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Roles and responsibilities of police

  • Legislation should provide that the responding officers shall provide the survivor with transport to the forensic medical facility if needed.

For example, The Rape Victim Assistance and Protection Act (1998)of Philippines states that:

Upon receipt by the police of the complaint for rape, it shall be the duty of the police officer to:(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained; otherwise, the rules of court shall apply; (b) Arrange for counselling and medical services for the offended party; and (c) Immediately make a report on the action taken. Section 4

  • Legislation should provide that police refer victims to coordinated sexual assault response teams or programs to give survivors a broad range of necessary care and services (legal, medical, and social services) and to increase the likelihood that the assault can be successfully prosecuted. (See the section on Survivor Services, below. See also: Assault Response Teams, The Advocates for Human Rights, stopvaw.org website.)

  • Legislation should require that police receive training on a regular basis on the latest information about sexual assault survivors and the most respectful methods of handling these trauma survivors. (See: "Sexual assault: key issues," Journal of the Royal Society of Medicine, Vol. 100 (2007). The lack of police training can contribute to low rates of reporting.  See: Africa for Women’s Rights: Ratify and Respect! Dossier of Claims (2010).)

  • Legislation should require police departments to regularly review sexual assault cases to ensure compliance with procedures and to sanction officers as necessary.

  • Legislation should require police to promptly complete detailed reports of sexual assaults and to make them available to survivors, as reports aid survivors in pursuing protection orders, civil remedies, immigration petitions, insurance benefits, and compensation claims.  (See: The Toolkit to End Violence Against Women.)

  • Legislation should mandate specialized police units with specialized training on sexual assault response and investigation. All-women sexual assault investigative teams and police stations with dedicated rooms should be available so that the survivor of a sexual assault is comfortable in speaking to police. (See: Model Strategies p. 41 and The Toolkit to End Violence Against Women.)
  • Legislation should require the development of police protocols that are centered upon survivor safety and efficient, respectful investigation of sexual assaults.
  • Legislation should provide for the application of pro-arrest and pro-prosecution policies in cases of sexual assault where there is probable cause that the crime has occurred. (See: UN Handbook, 3.8.3.)

  • Legislation should state that police must develop protocols for survivor interview and medical testing in order that the survivor may be questioned and examined in a confidential, respectful and timely manner for successful evidence use at trial. (See: Model Strategies, 8(b) p. 41, UN Handbook 3.8.)

 Promising practice: The Sierra Leone police have established Family Support Units (FSUs) in police stations throughout the country.  The FSUs are comprised of police who have been trained to work with victims of sexual violence. They provide sensitive and appropriate assistance to victims, refer them to cost-free medical care and legal services, and educate the public on all areas of gender-based violence. Since the inception of FSUs, reports of sexual violence have increased in Sierra Leone, and a UNICEF assessment found that the stigma associated with sexual exploitation and abuse has been reduced. See: Women Building Peace and Preventing Sexual Violence in Conflict-Affected Contexts: A Review of Community-Based Approaches (2007), p. 11.

 

Promising practice: The Rape Victim Assistance and Protection Act (1998)of Philippines states that:

It shall be the duty of the police officer or the examining physician, who must be of the same gender as the offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside the room where the investigation or medical or physical examination is being conducted.

For this purpose, a women’s desk must be established in every police precinct throughout the country to provide a police woman to conduct investigation of complaints of women rape victims. Section 4 (c)

  • Legislation should mandate the dedication of resources to police for investigation of sexual assault cases so that cases are not under-funded or ignored as “domestic” cases. 

See: CASE STUDY:  Human Rights Watch Report: Testing Justice: The Rape Kit Backlog in Los Angeles City and County.

  • Legislation should mandate that police response to sexual assault cases, and the number of cases which are prosecuted, be reviewed by an independent task force to take note of compliance with established procedures and of offender accountability statistics. See Model Strategies, 8(e) p.44.

For example, The Kentucky Association of Sexual Assault Programs has developed recommendations (PDF, 22 pages) for official responses to sexual assault. Also, see: "Form for Evaluating Police Response to Rape and Sexual Assault," Women's Justice Centre

See: Protocols and Polices, StopVAW, The Advocates for Human Rights.

 

 

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