05-05 Sexual Assault Flashcards
What is the Rationale?
Compliance with this procedure will ensure a sexual assault investigation is conducted in a timely and effective manner, balancing the needs of the victim with the requirements of the investigation, and the Toronto Police Service’s (Service) on–going commitment to support and assist victims of crime and members of the community.
Supervision -
Supervisory Officer attendance mandatory
Divisional Sexual Assault Investigator attendance mandatory
Officer in Charge notification mandatory at the scene of a sexual assault
Divisional Sexual Assault Investigator or Divisional Investigator notification mandatory at the scene of a sexual
assault
Sex Crimes and Professional Standards notification mandatory when suspect/accused is a member of this Service
Procedure -
The divisional sexual assault investigator, or in their absence, a divisional investigator SHALL take charge of the _______ They SHALL attend the scene, attend where the victim is located or attend any additional location deemed necessary. The_______will assume responsibility to ensure the needs of the victim are met and ensure effective management of the crime scene, including the gathering of evidence. The victim SHALL be afforded privacy and consideration.
sexual assault investigation without delay in order to conduct a preliminary investigation.
divisional sexual assault investigator
Procedure - Only the_______, the divisional sexual assault investigator, or in their absence, a divisional investigator, may request the assistance of the ______once the preliminary investigation has been conducted.
A preliminary investigation SHALL be conducted prior to contacting Sex Crimes.
Officer in Charge
Detective Operations – Sex Crimes (Sex Crimes) through the Toronto Police Operations Centre (TPOC)
Procedure - Ontario Regulation 354/04 (Major Case Management) made under the Police Services Act defines_________ as major cases. The Ontario Major Case Management Manual (OMCMM) directs that a primary investigator be assigned to manage a major case. All case documents, hard–copy and electronic, SHALL be collected and managed in accordance with the filing system set out in the OMCMM.
“sexual assaults, including sexual interference, and attempted sexual assaults, sexual exploitation and invitation to sexual touching”
Divisional Sexual Assault Investigator -
Divisional sexual assault investigators SHALL be responsible for
investigations that do not fall within the mandate of Sex Crimes. Historical familial sexual assaults, and those where the suspect is known will generally be handled by the divisional sexual assault investigators.
Divisional Sexual Assault Investigator - When investigating complaints of historical sexual assault, officers are reminded to be sensitive to the possibility that the person reporting the incident may be experiencing a wide range of______ and other symptoms of crisis or distress. These reactions may have a significant impact on the dynamics of the investigation including the________.
As with recent sexual assault investigations, the MO field in eReport SHALL be completed for historical sexual assaults.
victim anxiety reactions including symptoms of Post-Traumatic Stress Disorder (PTSD)
interview with the person who has experienced the sexual assault
Divisional Sexual Assault Investigator - A divisional sexual assault investigator SHALL be assigned as the lead investigator in all sexual assault cases except
where the victim is under sixteen (16) years of age, a child sexual abuse investigator SHALL conduct the investigation in compliance with Procedure 05–06
when the incident arises out of a intimate partner violence situation as defined in Procedure 05–04, a Intimate Partner Violence Investigator (IPVI) SHALL be assigned as the lead investigator but SHALL work in conjunction with an accredited sexual assault investigator
when the incident involves child pornography or child luring as defined in Procedure 05-24, the Internet Child Exploitation Section (ICE) SHALL be notified and will assume control over the investigation.
when the incident involves human trafficking for the purpose of exploiting persons or facilitating their exploitation for a sexual and/or forced labour purpose as defined in Procedure 05-31, the Human Trafficking Enforcement Team (HTET) SHALL be notified.
Notification and Assignment of Detective Operations – Sex Crimes - Sex Crimes SHALL be notified of any sexual assault where, it is determined:
the offender is unknown
there is ongoing risk to the community
the occurrence involves an offence under s. 272 or 273 of the CC (sexual assault with a weapon, sexual assault
causing bodily harm, wounds, maims, disfigures or endangers life)
there are multiple victims or multiple suspects
the occurrence involves multiple sexual acts, the use of restraints, bondage or wearing of a disguise by the
offender
the offender records the offence in any manner
the offender removes or keeps any personal item from the victim
the offender uses scripting by having the victim engage in prompted dialogue
the offender uses a con or ruse, including dating services and the internet, to lure the victim
the sexual assault is linked to another sexual assault occurrence
to be a criminal offence, by an unknown offender, where sexual assault appears to have been the motive
Notification and Assignment of Detective Operations – Sex Crimes - Upon conclusion of a preliminary investigation, Sex Crimes in consultation with the preliminary investigators will determine
who will take charge of an investigation, which will be based on a risk assessment.
After business hours, the on-call Sex Crimes investigator can be contacted through TPOC.
The Unit Commander – Sex Crimes may, upon conclusion of preliminary investigation, at their discretion, take charge of any sexual assault investigation.
Incidents Involving a Member of a Police Service -
Members SHALL initially consider whether the sexual assault situation being investigated may fall within the mandate of the Special Investigations Unit (SIU). If so, responding members SHALL comply with the relevant sections of Procedure 13– 16.
responding members SHALL comply with the relevant sections of Procedure 13– 16.
Incidents Involving a Member of a Police Service - All allegations arising from a sexual assault incident in which the suspect/accused is a member of another police service SHALL be
reported in a timely manner to the Duty Officer of that police service by the Unit Commander of the Service division handling the investigation, or by the Duty Senior Officer – TPOC (Duty Senior Officer).
Incidents Involving a Member of a Police Service - Sexual assault situations where the suspect/accused is a member of this Service SHALL be directly reported to
Sex Crimes who will conduct the preliminary investigation. Upon conclusion of the preliminary investigation, the Unit Commander of Sex Crimes/Duty Senior Officer or Sex Crimes investigator, SHALL notify PRS who will assume the role of case manger. Sex Crimes will assist PRS as required.
Incidents Involving a Member of a Police Service - PRS is designated as the Service liaison with other police services regarding Service member–involved sexual assault occurrences, and SHALL be responsible for
submitting a TPS 901 in compliance with the relevant procedures in Chapter 13.
Child & Youth Advocacy Centre (CYAC) - The CYAC is a section of Sex Crimes that
promotes the protection of victims; provides advocacy, treatment and ongoing support.
Child & Youth Advocacy Centre (CYAC) - The CYAC will investigate child sexual and physical abuse cases that include
physical assaults, emotional abuse, or neglect occurrences when the victim is under the age of sixteen (16) and
the suspect is a caregiver, parent or a person in a position of trust or authority
physical assaults when the victim is under the age of sixteen (16) years and the suspect is a known adult
sexual offences when the victim is under the age of eighteen (18) years, the suspect is known and the offences are not within the mandate of the Sex Crimes investigative office
occurrences entitled Child in Need of Protection or Child Left Unattended.
Police officers SHALL comply with Procedure 05–06 when investigating child sexual and physical abuse cases.
When the victim(s) is under the age of eighteen (18) years and the offender(s) is unknown contact Sex Crimes Investigative Section.
Victim Interview -
Only an accredited sexual assault investigator SHALL ______. Interviews SHALL be conducted in a ____
conduct detailed interviews with the victim
private and victim appropriate environment that provides for the safety and security of the victim.
Victim Interview -
The investigator may wish to delay the interview based on careful consideration of the _____. Where operationally possible every effort should be made to provide an interviewer of the victim’s preferred _____.
condition of the victim and the information and evidence that is already available
gender
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) -
The Scarborough Hospital (Birchmount Campus) - 3030 Birchmount Rd. 12 years and older
SickKids Hospital - 555 University Ave. under 18 years
Women’s College Hospital - 76 Grenville St. 14 years and older
Trillium Health Centre – Mississauga - Hwy 10/Queensway - any age
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - Prior to transporting or attending the Women’s College Hospital (WCH) SA/DVCC, officers must contact the
twenty four (24) hour on-call switchboard number at 416-323-6400 and press “0”. The operator will then transfer officers to the on- call SA/DVCC nurse.
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - WCH SA/DVCC is open twenty four (24) hours/seven (7) days per week.
Patients can access services at WCH or at one of their seven (7) mobile emergency department sites: _______ The SA/DVCC nurse can be reached by telephone and will arrange to see the victim at the above noted hospitals.
Mount Sinai, Toronto General Hospital, Toronto Western Hospital, Michael Garron Hospital, St. Joseph’s Health Centre, Sunnybrook Health Sciences Centre and St. Michael’s Hospital.
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - There is no longer an Emergency Department at WCH. Therefore patients who require immediate medical assessment or treatment will need to be assessed by a ______. The emergency department provider will contact _______. Patients who do not require emergency department services can be transported directly to WCH.
physician at the closest emergency department
WCH when the patient is medically cleared
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - Women’s College SA/DVCC operates under the “________” and SHALL be contacted for all _____
Divisional Sexual Assault Investigator SHALL ____
Acute Mandate
sexual assault victims where the offence occurred within the previous twelve (12) days.
attend the scene, where the victim is located or any additional location deemed necessary and take charge of the investigation without delay.
CFS Evidence Web-Submission System -
All submissions to the Centre for Forensic Sciences (CFS) are now made through the_____. Service members will submit evidence forms online via the interactive web application; obtain submission approval, packaging labels and track submission status. The system requires all evidence to undergo an ______, resulting in notification of which items are approved for submission to CFS.
CFS Evidence Web-Submission System
online pre- submission review
Police Officer - The first police officer SHALL be responsible for the
safety and wellbeing of the victim, offender management, and preservation of the evidence and crime scene while awaiting the arrival of an appropriate investigator.
Police Officer - Upon arrival at the scene of a sexual assault SHALL
advise the communications operator of relevant information for broadcast such as the description of the suspect (if available), direction of travel, etc.
preserve the crime scene for physical and trace evidence and await the arrival of a divisional sexual assault investigator or Detective Operations – Forensic Identification Services (FIS) officer to take charge of the scene
conduct a preliminary investigation by obtaining from the victim
the name, address and other necessary particulars of the victim
the date, time and location of the incident
suspect identification and/or description
brief overview and/or description of occurrence
if the victim is under the age of eighteen (18) years comply with Procedure 05–06
where the victim has special needs (e.g. interpretation, sign language, physical and other disabilities, or cultural
differences) ensure the appropriate individual or agency is contacted for assistance
when interpreting services are required, contact Multilingual Community Interpreter Services (MCIS) and note the applicable details in the eReport
comply with Procedure 04–09 where MCIS is unable to assist
MCIS will provide free interpretation services to TPS during the investigation of all sexual, intimate partner violence and human trafficking related occurrences, irrespective of the age of the victim or the suspect/accused. MCIS interpreters will provide their services to all involved parties, including the accused up until the time that a formal charge has been laid, (Information has been sworn before a Justice).
Police Officer - Upon arrival at the scene of a sexual assault SHALL (2)
advise the victim that a detailed statement will be obtained by a sexual assault investigator
request that a supervisory officer attend the scene
notify the Officer in Charge of all pertinent details
complete notification section in eReport
except where physical injuries warrant immediate transfer to the nearest hospital, consult with the divisional sexual assault investigator, or in their absence, a divisional investigator to determine whether the circumstances of the sexual assault dictate that the victim be transported to a SA/DVCC
An oral swab from the victim’s mouth and swabs from any area touched by the offender should be considered.
be guided by the Centre for Forensic Sciences (CFS) Police Submission Guidelines for the Sexual Assault Examination Kit (SAEK) (Appendix B)
where a report is made within seventy two (72) hours to twelve (12) days of the incident, SHALL advise the victim of the importance of attending a hospital with a SA/DVCC for the purposes of a medical evaluation, as well as the gathering of potential forensic evidence
Consider potential to gather forensic evidence up to twelve (12) days of the incident, if suspected penile penetration of vagina.
Police Officer - Upon arrival at the scene of a sexual assault SHALL (3)
where a report is made after twelve (12) days of the incident, encourage the victim to seek medical attention for the purpose of personal safety and security
if transportation by ambulance is not necessary, consider the use of an unmarked vehicle when transporting the victim to a SA/DVCC
to reduce the necessity for the victim to recount the incident, accompany the victim to the treatment facility, and where operationally possible, wait for the victim until the completion of the medical examination at the SA/DVCC
request the victim postpone voiding whenever possible until after the medical examination, but if voiding is necessary advise the victim to avoid wiping the genital area or to save the tissue for later submission with the sexual assault kit
advise the victim not to bathe or change their clothes until after the medial examination. If clothes are to be changed, ensure clothes are seized for later submission with the sexual assault kit
arrange for the victim to obtain a change of clothing
Consider penile swab, incident to arrest, in consultation with divisional sexual assault
investigator.
comply with Procedure 17–01 at the direction of the assigned investigator
Police Officer - Upon receiving sufficient information SHALL
If known, conduct a Person Query, including a CPIC and Canadian Firearms Registry On-Line (CFRO) check
determine if the suspect/accused owns, possesses or has access to weapons, firearms, ammunition, explosives or the related authorizations, licences, certificates or permits and comply with Procedure 05–21
consider using the search and seizure provisions contained in s. 117 CC to minimize any subsequent risk to the victim
obtain the type of information contained in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety
complete the applicable eReports, including
the applicable MO Detail page
applicable details of the victim interview
the attendance or reason for non–attendance of the supervisory officer
the information contained in Chapter 5, Appendix A
not make any comments in the report on the validity or truth of the complaint
notification of supervisors and divisional sexual assault investigators
A Firearms Interest Police (FIP) entry will be auto-generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence, but assists in the initial screening process or subsequent review by a Chief Firearms Officer.
if the situation varies from the original event type and does not require any further investigation
‒ obtain a divisional supervisory officer’s badge number and approval to change the event type
‒ request the communications operator to change the event type to reflect the true situation
scan and attach all memorandum book notes and hardcopy reports to the original eReport
where violence or injury has occurred, the suspect can be identified, or an accurate suspect description is
available, select Yes for the BOLO option when completing the suspect Entities page
Records Management Services – Operations will create and post a BOLO.
Police Officer - Details of the preliminary investigation SHALL be recorded in the memorandum book, including
results of the preliminary interview of the victim including
description of the suspect(s)
complaints of injury
any visible injuries
results of the preliminary contact with the suspect including
all spontaneous statements (comply with Procedure 04–32)
condition of clothing
signs of a struggle (injuries)
signs of drug or alcohol use
