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E.P.P. 035 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 35 SUBJECT: RESPONSE TO SEX CRIMES EFFECTIVE: SEPTEMBER 7, 2001 REVISED: JULY 1, 2023 ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 1 of 12 I. PURPOSE: The purpose of this order is to establish procedures for a uniform method of handling sex crime investigations. II. PATROL DIVISION PROCEDURE: A. Initial responsibilities upon arriving at the scene of a sex crime are as follows: 1. The first officer on the scene is in charge of the investigation until relieved by a supervisor or an investigator; and, 2. The officer in charge of the scene may request additional units at the scene if needed. NOTE: The shift supervisor shall confer with the CID supervisor designated for callout notifications. The Investigations Lieutenant shall be the final authority as to whether the on-call investigator will respond to the scene or not. B. A Victim’s Advocate (from the Seminole County Sheriff’s Office) may be notified to respond to the scene. C. Consideration should be given to the following during interviews of victims and witnesses of sex crimes: 1. When interviewing sex crime victims, officers shall consider that the victim is probably in a state of mental shock and may be enduring a severe emotional crisis. It is important that the victim be interviewed carefully but thoroughly; ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 2 of 12 a. As much suspect information as possible shall be obtained and shall be promptly broadcast to other units in the area, if appropriate. b. Patrol officers shall limit their interviews of victims to determine if a crime has been committed and if an investigator is to be called out. Once a crime has been established and an investigator is called out, the investigator will be responsible for a detailed interview. NOTE: The department shall minimize the number of interviews of victims to reduce the potential for emotional stress on victims. c. The victim shall be interviewed: 1. As soon as possible; 2. In private and with confidentiality; a. Unauthorized persons shall not be permitted in the interview area, including parents, other relatives, friends, etc., or, b. If the victim is very young or insists that someone be with them, the privacy rule may be waived as long as the officer is certain that this person is not a suspect. c. In surroundings that will relax the victim as much as possible. NOTE: If victim is under 16 years old, obtain basic information directly from the victim to determine if elements of the crime has been met and of location where the crime took place. Additional details can be clarified through parent/guardian. d. Information regarding juvenile victims provided to officers by DCF investigators or Child Protection Team investigators may be relied upon as the basis for an offense/incident report. It is not necessary that the investigating officer ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 3 of 12 re-interview the child. Officer should be aware that in these situations, there are a limited number of interviews that can be done with the victim child. Officers shall indicate in the narrative of the offense/incident what information was obtained from another investigator and list the investigator’s name, address, and contact numbers. e. If the victim requests to be interviewed by an officer of the same gender, every effort shall be made to grant this request, and f. The victim must be assured that their identity will be protected from the media. 1. All personal information will be withheld from the media, and 2. Only a general description of the offense will be given to the media by the Public Information Officer (PIO). 2. Witnesses and other persons having knowledge of the offense shall be interviewed separately and in private to help establish the validity of the offense. Officers shall: a. Ask the witness to remain at the scene to be interviewed by an investigator; and, b. Obtain all of the required reporting data from witnesses and include this in their offense/incident report. All biographical data will be taken directly from the witnesses ID card or driver’s license to ensure proper identification. D. General investigative procedures regarding sex crimes are as follows: 1. Patrol officers shall initiate and complete an offense/incident report for all victims of a sex crime; 2. The patrol officer assigned the investigation is responsible for determining the “who”, “what”, when”, “where”, and “how” to establish the elements of the offense and probable cause. These findings shall be documented in an offense/incident report; ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 4 of 12 3. Supplemental Reports - In the supplemental follow-up report, the investigating officer shall document: a. The steps taken during the investigation; b. Interviews; c. Any other tasks performed pertinent to the investigation. 4. Officers are encouraged to use the CJIS report to record contacts with those suspicious persons they encounter who might be potential sex crime offenders; 5. Evidence collection procedures require: a. The investigator (or supervisor in their absence) is responsible for ensuring that the scene is processed and all evidence is submitted to property and evidence. It is imperative that the proper chain of custody is maintained on all evidence collected. b. The victim’s clothing, bed clothing, and other necessary evidence shall be collected. Each item collected shall be individually packaged, not collectively, for refrigeration and future laboratory analysis. This is normally the responsibility of the assigned officer or investigator, or another agency as determined by the responding investigator. c. The examination of the victim for serological evidence should be conducted as soon as possible after the offense occurs. If there is a significant delay in reporting the incident, the reason for the delay must be established and documented, as it may directly affect physical evidence. E. Sexual battery investigation procedures are as follows: 1. In addition to those investigative procedures outlined previously, officers will determine the time span between the time the offense occurred and the time reported; 2. If requested by the investigator, officers will transport the victim to the location determined by the physician on call for a medical exam. Exams will be performed by: ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 5 of 12 Seminole County Health Department 400 W. Airport Blvd Sanford, FL 32773 Ph. (407) 665-3000 NOTE: If the victim is not examined by assigned medical personnel, specific reference to this shall be noted in the narrative of the offense report so that an investigator can make an appointment for the victim. If the victim refuses to be examined, the officer shall indicate so on the report. a. During the examination, physical evidence will be collected from the victim such as spermatozoa, hair, etc.; b. If at all possible, the officer should take the victim a change of clothes. The clothing worn during the attack will be collected as evidence at the examination location; c. Officers should not allow victims to bathe, wash, or change clothes, and if possible, refrain from urinating as valuable serology evidence may be lost by doing so. If the sexual assault involved oral/penile penetration, the victim should refrain from consuming liquids (e.g. water, coffee, etc.) if possible. During the examination, the doctor will take oral swabs to collect possible evidence. F. Procedures for the investigation of sexual abuse of children include the following: 1. Abuse of a sexual nature (any sex crime, including sexual battery, lewd and lascivious assault on a minor, molesting, pornography, etc.) is investigated by the Criminal Investigations Division. 2. If the suspect is someone who lives in the child’s house and an arrest is not made, removal of the child may be appropriate. If the case is not clear, officers should have DCF decide if the child should be taken out of the home. 3. Officers shall follow the procedures previously outlined in this article regarding response, interviews, reporting, and sexual battery requirements for sexual abuse of children. 4. F.S.S. Chapters 415, 794, 800, and 827 refer specifically to the elements of sexual child assaults, sexual child abuse, sexual battery upon a child, ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 6 of 12 and lewd, lascivious or indecent assault. These chapters should be reviewed to determine the elements and proper listing of the exam. 5. On-call Child Protective Services investigator should be notified for immediate response. 6. If the parent or guardian is not available to give the required permission for the medical examination of a juvenile, F.S.S. 39.401 authorizes a police officer or DCF investigator to authorize and sign for the exam. 7. Officers must notify the Florida Abuse Hotline and Tracking System at 1-866-532-2873 (LEO only) or 1-800-962-2873 (1-800-96-ABUSE) regarding incidents of “Child Abuse or Neglect” or submit the report electronically, as defined by F.S.S. 39.01. a. Reporting officers shall document the submission in the narrative of the report; b. If a DCF investigator is present, the name of the investigator shall be listed as the complainant on the report. c. If a DCF investigator is present, the officer/investigator shall ask the DCF investigator if the Florida Abuse Hotline has been notified or if the Florida Abuse Hotline is the complainant. If so, the officer/investigator is relieved of the responsibility of notifying the Florida Abuse Hotline. Document in the report that the Florida Abuse Hotline is the complainant or that the DCF investigator has notified the Florida Abuse Hotline. If DCF is the complainant of the police report, the officer is not required to notify the Florida Abuse Hotline. If DCF investigator did not notify the Florida Abuse Hotline, or it is unknown whether the notification was made, the officer will need to make the notification. 8. Officers, as much as possible, should avoid forming any close attachment between the victim and themselves. Such bonding on the part of the victim hinders the investigator’s efforts, as the victim will sometimes only want to work with that particular officer who may or may not be available. This type of follow-up interview is not within the scope of patrol investigations. 9. Arrest procedures for sex crime suspects are as follows: ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 7 of 12 a. A patrol officer’s interaction with the suspect should only consist of obtaining the necessary data for arrest report purposes. Officers should avoid lengthy interrogations; b. If an investigator has been called and responds to the scene, the investigator will conduct the interview with sexual offense suspects. Once the investigator becomes involved in the interview process, that investigator will assume responsibility for filing the case with the State Attorney’s Office; c. If a suspect chooses to discuss the incident without any questioning on the part of the patrol officer, the officer shall document those statements; d. If an arrest is made, officers will consult with the investigator regarding seizing all of the clothing worn by the suspect as evidence and have each item packaged individually, not collectively, for future laboratory analysis; e. Officers shall follow all Longwood Police Division Directives regarding arrest and booking procedures; f. If the suspect’s vehicle (other than the victim’s) was believed to be used in the crime, the vehicle shall be sealed pursuant to Directives, current case law, and State Statute. A hold will be placed on the vehicle for the Criminal Investigations Division and the vehicle information included in the offense report. If the victim’s vehicle is used, it may be processed and released at the scene without a warrant, with the victim’s permission; Ill. DETECTIVE PROCEDURES: A. General investigation procedures in sex crime cases are as follows: 1. The victim shall be interviewed as soon as possible. This interview should be conducted in privacy and with confidentiality. Unauthorized people will not be permitted in the interview. This includes the parents and other relatives, friends, etc., of the victim. If the victim is very young or insists that someone be present with them, the rule of privacy may be waived. If the victim is obviously emotionally upset, the investigator may delay the interview until the victim’s emotional state is stable. The basic who, what, when, where, and how, should be covered to establish if the incident is a sexual battery or a less serious offense; ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 8 of 12 2. Witness and other persons having knowledge of the offense should be interviewed separately and in private to help establish the validity of the offense. Written statements may limit the possibility that a witness might deny or change his/her story at a later time; 3. An investigator will interview the suspect(s) and; a. Ensure that the Miranda warnings are given, if necessary; and, b. Obtain a written and/or recorded statement, when possible. 4. Photographs will be taken. B. Investigative procedures for sexual battery cases are as follows: 1. Upon notification, an investigator will report promptly to the scene and; a. Confer with the patrol officer to obtain the basic information and take charge of the inner perimeter of the crime scene; b. Survey the crime scene; c. Determine who will be responsible for collecting crime scene evidence. The investigator may utilize the Seminole County Sheriff’s Technical Services Division; d. Interview the victim/witness(es) and conduct a neighborhood canvass; and, e. The investigator will ensure the victim is transported to the proper examination location. 2. During the follow-up investigation a sex crime investigator will: a. Make an appointment with the victim for any additional investigation, such as; 1. Re-interviewing the victim; 2. Having a composite drawing of the suspect(s) prepared, when applicable; 3. Having the victim review photographs or a photo line-up; and, ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 9 of 12 4. Obtaining elimination fingerprints. b. Pick up the Sexual Assault Treatment kit from the examination location; 1. Log the kit in property and evidence 2. Promptly request the kit to be processed by FDLE 3. Upon notification from the Crime Lab, request property personnel to retrieve the kit and place it back into property and evidence. c. Obtain any necessary felony arrest warrant(s) from the State Attorney’s Office. C. Investigative procedures in cases of caretaker/family sexual offenses involving juvenile victims are as follows: 1. Caretaker cases are those, which involve a suspect who was responsible for a juvenile’s safety and welfare for even a short period of time and include parents, other family members, teachers, baby sitters, and day care workers; 2. The initial patrol officer should notify the Abuse Registry in Tallahassee at 1-866-532-2873 or 1-800-962-2873. The officer may also notify Abuse Registry electronically. The detective should ensure that this has been done; 3. The interview procedure of the victim/witness remains the same. However, joint interviews with Department of Children and Family Services (DCF) and Child Protection Team (CPT) employees are preferable and in cases involving young children they are required; and, 4. Non-caretaker cases with juvenile victims will sometimes require counseling and Family Assistance Services. D. Investigative procedures in cases involving other sex related offense are as follows: 1. Florida State Statute Chapter 800 relates to lewd and lascivious behavior, lewd, lascivious, or indecent assault or act upon or in the presence of a minor child under the age of 16, etc.; and, ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 10 of 12 2. The investigations in the above cases should be conducted as a sexual assault. The degree of the offense varies and affects arrest procedures. E. Additional investigative techniques include the following: 1. Cross-checking incident reports for related modus operandi; a. Note the description of the suspect(s) and/or vehicle; and b. Consider the times, dates, and locations of occurrences. 2. Checking the reporting victim’s record; 3. Checking the witness(es)’ credibility; and 4. Investigators who investigate sex crimes should be familiar with the various types of sexually deviant behavior. Some of these practices may involve the commission of other offenses such as larceny, battery, or trespassing, where other may or may not involve criminal conduct but could lead to violent behavior. F. Procedures for the collection of evidence are as follows: 1. Examination of the victim should be conducted as soon as possible after the offense occurs. If there is a significant delay in reporting the incident, the reason for delay must be established, as it may directly affect physical evidence. With juvenile, where penetration is alleged, the investigator will determine if a medical examination will be conducted in cases when a significant amount of time has elapsed since the incident. This may provide the necessary evidence to establish whether or not the alleged offense occurred. a. If the parent or guardian is not available to give the required permission for the examination of a juvenile, Florida State Statute 39.401 authorizes a police officer or DCF investigator to sign for the exam. b. With mature adult victims, spermatozoa and acid phosphates are destroyed between 12 and 36 hours, more rapidly in oral and rectal intercourse. However, the trauma may still be established if the delay is not significant. There is also the possibility of pregnancy, venereal disease, and HIV, which must be considered when deciding to examine the victim. The examination will be conducted by the on-call physician at a location of his/her choosing. Any physical evidence collected during the ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 11 of 12 examination will be placed in the Sexual Assault Evidence Package. c. Other evidence that should be collected by an investigator or Evidence Technician includes; 1. Clothing worn by the victim and/or suspect at the time of the incident; 2. Bed sheets from the crime scene; 3. Photographs of the victim’s injuries, suspect’s injuries, and the crime scene; 4. Head and pubic hair of the victim; 5. Head and pubic hair of the suspect, either by court order or consent; 6. Blood samples of the victim and the suspect, when appropriate; and 7. Any other evidence at the crime scene or other places, such as tissue residue under victim’s fingernails. 8. Buccal swab of victim and suspect by consent or warrant. d. Elimination prints of all occupants of the residence should be obtained; e. All evidence which will require laboratory analysis should be turned over to the appropriate agency for processing; f. Perishable evidence should be submitted to FDLE as expeditiously as possible. The status of this evidence should be checked on (by the case investigator) at least every ninety (90) days; and g. Upon completion of the investigation, a supplement report will be prepared containing a brief synopsis of the original report and the details of the investigation. h. Supplement Reports - In the supplemental follow-up report, the investigating officer shall document: ENFORCEMENT POLICY AND PROCEDURE RESPONSE TO SEX CRIMES EPP – 35 Page 12 of 12 1. The steps taken during the investigation; 2. Interviews; and 3. Any other tasks performed pertinent to the investigation.