Case reviews for Sexual Assault investigations

 

Definitions

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

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.

Standards

Case reviews

The Chief Constable, Chief Officer or Commissioner must:

(1) Establish a process and selection criteria for bi-annual (every 24 months) reviews of files for which the incident clearance status was not ‘founded-cleared by charge’ (i.e., ‘unfounded’, ‘founded-not cleared’, ‘founded-cleared otherwise’) to identify any issues or concerns with the investigation and take action as appropriate.

(2) Establish a review process and associated written procedures or business rules regarding case reviews of concluded Sexual Assault investigations and require at a minimum:

(a) the creation of a review team or committee consisting of individuals with varied and pertinent subject matter expertise;
(b) a schedule for periodic reviews of concluded Sexual Assault investigations;
(c) the establishment of a criteria to determine cases subject to the review; and
(d) a checklist, to assist the review team or committee in their assessment of, at a minimum, whether the investigation included:

(i) Victim-Centered Approaches and Trauma-Informed Practices, including trauma-informed interviewing practices,
(ii) an investigating officer with the appropriate training, skills, and interviewing knowledge,
(iii) active supervision,
(iv) compliance with law,
(v) compliance with policies and procedures in the police force, and
(vi) that the file is scored correctly (including the correct clearance on the Uniform Crime Report, and that the clearance was updated as appropriate as necessary or applicable);

(e) that the findings of the reviews inform policies and procedures in the police force, training needs, or other means to improve investigations; and
(f) that processes be in place regarding any actions that must be taken if the review determines that further investigative steps or follow up may be required.

(3) A report, or reports, summarizing the reviews referred to in Standards (1) and (2) above is provided to the Board or, in the case of the provincial police force, the Commissioner.