SAU Investigation

Question 1

Can sexual assault conviction be based on victims testimony alone

Answer 1

Yes

Question 2

After telling offices on scene that everything was OK, a female got into the ambulance and told an EMT that she was raped. This is an example of

Answer 2

Excited utterance

Question 3

After being raped, a female victim sent a message through Facebook to a friend. These texts were an excited utterance. The court noted that texting reflects:

Answer 3

How people her age communicate

Question 4

The first complaint rule allows one witness to testify about what the victim said concerning _____ sexual assault

Answer 4

Any

Question 5

What does the first complaint doctrine provide the jury?

Answer 5

A complete account of how the accusation of sexual assault arose

Question 6

What is the time limitation for a first complaint witness?

Answer 6

No requirement of promptness, even a nine year delay

Question 7

A first complaint witness may testify about the ____________ of the disclosure

Answer 7

Details and context

Question 8

What type of communication between the victim and another qualifies for first complaint witness (3)

Answer 8

Written, texted, and oral statements

Question 9

Disclosures of sexual abuse can be made in stages to first complaint witness if:

Answer 9

No meaningful gap in time

Question 10

If a victim discloses to her mother in eighth grade about her father touching her, and then later discloses to a college advisor about further abuse by her father, can both witnesses testify?

Answer 10

Yes

Question 11

Can there be multiple first complaint witnesses if there’s multiple crimes

Answer 11

Yes

Question 12

If a defendant doesn’t remember telling someone about sexual abuse, can that person still testify as first complaint?

Answer 12

Yes

Question 13

Can a defendant/suspect have a first complaint witness as well

Answer 13

Yes

Question 14

Does asking a victim who else she told violate the first complaint rule

Answer 14

Yes

Question 15

Who has the discretion to modify the first complaint rule in the interest of justice?

Answer 15

Trial judge

Question 16

If the first complaint witness is bias and becomes hostile towards the victim, can the victim substitute with a different first complaint?

Answer 16

Yes

Question 17

Another witness can be used if the first complaint witness is _______ or _______

Answer 17

Unavailable or incompetent

Question 18

The first person to receive a report, whether by ______or _______is the first complaint

Answer 18

Phone or in person

Question 19

If a victim tells the 911 dispatcher about a sexual assault, then tells the first responding officer about it, who testifies as the first complaint

Answer 19

The 911 dispatcher

Question 20

Dispatchers and officers should perform a _______ and ______interview

Answer 20

Basic and compassionate

Question 21

After a dispatcher or officer performs a basic interview, they should:

Answer 21

Turn the case over to investigators

Question 22

Sexual assault victims are sensitive to the reaction they receive from:

Answer 22

Dispatcher or officer they initially contact

Question 23

________ may be enough to cause the victim to hang up the phone or walk away from the scene

Answer 23

Prematurely cutting off a victim

Question 24

During a basic interview, what may scare the victim

Answer 24

Asking too many biographical questions

Question 25

The first complaint rule does not limit (3):

Answer 25

Eyewitness reports Rape kit protocol Rebuttalof defense case

Question 26

The victims brother saw his sister being assaulted, then cried when she denied it. Can he be an eyewitness and a first complaint witness

Answer 26

Yes

Question 27

A sexual assault nurse performed a rape kit, including form 2 which contains detailed statements by the victim about specifics of the rape. Form 2 was admissible as a:

Answer 27

Medical record -It was designed to determine the extent of injuries and not to simply corroborate allegations

Question 28

Can there be testimony that a victim was reluctant to talk to Police?

Answer 28

Yes

Question 29

Testimony about police or prosecutor meetings is typically

Answer 29

Inadmissible

Question 30

A victims father was the legitimate first complaint witness, can there be testimony that the victim also spoke with his mother and DCF after

Answer 30

No

Question 31

Testimony about the sexual abuse intervention network process is permitted to:

Answer 31

Rebut an allegation of police incompetence

Question 32

Written school or organizational policies, pertaining to inappropriate sexual relations are admissible as:

Answer 32

Business records

Question 33

Written school or organizational policies about inappropriate sexual relations are admissible if they were created and distributed:

Answer 33

Before the incident took place

Question 34

The rape shield law prevents a victims:

Answer 34

Prior sexual history from being exposed in court

Question 35

What law prevents a victims prior sexual history from being exposed in court

Answer 35

Rape shield law

Question 36

What is the purpose of the rape shield law?

Answer 36

To prevent a general attack of a victims credibility based on past promiscuity

Question 37

Can testimony of a victims past sexual history, be admitted before a grand jury?

Answer 37

No

Question 38

A victims social media profile displaying past engagement in homosexual behavior was protected by the

Answer 38

Rape shield law

Question 39

What are the three exceptions to the rape shield law?

Answer 39

1. Evidence about the victims bias or motive to fabricate 2. Evidence of the victims sexual conduct with the defendant. 3. Evidence that the victims recent sexual conduct caused her injuries or physical condition.

Question 40

In any SAU case, the _____ must decide whether the proposed evidence is relevant

Answer 40

Judge

Question 41

Is victims past prostitution history admissible to show that she had a motive to lie?

Answer 41

No

Question 42

Hospitals must notify local police within _______ of processing a sexual assault kit

Answer 42

24 hours

Question 43

Police must take possession of the kit within ____ of notification by hospital

Answer 43

3 days

Question 44

Police must submit a rape kit to the Crime Lab within 7 business days of

Answer 44

Taking possession

Question 45

Kids associated with victims who have not yet filed a report with police are not subject to the seven day requirement they must be safely preserved by _____ for _______

Answer 45

Police The entire statute of limitations for the applicable sexual assault charges

Question 46

The Crime Lab must test the kit within ____ of ______

Answer 46

30 days Of receiving it

Question 47

What must the Crime Lab do with each kit?

Answer 47

Enter it into the statewide tracking system, and enter DNA profiles into CODIS and state database

Question 48

Is the electronic recording of SAIN interviews legally required

Answer 48

No, but it is good practice

Question 49

Repressed memory is a legitimate explanation for why a victim of sexual abuse might:

Answer 49

Come forward later

Question 50

Requested memory or _________ in response to trauma is a recognized diagnosis and may be the subject of expert testimony

Answer 50

Disassociative amnesia

Question 51

The law mandates that courts and police not publish a victims name relating to arrests, investigations, or complaints of (4 crimes)

Answer 51

1. Any type of rape 2. Assault with intent to rape 3. Indecent A&B on child under 14 4. Human sexual trafficking

Question 52

Officials who violate the release of victims name rule are subject to:

Answer 52

Fine $2500-$10000

Question 53

The law requires that Police keep all reports of rape and sexual assault ______

Answer 53

Confidential

Question 54

The venue rule for all forms of indecent A&B, rape, and assault with intent to rape, says that offenses may be prosecuted in:

Answer 54

County from which the victim was taken or county where the offense occurred