Intake and investigations of Sexual Assaults

 

Definitions

Cultural Safety: Physically, socially, emotionally and spiritually safe environment created by recognizing and respecting the cultural identities of others and considering social and historical contexts as well as structural and interpersonal imbalances.

Major Case Management: A methodology for managing major incidents that provides accountability, clear goals and objectives, planning, utilization of resources, and control over the speed, flow and direction of an investigation.

Provincially-Approved Training: Training that has been acknowledged by the Director of Police Services as adequate to meet BC requirements pertaining to training on a specific topic or set of topics.

Sexual Assault: Touching of an objectively sexual nature to which the Victim did not consent.

Sexual Assault Forensic Examination (SAFE): Set of medical-legal processes performed by a trained health professional that include the collection of biological material, recording relevant patient history, documenting any injuries, and the secure storage of collected samples.

Supportive Accompaniment: Person, service animal, or object to provide emotional (or other) support before, during, and/or after the police interview with the Victim.

Third Party Report: Process which allows Victims, who would otherwise not report to police, to access support and to report details of a Sexual Assault to police through a community-based Victim Services program or other designated community program.

Third Party Report Protocol: Set of procedures for Third Party Reports developed in collaboration between the Ending Violence Association of BC (EVA BC) and the BC Association of Chiefs of Police, and supported by EVA BC, that allows sharing of information between the police and the Victim, through a community-based Victim Services program or other designated community program.

Trauma-Informed Practice: Evidence-based approach that integrates into practice how past and current experiences of violence impact Victim trauma, memory, reactions, and behaviour with a goal to avoid re-traumatization throughout the investigative process and to support Victim safety, choice, dignity and control.

Victim: Individual who is reporting a Sexual Assault against them, also referred to as a survivor or complainant.

Victim-Centered Approach: Practice of putting at the forefront a Victim’s rights, safety, needs, and wishes by offering information, support(s), and options whenever appropriate.

Victim Services: Service, as defined in the Victims of Crime Act [RSBC 1996] Chapter 478, that is designed to assist victims and is provided or funded by the government (i.e., community-based Victim Services, police-based Victim Services, or VictimLinkBC) in the jurisdiction of, or embedded in, the police force.

Violent Crime Linkage Analysis System (ViCLAS): National database that stores information about specified violent or interpersonal crimes, in an effort to identify serial violent offences and offenders.

Standards

Initial contact with the Victim

The Chief Constable, Chief Officer or Commissioner must ensure that:

(1) All reported Sexual Assaults are accepted at the time they are made and are given full consideration, and the following factors must not diminish response:

(a) the characteristics or demeanor (e.g., gender identity or expression, sexual orientation, ethnicity, Indigenous identity, socio-economic status, substance use, etc.) of the Victim or the subject of the complaint;
(b) whether the reported Sexual Assault occurred in the context of an intimate partner relationship consistent with Standard (7)(a) below;
(c) the perceived severity of the reported Sexual Assault;
(d) the length of time since the reported Sexual Assault occurred; and
(e) the jurisdiction in which the reported Sexual Assault occurred subject to Standards (3) and (4) below.

Intake

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(2) Officers assigned to respond to a report of a Sexual Assault will:

(a) treat the Victim with respect and compassion and with understanding of the varied ways in which a Victim may respond to trauma;
(b) consider whether the Victim may face barriers to reporting (including considerations related to Cultural Safety) and the support(s) that could be provided or arranged to be provided (e.g., interpreter, Supportive Accompaniment(s), Elder);
(c) encourage the Victim to seek medical care, provide the Victim with information about the reason for and the importance of accessing medical care, and assist the Victim in accessing medical care if requested or required (e.g., the Victim should seek immediate medical attention if major trauma such as brain injury or strangulation are suspected);
(d) as soon as practicable and consistent with the requirements in the policies and procedures of the police force, Standard (13) of BCPPS 6.1.1 Promoting Unbiased Policing, and Standard (5) below, provide information about, proactively refer the Victim, and encourage access to Victim Services (specifically community-based Victim Services where they exist); and
(e) seek to establish, when the Victim is able and ready to discuss, using Trauma-Informed Practice:

(i) whether there is an ongoing risk to anyone (e.g., to the Victim including children or pets, specific groups, or to the public),
(ii) the need for additional or specialized or other investigative services,
(iii) the identity of and/or the urgency of locating the subject of the Sexual Assault complaint,
(iv) a description of the circumstances, including the location of the incident, and
(v) what offence(s) may have been committed;

(f) based on the circumstances, identify additional investigative steps that may be required as applicable;
(g) notify, brief, and seek approval from their supervisor on:

(i) the investigative steps that should be taken and the prioritization of tasks (e.g., secure the scene, identify and preserve any evidence that may be perishable, establish whether any witness(es) may have relevant information to establish that an offence has occurred, secure relevant digital evidence that may exist such as photo, video, audio recordings),
(ii) whether specialized investigative services are required and the priority for requesting, and
(iii) whether specialized interviewing is necessary, taking into consideration the officer’s skills, training, and experience in relation to the complexity of the case, the age of the Victim, or the emotional or cognitive abilities of the Victim; and

(h) document investigative steps and decisions on the file in a factual, complete, and accurate manner.

Jurisdiction

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(3) The written procedures of the police force provide direction on situations where a Sexual Assault occurred in another policing jurisdiction, and require officers (or other employees receiving the report) to:

(a) take a Victim-Centered Approach throughout the interaction;
(b) refrain from initially advising a Victim to instead contact the police of jurisdiction to report the Sexual Assault;
(c) inform the Victim of the jurisdictional issue and discuss options to assist the Victim in proceeding with the report and further investigative steps;
(d) depending on the Victim’s preferred option, the circumstances of the case and the urgency related to initiating investigative steps, not delay the intake in Standard (2) above pending the resolution of questions concerning jurisdiction;
(e) document decisions and ensure appropriate entry of the report on PRIME, CPIC, and any other relevant police databases;
(f) ensure the transfer of the investigation to the police force of jurisdiction is not considered complete until the police force of jurisdiction has confirmed its receipt of the report, responsibility for the investigation (including confirming communicating with the Victim moving forward), and has generated a file number;
(g) seek supervisor review and approval of the transfer and conclusion of the file;
(h) as soon as practicable, and consistent with Standard (3)(f) above, ensure that the Victim receives an update, the contact information for the police of jurisdiction, the case file number, and other information about next steps for the investigation; and
(i) ensure the file has been concluded using appropriate Uniform Crime Recording incident clearance status coding.

Third Party Report

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(4) Further to Standard (14) of BCPPS 6.1.1 Promoting Unbiased Policing, policies and procedures are in place describing the process for accepting Third Party Reports, consistent with the Third Party Report Protocol, including, but not limited to:

(a) accepting or processing the Third Party Report;
(b) determining any steps that must be taken based on the information in the Third Party Report;
(c) communication with and information to be provided to the community-based Victim Service program making the Third Party Report on behalf of a Victim; and
(d) records management related to the Third Party Report, including completing the Violent Crime Linkage Analysis System (ViCLAS) report where appropriate.

Victim rights and services

The Chief Constable, Chief Officer, or Commissioner must:

(5) Further to Standard (13) of BCPPS 6.1.1 Promoting Unbiased Policing, and consistent with provincial policy related to power-based crimes, and with the Canadian Victims Bill of Rights and the Victims of Crime Act:

(a) ensure that written procedures describe the applicable protocols in the police force for the referral and provision of Victims Services to a Victim of Sexual Assault (including the process for prompt referrals to community-based Victim Services where they exist, or referrals to police-based Victim Services or as per another contracted arrangement in the area of jurisdiction); and
(b) require officers to provide a Victim reporting a Sexual Assault with resources, as appropriate to the circumstance (e.g., pamphlet, card, virtual, or other format), containing at a minimum the following information: 

(i) that Victims have a right to request information about the justice system and their case,
(ii) that Victims have a right to have their security, privacy and views considered,
(iii) the Victim Services available that can assist with understanding and exercising their rights,
(iv) specific information about the process for accessing Victim Services,
(v) the contact information for Victim Services in the jurisdiction, and
(vi) how to register for the Victim notification service;

(c) require officers to encourage the Victim to utilise Victim Services, and to contact Victim Services on behalf of the Victim, consistent with the written procedures required by Standard (5)(a) above; and
(d) require officers to note on the file the steps taken related to Victim Services and whether the Victim accepted or declined services.

Investigations

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(6) Officers responding to a report of a Sexual Assault have:

(a) the appropriate knowledge, skills, abilities, and investigative and interviewing experience appropriate to the nature of the incident or the type of investigation; and
(b) completed Provincially-Approved Training.

(7) Written procedures are in place and include a process or checklist to assess whether a Sexual Assault:

(a) occurred in the context of an intimate partner relationship, in which case it will be investigated following the policies and procedures in the police force on the investigations of intimate partner violence;
(b) is suspected to be serial or predatory in nature, in which case it will be investigated using Major Case Management methodology, consistent with Standard (1) of BCPPS 5.2.1 Threshold and Reporting;
(c) is required by the policies and procedures in the police force to be investigated using Major Case Management methodology, consistent with Standard (2) of BCPPS 5.2.1 Threshold and Reporting; or
(d) should be investigated by a specialized investigative unit or specialized investigators for any other reason, consistent with the procedures in place in the police force.

(8) Written procedures are in place related to investigative decisions and require the officer to consider:

(a) all applicable law;
(b) the importance of avoiding re-traumatizing the Victim;
(c) the rights (including privacy rights) and dignity of the Victim;
(d) the nature of the incident, including when the incident occurred, whether the Sexual Assault involved a stranger or a known assailant, whether the Victim was incapacitated, or whether there were witnesses to the Sexual Assault, in relation to the investigative steps or forensic evidence that may be pursued (e.g., securing items or places on which physical evidence may be present, documenting injuries or damage, whether to submit a ViCLAS report, Sexual Assault Forensic Examination (SAFE)); and
(e) issuing public warnings, based on legal obligations, policies and procedures of the police force, and best practices.

Communication and notification of Victims

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(9) The officer, working with Victim Services must ensure that:

(a) further to Standard (5)(b)(i) above, and taking into consideration the preference of the Victim, the Victim is informed about the status of the investigation, throughout the investigation and as appropriate to the case;
(b) the Victim is updated on the status of the charge approval process;
(c) the Victim is informed of changes to safety-related conditions prior to the release of the subject of the complaint; and
(d) the contact information for the Victim and communication with the Victim is documented on the file.

Information systems and documentation of investigative steps

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(10) Written procedures or business rules are in place that provide direction on file management, documentation, and conclusion including at a minimum on the following matters:

(a) requirements, including timelines for entries in the police record management systems;
(b) the process for modification of entries, if permitted, and the required associated supervision or approval;
(c) the definitions related to incident clearance status, and the application of Uniform Crime Reporting codes, consistent with the requirements and training available from the Canadian Centre for Justice and Community Safety Statistics; and
(d) reporting requirements, including timelines, related to ViCLAS, as required by Standard (1) of BCPPS 5.3.1 Participation in Programs and Systems.

Supervision

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(11) A file is not concluded without documented supervisor review and approval.

(12) A supervisor and/or a specialized unit must review a Sexual Assault file as soon as practicable and as appropriate throughout the duration of the investigation to, at a minimum:

(a) ensure appropriate referrals to Victim Services, ensure that Victim Services are engaged throughout the investigation, and consider what additional supports a Victim may need to overcome barriers;
(b) ensure the Victim was encouraged to seek medical assistance and as appropriate, to consider a SAFE, consistent with Standard (1) of BCPPS 5.4.3 Coordination with Other Sectors;
(c) ensure Victim-Centered Approach, Trauma-Informed Practice, and Cultural Safety throughout;
(d) ensure the officer considered Victim safety, developed safety plans as applicable, and documented decisions appropriately in the file;
(e) ensure that an appropriate investigative approach and resources are provided for the case, consistent with Standards (6) to (8) above; and
(f) ensure the investigation is conducted in a manner consistent with the policies and procedures in place in the police force and that investigative steps were taken as appropriate to the case and consistent with Standard (8) above, and that the information in PRIME is recorded in a factual, complete, and accurate manner, including:

(i) Victim interview(s) completed,
(ii) as appropriate to the case, interview(s) with any witness(es) and/or the subject of the complaint completed,
(iii) interview video (or audio) recordings on the file(s),
(iv) photograph(s) of the Victim’s injuries,
(v) depending on the type of case, appropriate investigative steps were pursued, including securing items or places on which physical evidence may be present, documenting injuries or damage, consultation with specialized services (e.g., Behavioral Science, ViCLAS, and National Sex Offender Registry), and
(vi) obtaining records (e.g., reports, photographs) from the SAFE;

g) ensure a ViCLAS report is completed and submitted;
(h) document the guidance and direction provided to the investigating officer;
(i) ensure the file has been concluded using appropriate Uniform Crime Recording incident clearance status coding, updated as the status of the investigation changes; and
(j) ensure the report to Crown Counsel contains all the essential elements and is complete.

Report to Crown Counsel

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(13) Written procedures or business rules are in place for the processes related to the report to Crown Counsel and related materials, consistent with the Memorandum of Understanding on disclosure, signed between the BC Prosecution Service, the Public Prosecution Service of Canada (BC), and all police agencies in British Columbia.

Safety planning

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(14) Officers, working with the Victim and with Victim Services as applicable:

(a) give due consideration to any release conditions that provide protection or safety for the Victim, witness(es), or the public prior to releasing the subject of the complaint from custody;
(b) assess safety needs during the conduct of the investigation, whether or not the Victim is reluctant to continue engaging with the investigative process;
(c) as appropriate, develop and implement a safety plan in collaboration with the Victim and Victim Services; and
(d) document any safety needs, the steps taken, frequency of follow up, and other related decisions on the file.

(15) If a child witnessed or was present at the time of the Sexual Assault, the officer follows applicable procedures or protocols in place in the police force, including but not limited to:

(a) ensuring the child is provided with appropriate support(s) and assistance (e.g., referral to a regional child and youth advocacy centre where available);
(b) compliance with applicable legislation, including the Child, Family and Community Service Act, as applicable;
(c) notifications that may be required (e.g., Ministry of Children and Family Development After Hours Helpline); and
(d) documentation on the file of the steps taken.

Policies and procedures

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(16) Policies and procedures are consistent with these BC Provincial Policing Standards.