07/02/2015
SOUTH AFRICAN POLICE SERVICE (SAPS)
SUPPORT TO VICTIMS OF SEXUAL OFFENCES
Overview
The following terms have been used in this document. To enable a complete understanding of the terms, clear definitions are provided.
Term
Definition
R**e
Intentional, unlawful s*xual in*******se with a woman without her consent. Sexual in*******se includes the pe*******on of the l***a majora (outer lips of va**na)
Girls under the age of 12 years cannot legally consent to s*xual in*******se, therefore it will always be r**e, irrespective of circumstances
(Common law)
Girls between the ages of 12-15 years can be the victims of statutory r**e
So**my
For the purpose of this document it is the forceful pe*******on per a**s between males
Indecent assault
An assault which, in itself, is of an indecent character. This includes so**my and all other forms of s*xual assault
Accredited health care practitioner (district medical officer)
For this purpose it is a person with medical experience who has been appointed by the Department of Health to conduct medical examinations in this regard. (Includes what was formerly known as the district surgeon)
Victim assistance/support
Victim assistance/support by members of the SAPS entails:
treating victims/complainants and their families with respect and courtesy
taking statements in a professional manner
providing victims with information on their case number as well as details of the investigating officer
informing/educating victims about the procedures of the police (investigative) and the criminal justice system
providing advice on crime prevention
referring victims to medical and/or counselling and support services in the community
FCS Unit
Family Violence, Child Protection and Sexual Offences Unit
Chapter 1 - Role Of The SAPS In Victim Support
Introduction
We will give you a short background on the role of persons rendering assistance to victims of s*xual offences.
Background
"VICTIM ASSISTANCE/SUPPORT" is the basic principle of the rendering of a service by the Police.
It is the right of any person to know that if they lay a complaint with the Police, the complaint can expect professional service. The SAPS must attempt to meet the expectations that people have. These guidelines have been developed to assist members of the SAPS to deal with victims of s*xual offences.
The person who approaches the Police for assistance is often the victim of a crime or an offence.
As victim support is one of the pillars of community policing, the SAPS must treat every victim with the necessary respect, empathy and professionalism.
Chapter 2 - Sexual Offence Reported
Overview
It is important that until the contrary is proved, allegations of s*xual offences are to be accepted as such.
A s*xual offence complaint can be received by telephone or the victim presents himself/herself at a station to lay a charge of r**e or any other s*xual offence.
If a case of s*xual offence is reported to the Police, it must be given immediate attention. Remember to treat the victim as you, yourself, would wish to be treated.
Sexual offence reported in person
If a victim presents himself/herself at a police station outside of the jurisdiction of either the victim's home OR where the alleged r**e/s*xual offence occurred, the case must be dealt with by the station where the offence is being reported. The station where the offence is reported will open the docket and treat the offence as if it had happened in their area. The docket must then be sent to the victim's home station once the necessary actions have been taken.
The following steps detail what must be done if a victim presents himself/herself at the station to report a case of an alleged s*xual offence:
Introduce yourself and explain your role in the investigation and take the victim to a quiet room/area away from the main duty desk.
Ask the victim for his/her name and address and establish if the victim is in need of medical assistance. If so, arrange for it immediately.
Find out if the victim is capable of laying a charge
The first officer receiving the report is to open a docket and take basic details which must be filed in the docket under annexure B
Contact the investigating officer as soon as possible. Remain with the victim until the investigating officer arrives
Attend as far as possible to any medical injuries. As medical evidence is crucial, the medical examination should take priority over the taking of the statement
The statement should be taken only by the investigating officer, once the victim has recuperated sufficiently to do so.
Sexual offence reported by telephone
The following steps detail what must be done if a s*xual offence is reported by telephone:
Ask the victim for the address from where he or she is telephoning.
Find out if the victim is in any immediate danger eg., weapons. A patrol vehicle must be sent to the victim's address immediately to secure the crime scene and assist the victim. Emphasise that the victim should not change his/her clothing nor wash himself/herself as evidence could be lost.
Ask the victim if he or she needs an ambulance. If an ambulance is required, request one to e sent immediately to the victim's address.
If someone makes a telephone call to the SAPS saying that a s*xual offence has been committed, a patrol car must be sent immediately to the relevant address. Follow the steps detailed below:
Ask the person who is reporting the s*xual offence for the address where the victim can be found. Ask the person not to leave the victim alone, not to touch anything and not to allow the person to wash.
Find out if the victim is in any immediate danger and send a patrol vehicle immediately to secure the scene and assist the victim. If he/she is in danger, send a patrol vehicle immediately to the scene.
Ask the person who is reporting the crime if the victim needs an ambulance. If an ambulance is requested, request one to be sent to the victim's address immediately.
Extra care and assistance
An accountable adult person should accompany victims under the age of 18 years and the Child Protection Unit/Specialised worker must be contacted. If the initial report is made by an adult, the child concerned should not be present as the child could be unduly influenced. If the child has been accompanied by an adult, the child should not be left alone while the report is being made.
An accountable adult person should accompany mentally handicapped victims and be present when the statement is taken.
In the case of a drunken or drugged victim, open a skeleton case docket and take the victim to the accredited Health Care practitioner.
In the case of an unconscious victim, an ambulance and a patrol vehicle must be sent to the address immediately.
Keep talking to the victim once the details have been received from the victim and the patrol vehicle (or ambulance) has been requested, try to stay on the telephone talking to the victim. Although this may not always be practical, staying on the telephone until assistance arrives will help reassure the victim. Obtain a description of suspect/s and alert all vehicles in the area. Reassure the victim that you have dispatched the necessary help and that the police will be there shortly to help him or her. Ask the victim not to wash himself or herself as this may compromise the evidence. It will be useful to explain to the victim the procedure that will be followed. It may be overwhelming for the victim to be given detailed information about legal procedures at that stage.
A victim can lay a charge at any time. There is not time restrictions in this regard. No victim should be turned away and the investigation should proceed in the prescribed manner.
Chapter 3 - First Officer at the Scene and the Investigating Officer's Duties
Overview
This section covers the duties of:
the first police officer who arrives at the scene of the crime; and
the investigating officer for the case.
The responsibility of the first police officer arriving at the scene
Aim:
The primary responsibility of this officer is to ensure that the scene (and the surrounding area) remains untouched and that the victim supplies a full description of the suspect (if not already given).
Two crime scenes
In s*xual offence cases there are two crime scenes:
The victim himself or herself; and
the place where the incident took place, if this can be determined.
Secure place where the alleged s*xual offence took place
It is extremely important that the scene of the crime and the surrounding area be secured to ensure that the evidence remains intact. The responsibility to safeguard the area where the incident occurred, rests with the first officer at the scene. Ensure that the scene is not disturbed by the victim, any witnesses who may already be on the scene, the media or police officers not involved in the investigation.
Speak to victim
The following steps should be taken when talking to the victim (remember that, at this point, intimate questions should not be asked):
Introduce yourself
Take the victim away from the room (or area) where the incident took place to a private place (or area)
Explain to the victim and family why it is necessary to secure the scene of the crime
Obtain a brief version of the events from the victim
Try to get a full description of the suspect. This must be circulated immediately (the suspect may still be in the area)
Contact the detective on standby or the FCS unit to attend the scene
Listen to and comfort victim
While waiting for the investigating officer to arrive at the scene, the attending officer may talk less formally to the victim. Do NOT leave the victim alone until the investigating officer arrives. Listen to what the victim says and try to put him/her at ease. Do not interrupt the victim when he/she is talking. (If a police official keeps interrupting the victim to obtain the facts, it is possible that important, spontaneous statements by the victim may not be made.) Write everything down that the victim says, using foolscap paper and file it under annexure B of the case docket. Show empathy (understanding), not sympathy (pity), towards the victim.
Inform victim of police procedures
Explain the role of every police official in the process:
investigating officer
fingerprint experts
photographer/video unit
tracing unit/crime prevention unit
Advise victim of case confidentiality
Victims are often worried that everyone will know the intimate facts of the case. Explain to the victim that only the relevant persons will know the exact facts and that it will not be necessary for the intimate details to be told repeatedly.
Explain about the medical examination
Inform the victim that if he/she wishes to continue with the case, a medical examination will be necessary. The medical examination must be carried out as soon as possible and will be done by the accredited health care practitioner. The investigating officer will make the necessary arrangements. (Complete SAP 308)
Stay with the victim
A police official must remain with the victim until the person who will take the matter further arrives.
Liquid restrictions
If it has been established that the victim has been indecently assaulted in his or her mouth, liquid must not be offered to the victim, as evidence may be lost by this.
Each case should be dealt with according to its own merits. This restriction is applicable only if the victim has not already rinsed his or her mouth as an oral swab can be taken only within 6 hours after the incident.
If the victim needs to urinate, he or she must be advised to retain any sanitary material used.
Earn the victim's trust
As the investigating officer has to obtain very intimate details from the victim, it is essential to try to win the victims trust during the first meeting.
Registration of case docket
The investigating officer's first responsibility is to register a case docket. The case docket must be registered before:
The accredited health care practitioner will examine the victim, and
a suspect may be arrested and/or held in custody
If, for any reason, an investigating officer is unavailable to register a docket, it remains the responsibility of the first officer on the scene.
Victim's particulars unknown
If the victim's basic details are unknown as a result of injury, shock, trauma, unconsciousness or inebriation, a
