significant relationship between case dismissal and mental illness, victim character, and victim injury. Cases in which victims recanted, despite the presence of evidence that suggested a crime occurred, resulted in higher rates of case dismissal. Of the unfounded cases examined, 25% were d etermined to be legitimate reports with additional ambiguous evidence that required further investigation (Spohn, White, & Tellis, 2014).

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! :; In most instances, sexual assault cases accepted by the DA have high prosecution and incarceration rates. Arrest r ates, while important to police departments, accomplish little if they are not accompanied by a meaningful investigation capable of delivering justice ( Lonsway & Archambault, 2012 ). Successfully prosecuted cases generally have a suspect interviewed by pol ice, a forensic medical exam from the victim, and a more thorough investigative period by police (Kelley & Campbell, 2013). In a Massachusetts study, researchers found that 98% of cases prosecuted resulted in a guilty verdict and a 2004 study revealed tha t 54% of prosecuted rape cases resulted in a felony conviction ( Lonsway & Archambault, 2012 ; Stevens, 2006). The failure to thoroughly investigate and prosecute sexual assault cases has coincided with a troubling trend in recent decades: the number of rep orted sexual assaults has increased yet the number of prosecutions has remained the same, unable to maintain prior incarceration rates ( Lonsway & Archambault, 2012 ). Often, the initial assault combined with a strained relationship with law enforcement and the courts has a negative and traumatizing effect on the victim. Secondary Traumatization and Investigative Effects on Victims Victims experience a variety of potentially negative scenarios by law enforcement and service providers. From initial contact, interviews, medical exams, and court proceedings, victims are often left feeling disempowered, afraid and unwilling to participate in the process, greatly jeopardizing an investigation and subsequent prosecution (Murphy et al., 2011). The primary intera ction between law enforcement and a victim has the ability to either reduce or exacerbate the distress and recovery process, and can influence a victim's opinion of the entire criminal justice system. When law enforcement or other responding

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! :< professionals act in a sympathetic manner and validate the seriousness of the situation, the victim will be more likely to feel it is a safe place to speak honestly about the incident. This "psychological first aid" is a necessary step to ensure a successful investiga tion (Fisher & Lab, 2010; Murphy et al., 2011). Research illustrates how the typical trauma survivor has a strong need to be believed, validated, and reassured by the criminal justice system (Jordan, 2008). Without successful interactions with law enforce ment and service providers, victims often endure secondary victimization resulting from "negative experiences stemming from exposure to an errant criminal justice system" (Fisher & Lab, 2010, p. 324; see also Kinney, 2007). The act of reporting, discussin g and questioning about an assault can cause the victim great anxiety, stress and embarrassment. Kaukinen and DeMaris (2009) describe how "it is crucial that social service providers and the police recognize that the actions taken in dealing with victims and processing offenders may in some ways exacerbate the trauma of rape among some victims" (p. 1350). Because roughly 88% of police officers nationwide are male and most reporting victims are female, the dynamics of an investigation can exhibit prejudice and sexism. Officers benefit from being adequately trained in understanding and responding to sexual assault trauma (Fisher & Lab, 2010; Uniform Crime Report, 2013). Experiencing a negative interaction with law enforcement can compound the effects of vi ctimization. Fisher and Lab discovered that between 31% 65% of sexual assault victims develop PTSD, and 38% 43% experience major depression. Fear and pressure from law enforcement can result in the victim recanting their statement even if an assault occu rred. An LAPD study found strong evidence that victims recanted due to pressure from family, the police, or because they did not want to participate in prosecution. In some cases, officers and

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! := investigators even admitted to using techniques to pressure t he victim to recant (Spohn, White, & Tellis, 2014). If officers dismiss cases because victims recant, there is a higher likelihood that an offender will escape arrest and prosecution, and potentially continue to victimize others. When examining current t rends in sexual assault cases, underreporting, acceptance of rape myths, detrimental police behaviors, negative case outcomes, and damaging effects on victims highlight a need for comprehensive reform and policy change. Sexual Assault Investigative Best Practices The current research identified a dearth of best practices and meaningful policy and procedure. One goal of the research is to identify relevant best practices and policy recommendations for the jurisdiction. This section of the literature revi ew discusses current best practices identified from specialists within the law enforcement field. In addition, this section explores recommendations from the academic sector, using evidence based research to promote positive change in departments through improvements and policy recommendations. Law Enforcemen t Best Practices Current literature regarding sexual assault case investigations is substantial. In recent years, best practices have been established by reputable agencies such as the International A ssociation of Chiefs of Police (IACP) and the Police Executive Research Forum (PERF). Accreditation programs now exist to ensure a department has committed to establishing and implementing best practices in sexual assault investigations (Commission on Acc reditation for Law Enforcement Agencies, Inc.). As increased attention is given to the policies and procedures of investigating these cases, a rich body of resources now exists for law

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! :> enforcement agencies to utilize. The IACP recommends a Sexual Assault Supplemental Report Form (see Appendix I) for departments to utilize to ensure thorough and accurate investigation, documentation, and data collection. In 2012, PERF published the report "Improving the Police Response to Sexual Assault" as part of a ser ies to address current critical issues in policing. This monograph offers suggestions for police agencies, including updating the definition of rape to mirror that used by the Federa l Bureau of Investigation. The FBI definition, updated in 2012, expands the definition of rape to "the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim" (PERF, 2012, p. iii). This new definition is mor e comprehensive and includes crimes that were not previously categorized as rape. Law enforcement professionals require training to thoroughly understand the new definition, as well as the complex dynamics of sexual assaults (PERF, 2012, p. iv). This app roach is necessary as "officers may not have had adequate training, and may cling to outdated ideas about sexual assaults" (PERF, 2012, p. 1). Clear definitions must be established as well as a thorough understanding of a range of relevant terms, includin g but not limited to: consent, sexual assault, sexual assault medical forensic exam, sexual assault response team (SART), sexual assault nurse examiner (SANE), and victim advocate (IACP, 2015, p. 8). PERF recommends training officers on the importance of t he first responder role. As the first point of contact for the victim, police behavior is "critical to victim trust in the police and participation in prosecution (PERF, 2012, p. 9). The report stresses the importance of focusing on the behavior of the offender and eliminating outdated practices of victim judgment and interrogation. Understanding trauma responses and victim behavior will allow

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! :? officers to better relate when a victim reports. Proper training ensures officers follow up with victims who m ay be unable or unwilling to participate at the initial contact due to trauma or other contributing factors (PERF, 2012, p. 37). Shifting the perspective of sexual assault away from victim blaming encourages increased reporting and allow for "addressing t he societal problems that lead to sexual assault in our cities" (PERF, 2012, p. 10). Essentially, departments can include proactive, rather than just reactive, methods to reduce sexual assault. Patrol officers are not the only group that can benefit from specialized training. The IACP also recommends thorough training on sexual assault crimes, victims, suspects, and resources to those participating in dispatch and investigations. Research suggests specialized training be used cover the complexities and na ture of sexual assault, cultural considerations, language barriers, drug and alcohol dynamics, evolving investigative technology, accurate report writing and documentation, interview techniques, and suspect grooming behavior. Experts suggest creating a sp ecialized sexual assault unit, staffed by willing individuals with strong skills in communications, writing, and analysis, as well as experience in interviewing, and investigation (IACP, 2015, p. 12). Current best practices suggest sexual assault calls be treated as a priority even if it is hours or days after the assault. In case of a delayed report, it is recommended calls be investigated uniformly and officers document the reason for the delay. Initial officer contact and interviews should be conducted with respect and patience, and be carried out at a pace that is comfortable for the victim. Prior to interviewing a victim, specialists advise law enforcement answer any questions the victim has about the process and the criminal justice system and explain the "need for and importance of full disclosure" (IACP, 2015, p. 24).

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! :@ The purpose of preliminary interviews is to establish the basic facts and identify potential witnesses. Trained professionals may be used to overcome any language barriers (IACP, 201 5, p. 17). At this point, it is recommended officers not question the victim about prosecution. Inform the victim that a more thorough secondary interview will be necessary and that law enforcement will contact them. Experts recommend that officers init iate contact because many victims are ashamed or embarrassed and often fail to reach out to law enforcement on their own. Obtain victim contact information, as well as emergency contact information, to ensure contact can be established. Allowing the victi m to dictate where and when interviews occur can increase likelihood of participation. Encourage officers to be aware of the language used during interviews and avoid questions that insinuate blame. These often begin with "Why did you" or "Why didn't yo u." and can make the victim feel responsible for their own victimization (IACP, 2015, p. 24). Ideally, follow up interviews take place after the victim has been able to get two full nights rest, and document the context of behavior, coping strategies, and victim perspective. Interviews may be recorded "to allow the investigator to focus on listening" but consult with relevant prosecutors to ensure this is advantageous for a prosecu tion (IACP, 2015, p. 26). Best case scenarios suggest that the interviewer be familiar with all r elevant case information and collaborate with necessary agencies, including victim advocates. The follow up interview allows the investigator to inform the victim of their rights and the current status of the case, and explain why c ertain sensitive interview quest ions are necessary. Victims occasionally feel pressured by witnesses, family, or friends to drop charges and/or recant. This pressure may originate from the victim or suspect's family, friends, community and social circles. A timely follow up "builds trust with victims and sends a message to the

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! :A community about the seriousness with which an agency handles sexual assault crimes" (IACP Sexual Assault Incident Reports, 2015, p. 6). Suspect interviews require different approach es. First, officers need training on how to conduct these interviews in relation to offender behavior, including manipulation strategies that the offender may utilize during the interview process. Second, officers must be aware of any prior criminal accus ations and request a National Crime Information Center (NCIC) search (IACP, 2015, p. 29). Third, encourage officers to utilize appropriate investigative techniques including pre text phone calls, text messages, and social media prior to the interview. Fin ally, best practices suggest making audio and/or video recordings of all suspect interviews. Concerning evidence collection, recommendations suggest digital photographs and videotape of the scene and victim injuries. Current best practices recommend that cases with alcohol and drug use, which "present unique challenges to both police and prosecutors" (IACP, 2015, p. 19), be conducted thoroughly, and require more patience. Law enforcement training may include the identification signs of substance use and i nsight into how this can contribute to difficulty in establishing facts of the case. IACP recommends the following: avoiding officer judgment or personal opinion to influence the investigation, obtaining urine and blood samples from the victim, and collec ting alcohol or drug related evidence. Victims need to be informed that "toxicology results can only be used to determine the possibility of alcohol or drug facilitated sexual assault" and that they will not be charged for illegal substance use (IACP, 201 5, p. 20). These cases require thorough witness identification and interviews, as the victim may be unable to relay events leading up to the assault. Witnesses and outcry witnesses can also help establish an accurate timeline.

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! ;B PERF makes several specifi c recommendations concerning case classification. First, is to carefully analyze any unfounded' cases, as research has shown they are often misclassified and are a major problem in many departments (PERF, 2012, p. iv). Second, PERF recommends cases be c lassified "unfounded" only by superior officers, and these classifications receive approval by a supervisor to ensure accuracy. Third, experts recommend that supervisors review all reports for accuracy and appropriateness, ensure all officers are informed of case coding procedures, and recognize and reward effective officers (ICAP, 2015, p. 18). PERF encourages agencies to collaborate with other disciplines in order to conduct effective investigations. The use of a Sexual Assault Response Teams is encoura ged, as they are "widely considered to be very effective at improving the response to victims, while increasing the likelihood that offenders will be arrested, charged, and convicted" (PERF, 2012, p. vi). The report also advocates for the use of Sexual As sault Nurse Examiner, not only for the purpose of obtaining physical evidence, which can be obtained up to five days after an assault, but also to obtain information from the victim. If possible, conducting an exam with the suspect is recommended. These professionals undergo specific sexual assault forensic interviewing training and may be better suited than an officer to obtain sensitive information. Inform the victim that this exam is free of charge, regardless of whether the victim participates in the investigation (IACP, 2015, p. 34). The use of internal and external case reviews is also encouraged, as outside organizations may provide valuable, unbiased insight and fresh perspective. The retention of data is important so it can be used to detect cri me trends, hot spots, repeat offenders, and create training programs (PERF, 2012, p. 4).

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! ;9 Utilizing outside agencies can help a department that is struggling with maintaining public trust, especially for departments with a history of misconduct. In additio n to training and collaborating, PERF recommends agencies reassess their reliance on DNA evidence. Often, sexual assault cases lack strong forensic DNA evidence and departments must utilize other methods to pursue these cases. Los Angeles Police Departme nt detective Jesse Alvarado noted, "everyone seems to be relying on getting DNA, and they are almost starting to lost the ability to do an investigation the old way finding witnesses, going out there and doing the follow on that needs to be done" (PERF, 2 012, p. 29). Alvarado recommends creating a suspect database between neighboring jurisdictions. This would allow agencies to determine if an individual has had previous complaints, or if they have been accused of assault in a nearby jurisdiction. In addi tion to PERF, the IACP developed guidelines for policy and training. These guidelines were published in 2015 and reflect best practices for a range of topics including alcohol and drug use, vulnerable populations, and building a rapport with victims, whic h can result in more thorough investigations and an increased likelihood of prosecution. In addition, the use of victim advocates is an increasingly central component in sexual assault investigations. Experts recommend that all victims be given the oppor tunity for advocate assistance. Officers are encouraged to document when a victim declines advocacy, and provide the victim written information on available services. The IACP provides concise information on the necessary components of a successful sexu al assault investigation. These include comprehensive training for dispatch and responding officers, evidence collection, victim and suspect interviews, forensic procedures, report writing, as well as collaborating with prosecutors, victim advocates and S ARTs.

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! ;: These guidelines encourage departments to take every case seriously, and treat them as a legitimate report unless a thorough investigation provides evidence that a crime did not occur. Officers are encouraged to develop an understanding of why vic tims are often reluctant to report, and reasons an individual may recant after reporting a legitimate assault. Recanting can occur as a result of pressure from social circles (those of the victim and/or suspect), substance use or other illegal behavior, a rrest record or illegal immigration status, embarrassment, and fear of not being believed (IACP, 2015, p. 5). These factors contribute to delayed reporting and low levels of reporting, and are especially relevant for male victims and members of vulnerabl e populations. When a victim declines to participate in an investigation, IACP recommends several steps be taken. Experts suggest that the department clearly communicate that they are available for assistance and explain the statute of limitations, in cas e the victim decides to participate in the future. Inform the victim that the information gathered will be retained incase the offender is accused of another crime. Also, explain to the victim that an officer will follow up in the future in case the vict im changes their mind. Best practices advise investigators to offer community resource referrals (IACP, p.32). The IACP recommends departments adhere to Uniform Crime Reporting standards, which allows a case to be closed in one of three ways: arrest, exce ptional clearance and unfounded. Arrest indicates a suspect is apprehended, charged with an offense, and the case turned to the district attorney for prosecution. The second option is exceptional clearance. This option means an investigation has been c onducted, a suspect is identified and located, information exists to support an arrest, but there is something that "precludes arresting, charging, and prosecuting the suspect" (IACP, 2015, p. 37). Reasons for an exceptional

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! ;; clearance include suspect deat h or extradition, or victim refusal to cooperate in the investigation. Victim refusal to participate does not, on its' own, warrant exceptional clearance. "If evidence clearly indicates a crime has occurred, the case should not be closed as exceptionally cleared but should be placed in an open, but inactive, status" (IACP, 2015, p. 37). The last way a case can be cleared is unfounded, showing an investigation has been conducted and the crime is considered either false or baseless. A false closure means that evidence shows a crime was not attempted or committed. A baseless closure indicates the elements of a crime were not established. Appropriately responding to perceived false allegations is a central component of successful sexual assault investigatio ns. Law enforcement must distinguish between a false accusation and an unsubstantiated claim. If a case is closed as an unfounded false allegation there must be evidence that a crime did not occur. Conducting a less rigorous investigation because of a s uspicious accusation or victim recanting can lead to a guilty offender going free. "Officers should not conclude that a victim who recants or is reluctant to prosecute has falsely complained" (IACP, 2015, p. 7). If evidence indicates a crime has been com mitted, the case may be labeled as inactive The IACP recommends supervisor oversight to minimize officer error. Because many offenders are repeat offenders, best practices dictate documenting all allegations, even if only for the purpose of establishing a pattern of abuse over time and jurisdictions. Every step of a sexual assault investigation requires accurate report writing and documentation. A thoroughly documented investigation is helpful for prosecutors, judges, corrections, juries, advocates, and researchers. Experts recommend that documentation include non tangible responses from the victim and offender. These responses include

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! ;< feelings, thoughts, physical and emotional responses, and any potential coercion, threats, and grooming behavior (IACP 2015, p. 36). These are relevant in all investigations but can be especially useful in consensual turned non consensual' cases, and cases with no witnesses or DNA evidence. When an individual fails to participate in an investigation, or when an anonym ous or third party report is made, experts suggest the department clearly document and retain the information. Outside the scope of a sexual assault investigation, best practices have been established to encourage reporting and building trust within a comm unity. This goal can be achieved by fostering community collaboration. In addition to SARTs and victim advocates, working with individuals in healthcare, mental health, and courts can create networks of experts able to support a successful victim centere d investigation. Experts suggest that departments attempt to capture victim feedback to determine what gaps exist in victim satisfaction. Data on case investigations can be utilized to develop training and policies, as well as addressing officer needs s uch as counseling. Research advises departments identify vulnerable and special needs populations within their community. This policy includes "children, elderly, male victims, individuals with disabilities (physical, mental or communicative), lesbian, gay, bisexual, or transgender individuals, non native English speakers, trafficked individuals, and others" (IACP, 2015, p. 40). Additional vulnerabilities include Native Americans, immigrants, prostitutes, addicted individuals, and those who have previou sly experienced sexual victimization (IACP Sexual Assault Incident Reports, 2015, p. 8). Increased assessment of sexual assault investigations and resulting best practices have led to the development of training tools and guidelines. Recent research has c ontributed to

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! ;= the development of sexual assault specific best practices. The IACP provides training tools and usable information pertaining to investigative techniques, investigative strategies, incident reports, interviewing, and working with vulnerable populations. The IACP provides a list of online resources available to departments free of charge ( www.theiacp.org ; stopviolence@theiacp.org ) Academic Improvements and Policy Implication s Primary initiatives to improve police management of sexual assault cases focus on improving quality and quantity of sexual assault training, employing more educated officers, providing more comprehensive victim services, improving re lationships with victims, ensuring effective supervision, expanding the use of victim advocates and sexual assault response teams (SART), and improving evidence processing. Sexual assault case management, which is often inadequate, can be greatly improved by developing and expanding specific, on going training programs for police officers, detectives, and investigators. Best practices suggest that departments implement mandatory victim sensitivity training and provide training on how to interview victims, witnesses and suspects (Kaukinen & DeMaris, 2009; Responding to Sexual Assault, 2006; Stevens, 2006; Wentz & Archbold, 2012). Training can help police "understand the nature of rape and its impacts on victims, as well as being exposed to materials that c hallenge dominant myths and misconceptions" (Jordan, 2008, p. 716). While research on training effectiveness is mixed, overall results show that specific, assault and victim centered training can improve how officers, and departments manage sex assault c ases. From extensive in depth interviews, Spohn and Tellis, (2014) discovered that developing sexual assault specific units and staffing them only with officers who express

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! ;> interest and are willing to undergo training, resulted in better victim treatment, case management, and cases more likely to be accepted by the local DA. In addition, victims have indicated a desire for more specialized training from officers (Jordan, 20008; Page, 2007; Stevens, 2006). Training programs can cover a wide variety of top ics related to strengthening case outcome. These procedures include cultural diversity, working with the elder ly and mentally ill, and improv ing communication with tr auma survivors. Departments may benefit from consulting with survivors to develop sensit ivity training, as well as working with former offenders to determining best practic es for interviewing suspects. Some o fficers may need training on how crime scene investigators operate, how rape k it and SANE exams work, and specific knowledge of sexual assault related evidence collection and forensics. Research shows that many prosecutors decline to file charges because the o fficers involved failed to ask the right questions in the interview or collect essential evidence that was noted in the case repor t (Spohn & Tellis, 2014). Interviews with officers revealed a need to understand why and not just how to properly manage sex assault cases. Proper training results in enhanced crime scene identification and evidence processing. Additionally, extended tr aining can teach officers how to educate vulnerable populations, become more involved in the community, and participate in a systemic shift from an offender focused to a victim centered approach (Stevens, 2006). Extant research shows officers with addition al training are more likely to have cases investigated further, have higher rates of victim participation in both the investigation and prosecution, and feel more confident handling sexual assault than their counterparts. Increased training has benefits i ncluding, for example, higher likelihood of b eing assigned sex assault cases; feelin g more prepared for such cases; cond ucting more thorough

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! ;? interviews; better allocation of resources; and a stronger ability to determine the legitimacy of the case (Kinney, 2007). Training requirements and opportunities vary greatly across jurisdiction and agencies. Some departments have no continuing sex assault training opportunities and neglect to teach officers how to interview victims (Rich & Seffrin, 2012). As Fall ik and Wells (2015) noted, "It is important to develop and deliver effective training on victim centeredness for law enforcementespecially for new sexual assault detectives" (p. 162). Due to ineffective training and a dearth of relevant classes, experts must study which programs show the highest levels of success, and customize training to increase effectiveness (Page, 2007). Improved training encourages reporting by employing a police force that makes victims feel safe and comfortable, actively involves victims in cases, and protects them from intimidation. This establishment of trust can help reduce psychological damage victims may incur. Several studies found that up to 80% of medical professionals believe contact with the criminal justice system is psychologically detrimental to rape survivors (Campbell & Raja, 1999; Fisher & Lab, 2010). A second way for police departments to impr ove is to employ more educated officers and provide continuing educational opportunities. Overall, individuals with hig her levels of education hold less stereotypical and adversarial beliefs, and have lower pro violence attitudes. Police officers with more education hold more egalitarian views of sexual assault, and are better able to interview victims (Burt, 1980; Cordne r, 2016; Page, 2008 ; Rich & Seffrin, 2012; Stevens, 2006). The inherent hierarchy in police departments requires that supervisors be properly trained on best practices for implementing new training and policies. Policy reform is largely ineffective if s upervisors are unable to support and implement action.

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! ;@ In some cases, motivated police officers reported being prevented from properly pursuing an investigation by a superior detective or sergeant (Stevens, 2006). Another way to improve case management is to provide more comprehensive services across diverse communities and education on the nature and realities of sexual assault. Kaukinen and DeMaris (2009) noted that SANE services cannot be obtain ed in all areas and victims often are unable to travel to providers in other jurisdictions. Many departments lack forensic examiners, expert witnesses, technical assistance, and sufficient training manuals and relevant literature. A large number of agencies operate in silo, blocking cooperative opportunities wi th other departments and community based initiatives (Fisher & Lab, 2010; Greeson & Campbell, 2015; Responding to Sexual Assault, 2006). The expan sion of collaborative programs such as victim advocacy and sexual assault response teams has improved the vict im experience of navigating a complex and potentially intimidating criminal justice system (Fisher & Lab, 2010). Some departments employ advocates and collaborate with other jurisdictions to provide these services. Since the 1970s, these efforts have pro vided victims with legal assistance, case information, a nd service provider information; yet advocacy networks often receive little respect and support from police agencies, and struggle with large caseloads and minimal resources. These programs offer cri tical services and support to vulnerable populations like non English speakers and the disabled. Also, research shows that rape reporters receive better treatment when an advocate is present (Fisher & Lab, 2010; Greeson & Campbell, 2015; Murphy et al., 20 11; Responding to Sexual Assault, 2006). Fallik and Wells (2015) postulated that encouraging collaboration and cooperation could be one of the most significant methods of successfully resolving sexual assault cases. Because conflict between SART, advocac y groups, and

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! ;A police departments is common, law enforcement must continue to work with these organizations to establish best practices to deliver services to victims while conducting the investigation (Moylan & Lindhorst, 2015). Another improvement police departments can make in successful sexual assault case management is the accurate gathering and processing of evidence. Evidence collection and processing is crucial for securing convictions and all victims of sexual assault should be given the opportunit y to undergo a medical exam in which physical evidence can be collected (Corrigan, 2013; Stevens, 2006). Research found that 18% of biological evidence collected from sexual assault cases was never submitted for forensic analysis, even though it is one of the most important components in a prosecution. In addition, physical evidence can be lost during an investigation so it is critical that evidence is collected, stored, labeled and transported carefully (Fallik & Wells, 2015). Implementing these vario us improvements, from training and educational opportunities to collaboration and evidence handling, can all bolster a police department's ability to appropriately manage sexual assault cases. In summary law enforcement agencies have the ability to sign ificantly improve the experiences of sexual assault victims. From the time a crime is reported to the closure of the case, officers, investigators, detectives, and advocates can take steps to ensure appropriate actions and attitudes achieve justice for as many victims as possible. Training and continued e ducation can benefit victims and departments, and create an atmosphere more open to reporting these crimes for victims who may be apprehensive. Creating a positive experience with law enforcement can inc rease victim cooperation, as well as minimize secon dary trauma often experienced during interviews and medical exams. Agencies can commit to utilizing

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!
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! <9 CHAPTER III METHODOLOGY This study took place at a mid sized police department located in a Western state with a population of approximately 50,000 residents. The population of this city is approximately half Hispanic and half Caucasian, with a small percentage (3.5%) of black s The most recent census data sho ws an average per capita income of $23,000 and a poverty rate of just over 15%, slightly higher than the national average. About 80% of the population has a high school education, which is slightly lower than the national average. The police department co nsists of roughly 120 employees, the majority of whom are white and male. At the time of the primary data collection the department had no formal policy or protocol for handling adult sexual assault case management. Several steps were taken to address the research question s of identifying weaknesses in sexual assault investigation and determining best practices for the department. The data were gathered from three major sources: two types of surveys and additional case information. This chapter describes the instruments used to gather the data, participants in the s tudy, and how data were collected. The section addresses the instruments, materials and mea sures used to gather the data, detailing all of the survey tools. Then, the survey administration a nd data collection methods are described followed by an explanation of the quantitative and qualitative analytic techniques utilized to conduct the research. Instruments, Materials, and Measures Multiple means were used to gather data needed to addresses the stated research goals. The following describes th e means of gathering data including an internal department

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! <: survey, seven audit surveys, and supplemental materials. See Figure 3.1 for a summary of the data sets. Figure 3.1: Illustration of Data Sets Internal Department Survey The Internal Department Survey (see Appendix A) was developed by the police department with assistance from an outside individual with experience as a detective and sexual assault best practices instructor. This survey was a repl ica of an original used in another jurisdiction in 2010 prior to their development of a best practices sexual assault program. Using 17 questions, the Internal Department Survey gathered demographic information (e.g., gender, age, position in the departmen t, sworn or non sworn, and law enforcement experience), data on experience investigating sexual assault and perceived prevalence of false reporting, and personal, as well as departmental effectiveness on investigating sexual assault. Additional questions measured the will ingness of respondents to report, identifying the existence of under reporting in the jurisdiction Question number 17 explored what would be important for employees if they were reporting a sexual assault. Ten options derived from current best practice research were pro vided. In addition to these options, employees were able to write in additional qualitative response s. Respondents could mark all that applied 50'*)0-2!C*/-)'3*0'! (%)#*+! D 9!(%)#*+! D $22!C*/-)'3*0'! E3/27+**1! $%&"'!(%)#*+1! D (*#*0!(%)#*+1! D 9:!$%&"'7)1! (%//2*3*0'-2!4-1*! 5067)3-'"70! D $&&"'"70-2! 5067)3-'"70!6)73! F)"G"0-2!4-1*1!

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! <; Additional questions measure d knowledge of rape myth in a true/false method Ra pe myths on the questionnaire included: A. Whether or not women lie about being sexually assaulted B. If victims are more likely to be assaulted by a stranger C. If sexual assault assaults result in physical injury D. The idea that men cannot be victims of sexual assault This survey also gathered data on perceptions of offender accountability, and opinions of reporting sexual assault within the jurisdiction, and relevant factors that would facilitate such a report. 1 Audit Surveys Seven audit surveys were ut ilized to obtain auditor interpretation of case and investi gation information. Auditors were internal and external personnel used to review handling of sexual assault cases for this police department. These surveys were able to detect a wide array of polic e behavior that had a negative impact on the v icti m, the investigation or case outcome The first survey Evidence Collection and Management: Crime Scene Investigator (see Appendix B ) assessed the investigative procedures throughout the case. This survey a ssessed participation in a medical forensic exam of the victim and the suspect, visible physical injuries, and the method of documenting the injuries. Additional information gathered focuses on the exam including the chain of custody of the forensic exam, content of the exam, and if the exam was booked into evidence. The survey determined whether or not a crime scene investigator (CSI) was dispatched to the scene, whether or not they collected !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! 9 Several survey items were not included in the data analysis for a variety of rea sons including poor wording, and double barreled questions (see questions 5, 6, 8 in Appendix H).

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! << evidence, and if so, they type of evidence collected. The last q uestion asked the participant, a crime scene investigator, to rate the overall collection of evidence using a five point Likert type scale, and asked them whether or not there "could have been additional analysis of evidence to review." Throughout this su rvey there was the opportunity to add additional case comments. One limitation of this survey is the conflict of interest and potential bias that the CSI conducting the audit was the investigator on the actual case. The second audit survey, Investigative P rocess: Patrol (First Responder) (see Append ix C ), addresses aspects of the primary contact investigation conducted by patrol officers. This survey asked auditors to interpret whether the responding officer established that the elements of a crime existed, and if so, which elements were present and the corresponding location of the crime scene. Additional information gathered pertains to the patrol officer's identification of witnesses and suspects, communication with the victim concerning case proceedings advocacy and medical treatment, and the quality of the officer's report. The Investigative Process: Detective survey (see Appendix D ) gathered information on detective participation, including whether appropriate parties were interviewed and what invest igative techniques were used to locate suspects Further, the survey examined if detectives took appropriate measures to contact and follow up with victims in a timely manner. Auditors were given the opportunity to recommend cases be re opened or followe d up with and rated the quality of the detective's report. V ictim service professionals completed the remaining four surveys These provided comprehensive case information including the effects a sexual assault case investigation can have on a victim. The Victim Demographics survey (see Appendix E ) assessed information

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! <= including age, race, and gender while subsequent questions determined vulnerabilities including substan ce use and previous assaults. Additional questions determined the nature of the assaul t, injuries sustained, and victim suspect relationship. One limitation discovered in this survey was the inability to determine ethnicity due to agency records only documenting race as black, white and other. Similar to Victim Demographics, the Suspect D emographics survey (see Appendix F ) examined broad demographic information such as age, race, gender, and substance use. This survey also encountered problems determining ethnicity. The sixth audit survey wa s Incident Demographics (see Appendix G ). This s urvey provided details of the sexual assault including the type of assault, method of facilitation, and whether the assault was completed or attempted. Additional questions examined disposition and circumstances surrounding inactivation. The seventh audit survey wa s Victim Services Process (see Appendix H ) and explored victim advocate participation. This information included whether the advocate met with the victim and provided rele vant information. Further, these data determined the level of sexual assa ult specific services provided. Supplemental Case Information Aside from the internal and audit surveys, supplement al case information was gathered to address the purpose of this research. The supplemental case informatio n was provided to the researcher by the police department on removable hard drives. The supplemental information contained more detailed case information on all 90 cases. For example, these sources offered patrol and detective documentation, which bolstere d the

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! <> ability to determine case, victim, and suspect demographic information. All identifying information had been redacted from the case information. Survey Administration and Data Collection The data were gathered from multiple sources. The following information identifies when the surveys were administered and how respondents were chosen. Survey administration and d ata collection occurred over a period of time from March 2012 to July 2015 This section describes additional information about the admi nistration internal and audit surveys. See Figure 3.2 for a research time line, including survey administration and data collection. Figure 3.2: Research Timeline Internal Department Survey The police department administered the in ternal department censu s survey in July 2015 via Survey Monkey to all sworn and non sworn agency employees. Sworn employees, including patrol officers and detectives, are those who have a badge, carry a firearm, have

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!
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! <@ subsequent audit surveys: Investigative Process: Patrol (First Responder) and Investigative Process: Detective The Crime Sc ene Investigators participants consisted of two crime scene investigators, both employed by the department. They received the Evidence Collection and Management: Crime Scene Investigator survey. Each participant reviewed roughly half the cases, with no o ne case reviewed by both auditors. This survey poses a potential bias as the participants audited cases in which they had been active investigators. The Victim Serv ices Participants consisted of six professionals from the victim services sector, none of wh ich were employed by the department. These individuals were employed in non profit, private practice, and outside law enforcement agencies. Like the Investigations Participants, they were put in three teams: A, B, and C. The teams each received randomly selected cases to determine if the victims received the appropriate level of services. Like the Investigations Participants, each Victim Services participant was given subsequent audit surveys to fill out as they reviewed each case. All the auditor sur vey responses were distributed electronically to the researcher by the department in August 2015. These data were uploaded to the secure s erver One Drive for The University of Colorado Denver. Because no administration method is perfect, there were severa l limitations in the survey responses. O ccasionally there were individuals who completed only a single audit survey. Throughout the surveys audited by victim advocates and law enforcement personnel, cases were examined by anywhere from one to five audito rs. There was no method of ensuring cases were systematically audited by the same individuals throughout the process. Some individuals audited more cases than others, and thus some cases received more

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!
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! =B Qualitative A qualitative approach allowed the researc her to gather a wealth of information from the audit survey data sets. These seven surveys included sections for additional auditor commentary, which identified major weaknesses in case management. Comments from the audit surv ey wer e analyzed qualitativel y; they were aggregated and reviewed by two researchers to improve inter rater reliability. Qualitative data were analyzed using an inductive approach. The comments were coded for major themes. A manual thematic analysis was conducted, based on the framewo rks developed by Creswell (2015) and Salda–a (2015) by identifying patterns of repetitive words and short phrases, which were then grouped into similar categories. Both researchers, who reached consensus on the initial analysis, identified a total of six m ajor themes. !"#$%&%#%&'( ) ) The quantitative analyses allowed for the development of descriptive statistics on all three data sets. This analysis also allowed for comparisons across the various data sources The Internal Department Survey results were aggr egated to determine perceptions of sexual assault investigations and the criminal justice system. Responses were then grouped based on three types of employment statu s: sworn, non sworn, and unknown. ) The audit survey responses were quantitatively analyze d T he data were used to establish descriptive statistics and frequencies. Further the Lik ert type data from the two investigative surveys were used to determine if significant differences in scoring existed between internal and external auditors. Additi onally, the auditor scores were used to determine if significant differences existed between auditors who were invited to participate in the survey and those who participated but were not invited.

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! =9 In the next sec tion, findings are presented from the data analyses, beginning with the participants of the surveys. Next, the findings from the supplemental case information, Internal Department survey, and the seven audit surveys are described Last, the qualitative findings from the audit surveys are presente d. )

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! =: CHAPTER IV FINDINGS The results of the study include both quantitative and qualitative findings. First, descriptive statistics are presented on the sample of participants, beginning with the internal department survey and concluding with the audit s urvey participants. Second, quantitative findings from the supplemental case information, Internal Department S urvey and audi t surveys are discussed. Finally findings from the qualitative analysis of the audit surveys are described. Quantitative Findin gs Participants Internal Department Survey. In total, 115 surveys were distributed, representing the entirety of the department. A total of 70 responses were received, resulting in a 60% response rate. Respondents included 35 sworn personnel, 18 non sworn personnel and 17 personnel whose sworn status is unknown. Respondent s consisted of 34% patrol officers 16% detectives, 14% police administration 7% v ictim advocates 17% non sworn staff and 12 % unknown Respondents' experience in law enforcement ranged from less than one year to over 21 years. Experience was measured in discrete range categories. Because this is a mid sized department, the ranges were utilized to help ensure confidentiality. Respondents included 22 females, 42 males, and 5 gender unknow n. Participants' age ranged from 21 59. Age was measured in four categories. Seven respondents declined to provide their age. The survey attempted to use employment type, but because of the question wording (Appendix A, question 3) it was difficult to di scern clearly which employe es were sworn or

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! =; non sworn. Answers such as "Decline to Answer" and "Police Administration" could contain both sworn and non sworn, thus the option of "unknown" was used in this analysis. A cross tabulation was used to determine which employees selected which answers and establish freque ncies based on sworn, non sworn and unknown employees. Audit Survey Participants. Each of the three teams had both internal auditors who worked for the police department and external auditors who worked as detectives, investigators, and sergeants in neighboring jurisdictions. Each team was initially designed to have three participants with a total of nine auditors. Three internal individuals were not invited to participate in the audit survey but insisted on being included without asking or notifying the proper parties. These individuals likely introduce some bias to the results because, in some cases, they had worked the actual cases they were auditing. In the next section, findings are presented on the supplemental case information. This information provided clarifying demographic informatio n, which resulted in more reliable descriptive statistics. Supplemental Case Information An analysis of the supplemental case data show the majority of victi ms ar e White, followed by Hispanic, B lack, Native American and unknown (see Table 1). A total of 92% of victims are female and 8% ma le. Victims ranged in age from 10 to 93 years old with a mean age of 25.5 years. A total of 43 % of suspects were Hispanic, 37% White, 10% Black, 9 % unknown, and 1.1% Middle Eastern. A total of 94% of offenders were male, 5% offenders were female, an d 1% unknown.

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! =< Table 1: Victim and Suspect Demographics from Supplemental Case Information Demographics Percentage N Victim Gender Female Male 92 % 8 % 80 7 Victim Ethnicity W hite non Hispanic Hispanic B lack Native American U nknown 47 % 43 % 8 % 1 % 1 % 41 37 7 1 1 Suspect Gender M ale F emale U n known 94 % 5 % 1 % 82 4 1 Suspect Ethnicity Hispanic W hite non Hispanic B lack U nknown Middle Eastern 43 % 37 % 10 % 9 % 1 % 37 32 9 8 1 N=87 Of the cases reported, 14% (n=12) involved a victim with diminished mental capacity excluding substance intoxication. A total of 12% (n=11) of assaults occurred at a facility of some type. In 8% of cases (n=7) a language barrier existed between law enforcement and a reporting party, suspect, victim, or witness. These included Sp anish language and sign language communication barriers. Victims were under the influence of drugs or alcohol at the time if assault in 23% of the cases. Suspects were under the influence of drugs or alcohol at the time of assault in 25% of the cases A to tal of 30% of cases (n=26) had a victim and/or suspect under the influence of drugs and/or alcohol. Case status (N=87) varied greatly. A total of 54% (n=47) cases were closed/cleared. A total of 37% (n=32) were inactive, 6% (n=5) lack of prosecution, 2% ( n=2) further investigation and 1% (n=1) closed by other. Case disposition (N=52) varied, as well. A total

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! == of 22 cases (42%) were cleared by arrest, nine were exceptionally cleared (n=2 of these were also cited as lack of prosecution). A total of eight case s were unfounded, six were cleared by other, five were declined prosecution either by the DA or the victim, two were lack of prosecution and in one the victim refused to participate. Internal Department Survey The police department is comprised of 120 em ployees The majority of employees are male (75%) The majority of sworn officers are white (75%) with 15% Hispanic, 5% black and 5% of other ethnicities Table 2 provides demographic information for the participants. Table 2 : Participant Demographics and Characteristics Demographics Percentage Gender Female Male Unknown 32% 61% 7% Age Range 21 29 30 39 40 49 50 59 unknown 14% 22% 41% 13% 10% Position Patrol Officer Detective Police Administrator Advocate Non sworn Staff Unknown 35% 16% 15% 7% 17% 10% Experience in Law Enforcement Less than 1 year 2 5 years 6 10 years 10 15 years 15 20 years 21 or more years 9% 14% 10% 16% 25% 26% N=69

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! => Additional components the research explored internal employee perceptions of sexual assault and investigations, including the capabilities the criminal justice system, investigative and reporting pr ocesses, and personal views of rape myths. Perceptions of Investigations and the Criminal Justice System. The majority of respondents agree or strongly agree that the police department effectively and appropriately investigates sexual assault reports, 55 % and 16%, respectively The results also indicate that 21% neither agree nor disagree and only 5% disagree or strongly disagree, 2% and 3 %, respectively A clear distinction emerged among sworn, non sworn, and unknown employees A higher percentage of swo rn employees selected "Strongly Agree" and "Agree" compared to non sworn and unknown employees (see Figure 4.1 ). Figure 4.1: Ability to Effectively and Appropriately Investigate Sexual Assaults This trend in perception was also found in responses that a sked if they would recommend someone they cared about, who was sexually assaulted in that jurisdiction, should report the crime to the agency The majority of participants (74%) indicated that if :BH! >>H! 99H! BH! ;H! >H! <H! B! BH! 9BH! :BH! ;BH! BH! ?BH! @BH! ABH! 9BBH! (')70G2+!$G)**! $G)**! I*"'J*)!$G)**! 07)!C"1-G)**! C"1-G)**! (')70G2+! C"1-G)**! (K7)0! I70L(K7)0! M0N07K0!

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! =? they were sexually assaulted they would report the assault t o their agency A total of 17% of participants indicated they would report the offense to another jurisdiction A total of 9% (n=6) would not report a sexual assault to any jurisdiction Participants may, however, have interpreted this survey item in numer ous ways Whether or not the decision to report, for example, is based on the ability of the department to effectively investigate sexual assault is unknown Responses also may represent a desire to maintain privacy. A total of 83% of respondents (n=58) i ndicated that the criminal justice system fails to hold most offenders accountable for their sexual assaults A total of 80% and 78% of sworn and non sworn employees believed offenders are not held accountable, respectively A total of 94% of unknown emplo yees believed offenders are not held accountable. Exploration of Rape Myths and Sexual Assault Reporting The Internal Survey provided insight into department employees perceptions of sexual assault and rape myth. The majority of respondents indicated that most women do not lie about being sexually assaulted (n=63, 91%). Only six respondents (9%) indicated that most women lie about being sexually assaulted. All respondents (n=69) recognized that the statement, "Victims of sexual assault are usually ass ault ed by a stranger" is false. These responses indicate a thorough understanding that an individual known to the victim perpetrates t he majority of sexual assaults. A majority of respondents (61%) indicated that most sexual assaults result in the victim having little or no physical injury. A total of 27 participants (39%) believe most sexual assault results in a higher degree of physical injury. All respondents indicated that it is possible for males to be sexually assaulted (see Figure 4.2).

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! =@ Figure 4 .2: Perceptions of Rape Myths Of the seven individuals who believe most women lie about being sexually assaulted, four were sworn, two were unknown and only one was a non sworn employee. This represents 11% of sworn employees, 12%of unknown, and 6% of non sworn, indicating non sworn employees have a better understanding of false reporting than do sworn and unknown employees. Of 70 respondents, a total of 28 (39%) falsely believe that most sexual assaults result in the victim sustaining a higher degree of physical injury. A total of 31% sworn officers, 44% of non sworn employees, and 53% of unknown employee believed this rape myth, indicating sworn officers have a better understanding of physical injury than non sworn or unknown employees. The final su rvey question asked respondents to select what important aspects would influence their decision to report a sexual assault to law enforcement. Ten options were provided. Participants were able to choose as many options as they wanted (see Table 3). AH! >9H! BH! BH! A9H! ;AH! 9BBH! 9BBH! 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% O71'!P73*0!Q"*! $R7%'!S*"0G! (*8%-22+!$11-%2'*&! Q-.N!76!,J+1".-2! 50T%)+! O71'!(*8%-2! $11-%2'1!$)*! 4733"''*&!R+! (')-0G*)1! O*0!4-007'!S*! (*8%-22+!$11-%2'*&! UVME! W$Q(E!

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! =A Table 3: Important Components of Reporting Sexual Assault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eing believed by law enforcement" was selected more often by all three categories of employees: sworn (n=29), non sworn (n=17), and unknown (n=12), indicating a wi de variety of individuals believe d this to be the most important factor. Unknown employees also selected "knowing information about my assault may help another investigation" 12 times, indicating that this category valued this factor as highly as being bel ieved by law enforcement. The next section details quantitative results from the seven audit surveys, addressing the scope of the responses, and noting main points and responses of each survey Audit Survey Results The number of surveys completed by each team varied. The 12 Investigations Participants completed two surveys; each participant completed an average of 29 surveys. The Investigative Process: Detective survey had a total of 347 responses and the

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! >B Investigative Process: Patrol ( First Responder ) su rvey had a total of 351 responses for a total of 698 responses from the Investigations Participants group. The six Victim Services Participants completed four surveys; each participant completed an average of 24 surveys. There were 144 Suspect Information surveys, 144 Incident Information surveys, 143 Victim Information surveys, and 140 Victim S ervices Process surveys for a total of 571 responses from the Victim Services Participants group. The two Crime Scene Investigations Participants completed one sur vey. The Evidence Collection and Management: Crime Scene Investigator survey resulted in 90 completed surveys, 44 from one auditor and 45 from the other. A third completed one survey. One CSI participant audited each case All 20 participants (Investig ations, Victim Services, and CSI) completed a total of 1,359 audit surveys. T o determine quantitative case information, data from the audit surveys were aggregated and differences in auditor response were documented (i.e., if one auditor noted the suspect was under the influence of alcohol but another noted the suspect was not under the influence of alcohol) When the re was disagreement in response the majority response was used. If there was no majority interpretation among auditors, "conflicted" was used to indicate auditors could not agree and there was not a majority opinion. The use of "conflicting" differs from "unknown ," which was often a n answer choice on survey items For all of the seven audit surveys, all 1,359 responses were analyzed. Because si x of the surveys involved multiple auditors responding to each case, the data analysis examined responses for each individual case A spreadsheet was developed of one answer for each question, allowing for the individual case s to serve as the unit of anal ysis.

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! >9 Investigative Process: Patrol (First Responder) This survey resulted in usable auditor response for 87 cases. The responses established that participating officers established the elements of a criminal offense in a total of 68 cases. Five cases fai led to establish the elements of a criminal offense, one case was unknown, and in 13 cases auditors were unable to reach consensus. The responding officer established a crime scene other than the victim's body in 37 cases, seven cases did not have a crime scene established, and respondents were conflicted on 43 cases. One or more witness was identified in 37% of the cases (n=32) and one or more suspect was identified on 63% of the cases (n=55). A SANE was offered to the victim in 24% of cases (n=21), a vict im advocate was called out in 23% of cases (n=20), and the victim was given a Victims' Rights Act brochure in 47% of the cases (n=41). Investigative Process: Detective This survey resulted in usable auditor data responses for 87 cases. A detective was ca lled out at the time of the initial report in 20% of the cases (n=17). Of the cases that did not have a detective called out initially, there was extensive variation in the time it took detectives to attempt contact with the victim. In 9% of cases (n=8) a detective attempted contact within one to three days. A total of five cases had attempted contact in four or five days and in two cases the detective attempted contact in six to ten days. In 71% of cases (n=61) attempted contact occurred after ten days or not at all. A total of 5% of cases (n=4) were unknown and 7% of cases (n=6) were conflicting. The majority of follow up interviews with a documented location (n=55) occurred at the police station (n=12), the victim's home (n=11), a hospital (n=7), a sexua l assault support services center (n=6) and over the phone (n=6). After the initial follow up interview, a total of 43 cases failed to result in a second follow up interview, 28 cases had conflicting information,

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! >: nine cases did have a subsequent interview, and in seven cases it was unknown if a detective conducted a second interview. A suspect was interviewed in a total of 25 cases. There were no suspect interviews in 54% of cases (n=47), eight cases were unknown and seven cases had conflicting informatio n. Most suspect interviews occurred at the police department (n=12), over the phone (n=6), at the suspect's home (n=4), and at the suspect's place of employment (n=2). After the initial interview, three cases had a second suspect interview, 39 did not have a second interview and five cases had conflicting information. Witnesses were interviewed in 25% of cases. There was no suspect interview in 38% of cases, conflicting information on 37% of cases, and one case was unknown. Several investigative technique s were used in the course of case investigation. Law enforcement did not utilize investigative techniques in 87% of cases. Social media was used in five cases, pretext phone calls were utilized in four cases, and one case each used a polygraph test and tex t messaging. Victims were notified of case disposition in a total of 22 cases. Of these, victims were notified by detectives in 17 cases, patrol in one case, and consensus was not reached on four cases. It was unknown if a victim was notified in 63% of ca ses (n=55), the vic tim could not be contacted in four cases and "not applicable" was selected for six cases. Evidence Collection and Management: Crime Scene Investigator This survey resulted in usable auditor data responses for 90 cases. Physical, visible injuries were identified in 19% of cases (n=17). The victim underwent a SANE in 25% of cases (n=23) and in 19% of cases (n=17) notes from the exam were booked into evidence or I/Leads. In 17% of cases (n=15) evidence from the SANE was submitted to the sta te Bureau of Investigations

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! >; for analysis. In a total of 10 cases (11%) a forensic exam was conducted on the suspect. A CSI was called to the scene in 19% of cases (n=17) and evidence was collected in 25% of cases (n=23 ). In 12% of cases (n=11) the auditor believed there could have been additional analysis of evidence. Victim Demographics Supplemental case information was used to gather more precise frequencies for victim demographics; therefore these data are used only to establish additional case frequen cies. Because different auditor groups completed different surveys, some data vary slightly. Due to low responses for many questions, some suspect demographic frequencies from this were excluded. This survey resulted in usable auditor data responses for 88 cases. Victim injury occurred in 13 cases, with an additional six cases having conflicting responses. This finding closely resembles the 17 cases with victim injury identified in the previous survey. Of the physical injuries identified, 15 were minor incl uding bruises, minor cuts, scrapes and abrasions. Three injuries were serious, needing urgent medical care. A point to consider when determining the level of additional physical injury sustained is that bruising often does not show immediately and can be harder to detect on individuals with darker skin convoluting the process of determining the level of immediate injury. The survey included the victim's relationship to the suspect. A total of 33% of assaults (n=29) were perpetrated by a non stranger (kno wn more than 24 hours and not in any other category) 27 % (n=24) were family members (immediate, extended, or through marriage), 15% were stranger, 9% (n=8) were brief encounter, 9% (n=8) were current or former intimate partner, four were unknown and two w ere conflicting.

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! >< Incident Demographics Supplemental case information was used to gather more precise frequencies for in cident demographics, thus this information is used only to establish additional case frequencies. Because different auditor groups com pleted different surveys, some data vary slightly. Due to low response rates for many questions, some incident demographic frequencies from this survey have been excluded. This survey resulted in usable auditor data responses for 88 cases. Of the 88 cases, the majority (56%) involved some type of penetration of the vagina or anus by any body part or object. Fondling was the second most common type of assault, making up 24% of reports. Three cases involved oral copulation, two were attempted assaults, one wa s masturbation, one involved the offender photographing the victim, and 11 cases were unknown. A total of 27% (n=2 4 ) of cases involved physical force or verbal threats. This survey allowed auditors to select from eight case dispositions, a total of 80 had a disposition selected. One auditor wrote in their own outside option resulting in nine different dispositions [! three cases had missing data The most common disposition was inactivated (n=25), followed by cleared by arrest (n=23). Additional dispositions included lack of prosecution (n=10), exceptionally cleared (n=7), unfounded/false (n=8), unfounded/baseless (n=5), closed as informational report (n=1) and cleared by other (n=1) (see Table 4).

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! >= Table 4: Incident Demographics Survey Case Dispositions (N=80) Disposition Frequency Percent Inactivated 25 31% Cleared by Arrest 23 29% Lack of Prosecution 10 13% Unfounded/False 8 10% Exceptionally Cleared 7 9% Unfounded/ Baseless 5 6% Informational Report 1 1% Cleared by Other 1 1% Victim Se rvices Process Supplemental case information was used to gather more precise data for victim services, therefore this survey is used only to establish additional case frequencies. Because different auditor groups completed different surveys, some data var y slightly. Due to low responses for many questions, some victim services frequencies from this survey have been excluded. This survey resulted in usable auditor data responses for 86 cases. Of the 86 cases, a victim advocate was called out 29% of the time (n=25) and in 37% of cases the victim worked with an advocate. This discrepancy could be attributed to advocates that responded after the initial report was made. In a total of 46 cases (53%) the victim was provided with a Victims' Rights Act brochure and in 13 cases (15%) the advocate verbally discu ssed Crime Victim Rights. In 33 cases the victim was given information on Crime Victim Compensation and in 15% of cases (n=13) the advocate provided crisis intervention and in 13% of cases (n=11) the advocate d iscussed trauma reactions. In 28% of cases (n=24) the victim received community referrals from an advocate. These referrals included transportation, property retrieval, housing and shelter, therapy referral, advocacy referral, civil and/or legal representa tion, emergency financial assistance, and employer intercession.

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! >> The next section describes research findings that arose in the course of analyzing quantitative audit survey information and warranted further analyses. R elationship s Among Employment Status and Documented Case Ratings As the research progressed a question arose as to the differences between the scoring responses from internal and external auditor s and chi square statistical analyses were conducted to determine if a relationship existed betwe en employment status and rating scores. Fo r the purpose of conducting chi square analyses, the Likert type questions from the Investigations Participants surveys were used (see question 15 in Appendix C, and question 15 in Appendix D) The auditors were ca tegorized as employed by the department (internal) or by another jurisdiction (external). The internal or external status of the auditor was coded as a dichotomous independent v ariable, allowing for a 3x2 chi square analysis. The scoring method for the q uality of the report writing was originally designed as a Likert type question ranking from one to five. One represented the lowest quality and five represented the highest quality score. These five ordinal rankings were collapsed into three categories. Th e lowest scores of one and two are represented by the nominal category of "poor." The middle score of three is represented by "fair" and scores of four and five are represented as "good." A chi squared test was utilized to test for independence between t wo categorical variables. The variables are a) whether the auditor was employed by the department or an outside jurisdiction and b) whether the auditor was invited to participate in the survey or participated without invitation. The variables are derived f rom the question in the two

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! >? Investigative Processes Surveys determining the quality of the report writing of a) patrol officers and b) detectives. This test allows for an assessment of the relationship between the two variables to determine if they exist i ndependently (Privitera, 2015). If no relationship exists, there will be relatively equal distribution of reporting scores (poor, fair, good) among both a) internal and external employees and b) invited participants and non invited participants in the obse rved sample. This test addressed the question of interest : whether employment status and patrol case ratings are independent of one another. A chi squared test of independence was conducted to test for independence between two categorical variables. This test allows for an assessment of the relationship between the two variables to determine if they exist independently (Privitera, 2015). The variables are employment status (internal vs. external) and the case reporting score. The null and alternative hypot heses are: H 0 : In the population, employment and patrol case ratings are independent H 1 : In the population, employment and patrol case ratings are dependent If no relationship exists, there would be relatively equal distribution of scores (poor, fair, g ood) among both internal and external employees in the observed sample. Results show there is a difference between scores of auditors employed by the department and those employed by outside departments. Findings from this test reveal employment and patr ol case ratings are dependent statistically (Chi square=9.631; df=2; p=0.008). A p value of 0.008 indicates a 0.8% chance of a random sample showing this distribution if the variables were truly independent. Internal and external employment status is not i ndependent of rating of patrol report writing. In the aggregate, whether an individual

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! >@ works for the police department or not is associated with their rating score. External employment status is associated with lower case ratings, and internal employment s tatus is associated with higher case ratings. See Table 5 for scoring distribution Table 5: Patrol Report Quality and Employment Status ) *(+,-%)!"#.&%/ ) 01+.,/1($%)2%#%"3 ) 4,%#. ) ) !"#$%&'( ) *&#$%&'( ) ) \77& 9:B!]>BH^ 9B9!]?9H^ ::9!]>!]:;H^ ;; !! ]:;H^ ?A!!!]:;H^ ) ,77) !! ;=!]9?H^ A !! ]>H^ <
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! >A participated without invitation made up the remaining 70 responses. These assessed responses for all 90 cases. The null and alternative hypotheses are: H 0 : In the population, participation status and detective case ratings are independent H 1 : In the population, participation status and detective case ratings are dependent Of the auditors invited to participate, 47% (n=95) marked "good ." A total of 29% (n=58) marked "fair" and 24% marked "poor.' Of those who participated without invitation, 70% (n=49) rated the cases "good ." A total of 16% (n=11) marked "fair" and 14% (n=10) marked "poor" (see Figur e 4.3). Figure 4. 3: Rati ng Distribution Among Auditors i n Investigative Process: Detective Findings from this test show that participation status and detective case ratings are dependent statistically (Chi square=10.808; df=2; p=0.005). The p value of 0.0 05 indicates B! 9B! :B! ;B! B! ?B! @B! AB! 9BB! \77&! W-")! ,77)! 5(-6($%#7() *(+,-%)!"#.&%/) 50#"'*&!$%&"'7)! I7'!50#"'*&!$%&"'7)!

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! ?B that there is a 0.5% probability of a random sample showing this distribution if the variables were truly independent. Whether an auditor was invited to participate or participated without invitation is not independent of detective case rating In the aggregate, whether an individual was invited to participate or not is associated with their rating score. Auditors that were invited to participate are associated with lower rating scores and auditors that participated without invitation are assoc iated with higher rating scores. The relationship present ed in this analysis may be accounted for because the individuals who participated without invitation may have believed these cases were being scored too harshly or unfairly and were trying to i ncreas e average scores. Possibly these individuals genuinely believed these cases were handled better and were trying to accurately represent their opinions, though their lack of selection as auditors speaks to the possibility that they less qualified or biased compared to other auditors Qualitative Findings The seven audit surveys provided auditors ample space for commentary. Throughout the seven surveys, auditors had the option to add additional comment on 54 questions. While a l l auditors did not consistent ly respond, the comments resulted in a large amount of qualita tive data. Law enforcement officers often are faced with difficult scenarios and challenging populations. Victims and suspects that are uncooperative, disabled, or suffer from mental illness may complicate cases. Additionally, problematic issues in investigations, detective response, documentation, victim services, and case management when the victim was under the influence were also noted with some regularity. These issues, while challenging and potentially frustrating, were noted as major themes in the 90 cases. A total of 6 main themes

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! ?9 emerged from the data including a) victim emotional, physical, and psychological attributes; b) investigations (subthemes: patrol, evidence, investigative techni ques, additional victims); c) detective participation (subthemes: response and investigation, follow up delays); d) documentation (subtheme: victim condition); e) victim services; and f) victim substance use. Figure 4.4 exhibits some of the weaknesses iden tified throughout the cases. Figure 4.4: Percentage of Cases Exhibiting Specific Weaknesses Victim Emotional, Physical and Psychological Attributes. Auditor data frequently noted that victim behavior, physical and psychological characteristics affected the reporting process. In a total of 23 % of cases (n= 21 ) auditors commented on victim emotional, psycho logical and physical attributes. In a total of 8 different cases auditors commented on the victim's uncooperative behavior. Additional comments mention ed victim's being fear ful, reluctant to speak, being quiet, and visibly upset As the research has shown these behaviors often are misinterpreted by officers and can lead to a less thorough investigation. =?H! :AH! =H! :AH! B! ?B! @B! AB! 9BB! 8#3()9(#:$(33(3)

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! ?: Auditors in eight different cases mentioned th e v ictim's mental health status; these comments ranged from depression and bipolar to dementia and Schizo Affective Disorder These cases are repeatedly referred to as difficult to investigate and may rely more on additional investigative techniques. Victims often are unable to communicate clearly and may require forensic interviewing and witness testimony. Additionally, many of these assaults took place in residential care facilities that may need staff training on how to best protect their patients. As one a uditor pointed out, for example: "You may want to look at ways to work around these issues, some of which may be finding forensic interviewers who specialize in these areas You might also consider a proactive approach such as educating the facilities abou t sexual abuse, investigative sexual assault protocols, surveillance systems, etc." Another auditor echoed this sentiment, stating "advocacy/education could still be provided to the medical Center where the incidents occurred that could help prevent furth er victimization." Auditors commented repeatedly on the need for the department to effe ctively investigate these cases: "Obviously this case is complicated due to the potential mental issues of those involved but these individuals reside in your community and they need to be represented accordingly." Surveillance systems were recommended by auditors in four separate cases that occurred in care facilities with mentally disabled patients Whether the facilities had surveillance systems in common areas is un known, but four of nine cases that occurred in assisted care facilities commented on a lack of surveillance. Investigation Auditors frequently mentioned weaknesses in the investigative process, including patrol investigations, evidence collection, invest igative techniques, establishing a pattern of offending, and identifying other potential victims. Auditors noted

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! ?; weaknesses in the investigation process i n 57% of cases (n=51). Weaknesses include the failure to appropriately assig n cases to a detective and a failure to investigate recant statements. Victims recanted in several cases, which, as research has shown, fails to indicate that an assault actually occur red When considering the police departments' higher than average closure of cases as unfounded fa lse allegations, this is worth additional attention. One auditor clarified, Victims recanting is not uncommon in sexual assault cases There is no question some of the details provided by the victim did not match the physical evidence. However, the injur ies found during the SANE exam were consistent with the victim's recounting of the assault Those injuries are left unexplained with a false report Victims frequently do not tell the whole truth when reporting a sexual assault It would have been helpful to have those injuries explained if this was truly a false report. Establishing a pattern of offending can be a crucial step in supporting future cases. If a victim reports and does not want to pursue a case, retaining the report can help if a similar all egation is made. The results can also assist other jurisdictions that have a case lacking evidence. Auditors mentioned a need to take reports and establish a pattern of offending in seven separate cases One auditor commented: Even without prosecuting a c ase it can still be used as a similar if any other future cases are investigated As a similar, it can help strengthen another case and even may be the deciding fa ctor whether another case would be able to go forward. Another auditor commented on the acti ons of the police department in relation to the quality of case management and depa rtment policies and procedures: What I will talk about is more about the ethical responsibility we in Law Enforcement have with our cases and not necessarily procedures in p lace for the (redacted) PD since I don't know them first handThis case could have been investigated further

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! ?< When these cases were reported, a timespan ranging from 2012 2014, the department did not, in fact, have established policies and protocol for in vestigating adult sexual assault cases. Further, the county SART program provided guidelines in 2013 but there was no corresponding training within the department. Patrol Auditors noted patrol i nvestigation weaknesses 14% of cases (n=13). Problematic inv estigation included cases never being reviewed. One auditor mentioned, "no indication given that the case was ever reviewed or sent to investigations for decision on case status Some cases lacked adequate reports and a lack of follow through despite ide ntified leads. Concerning a failure to thoroughly investigate one auditor said, more investigation should have occurred to attempt to document a suspect description On a similar note, one auditor pointed out "the officer didn't do anything to attempt to locate the suspectthe officer dropped the ball and didn't do a complete and thorough investigation." Other cases exhibited a minimal amount of effort, as well as using personal opinion in to a report. One auditor commented: "the tone of the report made me think the officer may have had issues with the victim's credibility (which is always dangerous in the event the officer is wrong)." Further issues include incomplete investigation s cases being unfounded at the patrol level, dismissing victim statemen ts, and case s not being taken seriously : T his case was taken very light by the officer The victim was completely intoxicated at the time the officer was asking her questions.It seems that the detox employee was the only person worried for the well being and safety of the victim in this case No other efforts were made and case was closed. Evidence Auditors commented on weaknesses of evidence collection a nd processing in 29% of the cases (n=26). Often, t hese include collecting minimal evidence and faili ng to properly amass and documen t evidence. Evidence mismanagement in these comments refers

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! ?= to photographs, bedding, fingerprints, DNA, and SANE kits. Not ed by one auditor, for example: "No scene photos were taken, no evidence was collected at the scene T he bedding on the bed and the victims clothing could have been collected as evidence." Further, when evidence was collected it was not always submitted for analysis, "The SANE kit was never submitted to CBI for analysisThis case was not thoroughly handle d by CSI Even when evidence was gathered and submitted for analysis, it was not always utilized in the case: The recommendation would be to follow up with CBI for a disposition on the submitted evidence." Investigative Techniques Investigative techniq ues, including pretext phone calls, text messaging, polygraph s and social media were utilized in only 13% of the cases. Auditors specifically mentioned needing additional investigative techniques in four cases. There was no specific comment area for sugge sting additional investigative techniques, so the need for further techniques may be underrepresented. An auditor noted benefits of utilizing technol ogy to further an investigation: "Maybe using some other investigative techniques would have gotten some cl earer information, or a confession In one case, an auditor commented that officers could have taken relatively simple steps to identifying a suspect: "Efforts could be made to ID the suspect through the school and through the victim's Facebook." Furthe r, the district attorney stated additional investigative techniques could have strengthened cases they were not able to accept. Additional Victims As research has shown, sexual offenders often offend multiple times, usually targeting vulnerable population s. When a report is made, and whether or not the case is accepted by the DA, it is crucial to attempt to identify other victims, both current and former. Further, there is a need to identify potential future victims based on knowledge

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! ?> of the offenders' beh avior, living situation and history. Auditors mentioned potential additional victims in 21% of the cases (n=19). In some cases, little action was ta ken to identify these victims: "more should have been done to look for other victims." In several cases, aud itors expressed frustration that officers failed to pursue finding other victims, "the detective's decision not to pursue the investigation endangers possible future victims by this offender In one case, the offender was an individual in a position of a uthority at a school with a history of grooming behavior toward a juvenile male. One auditor recommended, "I'm suggesting that something be followed up with (redacted) public schools, specifically as it pertains to other victims." Even if it is not a mand ated policy, best practices suggest attempting to identify additional potential victims. Several cases of sexual assault on a minor specifically mentioned other juveniles lived in the house, or prior allegations had been made against the accused. Detective Participation. Weaknesses in detective investigation were mentioned throughout the cases. Detective interviews, victim follow up, victim contact and communication, and report writing were often lacking. Auditors commented on weakness of detective investig ation in a total of 54% of cases (n=49). Response and Investigation Auditors noted weaknesses in detective response in a total of 36% of cases (n=32). These ranged from a lack of involvement in the case, and minimal victim contact. Auditors noted that detectives often failed to interview victims, suspects and witnesses. There were numerous potential witnesses who had been around or lived with the victim and suspect during the time of the alleged abuse and those people would have

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! ?? been critical to interv iew None of them appeared to have been interviewed I could list out a number of other investigative ste ps that should have been taken It clearly needs to be re opened and fully investigated. Another auditor commented on not only the lack of suspect int erview, but also issues with the suspect lineup photo shown to the victim: "I'm not sure why the suspect was never interviewed/charged on the day of the assault and why a three year old picture was used in the photo lineup Some cases were closed without a thorough detective i nvestigation. One comment noted: "This should not have been classified as unfoundedThere shoul d have been some consideration given to conducting other interviews with the named victim as well as other potential witnesses." In some cases, the detective failed to take steps to establish and investigate the crime scene, and noted, for example: "A crime scene could have been investigated and evidence collected which could have assisted in the investigation Follow Up Delays In additio n to detective response and investigation, auditors noted problematic follow up in 29% of cases (n=26). These reference only cases that were assigned to a detective. In some cases, follow up to ok weeks or even months. In other cases the detective left it u p to the victim to make contact and in one case an extensive delay in contact allowed the suspect to flee the country. One auditor mentioned the impact this could have on case ou tcome: Very lengthy time span from when the initial report was generated to wh en follow up contact was madethere may have been a different outcome had follow up bee n done in a more timely fashionIt appears to have been a three month delay in reaching the victim. Auditors repeatedly commented on their concern that extended delay s in contacting the vi ctim and suspect were so common: "Concerned about the delay in detectives interviews with the victim and suspect." This case took so long for t he initial interview. 3 months. In some cases, the detective never followed up with th e victim or suspect at all, "No known

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! ?@ contact was ever made with the victim by a detective." "D etective didn't complete any follow up or make contact with the suspect The follow up weaknesses occasionally reference a lack of effort on the part of detect ives, while others attribute the delays to detectives having more pertinent cases. Documentation. In a total of 40% of the cases, auditors noted weaknesses in case documentation and report writing (n=36). These weaknesses include documentation that was lim ited, poor in quality, basic or was unclear. Reports often lacked information pertaining to the actual assault, lack of suspect description, had vague or missing dates, or appeared to be copied verbatim from a prior report. In some cases, the reports fail ed to ca pture the nature of the assault and auditors repeatedly commented that they "n eeded to be more specific on the assault Needed to be more specific on suspects." "R eport didn't state very well what really took place, poor report." "W hat is in the ca se file is not complete by any means." Some cases i ncluded officers' personal bias: "The initial report also contained the officer's opinion as to why the RP was making this report The officer should have documented the facts/statements and left out his personal opinion." Another auditor mentioned diffi culties establishing timelines: It isn't clear when the de tective began the investigation This is again an on going theme in many of the cases, where there is a lack of specific dates/times when case even ts occurred." Victim Condition In addition to more general weaknesses in documentation, auditors specified that reports lacked the necessary information about victims' condition in 12% of cases (n=11). The reports lacked information on victim emotional re actions, physical condition, and appearance. Auditors repeatedly commented that these fac ts were missing from case files: "No detail on victim appearance, physical, or emotional condition." "T he

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! ?A victim's physical and emotional condition s were not noted "H e did not make note of her p hysical or emotional condition." Victim Services. The absence of victim services, most notably victim advocates, was common in the 90 cases despite extensive research that advocates are a crucial component of victim healin g and case success. Auditors commented on weaknesses in victim services in 31% of cases (n=28). These weaknesses included a lack or delay of advocate use (sometimes by officer exclusion), poor contact timeframes, failure to offer services to victims, a lac k of crisis support, absence of interpreters, and victims uninformed of their rights and the criminal process. In many cases, victim advocates were never utilized and victims were unable to access services: "Victim advocate was not involved at any stage o f the case It seems that victim advocacy is not utilized in many of these critical cases of sexual violence." In several cases, auditors note police officers intentionally excluded victim advocates: "A gain it seems to be a lack of service provided to vic tims of crime by excluding victim advocated response to crime scenesservices can be improved if advocates are included Several times auditors note that a lack of advocacy can diminish victim participation and a lack of trust in the police department. "N o mention of a victim advocate being contacted who may have helped with the victi m's decision to pursue charges." One auditor mentioned that these cases presented the opportunity to collaborate with advocates to help them make an informed decision: A gain this case is a good case to be work as a collaboration between police officer/detective and a victim advocate The victim advocate could reach out t o the victim and provide information and resources for the victim That will give the victim the necessary tools to make an inform decision about her next steps.

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! @B Another audit or had similar comments that "v ictim advocacy provide crucial support to the victims and can help enhance the trust, communication and relationship between victims and police departments It seems that (redacted) police department is not utilizing all it's resources." Auditors discuss ed the important role victim advocates play in simultaneously strengthening an investigation and building r elationships with the community: "This could have been a good opportunity for that young girl to talk an advocate. Advocates build trust and relationship with victims and are able to gather more information that can help officers in their investigation ." Further, an auditor commented that a well informed victim is more lik ely to work with the department: "Victims that are well inform ed of the rights are more willing to collaborate with the police departments in the investigation." The presence of victim services in the police department underwent a major shift in 2013. The department partnered with a nearby jurisdiction to improve SART participation and mandated advocate call out in sexual assault cases in order to increase services to victims. Two cases noted a marked improvement in the utilization of vic tim advocacy. One auditor commented: "This is the first case where victim advocacy was really used and documented well It show a good improvement from previous cases." Anot her auditor mentioned: "T his case also shows some improvement and collaboration be tween police department and advocacy unit." Victim Substance Use. A total of 30% of the cases involved substance use by the suspect and/or victim. Of those, 20 cases involved victim substance use. Levels of intoxication varied greatly among these 20 cases and in several the victims were extremely incapacitated. In these particular cases, auditors expressed repeated concern in the way the

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! @9 department handled the case. In four separate cases the auditor commented on the problematic manner in which law enforce ment acted. Auditors noted officers did not take cases seriously, and failed to follow up with the victim in a sober state. Auditors noted a general need for a new approach: "I would like to see different approach to intoxicated victims Another auditor made a similar comment, "Again, I see intoxication being an issue when it comes to decision making in these cases I don't know the reasons if any for that but would recommend a change in approach. In some cases, officers failed to provide the victim ad equate due diligence and an aud itor noted a need for oversight: "T he officers weren't totally invested in the all eged victim due to her status More command presence needed to be established either by the officers or a supervisor being called in One aud itor mentioned the need to follow up with a victim regardless of their state at initial report, "The alleged victim, regardless of their status or condition a t he time of an initial report, is entitled to at least a cursory follow up contactto determine w hat their wishes are as it pertains to the investigation." Further, one case was closed without a thorough investigation because of the victim's behavior while intoxicated. The auditor noted: "Case should not have been closed just bec ause the victim was i ntoxicated. CHAPTER V DISCUSSION & CONCLUSION The results of this study indicate that the police department is struggling to adequately manage sexual assault cases. The weaknesses discovered in these cases reflect

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! @: parallel issues common in the current literature of sexual assault case investigation. Substantial points of discussion include adequately managing cases with victims or suspects of diminished mental capacity, and addressing problematic cultural and language barriers. Additional elements of high rates of case inactivation, misconceptions about the realities of sexual assault, and the importance of collaboration between jurisdictions and agencies are all relevant in improving case management and victim services. Last is a discussion of the i mplications of the weaknesses within the investigative process. Findings show that a substantial proportion of victims are mentally incapacitated, either temporarily or permanently. Among those temporarily incapacitated are victims under the influence of drugs or alcohol. Permanent incapacitation includes dementia, mental health disorders, and severe neurological conditions. A high percentage of victims had non substance related diminished mental capacity, indicative of a vulnerable population that warran ts additional officer training in sexual assault mitigation, reporting, and case management. This population consists of individuals who may be challenged in their ability to report these crimes and understand the dynamics of assault and the criminal just ice process. Because many of these cases took place in care facilities such as nursing homes, housing vulnerable populations, these locations warrant additional attention. The mental capabilities of residents in these facilities vary and in several cases n either the victim nor suspect were capable of understanding sexual assault. Further, the lack of surveillance to determine the legitimacy of some of the accusations is problematic and there appears to be minimal investigative effort by the department. Whi le diminished mental capacity exacerbates an investigation, it is a prominent feature of this caseload and requires that special needs of victims be addressed in the course of the investigation. Limited mental

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! @; functioning can impact an individuals' abilit y to consent or fully understand the nature of a sexual assault. In many cases the victim and/or suspect were under the influence of drugs and /or alcohol. This result indicates that alcohol and drugs contribute to the vulnerability of individuals, which i s a common finding in past literature (Fisher & Lab, 2010; Page, 2007). The treatment of victims under the influence and subsequent poor case management indicate a need for the department to adequately train officers in the complexities and realities of su bstance facilitated sexual assault. In line with current literature, some officers allow personal views and frustration in these cases to dictate the quality of the investigation, thereby compromising an effective and just investigation (Fisher & Lab, 2010 ; Page, 2007). The department also faces a disconnect between law enforcement and the populace, resulting in difficulties bridging cultural and communications gaps. Some cases exhibited a language barrier between officers and either victims, witnesses or s uspects. This result illustrates a need to provide more through language services to non English speaking and deaf populations. These cases lacked adequate follow up, interviews, and translation in the course of the investigation, which may have a detrimen tal effect on case outcome and victim, witness, and suspect participation. Like most law enforcement departments, the majority of employees are white males. Because the jurisdiction is roughly half Hispanic and half female, departmental personnel fail to accurately reflect the ethnic and gender make up of the city. Current literature shows the dynamics of sexual assault and reporting vary across cultures and may be complicated when substantial cultural differences exist ( Fisher &Lab, 2010; Heath et al., 20 13; Responding to Sexual Assault, 2006; Rich & Seffrin, 2012 ). This situation can be exacerbated when populations include individuals residing in the country without legal documentation. Undocumented immigrants are more vulnerable due to fear of

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! @< repercussi ons when interacting with law enforcement, and less likely to report victimization or seek assistance. The variation in case status illustrates many cases were left "inactive," a major concern by the county. Over one third of cases were inactive, waiting on new evidence or victim participation in order to move forward. Research has established that a lack of victim participation negatively affects the ability to advance a case to prosecution ( Lonsway & Archambault, 2012 ; Murphy et al., 2011 ). Many weakness es identified in the analysis include evidence management, documentation, detective follow up, and the use of victim advocacy may render these investigations ineffective and contribute to their status as "inactive." When a department conducts more thoroug h and appropriate investigations, the overuse of case inactivation may likely decline in favor of more desirable outcomes, such as closed by arrest. More thorough investigation and continued use of advocacy will likely increase victim participation and res ult in stronger cases that may be more likely to be accepted by the district attorney's office for prosecution. Further, case disposition identified eight unfounded cases, the majority of which were determined to be false reports. The implications of class ifying a case as an unfounded false report can have extremely negative consequences if the report was legitimate. While some of these cases were thoroughly investigated and evidence supported that a false report occurred, others were deemed false reports w ith conflicting information. Auditor commentary revealed concern with several of these cases, based on injury to the victim and inconsistencies in recanting statements. Some of these cases could have been investigated further to ascertain additional inform ation concerning the legitimacy of the complaints. Without adequate investigation, cases may be mislabeled as

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! @= false allegations, resulting in further victim traumatization, an uninvestigated suspect, and additional potential victims. This research de monstrates that some members of the police department hold outdated and misinformed views of sexual assault and require additional training on the realities and complex dynamics of sexual assaul t. Some respondents believe that women lie about being sexuall y assaulted, indicating a gap in knowledge of false reporting and a reflection of a common rape myth. Current research shows that sexual assault false reporting is comparable to other major crimes, ranging from between 2 5%. There is substantial risk for b ias if the individuals who believe most women lie about sexual assault are involved in active investigative or support roles. A patrol officer, detective, or advocate holding this belief may introduce bias or personal judgment to the case and potentially c ompromise a successful investigation. Further, many of respondents believe most sexual assault results in moderate to serious physical injury. Current research has established that a small perce nt of sexual assault victims have moderate to serious injury ( Fisher & Lab, 2010; Spohn, White & Tellis, 2014 ). This gap in knowledge is problematic because law enforcement personnel may be relying on the presence of moderate to serious injury to establish if an assault occurred. If law enforcement officers are expe cting injuries in conjunction with a sexual assault report, they may take cases with little or no injury less seriously and/or believe an absence of injury is indicative that no assault occurred. This lack of knowledge could minimize the likelihood of a th orough and successful investigation and help explain such the high rates of documented false reports. The department can bolster its' ability to properly manage cases if it targeted training in areas like victim truthfulness and likelihood of additional i njury.

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! @> In addition, the research revealed a lack of communication between agencies and jurisdictions. Findings indicate that many cases that may have additional victims that were not thoroughly investigated. Further, there is a need to establish informat ional reports on suspects even if a case is not pursued so a prior report may contribute to a future case. Allowing victims to report anonymously allows for the development of informational databases on potential suspects. Lastly, the department can impr ove the way it utilizes available information to strengthen other investigations and work with organizations like schools, medical facilities, and detox centers to comprehensively manage cases and proactively mitigate further assaults. Findings from the au dit surveys reveal the need to more thoroughly pursue suspect and witness interviews, and provide victims the opportunity for a SANE exam and access to victim advocates. These steps all strengthen the case and increase the likelihood of victim participati on. Research has shown that victims who are sufficiently supported with a variety of services are more likely to work with the criminal justice system, resulting in more successful case investigation and prosecution ( Fisher & Lab, 2010; Lonsway & Archambau lt, 2012 ; Murphy et al. 2011; Rich & Seffrin, 2012 ; Stevens, 2006 ). The substantial lack of follow up also creates difficulties in successful case management. Many victims waited weeks or months before being contacted, which minimizes the likelihood tha t they will participate in a prosecution. In addition, using investigative techniques and social media increase chance of a successful case outcome. The chi square statistical analyses identify an inherent bias because internal auditors believe cases are being managed more appropriately than outside auditors. While this is not necessarily surprising, it supports the need for continuous external evaluation to maintain an

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! @? appropriate assessment of performance. Because the internal auditors were active det ectives and investigators in the case, the department would benefit from utilizing unbiased individuals who were not involved in the investigation. T he findings identified several additional areas within the investigative process that require improvements if the department is to effectively and appropriately manage sexual assault cases. A substantial number of cases exhibited weakness in the patrol investigation, detective participation, documentation and report writing. Gaps in these areas weaken case ma nagement and increase the likelihood of case attrition at all levels of the investigation. Strengthening these components of the investigation allows the department to establish a chain of accountability and improve case outcome and victim services. Reco mmendations Because this police department is dedicated to making improvements in the management of sexual assault cases, several recommendations and policy implications have been developed. Foremost, the establishment of policies and procedures related t o sexual assaults is essential to effective sexual assault case management. In accordance with current best practice, increased sexual assault specific training for all officers is beneficial to law enforcement. Training may include educating officers on the complex dynamics of sexual assaults, reporting behavior, common misconceptions, and trauma informed interviewing skills. Officers with an understanding of victim behavior and expected inconsistencies in events and timelines will be better equipped to s uccessfully work with victims, suspects, and witnesses. Proper training on case reporting and subsequent documentation can lead to more accurate case closures and outcomes, as well as increased officer reliability. In addition, training should include defi nitions and explanations of

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! @@ different case closures, dispositions, and sexual assault terms. This approach would ensure that all employees are consistently and appropriately classifying cases. Sexual assault investigations benefit from a clear and concise set of procedures and protocols for any employees involved in a sexual assault case. The department should consider implementing the IACP Sexual Assault Supplemental Report Form (see Appendix I) or a similar form fulfilling equal criteria. While implement ing new data collection methods can initially be cumbersome and difficult, incorporating a supplemental sexual assault form can increase accountability and thorough investigation practices. Additional training may focus on specific vulnerable and cultura lly diverse populations within the community, including the Spanish speaking population, undocumented individuals, Native Americans, those with physical and developmental disabilities, and the elderly. Interactions with the public often require access to i nterprete r and additional hires of bilingual personnel who may be able to assist with initial case investigation, as well as document translations. In addition, an expanded or improved reporting system would help meet the need for anonymous reporting and establishing patterns of similar cases within the city and neighboring jurisdictions. For research purposes, implementing a system that accurately captures victim, suspect, and case demographics is beneficial. Establishing additional lines of communicati ons with community services such as schools, nursing homes, care facilities, and mental health centers would increase the ability for successful collaboration and increase effective investigations. Further, establishing communication with victims can provi de valuable insight. Future research may include victim surveys that can be completed anonymously online to provide feedback on their

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! @A experiences. Collaborations among law enforcement and researchers provide numerous benefits when developing this survey to ol. Further, there is a need to establish additional internal and external oversight. Utilizing outside agencies to routinely review a random sample of cases could help maintain a high level of service to victims and adherence to procedure and protocol. I nternal oversight can improve case clos ures, minimizing the ability of officers to inactivate or unfound cases without a thorough and appropriate investigation. This procedure can also ensure that case investigations are being conducted in a timely manner and victims, witnesses and suspects are not going weeks or months without contact from the department. Internal and external oversight should be used to determine if recommended policies and procedures are appropriate and feasible for the department, and w hether they will produce the desired outcome (Maxfield & Babbie, 2011). Similar research projects based on exploratory case analysis are most successful when recommendations are implemented collaboratively with the department, researchers, community membe rs, and public officials (Braga, Kennedy, Waring & Piehl, 2001; Pawson & Tilley, 1997). This improvement can be accomplished by increasing participation in the county SART program, increased community engagement, and efforts to encourage sexual assault rep orting and awareness in the community. The final recommendation involves commending and making note of officers, detectives, advocates, and crime scene investigators who exemplify best practices in the course of managing sexual assault cases. Throughout the research, it was clear that despite the many weaknesses identified, there are a large number of dedicated professionals conducting thorough and high quality investigations in this department Especially a s new

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! AB policies and procedures are implemented, it is important to appreciate and reinforce their work in order to more successful sexual assault investigations set good examples for others, and foster an appropriate culture towards sexual assault within the department. Limitations As is the case w ith all research, this study has several limitations. Due to the complex nature of the data sets, several potential limitations exist in this research. Several internal threats exist including historical, instrumental, and testing validity, as well as sel ection bias and statistical conclusion validity. Historical validity may have been compromised because, during the time period when the cases were conducted, the department issued mandatory victim advocate call out for sexual assault cases. Therefore, some of the earlier cases were investigated without victim advocate assistance and others with mandatory victim advocate presence. This change likely resulted in an increase in cases utilizing advocates and improved the weaknesses identified in the qualitative auditor commentary. Further analysis separating case reporting dates could assist in better understanding this phenomenon. Instrumental validity was undermined because the definition of the term "rape" was changed in accordance with the FBI Uniform Crime Report definition. The new definition went into effe ct on January 1, 2013. This definition expanded the types of crimes to constitute rape to include digital and oral penetration, "no matter how slight" (Federal Bureau of Investigation: Rape, 2013). This change affected the official definitions and classification of many cases in this study. Further, the survey tool asked auditors numerous times to identify case status and closure classifications. Based on high levels of conflicting information, it is appa rent that there is confusion about the proper use of various closure and

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! A9 disposition terms. A reference with current department definitions (and if they align with federal definitions) would have been helpful for participants and researchers. Testing vali dity was likely jeopardized simply by involving internal auditors in the process. Auditors were aware that the county was concerned by sexual assault case closure rates and case investigation, thus it is likely that in the process of auditing the cases, in ternal employees may have felt pressure to rate case performance higher, especially if they were active participants on the initial case. Due to the nature of the research, selection bias likely affected the outcome of the auditor responses. Neither the 90 cases audited, nor the participants were selected randomly. The 90 cases represent nearly the entirety of sexual assault cases in the specified timeframe with victims 12 years and over. The 12 auditor participants were selected based on length of e xperience working in the sexual assault sector of law enforcement and advocacy. Further, all law enforcement auditors had been a sexual assault detective and had supervisory experience. As previously mentioned, internal auditors may introduce a bias in fav or of the department. Further, external auditors may introduce a bias either for or against the department. If auditors are specialized in the field of sexual assault case management, they may be more critical of the department than if auditors had been se lected at random from a qualified group. Finally, threats to statistical conclusion validity exist because some variables (physical injury, drug abuse, mental health status, etc.) resulted in low sample size. In depth analysis measuring causation and corr elation were not conducted due to low sample size. Nonetheless, these data sets offer a rich opportunity for further study. Future Research

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! A: There exists the potential for extensive additional analyses of these data. An applied study might examine a cohor t of new cases, investigated after any relevant policy implementations have been implemented in the department. The study could analyze differences in the two sets of cases to determine if sexual assault case investigation improved after this current resea rch. Additional research on the current data is possible, as well. Due to the large amount of qualitative data, additional exploratory analysis could provide supplemental insight into the intricacies of sexual assault investigation in this jurisdiction. On a quantitative level, discrepancies between auditors may be analyzed to explore sexual assault case interpretation by various actors in the cri minal justice system, and include participation from individuals from the courts to broaden perspectives. Due to the sheer quantity of data collected, many statistical analyses were out of the scope of this research. Additional research may analyze numerous variables and utilize regression and correlation to explore potential relationships between variables and case outcomes, and quality of investigation. Future resea r ch should expand the investigative review to adjust for other jurisdictions. Different jurisdictions will encounter unique barriers to effective sexual assault case investigation and warrant a spe cific response, yet the method of using secondary data and content analysis, through inductive reasoning, could be replicated. An in depth examination of sexual assault cases, audit surveys, and analysis of department perceptions of sexual assault could be utilized to identify potential weaknesses in sexual assault investigations.

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! A; REFERENCES Ahren s, C. (2006). Being silenced: T he impact of negative social reactions on the disclosure of rape. American Journal of Community Psychology 38, 263 274 Alder den, M. A., & Ullman, S. E. (2012). Gender difference or indifference? Detective decision making in sexual assault c ases. Journal o f Interpersonal Violence 27 (1), 3 22. doi:10.1177/0886260511416465 Beauregard, E., & Bouchard, M. (2010). Cleaning up your act: Forensic awareness as a detection avoidance strategy. Journal of Criminal Justice 38(6), 1160 1166. doi: 10.1016/j.jcrimjus.2010.09.004 Braga, A., Kennedy, D., Waring, E., & Piehl, A. (2001). Problem oriented policing and youth violence: An eval uation of Boston's Operation Cease Fire. Journal of Research in Crime and Delinquency 38 (3), 195 225. Burt, M. R. (1980). Cultural myths and support for rape. Journal of Personality and Social Psychology 38 (2), 217 230 Campbell, B. A., Menaker, T. A., & King, W. R. (2015). The determination of victim credibility by adult and juvenile sexual assault investigators. Journal o f Criminal Justice 43 (1), 29 39. doi:10.1016/j.jcrimjus.2014.12.001 Campbell, R., Patterson, D., Bybee, D., & Dworkin, E. R. ( 2009). Predicting sexual assault prosecution outcomes: The role of medical forensic evidence collected by sexual assault nurse examiners. Criminal Justice and Behavior, 36 (7), 712 727 Campbell, R., & Raja, S. (1999). The secondary victimization of rape victims: Insights from mental health professionals who treat survivors of violence. Violence and Victims 14 261 275. Cordner, G. (2016). The unfortunate demise of police education. Journal of Criminal Justice Education, 27 (4), 485 496 Corrigan, R. (2013). The new trial by ordeal: Rape kits, police practices, and the unintended e ffects of policy i nnovation. Law & Social Inquiry 38 (3), 920 949. doi:10.1111/lsi.12002 Creswell, J. (2013). Qualitative inquiry and research design: Choosing among five a pproaches (3rd ed.). Thousand Oaks CA : Sage Publications. Fallik, S., & Wells, W. (2015). Testing previously unsubmitted sexual assault kits. Criminal Justice Policy Review 26 (6), 598 619. doi: 10.1177/0887403414528001

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! A< Federal Bureau of Investigati on. (2013). Crime in the United States. Table 74: Full time Law Enforcement Employees https://www.fbi.gov/about us/cjis/ucr/crime in the u.s/2 013/crime in the u.s. 2013/tables/table 74 Federal Bureau of Investigation. (2013). Crime i n the United States. Violent c rime: Rape https://ucr.fbi.gov /crime in the u.s/2013/crime in the u.s. 2013/violent crime/rape Fisher, B., & Lab, S. (2010). Encyclopedia of Victimology and Crime Prevention Sage Publications: Thousand Oaks, CA. Greeson, M. R., & Ca mpbell, R. (2015). Coordinated community efforts to respond to sexual a ssault. Journal o f Interpersonal Violence 30 (14), 2470 2487. doi:10.1177/0886260514553119 Heath, N. M., Lynch, S. M., Fritch, A. M., & Wong, M. M. (2013). Rape myth acceptance impacts the r eporting of r ape to the p olice: A s tudy o f i ncarcerated w omen. Violence Against Women 19 (9), 1065 1078. doi:10.1177/1077801213501841 International Association of Chiefs of Police. (2015). Sexual Assault Response: Policy and Training Content Guidelines. National Law Enforcement Leadership Init iative on Violence Against Women. http://www.iacp.org/Portals/0/documents/pdfs/IACPSexualAssaultResponsePolicyan dTrainingContentGuid elines.pdf Jordan, J. (2008). Perf ect victims, perfect policing? I mproving rape complainants' experiences of police investigations. Public Administration, 86, 3, 699 719. d oi: 10.1111/j.1467 9299.2008 Kauk inen, C., & DeMaris, A. (2009). Sexual assau lt and current mental health: The role of help seeking and police response. Violence Against Women, 15 (11), 1331 1357. doi:10.1177/1077801209346713 Kelley, K. D., & Campbell, R. (2013). Moving on or dropping out: Police processing of adult sexual a ssault c ases. Women & Criminal Justice 23 (1), 1 18. doi:10.1080/08974454.2013.743365 Kinney, L., Bruns, E., Bradley, P., Dantzler, J., Weist, M ( 2007 ) Sexual assault t raining of l aw e nforcement o fficers : Results of a statewide s urvey. Women and Criminal Ju stice, 18 (3), 81 100. Koss, M., Gidycz, C., & Wisniewski, N. (1987). The scope of rape: Incidence and prevalence of sexual aggression and victimization in a national sample of higher education students. Journal of Consulting and Clinical Psychology, 55, 162 170.

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! A= Langton, L., Berzofsky, M., Krebs, C., & Smiley McDonald, H. (2012). Victimizations not reported to the police, 2006 2012. Special Report: National Crime Victimization Survey. US Department of Justice. Lonsway, K. A., & Archambault, J. (2012) The "justice gap" for sexual assault cases: Future directions for research and r eform. Violence Against Women 18 (2), 145 168. doi:10.1177/1077801212440017 Lonsway, K., & Archambault, J. (2012) Start by believing: A public awareness campaign designed to change the way we respond to victims of sexual assault Sexual Assault Report, 16(6), 81 96. Maxfield M., & Babbie E. (2011 ). Research Methods for Criminal Justice and Criminology (6 th ed.). Belmont, CA: Wadsworth Cengage Learning. Moylan, C. A., & Lindhor st, T. (2015). "Catching flies with honey": The management of conflict in sexual assault response t eams. Journal o f Interpersonal Violence 30 (11), 1945 1964. doi:10.1177/0886260514549464 Murphy, S. B., Banyard, V. L., Maynard, S. P., & Dufresne, R (2011). Advocates speak out on adult sexual assault: A u nique c rime d emands a u nique r esponse. Journal o f Aggression, Maltreatment & Trauma 20 (6), 690 710. doi:10.1080/10926771.2011.595381 Page, A. (2007). Gateway to reform? Policy implications of po lice officers' attitudes toward rape. American Journal of Criminal Justice 33, 44 55, doi: 10.1007/s12103 007 9024 9 Page, A. (2008). Judging w omen and defining crime: police officers' attitudes toward rape. Sociological Spectrum, 28:4, 389 411, do i : 10.1080/02732170802053621 Police Executive Research Forum. (2012). Critical Issues in Policing Series: Improving the Police Response to Sexual Assault. Washington, D.C. http://www.policeforum.org/assets/docs/Critical_Issues_Series/improving%20the%20 police%20response%20to%20sexual%20assault%202012.pdf Privitera, G. (2011). Statistics for the Behavioral Sc iences (2 nd ed.). Thousand Oaks, CA: SAGE Publications. Division, New South Wales Attorney General's Department Criminal Law Review. (2006). Responding to sexual assault: The way forward Sydney, Australia: Oxford Publishing. Pawson R., & Tilley N. (1 997 ). Realistic Evaluation. Thousand Oaks, CA: SAGE Publications.

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! A> Rich, K. & Seffrin, P. (2012). Police interviews of sexual assault reporters: Do attitudes matter? Violence & Victims 27 (2), 263 279. doi:10.1891/0866 6708.27.2.263 Salda–a, J. (2015). Thinking qualitatively: Methods of mind Thousand Oaks, CA : Sage Publications. Sleath, E., & Bull, R. ( 2012 ) Comparing rape victim and perpetrator blami ng in a police officer sample: D ifferenced between police officers with and without special trainin g. Criminal Justice and Behavior. 39, 646 665, d oi: 10.1177/0093854811434696 Spohn, C., White, C., & Tellis, K. (2014). Unfounding sexual assault: Examining the decision to unfound and identifying false r eports. Law & Society Review 48 (1), 161 192. doi: 10.1111/lasr.12060 Stevens, D. (2006). Police training and management impact sexual assault conviction rates in Boston. Police Journal 79, 125 151 Wentz, E., & Archbold, A. (2012). Police percepti ons of sexual assault victims: E xploring the intra f emale gender hostility thesis. Police Quarterly 15 (1), 25 44. d oi: 10.1177/10986

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! A? APPENDIX A INTERNAL DEPARTMENT SURVEY I NTERNAL P OLICE D EPARTMENT S URVEY 1) What is your gender? ) Tj ET Q q 0.24 0 0 0.24 98.07007 595.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Male ) Tj ET Q q 0.24 0 0 0.24 206.0701 595.59 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( Female ) Tj ET Q q 0.24 0 0 0.24 314.0701 595.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Decline to Answer 2) Which category below includes your age range? ) Tj ET Q q 0.24 0 0 0.24 98.07007 546.15 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( 18 20 ) Tj ET Q q 0.24 0 0 0.24 144.0701 546.15cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 21 29 ) Tj ET Q q 0.24 0 0 0.24 195.9451 546.15 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( 30 39 ) Tj ET Q q 0.24 0 0 0.24 247.8201 546.15 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( 40 49 ) Tj ET Q q 0.24 0 0 0.24 294.6951 546.15 cm BT 41 0 0 41 0 0 Tm/TT16 1 Tf ( 50 59 ) Tj ET Q q 0.24 0 0 0.24 339.0701 546.15cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 60 or older ) Tj ET Q q 0.24 0 0 0.24 422.0701 546.15cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Decline to Answer 3) Chose the answer that best describes your job: ) Tj ET Q q 0.24 0 0 0.24 98.07007 496.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Patrol Officer ) Tj ET Q q 0.24 0 0 0.24 206.0701 496.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Detective ) Tj ET Q q 0.24 0 0 0.24 314.0701 496.47 cm BT 41 0 0 41 0 0 Tm/TT16 1 Tf ( Police Administration ) Tj ET Q q 0.24 0 0 0.24 458.0701 496.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Advocate ) Tj ET Q q 0.24 0 0 0.24 98.07007 474.15 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( Non sworn Staff ) Tj ET Q q 0.24 0 0 0.24 242.0701 474.15cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Decline to Answer ) Tj ET Q q 0.24 0 0 0.24 386.0701 474.15 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( Other (please specify) 4) How many years have you worked in law enforcement or a law enforcement related field? ) Tj ET Q q 0.24 0 0 0.24 98.07007 424.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Less than 1 year ) Tj ET Q q 0.24 0 0 0.24 206.0701 424.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 2 5 years ) Tj ET Q q 0.24 0 0 0.24 278.0701 424.47 cm BT 41 0 0 41 0 0 Tm/TT16 1 Tf ( 6 10 years )Tj ET Q q 0.24 0 0 0.24 350.0701 424.47 cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf( 10 15 years ) Tj ET Q q 0.24 0 0 0.24 98.07007 402.15 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( 15 20 years )Tj ET Q q 0.24 0 0 0.24 170.0701 402.15 cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf( 20 or more years 5) How many sexual assault cases have you investigated in the last year? ) Tj ET Q q 0.24 0 0 0.24 98.07007 357.03 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( None ) Tj ET Q q 0.24 0 0 0.24 170.0701 357.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 1 5 ) Tj ET Q q 0.24 0 0 0.24 242.0701 357.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 6 10 ) Tj ET Q q 0.24 0 0 0.24 314.0701 357.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 11 15 ) Tj ET Q q 0.24 0 0 0.24 386.0701 357.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 15 20 ) Tj ET Q q 0.24 0 0 0.24 458.0701 357.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 20+ 6) Of the sexual assault cases you investigated in the last year, how m any do you believe were false reports? ) Tj ET Q q 0.24 0 0 0.24 98.07007 289.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( None ) Tj ET Q q 0.24 0 0 0.24 149.0701 289.59 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( 1 5 ) Tj ET Q q 0.24 0 0 0.24 194.0701 289.59 cm BT 41 0 0 41 0 0 Tm/TT16 1 Tf ( 6 10 ) Tj ET Q q 0.24 0 0 0.24 249.5701 289.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 11 15 )Tj ET Q q 0.24 0 0 0.24 314.0701 289.59 cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf( 15 20 ) Tj ET Q q 0.24 0 0 0.24 386.0701 289.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( 20+ ) Tj ET Q q 0.24 0 0 0.24 98.07007 267.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( I did not investigate any sexual assault reports in the last year 7) I believe my department effectively and appropriately investigates sexual as sault reports. ) Tj ET Q q 0.24 0 0 0.24 98.07007 210.87cm BT 0.0078 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Strongly agree ) Tj ET Q q 0.24 0 0 0.24 175.0701 210.87cm BT 0.0113 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Agree ) Tj ET Q q 0.24 0 0 0.24 236.0701 210.87 cm BT 0.0125Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Neither agree nor disagree ) Tj ET Q q 0.24 0 0 0.24 367.5701 210.87cm BT 0.0125 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Disagree ) Tj ET Q q 0.24 0 0 0.24 422.0701 210.87 cm BT 0.0078Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Strongly disagree 8) I believe I effectively and appropriately investigates sexual assault reports. ) Tj ET Q q 0.24 0 0 0.24 98.07007 154.47cm BT 0.0078 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Strongly agree ) Tj ET Q q 0.24 0 0 0.24 175.0701 154.47cm BT 0.0113 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Agree ) Tj ET Q q 0.24 0 0 0.24 242.0701 154.47 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( Neither agree nor disagre e ) Tj ET Q q 0.24 0 0 0.24 371.6404 154.47cm BT 0.0125 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Disagree ) Tj ET Q q 0.24 0 0 0.24 422.9929 154.47cm BT 0.0078 Tc 41 0 0 41 0 0 Tm /TT16 1 Tf [ (Strongly disagree 9) Most women lie about being sexually assaulted. ) Tj ET Q q 0.24 0 0 0.24 98.07007 98.31003 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( True ) Tj ET Q q 0.24 0 0 0.24 170.0701 98.31003cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( False

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! A@ 10) Victims of sexual assault are usually assaulted by a stranger. ) Tj ET Q q 0.24 0 0 0.24 98.07007 688.47 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( True ) Tj ET Q q 0.24 0 0 0.24 170.0701 688.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( False 11) Women who dress promiscuously or walk alone at night pu t themselves at a higher risk of being sexually assaulted than those who do not. ) Tj ET Q q 0.24 0 0 0.24 98.07007 621.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( True )Tj ET Q q 0.24 0 0 0.24 170.0701 621.03 cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf( False 12) Most sexual assaults result in the victim having little or no physical injury. ) Tj ET Q q 0.24 0 0 0.24 98.07007 564.87 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( True ) Tj ET Q q 0.24 0 0 0.24 170.0701 564.87cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( False 13) Men cannot be sexually assaulted. ) Tj ET Q q 0.24 0 0 0.24 98.07007 508.47 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( True ) Tj ET Q q 0.24 0 0 0.24 170.0701 508.47cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( False 14) Most people who commit sexual assaults are held accountable through the criminal justice system for their actions. ) Tj ET Q q 0.24 0 0 0.24 98.07007 441.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( True )Tj ET Q q 0.24 0 0 0.24 170.0701 441.03 cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf( False 15) If you were sexually assaulted in the jurisdiction where you work, would you report the sexual assault to the a gency you work for? ) Tj ET Q q 0.24 0 0 0.24 98.07007 373.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Yes ) Tj ET Q q 0.24 0 0 0.24 170.0701 373.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( No, I would not report to any police department if I was sexually assaulted ) Tj ET Q q 0.24 0 0 0.24 98.07007 351.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( No, however I would report to a police department other than the one I work for 16) If someone you cared about told you they were sexually assaul ted within your agency's jurisdiction, would you recommend they report to the agency you work for? ) Tj ET Q q 0.24 0 0 0.24 98.07007 283.59 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( Yes ) Tj ET Q q 0.24 0 0 0.24 170.0701 283.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( No 17) Which of the following would be important to you if you were reporting being sexually assaulted to law enforcement? (choose all that apply ) ) Tj ET Q q 0.24 0 0 0.24 98.07007 215.91 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( Being able to report anonymously ) Tj ET Q q 0.24 0 0 0.24 98.07007 204.87cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Being able to start my report using an online form ) Tj ET Q q 0.24 0 0 0.24 98.07007 193.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Being able to speak to a law enforcement officer without having to identify myself ) Tj ET Q q 0.24 0 0 0.24 98.07007 182.31 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( Being able to report to law enforcement and not have them tell anyone I rep orted ) Tj ET Q q 0.24 0 0 0.24 98.07007 171.03cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Being able to speak with an advocate before reporting to law enforcement ) Tj ET Q q 0.24 0 0 0.24 98.07007 159.75 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( Being believed by law enforcement ) Tj ET Q q 0.24 0 0 0.24 98.07007 148.47 cm BT 41 0 0 41 0 0 Tm /TT161 Tf ( Not being pressured to participate in an investigation ) Tj ET Q q 0.24 0 0 0.24 98.07007 137.19cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Finding out if the person who assaulted me had also assaulted other people ) Tj ET Q q 0.24 0 0 0.24 98.07007 125.91cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Kno wing that law enforcement would respect my decision not to move forward with an investigation if that is what I wanted ) Tj ET Q q 0.24 0 0 0.24 98.07007 103.59cm BT 41 0 0 41 0 0 Tm /TT16 1 Tf ( Knowing information about my assault may help another investigations ) Tj ET Q q 0.24 0 0 0.24 98.07007 92.31003 cm BT 41 0 0 41 0 0Tm /TT16 1 Tf ( Other, please specify:

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! AA APPENDIX B E VIDENCE C OLLECTION AND MANA GEMENT : C RIME S CENE I NVESTIGATOR S URVEY Sexual Assault Case Review Summary Auditor: Click here to enter text. Case #: Click here to enter text. Date: Click here to enter a date. You have been asked to participate in the sexual assault case review process for the (redacted) Police Department. As part of this process, each auditor will be asked to review 30 cases, and then, answer the following questions. For each of the questions, check the appropriate indicator(s) and provide detailed commen ts where appropriate. Your detailed comments play a vital role in evaluating our investigations by providing us with your valued prospective and experience. This evaluation enhances our ability to assess areas of strengths and opportunities for improvement in our investigations. Once you have completed a case review, please email the completed answer sheet to Commander (redacted) at (redacted), including the case report number in the subject line for tracking purposes. In other words, please send 30 separa te emails, one for each case reviewed. Thank you for your help with this critically important process. Evidence Collection and Management Crime Scene Investigator 1. Did the victim have a medical forensic examination (SANE exam)? )Tj ET Q q 0.24 0 0 0.24 135.9041 308.07 cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT31 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 207.9041 308.07 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (No ) Tj ET Q q 0.24 0 0 0.24 279.9041 308.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown ) Tj ET Q q 0.24 0 0 0.24 135.9041 294.39cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Other: Cold Case a. Were there any physical visible injuries on the victim (e.g., bruising, cuts, scrapes, etc.)? )Tj ET Q q 0.24 0 0 0.24 156.9041 232.95 cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT31 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 246.9041 232.95 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (No (skip to Question #2) ) Tj ET Q q 0.24 0 0 0.24 423.9041 232.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown b. How were injuries documented? (Check all that apply) ) Tj ET Q q 0.24 0 0 0.24 135.9041 191.67cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Photographs ) Tj ET Q q 0.24 0 0 0.24 220.238 191.67 cm BT 50 0 0 50 0 0 Tm/TT3 1 Tf ( S ANE notes )Tj ET Q q 0.24 0 0 0.24 315.9041 191.67 cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Written Report ) Tj ET Q q 0.24 0 0 0.24 429.9041 191.67cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown c. Who documented the injuries? (Check all that apply) ) Tj ET Q q 0.24 0 0 0.24 135.9041 140.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Officer ) Tj ET Q q 0.24 0 0 0.24 191.8904 140.07 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Detective ) Tj ET Q q 0.24 0 0 0.24 259.197 140.07 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( CSI ) Tj ET Q q 0.24 0 0 0.24 315.9041 140.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Other: Click here to enter text. d. Were there any follow up photographs taken of the injuries? ) Tj ET Q q 0.24 0 0 0.24 135.9041 98.79002 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Yes ) Tj ET Q q 0.24 0 0 0.24 207.9041 98.79002cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( No ) Tj ET Q q 0.24 0 0 0.24 279.9041 98.79002cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown Comments: Click here to enter text.

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! 9BB 2. Was the evidence from the medical forensic examination (SANE exam) picked up from the exam facility? ) Tj ET Q q 0.24 0 0 0.24 135.9041 680.79 cm BT 0.0002 Tc50 0 0 50 0 0 Tm /TT3 1 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 207.9041 680.79cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 279.9041 680.79cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown ) Tj ET Q q 0.24 0 0 0.24 135.9041 664.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Other: Click here to enter text. a. Who picked up the evidence from the me dical forensic examination (SANE exam)? ) Tj ET Q q 0.24 0 0 0.24 153.9041 619.35 cm BT 0.0002 Tc50 0 0 50 0 0 Tm /TT3 1 Tf (Officer ) Tj ET Q q 0.24 0 0 0.24 243.9041 619.35cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Detective ) Tj ET Q q 0.24 0 0 0.24 351.9041 619.35 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (Crime Scene Investigator ) Tj ET Q q 0.24 0 0 0.24 153.9041 603.51cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown ) Tj ET Q q 0.24 0 0 0.24 249.9041 603.51cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Other: b. Were the notes from the SANE Nurse booked into evidence or scanned into I/Leads reports? ) Tj ET Q q 0.24 0 0 0.24 153.9041 540.15 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Booked into evidence ) Tj ET Q q 0.24 0 0 0.24 279.9041 540.15 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Scanned into I/Leads ) Tj ET Q q 0.24 0 0 0.24 459.9041 540.15cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Both ) Tj ET Q q 0.24 0 0 0.24 153.9041 524.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( None ) Tj ET Q q 0.24 0 0 0.24 279.9041 524.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown c. Was evidence from the medical forensic examination (SANE exam) submitted to the (redacted) Bureau of Investigations for analysis? ) Tj ET Q q 0.24 0 0 0.24 153.9041 480.87cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 243.9041 480.87cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 315.9041 480.87cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown d. Was a foreign DNA profile identified from the medical forensic examination (SANE exam) evidence? )Tj ET Q q 0.24 0 0 0.24 153.9041 427.35 cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT31 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 243.9041 427.35 cm BT 0.0002 Tc50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 315.9041 427.35cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown Comments: Click here to enter text. 3. Was a forensic examination conducted on the suspect? ) Tj ET Q q 0.24 0 0 0.24 135.9041 369.99cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 207.9041 369.99cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 279.9041 369.99cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Unknown a. Was evidence from the suspect's forensic examination submitted to the (redacted) Bureau of Investigations for analysis? ) Tj ET Q q 0.24 0 0 0.24 153.9041 310.71 cm BT 0.0002 Tc50 0 0 50 0 0 Tm /TT3 1 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 246.9041 310.71cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 318.9041 310.71cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown b. Was a foreign DNA profile identified from the suspect's forensic examination? ) Tj ET Q q 0.24 0 0 0.24 153.9041 265.35cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (Yes ) Tj ET Q q 0.24 0 0 0.24 243.9041 265.35cm BT 0.0002 Tc 50 0 0 50 0 0 Tm /TT3 1 Tf (No ) Tj ET Q q 0.24 0 0 0.24 318.9041 265.35cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown Comments: Click here to enter text. 4. Was a Crime Scene Investiga tor called to the scene? ) Tj ET Q q 0.24 0 0 0.24 135.9041 195.75cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Yes ) Tj ET Q q 0.24 0 0 0.24 207.9041 195.75cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( No ) Tj ET Q q 0.24 0 0 0.24 279.9041 195.75cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown a. Was evidence collected from the crime scene(s)? If so, by whom? ) Tj ET Q q 0.24 0 0 0.24 135.9041 148.23cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (No crime scene evidence was collected. ) Tj ET Q q 0.24 0 0 0.24 135.9041 134.31 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (An officer collected evidence from crime scene(s). ) Tj ET Q q 0.24 0 0 0.24 135.9041 120.63cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (A detective collected evidence from c rime scene(s). ) Tj ET Q q 0.24 0 0 0.24 135.9041 106.71 cm BT 50 0 0 50 0 0 Tm/TT3 1 Tf [ (Crime scene investigator collected evidence from crime scene(s). ) Tj ET Q q 0.24 0 0 0.24 135.9041 93.03002cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Other: Click here to enter text. ) Tj ET Q q 0.24 0 0 0.24 135.9041 77.19003 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (Unknown

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! 9B9 b. Which of the following types of evidence were collected from the crime scene(s)? (Check all that apply) ) Tj ET Q q 0.24 0 0 0.24 153.9041 680.79 cm BT 50 0 0 50 0 0 Tm/TT3 1 Tf [ (Photographs ) Tj ET Q q 0.24 0 0 0.24 243.9041 680.79cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( V ictim's Clothing ) Tj ET Q q 0.24 0 0 0.24 357.9041 680.79cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Suspect's Clothing ) Tj ET Q q 0.24 0 0 0.24 153.9041 664.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Bedding ) Tj ET Q q 0.24 0 0 0.24 243.9041 664.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Fingerprints ) Tj ET Q q 0.24 0 0 0.24 354.9041 664.95 cm BT 50 0 0 50 0 0 Tm/TT3 1 Tf [ (Condoms ) Tj ET Q q 0.24 0 0 0.24 153.9041 649.35cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Other: Click here to enter text. Comments: None 5. Which of the following types of evidence are on file for this case ? (Check all that apply) ) Tj ET Q q 0.24 0 0 0.24 135.9041 567.99cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Videotape of victim fo rensic interview(s) ) Tj ET Q q 0.24 0 0 0.24 351.9041 567.99cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (Videotape of suspect interview(s) )Tj ET Q q 0.24 0 0 0.24 135.9041 554.31 cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [(Videotape of witness interview(s) ) Tj ET Q q 0.24 0 0 0.24 318.9041 554.31cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Surveillance video(s) )Tj ET Q q 0.24 0 0 0.24 135.9041 540.39 cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [(Crime scene video(s) ) Tj ET Q q 0.24 0 0 0.24 135.9041 526.71 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf [ (Other: Click here to enter text. Comments: Click here to enter text. 6. On a scale of 1 through 5 (1 =Poo r, 5 =Excellent), how would you rate the overall collection of evidence in this case? Poor Excellent ) Tj ET Q q 0.24 0 0 0.24 135.9041 429.99 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( 1 ) Tj ET Q q 0.24 0 0 0.24 207.9041 429.99 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( 2 ) Tj ET Q q 0.24 0 0 0.24 279.9041 429.99 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( 3 ) Tj ET Q q 0.24 0 0 0.24 351.9041 429.99 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( 4 ) Tj ET Q q 0.24 0 0 0.24 423.9041 429.99 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( 5 a. Upon review of the information provided in this investigation, do you feel there could have been additional a nalysis of evidence to review? ) Tj ET Q q 0.24 0 0 0.24 153.9041 361.11 cm BT 50 0 0 50 0 0 Tm/TT3 1 Tf [ (Yes. Explain in Comments ) Tj ET Q q 0.24 0 0 0.24 153.9041 347.19cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf [ (No. Explain in Comments Comments:

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! 9B: APPENDIX C INVESTIGATIVE P ROCESS : P ATROL (F IRST R ESPONDER ) S URVEY Sexual Assault Case Review Summary Auditor: Click here to enter text. Case #: Date: Click here to enter a date. _7%!J-#*!R**0!-1N*&!'7!/-)'"."/-'*!"0!'J* 1* 8%-2!-11-%2'!.-1*!)*#"*K!/)7.*11!67)!'J*! ])*&-.'*&^!,72".*!C*/-)'3*0'`!$1!/-)'!76!'J"1!/)7.*11[!*-.J!-%&"'7)!K"22!R*!-1N*&!'7! )*#"*K!;B!.-1*1[!-0&!'J*0[!-01K*)!' J*!67227K"0G!X%*1'"701`!W7)!*-.J!76!'J*!X%*1'"701[! .J*.N!'J*!-//)7/)"-'*!"0&".-'7)]1^!-0&!/)7#"&*!&*'-"2*&!.733*0'1!KJ*)*!-//)7/)"-'*`! _7%)!&*'-"2*&!.733*0'1!/2-+!-!#"'-2!)72*!"0!*#-2%-'"0G!7%)!"0#*1'"G-'"701!R+!/)7#"&"0G! %1!K"'J!+7%)!#-2%*&!/)71/*.'"#*!-0 &!*8/*)"*0.*`!UJ"1!*#-2%-'"70!*0J-0.*1!7%)!-R"2"'+!'7! -11*11!-)*-1!76!1')*0G'J1!-0&!7//7)'%0"'"*1!67)!"3/)7#*3*0'!"0!7%)!"0#*1'"G-'"701` F0.*!+7%!J-#*!.73/2*'*&!-!.-1*!)*#"*K[!/2*-1*!*3-"2!'J*!.73/2*'*&!-01K*)!1J**'!'7! ])*&-.'*&^!"0.2%&"0G!'J*!.-1*!)*/7)' 0%3R*)!"0!'J*!1%RT*.'!2"0*!67)!')-.N"0G!/%)/71*1`!50! 7'J*)!K7)&1[!/2*-1*!1*0&!;B!1*/-)-'*!*3-"21[!70*!67)!*-.J!.-1*!)*#"*K*&` UJ-0N!+7%!67)!+7%)!J*2/!K"'J!'J"1!.)"'".-22+!"3/7)'-0'!/)7.*11` ) ;$'(3%&7#%&'()5-,6(33 ) ) +'#%,()-./%0#)1$02,&3$%4 ) ) 7. Did the prelim inary investigation by the first responding officer(s) establish the elements of a criminal offense? Yes No Unknown a. If yes, which of the following sources established the elements of the criminal offense? ( C heck all that apply) a".'"3!1''*3*0'1 P"'0*11!('-'*3*0'1 (%1/*.'!('-'*3*0'1 E#"&*0.*!]/2*-1*!*8/2-"0^b! 42".N!J*)*!'7!*0'*)!'*8'` Other (please explain): Click here to enter text. 4733*0'1b! ('-'*3*0'!6)73!6-'J*)!76!#".'"3`! ) 8. Other than the victim's body, did the f irst responding officer(s) identify a crime scene in this case? Yes No Unknown a. If yes crime scene(s) identified (Check all that apply): Building Residence Park Vehicle Other (please explain) : !!!!! No crime scene identified

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! 9B; 4733*0'1b! !!!!! 9. Did the first responding officer(s) identify any potential witnesses who may have observed the victim and/or suspect before, during, or after the sexual assault? Yes No Unknown 4733*0'1b! 42".N!J*)*!'7!*0'*)!'* 8'` 10. Did the first responding officer(s) identify at least one suspect with enough information to know who they should be looking for? Yes No Unknown 4733*0'1b! !!!!! 11. Did the first responding officer(s) suggest to the victim that the pro secution decision was hers/his? (e.g., "Do you want to press charges?") Yes No Unknown 4733*0'1b! 42".N!J*)*!'7!*0'*)!'*8'` 12. Was a medical forensic examination (SANE exam) offered to the victim? _*1`!UJ*!#".'"3!.701*0'*&!'7!-!67)*01" .!*8-3"0-'"70!]($IE!*8-3^` I7`!UJ*!#".'"3!&*.2"0*&!-!67)*01".!*8-3"0-'"70!]($IE!*8-3^` I7!*8-3"0-'"70!.70&%.'*&!R*.-%1*!76!'J*!'"3*!76!'J*!-11-%2'` I7!*8-3"0-'"70!.70&%.'*&!R*.-%1*!76!'J*!0-'%)*!76!'J*!-11-%2'` I7!*8-3"0-'"70!.70&%.'*&!67)! 7'J*)!)*-1701` M0N07K0 a. If the victim was transported to or arrived at the hospital did the first responding officer(s) obtain a written medical release form (signed by the victim) to receive the victim's medical records from the hospital? Yes No Unknown 4733*0'1b! 42".N!J*)*!'7!*0'*)!'*8'` 13. Did the first responding officer(s) call out a victim advocate? Yes No. Explain: Click here to enter text. 4733*0'1b! !!!!! 14. Was the victim provided with a Victims' Rights Act brochure by the first responding officer(s)? Yes No (If No, explain in Comments ) Unknown

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! 9B< Comments: Click here to enter text. 15. On a scale of 1 through 5 (1 =Poor, 5 =Excellent) how detailed was the first responding officer(s) report of the events (i ncluding the victims' physical and emotional condition)? Poor Excellent 1 2 3 4 5 4733*0'1b! !!!!! )

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! 9B= APPENDIX D INVESTIGATIVE PROCESS : DETECTIVE SURVEY Sexual Assault Case Review Summary Auditor: Cli ck here to enter text. Case #: Date: Click here to enter a date. _7%!J-#*!R**0!-1N*&!'7!/-)'"."/-'*!"0!'J* 1* 8%-2!-11-%2'!.-1*!)*#"*K!/)7.*11!67)!'J*! ])*&-.'*&^!,72".*!C*/-)'3*0'`!$1!/-)'!76!'J"1!/)7.*11[!*-.J!-%&"'7)!K"22!R*!-1N*&!'7! )*#"*K! ;B!.-1*1[!-0&!'J*0[!-01K*)!'J*!67227K"0G!X%*1'"701`!W7)!*-.J!76!'J*!X%*1'"701[! .J*.N!'J*!-//)7/)"-'*!"0&".-'7)]1^!-0&!/)7#"&*!&*'-"2*&!.733*0'1!KJ*)*!-//)7/)"-'*`! _7%)!&*'-"2*&!.733*0'1!/2-+!-!#"'-2!)72*!"0!*#-2%-'"0G!7%)!"0#*1'"G-'"701!R+!/)7#"&"0G! %1!K"' J!+7%)!#-2%*&!/)71/*.'"#*!-0&!*8/*)"*0.*`!UJ"1!*#-2%-'"70!*0J-0.*1!7%)!-R"2"'+!'7! -11*11!-)*-1!76!1')*0G'J1!-0&!7//7)'%0"'"*1!67)!"3/)7#*3*0'!"0!7%)!"0#*1'"G-'"701` F0.*!+7%!J-#*!.73/2*'*&!-!.-1*!)*#"*K[!/2*-1*!*3-"2!'J*!.73/2*'*&!-01K*)!1J**'!'7! ])*&-.'* &^!"0.2%&"0G!'J*!.-1*!)*/7)'!0%3R*)!"0!'J*!1%RT*.'!2"0*!67)!')-.N"0G!/%)/71*1`!50! 7'J*)!K7)&1[!/2*-1*!1*0&!;B!1*/-)-'*!*3-"21[!70*!67)!*-.J!.-1*!)*#"*K*&` UJ-0N!+7%!67)!+7%)!J*2/!K"'J!'J"1!.)"'".-22+!"3/7)'-0'!/)7.*11` ) ;$'(3%&7#%&'()5-,6(33 ) -5$#$6#/7$4 ) ) 1. Was the detective called out at the time of the initial report, and if so, where did the detective make contact with the victim ? I7`!UJ*! &*'*.'"#*!K-1!07 '!.-22*&!7%'!-'!"0"'"-2!)*/7)'!] 0 8/2)#,)9:$0#/,&);< ^ ` _*1`!UJ*! &*'*.'"#*!)*1/70&*&!70 L 1.*0*!]27 -'"70!76!7..%))*0.*^!-'!"0"'"-2! )*/7)' ` _*1 `!UJ* &*'*.'"#*!)*1/70&*&!'7! -!J 71/"'-2!-'!"0"'"-2!)*/7)' ` _*1`!UJ*!& *'*.'"#*!3-&*!.70'-.'!K"'J! 'J*! #".'"3!-'! 'J*! /72".*!&*/-)'3*0'!67)! "0"'"-2!)*/7)' ` F'J*)b 42".N!J*)*!'7!*0'*)!'*8'` 2. If the detec tive was not called out at the initial report, h ow much time elapsed between the initial report from the officer and the detective attempting to make contact with the victim? 1 3 days after the initial report 4 5 days after the initial report 6 10 days after initial report 10 days or more : Click here to enter text. M0N07K0 4733*0'1b!

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! 9B> 3. After the initial report, w here did the detective conduct the first detailed follow up interview with the victim? Hospital Victim's Home Police Department (redacted) Telephone Unknown Other: Click here to enter text. 4733*0'1b! UJ*!&*'*.'"#*!&"&!07'!.70'-.'!'J*!#".'"3[!702+!J*)!6-'J*)!R+!%0N07K0! 3*'J7&!])*/7)'!1'-'*1!'J*!&*'*.'"#*!c1/7N*d!K"'J!'J*!6-'J*)!R%'!/)7#"&*&!0 7! 7'J*)!&*'-"21d`! 4. How did the detective document the first interview with the victim? (Check all that apply) W ritten notes Audio recording Video recording Other: Unknown 4733*0'1b! !!!!! 5. Did the detective conduct any subsequen t follow up interviews with the victim? No additional interviews beyond the first interview. Yes, one subsequent follow up interview. Yes, two or more subsequent follow up interviews. Unknown Other: Click here to enter text. a. If yes, how did the detective document the subsequent follow up interview(s) with the victim? ( Check all that apply ) W ritten notes Audio recording Video recording Unknown Other: Click here to enter text. 4733*0'1b! 6. Did the detective int erview at least one suspect? Yes (Continue to the next question.) No ( S kip to Question #11.) Unknown 4733*0'1b! 42".N!J*)*!'7!*0'*)!'*8'` 7. Where did the detective conduct the first interview with the suspect? Telephone Suspect's home Police Department Unknown Other : Click here to enter text.

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! 9B? 4733*0'1b! `! 8. How did the detective document the first interview with the suspect ?(Check all that apply) Written notes Audio recording Video recording Other : Click here to enter text. Unknown 4733*0'1b! `! 9. Was the first interview with the suspect custodial or non custodial? Custodial Non custodial Unknown a. Were Miranda rights provided? Yes No Unknown 4733*0'1b! !!!!! 10. How man y additional follow up interviews did the detective conduct with the suspect after the first interview ? None 1 2 additional interviews 3 or more additional interviews a. If follow up interviews were conducted with the suspect how were t hey documented by the detective? (Check all that apply) W ritten notes Audio recording Video recording Unknown Other: 4733*0'1b! 11. Did the detective use any of the following investigative techniques? ( Check all that apply ) Recorde d in person contact between suspect and victim (wearing a wire) Pretext telephone call Text messaging Facebook or other social media Computer Voice Stress Analysis with suspect Other: Click here to enter text. No 4733*0'1b! 42" .N!J*)*!'7!*0'*)!'*8'` 12. Did the detective interview any witnesses who may have observed the victim and/or suspect before, during or after the sexual assault?

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! 9B@ Yes (Continue to the next question) No. (Skip to Question #14) Unknown a. If yes, ho w many? 1 2 witnesses 3 4 witnesses 5 or more witnesses 4733*0'1b! !!!!! 13. Where did the detective conduct interviews with potential witnesses? (Check all that apply) Telephone Witness' home Police department Othe r: Click here to enter text. a. How did the detective document the interview s with the witness? (Check all that apply) W ritten notes Audio Recording Video recording Unknown Other : Click here to enter text. 4733*0'1b! 42".N!J*)*!'7 *0'*)!'*8'` 14. Who notified the victim of the disposition of the case? Detective Victim Advocate Victim Witness (District Attorney's Office) Unknown Other: Click here to enter text. a. How was the victim notified of the case disposit ion? By telephone In person Letter Other: Click here to enter text. 4733*0'1b! !!!!!!! 15. On a scale of 1 through 5(1 = P oor 5 =E xcellent) how detailed was the detective's report of the events, including the victims' physical and emotio nal condition ? Poor Excellent 1 2 3 4 5 4733*0'1b! I**&*&!37)*!&*'-"2`! 16. Based on the information provided within this investigation, would you recommend that this case be re opened for follow up? _*1`!E8/2-"0!" 0!4733*0'1! I7`!E8/2-"0!"0!4733*0'1

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! 9BA APPENDIX E CASE INFORMATION : VICTIM DEMOGRAPHICS SURVEY Assault Case Review Summary Auditor: Click here to enter text. Case #: Click here to enter text. C-'*b! 42".N!J*)*!'7!*0'*)!-!&-'*` _7%!J-#*!R **0!-1N*&!'7!/-)'"."/-'*!"0!'J*!1*8%-2!-11-%2'!.-1*!)*#"*K!/)7.*11!67)!'J*! ])*&-.'*&^ ,72".*!C*/-)'3*0'`!$1!/-)'!76!'J"1!/)7.*11[!*-.J!-%&"'7)!K"22!R*!-1N*&!'7! )*#"*K!;B!.-1*1[!-0&!'J*0[!-01K*)!'J*!67227K"0G!X%*1'"701`!W7)!*-.J!76!'J*!X%*1'"701[! .J*.N!'J*! -//)7/)"-'*!"0&".-'7)]1^!-0&!/)7#"&*!&*'-"2*&!.733*0'1!KJ*)*!-//)7/)"-'*`! _7%)!&*'-"2*&!.733*0'1!/2-+!-!#"'-2!)72*!"0!*#-2%-'"0G!7%)! /)7.*&%)*1! R+!/)7#"&"0G!%1! K"'J!+7%)!#-2%*&!/)71/*.'"#*!-0&!*8/*)"*0.*`!UJ"1!*#-2%-'"70!*0J-0.*1!7%)!-R"2"'+!'7! -11*11!-)*1!76!1')*0G'J1!-0&!7//7)'%0"'"*1!67)!" 3/)7#*3*0'!"0!7%)!1*)#".*!&*2"#*)+ ` ,2*-1*!)*6*)!'7!'J*! ])*&-.'*&^ ,72".*!C*/-)'3*0'!,72".*!V*/7)'[!'J*!a".'"3!(*)#".*1!M0"'! C-'-R-1*!V*/7)'[!-0&!'J*!50'-N*!)*/7)'!'7!G%"&*!+7%)!)*1/701*1!'7!'J*!67227K"0G! X%*1'"701`!F 0.*!+7%!J-#*!.73/2*'*&!-!.-1*!)*#"*K[!/2*-1*!*3-"2!'J*!.73/2*'*&!-01K*)! 1J**'!'7!a".'"3!(*)#".*1!477)&"0-'7)! ])*&-.'*&^ -'! ])*&-.'*&^ `.73!"0.2%&"0G!'J*!.-1*! )*/7)'!0%3R*)!"0!'J*!1%RT*.'!2"0*!67)!')-.N"0G!/%)/71*1`!50!7'J*)!K7)&1[!/2*-1*!1*0&!;B! 1*/-)-'*!*3 -"21[!70*!67)!*-.J!.-1*!)*#"*K*&` UJ-0N!+7%!67)!+7%)!J*2/!K"'J!'J"1!.)"'".-22+!"3/7)'-0'!/)7.*11` 8#3();$<,-1#%&,$ ) ) !"#$"%&'(%)*+,-."#/ & 1. How many victims of sexual assault are identified in this case? (If more than one, use Comments to provide details rega rding additional victims) : Click here to enter text. ) 2. What are the demographics of the (primary) victim in this case? ( Check all that apply): \*0&*)b W*3-2*! O-2* U)-01G*0&*) V-.*!-0&!E'J0"."'+b! $1"-0e,-."6".!512-0&*)! $6)".-0!$3*)".-0eS2-.N! ]070 L Z"1/-0".eQ-'"07^ 4-%.-1"-0ePJ"'*!]070 L Z"1/-0". eQ-'"07 ^ Z"1/-0".eQ-'"07!]PJ"'*!-0&!S2-.N^ I-'"#*!$3*)".-0eI-'"#*!$2-1N-0 O"&&2*! E-1'*)0! O%2'" L )-."-2 M0N07K0 (*8%-2!F)"*0'-'"70b! Z*'*)71*8%-2 Z7371*8%-2! S"1*8%-2! ! M0N07K0

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! 99B ,)"3-)+!2-0G%-G*b! 42".N!J*)*!'7!*0'*)!'*8'` F..%/-'"70b! M0*3/27+*&! W%22 L '"3*!('%&*0' (*26 L E3/27+*& ! ,-)' L '"3*!E3/27+3*0' W%22 L '"3*!E3/27+3*0'!! M0N07K0 E&%.-'"70-2!$.J"*#*3*0'b! (73*!J"GJ!1.J772! Z"GJ!1.J772!G)-&%-'*! \`E`C! ! (73*!.722*G*! $117."-'*1!&*G)**! ! ! S-.J*27)f1!&*G)**! O-1'*)f1!&*G)**! ! ! ,)76* 11"70-2!&*G)**!]g`C`[!,JC`[!O`C^ M0N07K0 P-1!'J*!-11-%2'!.733"''*&!KJ"2*!'J*!#".'"3!K-1!"0.-).*)-'*&!]*`G`!T-"2[!/)"170[!T%#*0"2*! &*'*0'"70^h! _*1! I7 C"1-R"2"'+! -0$%/,:0)/=2'/%=$&#),>)3'/(?)>:&6#/,&/&@4 b! ,J+1".-2! O*0'-2! ! ! M0N07K0 8,11($%3= ) 42".N!J*)*!'7!*0'*)!'*8'` ) 3. Did the victim indicate any of the following information? (Check all that apply) : Consensual sexual activity with the suspect immediately prior to the assault Abuse or addiction to controlled substan ces Homeless/Transient Victim is in sex trade Victim is in the military Victim indicated prior reports of sexual assault 4. What was the victim's age range at time of the assault? Zero 1 year old 26 30 years old 56 60 years old 86 90 years old One 5 years old 31 35 years old 61 65 years old 91 95 years old 6 10 years old 36 40 years old 66 70 years old 96 years or older 11 15 years old 41 45 years old 71 75 years old 16 20 years old 46 50 years old 76 80 years old 21 25 years old 51 55 years old 81 85 years old 5. What was the victim's residency at the time of the assault? V*1 "&*0'!76! ])*&-.'*&^!!! V*1"&*0'!76!0*"GJR7)"0G!."'+e ])*&-.'*&^ O*')7! -)*! ])*&-.'*&^ V*1"&*0' F%' L 76 L ('-'*!V*1"&*0' 4"'"i*0!7%'1"&*!76!M0"'*&!('-'*1 6. Was the victim under the influence of any substances at the time of the assault? _* 1! I7 ! M0N07K0 a. If yes, under what circumstances? (Check all that apply ): ) Tj ET Q q 0.24 0 0 0.24 135.9041 124.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Voluntary ingestion of alcohol by the victim )Tj ET Q q 0.24 0 0 0.24 135.9041 111.03 cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Voluntary ingestion of drug(s) by the victim (with general knowledge of drug and effects)

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! 999 ) Tj ET Q q 0.24 0 0 0.24 135.9041 708.39 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Involuntary ingestion of d rug(s) by the victim (drug is administered covertly, without knowledge of consent of victim) ) Tj ET Q q 0.24 0 0 0.24 135.9041 680.79cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Mistaken/misrepresented ingestion of drug(s) by victim (victim takes drug voluntarily, but is misled regarding the actual drug taken or the effects it will h ave) Comments: Click here to enter text. 7. Were there any physical/visible injuries to the victim? _*1! I7 a. If yes, what degree of injury was inflicted upon the victim as a result of the assault? (*)"7%1!/J+1".-2!"0T%)+! -%$A:/%/&@):%@$&#)=$3/ 6'()6'%$4 O"07)!/J+1".-2!"0T%)+! -0:6B)'0)C%:/0$0D)=/&,%)6:#0D)06%'2$0D),%)'C%'0/,&04 I7!N07K0!/J+1".-2!"0T%)+! -,#B$%)#B'&)#B$)0$":'()'00':(#)/#0$(>4 ) Comments: Click here to enter text. ) 8. What was the victim's relation to the suspect? ) Tj ET Q q 0.24 0 0 0.24 117.9041 452.07cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Stranger ) Tj ET Q q 0.24 0 0 0.24 117.9041 438.15 cm BT 50 0 0 50 0 0 Tm /TT31 Tf ( Family member (immediate, extended, or relative through marriage) ) Tj ET Q q 0.24 0 0 0.24 117.9041 424.47 cm BT 50 0 0 50 0 0Tm /TT3 1 Tf ( Current or former intimate partner (includes current or former spouses, boyfriends, girlfriends, romantic partners, or domestic partners) )Tj ET Q q 0.24 0 0 0.24 117.9041 396.87 cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Brief encounter (met and assaulted wit hin 24 hours) ) Tj ET Q q 0.24 0 0 0.24 117.9041 382.95cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Non Stranger (known more than 24 hours and not in any other category) ) Tj ET Q q 0.24 0 0 0.24 117.9041 369.27cm BT 50 0 0 50 0 0 Tm /TT3 1 Tf ( Unknown Comments: Click here to enter text.

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! 99: APPENDIX F CASE INFORMATION : SUSPECT DEMOGRAPHICS SURVEY 01/-(#$& '(%)*+,-."#/& & 1. How many suspect s were identified? (if more than one, use Comments to provide details regarding additional suspects) : Click here to enter text. 2. What are the demographics of the (primary) suspect? ( Check all that apply): \*0&*)b !!!!! W*3-2* ! O-2* U)-01G*0&*) V-.*!-0&!E'J0"."'+b! $1"-0e,-."6".!512-0&*)! $6)".-0!$3*)".-0eS2-.N! ]070 L Z"1/-0".eQ-'"07^ 4-%.-1"-0ePJ"'*!]070 L Z"1/-0".^ Z"1/-0".eQ-'"07!]PJ"'*!-0&!S2-.N^ I-'"#*! $3*)".-0eI-'"#*!$2-1N-0! O"&&2*!E-1'*)0 O%2'" L )-."-2!! M0N07K0 (*8%-2!F)"*0'-'"70b!!!! Z*'*)71*8%-2!!! Z7371*8%-2 !! S"1*8%-2 !! M0N07K0 ,)"3-)+!2-0G%-G*b! 42".N!J*)*!'7!*0'*)!'*8'` F..%/-'"70b! M0*3/27+*&! W%22 L '"3*!('%&*0' (*26 L E3/27+*& ,-)' L '"3*!E3/27+3*0' W%22 L '"3*!E3/27+3*0'!! !!! !! M0N07K0 E&%.-'"70-2!$.J"*#*3*0'b! (73*!J"GJ!1.J772! Z"GJ!1.J772!G)-&%-'*! \`E`C! (73*!.722*G*! $117."-'*1!&*G)**! ! S-.J*27)f1!&*G)**! O-1'*)f1!&*G)**! ! ,)76*11"70-2!&*G)**!]g`C`[!,JC`[!O`C^ M0N07K0 C"1-R"2"'+!] 1*)"7%1!"3/-")3*0'!76!&-"2+!6%0.'"70"0G^b! ,J+1".-2! O*0'-2! ! ! M0N07K0 3. Did the victim indicate any of the following information regarding the suspect? (Check all that apply Abuse or addiction to controlled substances Homeles s/Transient Suspect is in the military 4. What was the suspect's age (approximate age range) at time of the assault? One 5 years old 36 40 years old 71 75 years old 6 10 years old 41 45 years old 76 80 years old 11 1 5 years old 46 50 years old 81 85 years old 16 20 years old 51 55 years old 86 90 years old 21 25 years old 56 60 years old 91 95 years old 26 30 years old 61 65 years old 96 years or older 31 35 years old 66 70 years old unknown a. If different, what was the suspect's age (approximate age range) at the time the assault was reported to the (redacted) Police Department?

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! 99; R` F0*! L =!+*-)1!72& ;> L L 9B!+*-)1!72& !!!!!!! <9 L <= +*-)1!72& ?> L @B +*-)1!72& &` 99 L 9=!+*-)1!72& !!!!!! <> L =B +*-)1!72& @9 L @= +*-)1!72& *` 9>! L :B!+*-)1!72& !!!!! =9 L == +*-)1!72& @> L AB +*-)1!72& 6` :9 L :=!+*-)1!72& !!!!!! => L > B!+*-)1!72& A9 L A= +*-)1!72& G` :> L ;B!+*-)1!72& !!!!! > 9 L >= +*-)1!72& A>!+*-)1!7)!72&*) J` ;9 L ;=!+*-)1!72& !!!!!! >> L ? B!+*-)1!72& %0N07K0 5. What was the suspect's residency at the time of the assault? V*1"&*0'!76! ])*&-.'*&^ V*1"&*0'!76!0*"GJR7)"0G!."'+e ])*&-.'*&^ -)*! ])*&-.'*& ^ V*1"&*0' ! F%' L 76 L ('-'*!V*1"&*0' 4"'"i*0!7%'1"&*!76!M0"'*&!('-'*1 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) 6. Was the suspect under the influence of any substances at the time of the assault? & _*1! I7! M0N07K0 & a. If yes, under what circums tances? (Check all that apply ) a72%0'-)+!"0G*1'"70!76!-2.7J72!R+!'J*!1%1/*.' a72%0'-)+!"0G*1'"70!76!&)%G]1^!R+!'J*!1%1/*.' a72%0'-)+!"0G*1'"70!76!&)%G1!-0&!-2.7J72!R+!1%1/*.'

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! 99< APPENDIX G CASE INFORAMTION : INCIDENT DEMOGR APHICS SURVEY Sexual Assault Case Review Summary Auditor: Click here to enter text. Case #: Click here to enter text. C-'*b! 42".N!J*)*!'7!*0'*)!-!&-'*` _7%!J-#*!R**0!-1N*&!'7!/-)'"."/-'*!"0!'J*!1*8%-2!-11-%2'!.-1*!)*#"*K!/)7.*11!67)!'J*! ])* &-.'*&^ ,72".*!C*/-)'3*0'`!$1!/-)'!76!'J"1!/)7.*11[!*-.J!-%&"'7)!K"22!R*!-1N*&!'7! )*#"*K!;B!.-1*1[!-0&!'J*0[!-01K*)!'J*!67227K"0G!X%*1'"701`!W7)!*-.J!76!'J*!X%*1'"701[! .J*.N!'J*!-//)7/)"-'*!"0&".-'7)]1^!-0&!/)7#"&*!&*'-"2*&!.733*0'1!KJ*)*!-//)7/)"-'*`! _7%) &*'-"2*&!.733*0'1!/2-+!-!#"'-2!)72*!"0!*#-2%-'"0G!7%)! /)7.*&%)*1! R+!/)7#"&"0G!%1! K"'J!+7%)!#-2%*&!/)71/*.'"#*!-0&!*8/*)"*0.*`!UJ"1!*#-2%-'"70!*0J-0.*1!7%)!-R"2"'+!'7! -11*11!-)*-1!76!1')*0G'J1!-0&!7//7)'%0"'"*1!67)!" 3/)7#*3*0'!"0!7%)!1*)#".*!&*2"#*)+ ` ,2* -1*!)*6*)!'7!'J*! ])*&-.'*&^ ,72".*!C*/-)'3*0'!,72".*!V*/7)'[!'J*!a".'"3!(*)#".*1!M0"'! C-'-R-1*!V*/7)'[!-0&!'J*!50'-N*!)*/7)'!'7!G%" &*!+7%)!)*1/701*1!'7!'J*!67227K"0G! X%*1'"701`!F0.*!+7%!J-#*!.73/2*'*&!-!.-1*!)*#"*K[!/2*-1*!*3-"2!'J*!.73/2*'*&!-01K*)! 1J**'!'7!a".'"3!(*)#".*1!477)&"0-'7)! ])*&-.'*&^ -'! ])*&-.'*&^ `.73!"0.2%&"0G!'J*!.-1*! )*/7)'!0%3R*)!"0!'J*!1%RT*.'!2"0*!67)!')-.N"0G!/%)/7 1*1`!50!7'J*)!K7)&1[!/2*-1*!1*0&!;B! 1*/-)-'*!*3-"21[!70*!67)!*-.J!.-1*!)*#"*K*&` UJ-0N!+7%!67)!+7%)!J*2/!K"'J!'J"1!.)"'".-22+!"3/7)'-0'!/)7.*11` 8#3();$<,-1#%&,$ ) ) 23#"4(3$&'(%)*+,-."#/ & 1. What type of sexual assault was reported by the victim? (Check all t hat apply ) ,*0*')-'"70!76!#-G"0-!R+!/*0"1 ,*0*')-'"70!76!-0%1!R+!/*0"1 ,*0*')-'"70!76!#-G"0-!7)!-0%1!R+!-0+'J"0G!7'J*)!'J-0!-!/*0"1! -$E@E)'22$&3'@$),%) >,%$/@&),CF$6#4 F)-2!.7/%2-'"70! -6,&#'6#)C$#G$$&)#B$)@$&/#'(0)'&3)=,:#B4 F'J*)! -2($' 0$)3$06%/C$4 b! ) 8,11($%3= 42".N!J*)*!'7!*0'*)!'*8'` ) ) 2. What method did the suspect use to facilitate the sexual assault? (Check all that apply) ,*)/*')-'*&!%1"0G!67).*[!'J)*-'[!7)!6*-) 50.-/-."'-'*&!#".'"3! -3:$)#,)3%:@0D)'(6,B,(D),%),#B$%)%$'0,&04 ) M0.701."7%1!#".'"3! -3:$)#,)3%:@0D)'(6,B,(D),%),#B$%)%$'0,&04 ) a".'"3!%0-R2*!'7!.701*0'!&%*!'7!1*)#*!/J+1".-2!7)!3*0'-2!&"1-R"2"'+

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! 99= a".'"3!%0-R2*!'7!.701*0'!R-1*&!70!"01'"'%'"70-2"i-'"70! -$E@E)G'%3D)'%%$0#$$D) 2%/0,&$%D)%$0/3$&#),>)')6'%$)>'6/(/#?4) ) F'J*)! -2($'0$)3$06%/C$4 b! 42".N!J*)*!'7!*0'*)!'*8'` M01/*."6"*& ) ) ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) a. Was there any additional physical violence/harm used? ( Check all that apply ) P*-/70!%1*&!7)!'J)*-'*0*&!K*-/70!%1* ,J+1".-2!67).*!7)!) *1')-"0' a*)R-2!'J)*-'!7)!K-)0"0G 4J*3".-2!)*1')-"0'! -$E@E)'(6,B,(H3%:@04 I7'!-//2".-R2* ) 8,11($%3= 42".N!J*)*!'7!*0'*)!'*8'` ) ) 3. Was the sexual assault completed or attempted? 473/2*'*&!!!!!!!!!!!!!!!!!!! $''*3/'*&!! ) 4. What was the disposi tion of the case? 42*-)*&!R+!-))*1'! -'%%$0#D)6B'%@$D)'&3)%$>$%%'()>,%)2%,0$6:#/,&4 ) ) M067%0&*&eW-21*! -C'0$3),&)/&7$0#/@'#/7$)>/&3/&@0)#B'#)6%/=$)3/3)&,#),66:%4 M067%0&*&eS-1*2*11! -$($=$�),>)#B$)6%/=$)G$%$)&,#)=$#D)C:#)&,#)>'(0$4 E8.*/ '"70-22+!.2*-)*&! QF,! -I'68),>)+%,0$6:#/,&4)>%,=)5J ) C*.2"0*&!,)71*.%'"70!R+!#".'"3]1^ 50-.'"#-'*&! 4271*&!-1!-0!"067)3-'"70-2!)*/7)'! ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 5. Was the case inactivated? _*1 ! I7 a. If yes, what was the ba sis for terminating/suspending the investigation and/or inactivating the case? (Check all that apply) a".'"3!&"&!07'!/)7#"&*!-!1'-'*3*0'! a".'"3!.7%2&!07'!R*!27.-'*& a".'"3!&"&!07'!)*'%)0!'*2*/J70*!.-221 a".'"3!&"&!07'!1J7K!67)!-//7"0'3*0' 1!K"'J!'J*!"0#*1'"G-'7)]1^!7)!7'J*)1 a".'"3!K-1!J71'"2*eR*22"G*)*0' a".'"3!/)7#"&*&!6-21*!1'-'*3*0'1 a".'"3!V*.-0'*&! I70*!76!'J*1*!-//2"*1

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! 99> F'J*)!)*-1701!67)!#".'"3!070 L /-)'"."/-'"70!/2*-1*!1/*."6+b! 42".N!J*)*!'7!*0'*)! '*8'` ! ! ! ! ! ! ! ! ! !

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! 99? APPENDIX H CASE INFORMATION : VICTIM SERVICES PROCESS SURVEY >&6%&1)2(-'&6(3)5-,6(33 ) K/6#/=)J37,6'#$ ) +($'0$)%$>$%)#,)#B$) -%$3'6#$34 ) +,(/6$)5$2'%#=$&#)+,(/6$)K/6#/=)L$%7/6$0)M&/#)5'#'C'0$) 1 $2,%#)'&3)#B$)*&#'8$)1 $2,%#)#,)@: /3$)?,:%)%$02,&0$0)#,)#B$)>,((,G/&@)A:$0#/,&0E ) ) ) UJ*)*!"1!07!a".'"3!(*)#".*1!M0"'!C-'-R-1*!V*/7)'!"0!'J"1!.-1* ) -2($'0$)6,&#/&:$)#,) 6,=2($#$)#B/0)0:%7$?)#,)#B$)C$0#),>)?,:%)'C/(/#?4E ) UJ*)*!"1!07!a".'"3!(*)#".*1!M0"'! 50'-N*!V */7)'!"0!'J"1!.-1* ) -2($'0$)6,&#/&:$)#,) 6,=2($#$)#B/0)0:%7$?)#,)#B$)C$0#),>) ?,:%)'C/(/#?4E ) ) 1. Was a (redacted) Victim Services Advocate called out at the time of the initial report to meet with the victim? Yes No a. If yes, at what location did a victim advocate meet with the victim at the time of the initial report? 4) "3*!1.*0* ! I7[!#".'"3!&*.2"0*& Z71/"'-2 ! I7[!07'!766*)*& ,72".*!&*/-)'3*0' ! M01/*."6"*&! _*1[!7'J*)!27.-'"70!! ! !! ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 2. Was the victim provided with a Victims' Rights Act brochure? _* 1! I7 a. If so, by whom? (Check all that apply) _*1[!6)73! ])*&-.'*&^ ,72".*!F66".*)!)*1/70&"0G!70!1.*0* _*1[!6)73! ])*&-.'*&^ C*'*.'"#* _*1[!6)73! ])*&-.'*&^ a".'"3!(*)#".*1!70!1.*0* _*1[!6)73! ])*&-.'*&^ a".'"3!(*)#".*1!('-66!$.-'*!-'! -07'J*)!27.-'"70 _*1[!6)73!($IE!I%)1* _*1[!6)73!7'J*)! -2($'0$)02$6/>?4 b! 42".N!J*)*!'7!*0'*)!'*8'` I7 M0N07K0 ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 3. Did the victim receive information about Crime Victim Compensation? _*1! I7

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! 99@ a. If yes, from whom did the victim receive the information from? ( Check all that apply ) ])*&-.'*&^ a".'"3!(*)#".*1!70!1.*0* ])*&-.'*&^ a".'"3!(*)#".*1!('-66!$.-'*!-'!/72".*!&*/-)'3*0' Z71/"'-2!('-66 ])*&-.'*&^ g%&"."-2!C"1')".'!$''7)0*+!a".'" 3!P"'0*11!$.-'* ])*&-.'*&^ !! g%&"."-2!C"1')".'!4)"3*!a".'"3!473/*01-'"70!P*R1"'*! 4733%0"'+!S-1*&!a".'"3!$.-'* F'J*)b! 42".N!J*)*!'7!*0'*)!'*8'` I7 M0N07K0 ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 4. Did the victim work with (redacted ) Victim Services Unit Staff Advocate? _*1! I7 a. If no, why did the victim not work with (redacted) Victim Services Unit Staff Advocate? UJ*!#".'"3!&*.2"0*&!1*)#".*1!-6'*)!"0"'"-2!.70'-.'! UJ*)*!K*)*!)*/*-'*&!-''*3/'1!'7!.70'-.'!#".'"3!K"'J 07!1%..*11 I7'!"0&".-'*& F'J*)b! 42".N!J*)*!'7!*0'*)!'*8'` ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 5. Did the victim advocate provide the victim crisis intervention? _*1 I7 ! M0N07K0 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 6. Did the vi ctim advocate talk to the victim about trauma and/or crisis reactions? Yes No Unknown Comments: Click here to enter text. 7. Did a Victim Advocate verbally discuss Crime Victim Rights with the victim? Yes No Unknown ) 8 ,11($%3= 42".N!J*)*!'7!*0'*)!'*8'` ) ) 8. Did the victim advocate discussing safety planning with the victim? Yes No Unknown ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` )

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! 99A 9. Did the victim advocate provide any services to secondary victims or witnesse s? Yes No Unknown a. If yes, how many additional secondary victims or witnesses? Click here to enter text. ) ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 10. Did the victim receive community referrals from the (redacted) Victim Services Staff Advoca te? _*1! I7 #?);<)/(3@)AB#%)3(-'&6(3)A#3)%B()'&6%&1)-(<(--(C)<,-D) -NB$68)'(()#B'#)'22(?4 ) ) U)-01/7)'-'"70! E3*)G*0.+!W"0-0."-2!$11"1'-0.*! ,)7/*)'+!V*')"*#-2 Z7%1"0Ge(J*2'*)!$11"1'-0.* 42"0"."-0eUJ*)-/"1'!V*6*))-2 4733%0"'+ S-1*&!$.-.+!V*6*))-2 S2%*!S*0.J! OE($! F'J*)b! 42".N!J*)*!'7!*0'*)!'*8'` E3/27+**eE3/27+*)!50'*).*11"70! 4"#"2eQ*G-2!V*/)*1*0'-'"70!V*6*))-2! W77&!$11"1'-0.*!V*6*))-2! F'J*)b! 42".N!J*)*!'7!*0'*)!'*8'` M01/*."6"*&! ) 8, 11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) ) 11. Did the victim receive any forensic/medical services? _*1! I7! a. If yes, what type of medical services did the victim receive? (Check all that apply) _*1[!-!67)*01".!3*&".-2!*8-3"0-'"70! -=$3/6'()%$($'0$)3,6: =$&#$34 _*1[!3*&".-2!1*)#".*1!7'J*)!'J-0!-!67)*01".!*8-3"0-'"70! -=$3/6'()%$($'0$) 3,6:=$&#$34 M01/*."6"*&! ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 12. Was a (redacted) Victim Services Unit Advocate with the victim during the forensic medical examinati on? _*1! I7

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! 9:B a. If no, why was a (redacted) Victim Services Unit Advocate not with the victim during the forensic medical examination? $! ])*&-.'*&^! a".'"3!(*)#".*1!$.-'*!K-1!07'!.-22*&!7%' UJ*!#".'"3!&*.2"0*&!J-#"0G! ])*&-.'*&^ a".'"3!(*)#". *1!$.-'*!/)*1*0'! &%)"0G!*8-3! UJ*! ])*&-.'*&^! a".'"3!(*)#".*1!$.-'*!-))"#*&!&%)"0G!'J*!*8-3!]7)!-6'*)!'J*! *8-3!J-&!.733*0.*&^ UJ*! ])*&-.'*&^! a".'"3!(*)#".*1!$.-'*!)*1/70&*&!-6'*)!'J*!*8-3!J-&!R**0! .73/2*'*& $!.733%0"'+ L R-1*&!-.-'*!K1!/)*1*0'!&%)"0G!'J*!*8-3 F'J*)! -2($'0$)$"2('/&4 b! 42".N!J*)*!'7!*0'*)!'*8'` ) ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 13. Was the (redacted) Victim Advocate present during any law enforcement interview? _*1[!"0"'"-2!"0'*)#"*K!K"'J! ])*&-.'*&^! ,72".*!F66 ".*)!! _*1[!67227K!%/!"0'*)#"*K!K"'J! ])*&-.'*&^! C*'*.'"#*!! I7[!a".'"3!&"&!07'!K-0'!'J*! ])*&-.'*&^! a".'"3!$.-'*!K"'J!"0"'"-2! I7[!a".'"3!&"&!07'!K-0'!'J*! ])*&-.'*&^ ('-66!a".'"3!$.-'*!"0!'J*!67227K L %/! I7[! ])*&-.'*&^! a".'"3!(*)#".*1!M 0"'!$.-'*!K-1!*8.2%&*&!R+!766".*) I7[! ])*&-.'*&^! a".'"3!(*)#".*1!M0"'!$.-'*!K-1!*8.2%&*&!R+!C*'*.'"#*! M01/*."6"*&! ) 8,11($%3=) 42".N!J*)*!'7!*0'*)!'*8'` ) ) 14. Based on the information provided within the (redacted) Police Department Police Victi m Services Unit Database Report and the Intake report how detailed was the documentation related to the information and services Victim Services Unit provided ? Poor Excellent 1 2 3 4 5 8,11($%3= 42".N!J*)*!'7!*0'*)! '*8'`

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! 9:9 APPENDIX I I NTERNATIONAL A SSOCIATION OF C HIEFS OF POLICE SEXUAL ASSAULT S UPPLEMENTAL R EPORT F ORM Sexual Assault Supplemental Report Form It is recommended that the Sexual Assault Supplemental Report be used in the reporting, recording and investigation of all sexual assault incidents, for each and every incident reported Supervisory review of all sexual assault cases is encouraged This form is not intended for use when the victim is a minor Agency ORI Incident # Case # Name of Person Who Contacted Police (optional on information reports) Method Report Received 911 Call Non emergency number Online Other (describe) Address of Person Who Contacted Police City State Zip Code Telephone: Home Work Cell Email Relationshi p to Victim Others Present with Victim During Interview Location of Interview Hospital On Scene At Department Other (describe) Dates Date of Report (mm/dd/yyyy) Time of Report Date(s) of Incident (mm/dd/yyyy) Time of Incident From __ To __ Vi ctim Victim's identifying or contact information may be exempt from disclosure under the Freedom of Information Act and Crime Victim's Rights Act or if this is a blind report. Last Name First Name Middle Name Any Aliases Primary Language Special Ne eds, Disability, Requests, etc. Race/Ethnicity Sex M F Date of Birth (mm/dd/yyyy) Height Weight Address City State Zip Code Telephone: Home Work Cell Email Emergency Contact Emergency Contact Telephone Best Way to Safely Contact Victim Victim Demeanor Observed at Time of Interview (sele ct all that apply) Include detailed description in narrative ) Tj ET Q q 0.24 0 0 0.24 97.32007 256.95cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Angry ) Tj ET Q q 0.24 0 0 0.24 137.7146 256.95 cm BT 0.0078Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Calm/Controlled Confused Other (describe): ) Tj ET Q q 0.24 0 0 0.24 97.32007 245.67cm BT 0.0104 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Withdrawn/ Quiet Flat Affect ) Tj ET Q q 0.24 0 0 0.24 213.1687 245.67 cm BT 0.0078 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Nervous/Agitated ) Tj ET Q q 0.24 0 0 0.24 288.8469 245.67cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Shaking ) Tj ET Q q 0.24 0 0 0.24 330.4763 245.67cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Afraid/ Fearful Are there any injuries? Y N If yes, detail in narrative Follow up needed Does the victim report pain? Y N If yes, describe Were weapons used to hurt/injure/threaten? Y N If yes, detail in narrative Follow up needed Does the victim believe she/he may have been drugged? Y N If yes or unsure, detail in narrative Unsure Did the victim voluntarily consume alcohol Y N within 24 hours of incident? Follow up needed If yes, detail in narrative Did the victim voluntarily take oth er controlled substance within 96 hours of incident? Y N Y N Follow up needed If yes, detail in narrative Has sexual abuse by suspect been ongoing? Y N If yes, how long? Follow up needed Any other known or possible victims? Y N If yes, list names and contact information Follow up needed Victim Assistance Checklist Victim's Personal Safety Concerns Addressed Sexual Assault Victim Rights and Services Information V ictim Given Department Contact Information Crime Victim's Rights and Compensation Information Provided

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! 9:: International Association of Chiefs of Police Page ____ of ____ Case # ___________________________ Incident Information Location of Interactio n Before Assault(s) ( detail in narrative) Location(s) of Assault(s) ( detail in narrative) Locations Suspect Took Victim After the Assault(s) (detail in narrative) Type of Coercion/Force/Fear Involved (select all that apply) Disregarding the victims stated or otherwise communicated lack of consent Verbal pressure/coercion Position of authority (teacher, supervisor, boss, parent) Presence of weapon Threat of physical force or violence Physical force Threat of death Abduction Stalking Victim was incapacitated (see below) Physical restraint Other_____________________________ Physical force Describe all types of coercion/force/fear involved. (Include detailed description in narrative) Type of Assault (select all that apply) Attempted Completed Rape (penile/vaginal penetration against the will, by force, threat, or intimidation) Forced sodomy (penile/anal penetration against the will, by force, threat, or intimidation) Forced oral genital contact (oral co pulation) Forced sexual penetration with an object or finger Sexual battery ( forced touching of intimate parts, fondling, kissing, oral contact but not penetration) Physical assault/battery Strangulation Other (describe) Additional Crimes to be Inves tigated: Initial Investigation Victim Medical Treatment (select all that apply) First aid rendered Medical exam Forensic exam/rape kit Admitted to hospital Will seek own Declined Where By :________________________ Whom :________________________ Date:____________________ Suspect Forensic Exam Conducted? Y N Follow up needed If yes, by whom? _______________ Date ________ Photos Taken By __________________ Date Taken _______________ Digital Polaroid 35 mm Video Victim injuries Suspect inj uries Crime scene(s) Property damage Evidence Collected (select all that apply) Physical evidence (i.e. clothing, sheets, tissue) (list) By Whom ________________ uspect polygraph Pretext phone call Location Stored ____________________________ Analyzed Y N Property damage (list) _________________________ Weapons (list) ______________________

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! 9:; 911 print out Forensic exam report Toxicology report Follow up needed, specify Follow up needed, specify Victim Attached Y N Suspect Attached Y N International Association of Chiefs of Police Page ____ of ____ Case # ______________________ Suspect Photocopy and complete the following information for each suspect on a separate page and attach to the report. No. of Suspects Last Name (Suspec t # ) First Name Middle Name Aliases Height Weight Hair Color Eye Color Race/Ethnicity Sex ) Tj ET Q q 0.24 0 0 0.24 316.8101 514.23 cm BT 37 0 0 37 0 0Tm /TT22 1 Tf (M ) Tj ET Q q 0.24 0 0 0.24 329.708 514.23 cm BT 0.0067 Tc37 0 0 37 0 0 Tm /TT22 1 Tf (F Date of Birth (mm/dd/yyyy) Social Security No. Driver's License No./State Address City State Zip Code Telephone: Home Work Cell Email Primary Language (if not English) Suspect's Defining Characteristics (i.e. tattoos, scars, physical disabilities, etc.) Suspect on Scene ) Tj ET Q q 0.24 0 0 0.24 159.283 449.19cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 173.0071 449.19cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N Suspect Arrested ) Tj ET Q q 0.24 0 0 0.24 391.907 449.19cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 405.6311 449.19cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (N If Yes, Arrest Number Suspect Conduct Prior to Incident (select all that apply) Incl ude detailed description as gathered from interviews of suspect, victim, and associated persons in narrative ) Tj ET Q q 0.24 0 0 0.24 460.8313 426.39cm BT 0.0088 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Grooming (i.e. targeting vulnerability, testing boundaries, building trust) ) Tj ET Q q 0.24 0 0 0.24 251.177 415.83cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Electronic contact (i.e. internet, text messaging) ) Tj ET Q q 0.24 0 0 0.24 97.32007 405.03cm BT 0.0031 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Isolating victim ) Tj ET Q q 0.24 0 0 0.24 154.5281 405.03cm BT 0.0093 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Monitoring victim (tracking patterns of conduct) ) Tj ET Q q 0.24 0 0 0.24 316.3479 405.03cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Providing alcohol/controlled substances Other (describe) Relationship to Victim (select all that apply) ) Tj ET Q q 0.24 0 0 0.24 240.8806 364.95 cm BT 37 0 0 37 0 0 Tm /TT231 Tf ( Recent acquaintance ) Tj ET Q q 0.24 0 0 0.24 97.32007 340.47cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Casual acquaintance of victim )Tj ET Q q 0.24 0 0 0.24 204.1775 340.47 cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT221 Tf [ (Friend (non romantic) Internet relationship ) Tj ET Q q 0.24 0 0 0.24 97.32007 329.67 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Planned first meeting/date ) Tj ET Q q 0.24 0 0 0.24 191.8772 329.67 cm BT 0.0031Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Intimate partner/dating ) Tj ET Q q 0.24 0 0 0.24 274.5339 329.67 cm BT 0.0067 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Former intimate partner/dating ) Tj ET Q q 0.24 0 0 0.24 382.6086 329.67cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Domestic partner Married ) Tj ET Q q 0.24 0 0 0.24 149.8215 319.11 cm BT 0.0062Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Legally separated Divorced ) Tj ET Q q 0.24 0 0 0.24 248.0613 319.11cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Father of children Cohabitating Neighbor ) Tj ET Q q 0.24 0 0 0.24 389.7893 319.11cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Parent of victim Relative of victim Position of authority Co worker ) Tj ET Q q 0.24 0 0 0.24 279.0295 308.55cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Stran ger ) Tj ET Q q 0.24 0 0 0.24 97.32007 297.99 cm BT 0.0088Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Other (describe) Suspect Demeanor as Observed at Time of Interview (select all that apply) Include detailed description in narrative ) Tj ET Q q 0.24 0 0 0.24 440.52 335.43 cm BT 0.0073 Tc37 0 0 37 0 0 Tm /TT22 1 Tf [ (Angry ) Tj ET Q q 0.24 0 0 0.24 468.6011 335.43cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Apologetic ) Tj ET Q q 0.24 0 0 0.24 440.52 324.87 cmBT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Belligerent ) Tj ET Q q 0.24 0 0 0.24 484.1929 324.87cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Calm/controlled ) Tj ET Q q 0.24 0 0 0.24 440.52 314.31cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Confused ) Tj ET Q q 0.24 0 0 0.24 480.9146 314.31 cm BT 0.0078Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Nervous/Agitated ) Tj ET Q q 0.24 0 0 0.24 440.52 303.75cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Threatening ) Tj ET Q q 0.24 0 0 0.24 440.52 292.95cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Tearful/Crying ) Tj ET Q q 0.24 0 0 0.24 440.52 282.39cm BT 0.0104 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Withdrawn /Quiet/Flat Affect Other (describe) Did the Suspect Consume Alcohol Within 24 Hours Prior to Incident? ) Tj ET Q q 0.24 0 0 0.24 323.7747 242.07cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 337.4988 242.07cm BT 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Follow up needed Did the Suspect Take Controlled Substances Within 96 Hours Prior to Incident? ) Tj ET Q q 0.24 0 0 0.24 396.4988 237.03 cm BT 37 0 0 37 0 0 Tm/TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 410.2229 237.03 cm BT 37 0 0 37 0 0Tm /TT22 1 Tf (N If yes, detail in narrative Follow up needed Visible Suspect Injuries? ) Tj ET Q q 0.24 0 0 0.24 499.5088 249.27 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 513.2329 249.27cm BT 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative : Suspect History Arrest record ) Tj ET Q q 0.24 0 0 0.24 146.1301 186.15cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 159.8542 186.15cm BT 37 0 0 37 0 0 Tm /TT26 1 Tf ( N Prior sexual assault offenses ) Tj ET Q q 0.24 0 0 0.24 197.8406 175.59 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 211.5647 175.59 cm BT 37 0 0 37 0 0Tm /TT26 1 Tf ( N Currently on parole ) Tj ET Q q 0.24 0 0 0.24 301.5647 175.59 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 315.2888 175.59cm BT 37 0 0 37 0 0 Tm /TT26 1 Tf ( N Prior use of weapons in a sex related offense Curren tly on probation ) Tj ET Q q 0.24 0 0 0.24 326.262 164.79cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 339.9861 164.79cm BT 37 0 0 37 0 0 Tm /TT26 1 Tf ( N Subject of protection order(s) ) Tj ET Q q 0.24 0 0 0.24 198.6536 154.23 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 212.3777 154.23cm BT 37 0 0 37 0 0 Tm /TT26 1 Tf ( N Date(s) _______________________ Type(s) ________________________________ Associated Persons Photocopyandcompletethefollowinginformationforeachwitnessonaseparatepageandattachtothereport. Last Name (Witness # ) First Name Middle Name Aliases Height Weight Hair Color Eye Color

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! 9:< Race/Ethnicity Sex ) Tj ET Q q 0.24 0 0 0.24 311.53 704.55 cm BT 37 0 0 37 0 0Tm /TT22 1 Tf (M ) Tj ET Q q 0.24 0 0 0.24 324.428 704.55 cm BT 0.0067 Tc37 0 0 37 0 0 Tm /TT22 1 Tf (F Date of Birth (mm/dd/yyyy) Social Security No. Driver's License No./State Address City State Zip Code Telephone: Home Wo rk Cell Email Relationship to Victim (see above categories) Relationship to Suspect (see above categories) Aware of Incident ) Tj ET Q q 0.24 0 0 0.24 156.4001 629.19cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 170.1243 629.19cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N Contact with Victim Prior to Incident ) Tj ET Q q 0.24 0 0 0.24 430.9114 634.47 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 444.6355 634.47 cm BT 0.0078Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Contact with Suspect Prior to Incident ) Tj ET Q q 0.24 0 0 0.24 495.1143 629.19 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 508.8384 629.19 cm BT 37 0 0 37 0 0Tm /TT22 1 Tf (N If yes, detail in narrative Present During Incident ) Tj ET Q q 0.24 0 0 0.24 176.5007 601.11 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 190.2249 601.11 cm BT 0.0078Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Contact with Victim After the Incident ) Tj ET Q q 0.24 0 0 0.24 425.6399 596.07 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 439.364 596.07cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Did Victim Disclose ) Tj ET Q q 0.24 0 0 0.24 162.5261 567.99cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 176.2502 567.99cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Contact with Suspect After the Inci dent ) Tj ET Q q 0.24 0 0 0.24 452.1631 573.03 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 465.8872 573.03cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf (N If yes, detail in narrative Did Suspect Disclose ) TjET Q q 0.24 0 0 0.24 516.78 573.03 cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT221 Tf (Y ) Tj ET Q q 0.24 0 0 0.24 530.5042 573.03 cm BT 0.0078 Tc 37 0 0 37 0 0Tm /TT22 1 Tf (N If yes, detail in narrative International Association of Chiefs of Police Page ____ of ____ Case # ______________________ Interview History Date(s) _____________ Time __________ ______ Location _____________________________ Officer Initials ____________ Victim ______________________ ___ Suspect(s) ___________________________ Associated Person(s) ______________ CaseReviewChecklist Selectallthatapply ) Tj ET Q q 0.24 0 0 0.24 97.32007 396.15cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Follow up photos take n of the victim's injuries ) Tj ET Q q 0.24 0 0 0.24 124.8035 385.59cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Available witness(es) interviewed ) Tj ET Q q 0.24 0 0 0.24 97.32007 364.71 cm BT 0.0104Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Witness(es) provided a written statement ) Tj ET Q q 0.24 0 0 0.24 97.32007 343.59cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Unable to contact or interview the following person(s) ) Tj ET Q q 0.24 0 0 0.24 161.3088 333.03 cm BT 0.0078 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Case referred to the prosecutor's office Contacts Initiated by Police (select all that appl y) ) Tj ET Q q 0.24 0 0 0.24 239.1599 345.75cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Community based advocate ) Tj ET Q q 0.24 0 0 0.24 339.8562 345.75 cm BT 0.0078 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Dept./Victim/Witness advocate ) Tj ET Q q 0.24 0 0 0.24 239.1599 335.19cm BT 0.0062 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Language translation ) Tj ET Q q 0.24 0 0 0.24 321.0081 335.19cm BT 0.0093 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Medical ) Tj ET Q q 0.24 0 0 0.24 355.2415 335.19 cm BT 0.0093Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Mental health ) Tj ET Q q 0.24 0 0 0.24 239.1599 324.63cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Probation/Parole ) Tj ET Q q 0.24 0 0 0.24 302.9377 324.63cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Prosecutor ) Tj ET Q q 0.24 0 0 0.24 347.428 324.63cm BT 0.0088 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Other agency Contacts Initiated by Victim (select all that apply) ) Tj ET Q q 0.24 0 0 0.24 470.28 345.99cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Community based advocate )Tj ET Q q 0.24 0 0 0.24 502.2898 335.19 cm BT 0.0093 Tc 37 0 0 37 0 0 Tm /TT221 Tf [ (Medical ) Tj ET Q q 0.24 0 0 0.24 470.28 324.63cm BT 0.0093 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Mental heal th ) Tj ET Q q 0.24 0 0 0.24 470.28 314.07cm BT 0.0088 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Other Evidence Follow Up (select all that apply) ) Tj ET Q q 0.24 0 0 0.24 97.32007 289.35cm BT 0.0054 Tc 33 0 0 33 0 0 Tm /TT22 1 Tf [ (Victim Attached Suspect Attached ) Tj ET Q q 0.24 0 0 0.24 204.7302 289.35 cm BT 0.0067 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Forensic exam results DNA results )Tj ET Q q 0.24 0 0 0.24 327.1443 289.35 cm BT 0.0054 Tc 33 0 0 33 0 0 Tm /TT221 Tf [ (Victim Attached Suspect Attached ) Tj ET Q q 0.24 0 0 0.24 439.5544 289.35cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Toxicology results ) Tj ET Q q 0.24 0 0 0.24 507.4279 289.35 cm BT 0.0088 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Other Officer Printed Name ____________________________ Rank ______________ ________ Officer Signature ________________________________ Badge Number ______________________ Date (mm/dd/yyyy) ______________________ Investigator Printed Name _______________________ Rank _____________________ Investigator Signature ______________________ ________ Badge Number ______________________ Date (mm/dd/yyyy) ______________________ Supervisor Printed Name ____________________________ Rank __________________ Supervisor Signature _____________________________ Badge Number ______________________ Date (mm/d d/yyyy) ______________________ This project was supported by grant no. 2005 WT AX K077 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are t hose of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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! 9:= International Association of Chiefs of Police Page ____ of ____ Case # ________________ Officer Narrative ( See next page) Narrative Report Checklist Describe and Document: ) Tj ET Q q 0.24 0 0 0.24 97.32007 542.07 cm BT 0.0078Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (How case was received )Tj ET Q q 0.24 0 0 0.24 97.32007 531.51 cm BT 0.0088 Tc 37 0 0 37 0 0 Tm /TT221 Tf [ (Observations on approach document what you saw, heard, etc. ) Tj ET Q q 0.24 0 0 0.24 97.32007 520.71cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Spontan eous statements and demeanor at time of statement ) Tj ET Q q 0.24 0 0 0.24 97.32007 496.23cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Victim ) Tj ET Q q 0.24 0 0 0.24 97.32007 485.67 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Victim during transport ) Tj ET Q q 0.24 0 0 0.24 97.32007 474.87 cm BT 0.0073 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Suspect ) Tj ET Q q 0.24 0 0 0.24 97.32007 464.31cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Suspect during tr ansport and booking ) TjET Q q 0.24 0 0 0.24 97.32007 439.83 cm BT 0.0031 Tc 37 0 0 37 0 0 Tm /TT221 Tf [ (Injuries of all parties ) Tj ET Q q 0.24 0 0 0.24 97.32007 429.03cm BT 0.0067 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Type and extent ) Tj ET Q q 0.24 0 0 0.24 97.32007 404.55cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (How the injuries occurred ) Tj ET Q q 0.24 0 0 0.24 97.32007 393.99cm BT 0.0031 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Interview and provide detailed account of incident ) Tj ET Q q 0.24 0 0 0.24 97.32007 369.27 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Victim )Tj ET Q q 0.24 0 0 0.24 97.32007 358.71 cm BT 0.0073 Tc 37 0 0 37 0 0 Tm /TT221 Tf [ (Suspect ) Tj ET Q q 0.24 0 0 0.24 97.32007 348.15cm BT 0.0104 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Witness(es), esp. first disclosure Medical personnel ) Tj ET Q q 0.24 0 0 0.24 97.32007 323.43cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Drugs/alcohol used/involved ) Tj ET Q q 0.24 0 0 0.24 97.32007 312.87cm BT 0.0104 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Weapons us ed/involved ) Tj ET Q q 0.24 0 0 0.24 97.32007 302.31 cm BT 0.0078 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (Coercion, force, fear ) Tj ET Q q 0.24 0 0 0.24 97.32007 291.75cm BT 37 0 0 37 0 0 Tm /TT26 1 Tf (C rime scene and physical evidence ) Tj ET Q q 0.24 0 0 0.24 97.32007 280.95 cm BT 0.0073Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Actions taken (i.e. evidence collected, arrest decision, exams, follow up photographs and interviews) ) Tj ET Q q 0.24 0 0 0.24 433.5237 280.95cm BT 0.0078 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (Documents included with report (search/arrest warrants, affidavits, subpoenas, )Tj ET Q q 0.24 0 0 0.24 250.7551 270.39 cm BT 0.0062 Tc 37 0 0 37 0 0 Tm /TT221 Tf (91 1 print out, ) Tj ET Q q 0.24 0 0 0.24 303.8455 270.39cm BT 0.0062 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (pretext phone call synopsis, ) Tj ET Q q 0.24 0 0 0.24 403.7375 270.39 cm BT 0.0031 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (transcripts, ) Tj ET Q q 0.24 0 0 0.24 448.6365 270.39 cm BT 0.0057 Tc 37 0 0 37 0 0Tm /TT22 1 Tf [ (crime lab reports, ) Tj ET Q q 0.24 0 0 0.24 97.32007 259.83cm BT 0.0057 Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (victim/suspect forensic exam reports, ) Tj ET Q q 0.24 0 0 0.24 227.5476 259.83 cm BT 0.0062Tc 37 0 0 37 0 0 Tm /TT22 1 Tf [ (photos, etc.) International Association of Chiefs of Police Page ____ of ____ Case # ______________________ Officer Narrative ( Contin ued) Use additional pages as needed.

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! 9:> International Association of Chiefs of Police Page ____ of ____ Case # ______________________ Victim / Suspect / Witness Interview Photocopy and complete one for each interview and attach to report. Note: Du e to the nature of trauma and sexual assault, victims may find it difficult to recall the incident chronologic ally or remember details fully, following the incident. This is a preliminary statement. As additional details are recalled and as the investigation e volves, additional interviews are warranted. International Association of Chiefs of Police Page ____ of ____ Case # Victim/ Suspect / Witness Interview ( Continued) Use additional pages as needed. International Association of Chiefs of Police Page ____ of ____