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14th February 2007 Briefing on New Service Model in Handling Adult Sexual Violence Cases

Police Procedures in Handling and Investigation of Sexual Violence Cases. HO Yuen-ha, Irene Superintendent of Police Child Protection Policy Unit Crime Wing Support Group. 14th February 2007 Briefing on New Service Model in Handling Adult Sexual Violence Cases . Outline.

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14th February 2007 Briefing on New Service Model in Handling Adult Sexual Violence Cases

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  1. Police Procedures in Handling and Investigation of Sexual Violence Cases HO Yuen-ha, Irene Superintendent of Police Child Protection Policy Unit Crime Wing Support Group 14th February 2007 Briefing on New Service Model in Handling Adult Sexual Violence Cases

  2. Outline • Definition and Statistics on Sexual Violence (SV) • Handling & Investigation of SV Cases • Multi-disciplinary Collaborations • Challenges & Expectations

  3. Definition • Non-consensual sexual act or exposure to such act • Physical force or threatof force • Victim is unable to give consent • - age, mental capacity, fear, alcohol, drugs……

  4. LIFE IMPRISONMENT Sexual Offences Crimes Ordinance, Cap. 200 • Rape (S. 118) • USI with MIP (S.125) • Incest (S.47-48) • Buggery (S.118)

  5. Statistics(Victim  age 18)

  6. (Relation: Victim Vs. Offender) 2005 2006

  7. Range of Time Lapse in Reporting Rape ~ 2 days to 3 years ~ 2 days to 7.5 years USI with MIP Percentage 34% 66% 46% 54% (Occurrence Vs. Reporting)

  8. Handling and Investigation Procedures Principles: (Care & Empathy) • Victim should not be further traumatized • No. of Interviews & Statement Taking • Ensure victim’s privacy • Strict confidentiality

  9. Handling and Investigation Procedures Referrals from SWD, CIC, & NGOs: Duty Officers of Respective Police Divisions will be the Designated Contact Points

  10. Handling and Investigation Procedure (Police Role) Well-being

  11. Well-being (physical) Immediate Medical Attention Takes Precedence !! 1st priority Hospital (A&E) First Aid

  12. Social Workers/ Clinical Psychologists Friends/ Relatives Female Officers Separated Unoccupied Room Well-being (psychological)

  13. Referral Services • New Service Model / Crisis Intervention Centre (CIC); • Family Planning Association of Hong Kong (FPAHK); • NGOs, e.g. Rainlily,……. Consent from the victim is a must !!!

  14. Handling and Investigation Procedure (Police Role) Well-being Investigation

  15. Investigation (Investigation Units) • Divisional/ District Investigation Teams (DVITs / DITs) • District Crime Squads (DCSs) • Regional Crime Units (RCUs) Depends on the circumstances of the case

  16. Investigation (Interviews & Statements ) Why do we need WITNESS STATEMENTS ?? • To establish the facts • Obtain written records • To enable a report to be compiled No Concealment !! No Ambiguity !!

  17. Investigation (Interviews & Statements ) When ? • As soon as practicable • Experienced officers • Preferably female officers Who ? Where ? • Convenient & Private What ? • Comprehensive statement

  18. Comprehensive Statement • Full account of incident • Conduct & condition of victim • Before & After • Signs of struggle • Early complaint • Collaboration

  19. Reasons for Delayed Reports • Shock/ Fear/ Confusion • Worries of consequences • Fear of report to police • Fear of judiciary proceedings

  20. Reasons for False Complaints • Revenge Vs. Ex-boyfriend • Fear of pregnancy • Fear of full disclosure • Underground relationship

  21. Interviews & Statements Investigation (Interviews & Statements ) How Long ? • Statement taking - normally takes 3 to 4 hrs How often? • Only when it is strictly necessary • Be kept to a minimum

  22. Investigation (Statement Taking at Hospital ?? ) Upon receiving a report, Police will interview the victim with a statement taken from her/ him, if necessary, at a suitable venueconvenient to the victim with adequate privacy.

  23. Investigation (VRI withMIP) Interview Suite for Vulnerable Witness

  24. Investigation (Preserve Evidence) Tips for Case Managers – Rape Victims for Fresh Cases • Obtain fresh set of clothings for victims • Encourage victims not to take bath/ showers or urinate before forensic exams. • Use a clean container to keep urine (semen trace)

  25. Investigation (Preserve Evidence) Why Scene Visits ? • Victim to identify locations • Thorough search – Signs of struggle and physical evidence • Look for circumstantial evidence

  26. Victim’s Content WITHIN 72 HOURS OF RAPE Investigation (Medico-legal Exam.)

  27. Sexual/ Triad & Organized Crime/ Witness in Fear Only OC Parade (interpreter) , OC Case & Defense Lawyer. Victims: Parade Room : Investigation (Identification Parades) Identification parades only after arrests. • A Conventional Line-up • One-way Viewer Parade Room

  28. Investigation (Identification Parades) One-Way Viewer Identification Parade Room

  29. Handling and Investigation Procedure (Police Role) Well-being Investigation Prosecution

  30. Prosecution (Court Proceedings) Witnesses are required to attend court so as to help the court to establish the truth.

  31. Prosecution (Court Proceedings- MIP in Court) A cartoon showing the setting of the Live TV Link system in court

  32. View the video-recorded interview prior the trial Access to statements Discuss facts Do anything to prejudice the trial proceeding Explain court procedures & role of witness Pre-trial visit Accompany witness (TV Link) Notification of court result Prosecution (Court Proceedings- Support Person) Do’s Don’ts

  33. Prosecution (Court Proceedings- Support Person) REMEMBER !! SUPPORT PERSON Prosecution Witness

  34. Multi-disciplinary Collaboration

  35. Crisis intervention / Emotional Support Coordinate services Arrange follow-ups / referrals Enquire progress on behalf of vtms Look after welfare needs of vtms Contaminate vtm’s version Affect vtm’s credibility Interfere evidence/ investigation by prompting… coaching… influencing vtms… Role of Case Manager Do’s Don’ts

  36. Case Manager Investigation Court Proceeding Crime Initial Enquiry Forensic Exam Scenario – Victim reports to Police

  37. Court Proceeding Scenario – Victim reports to other Dept Investigation Case Manager Forensic Exam

  38. Exemptions : S. 58 (2), Cap, 486 • Personal Data used for the purposes of : - • Prevention or Detection of Crime; • Apprehension, prosecution or detention of offenders; • Prevention or remedying unlawful or seriously improper conduct; • …… Personal (Data) Privacy Ordinance

  39. Challenges External (Allegations & complaints) Police’s Role (Balance between Compassion & Justice) • Long Statement-taking • Visiting Crime Scenes to Re-traumatize Victims • Qs Victims as if Suspects • Lacking of Sensitivity • Revictimize victims (i.e. ID Parade, court) • Police concern on safety of victims • Thorough investigations to establish facts • Time Critical – in fresh cases • High level of proof for prosecution • Prepare victims for trial

  40. Expectations Mutual Understanding Mutual Cooperation Close Liaison To Provide the best Support & Services to Sexual Violence Victims !!

  41. Thank You

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