Rapes 2 Year Old Planned to Do Again
Southward AFRICAN POLICE SERVICE (SAPS)
Support TO VICTIMS OF SEXUAL OFFENCES
Overview |
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The post-obit terms have been used in this document. To enable a complete understanding of the terms, articulate definitions are provided.
Term | Definition |
Rape | Intentional, unlawful sexual intercourse with a adult female without her consent. Sexual intercourse includes the penetration of the labia majora (outer lips of vagina) Girls nether the historic period of 12 years cannot legally consent to sexual intercourse, therefore it will e'er exist rape, irrespective of circumstances (Common law) Girls between the ages of 12-15 years can be the victims of statutory rape |
Sodomy | For the purpose of this certificate it is the forceful penetration per anus between males |
Indecent assault | An assault which, in itself, is of an indecent character. This includes sodomy and all other forms of sexual assault |
Accredited health care practitioner (district medical officeholder) | For this purpose it is a person with medical feel who has been appointed by the Department of Health to bear medical examinations in this regard. (Includes what was formerly known equally the district surgeon) |
Victim assistance/back up | Victim assist/support by members of the SAPS entails:
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FCS Unit | Family Violence, Child Protection and Sexual Offences Unit |
Chapter 1 - Office Of The SAPS In Victim Back up |
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Introduction
Nosotros will give you a short background on the role of persons rendering assistance to victims of sexual offences.
Background
"VICTIM ASSISTANCE/SUPPORT" is the basic principle of the rendering of a service by the Police.
Information technology is the right of any person to know that if they lay a complaint with the Police, the complaint tin can await professional service. The SAPS must attempt to meet the expectations that people have. These guidelines accept been developed to assist members of the SAPS to deal with victims of sexual offences.
The person who approaches the Law for assistance is often the victim of a offense or an offence.
Every bit victim support is ane of the pillars of community policing, the SAPS must care for every victim with the necessary respect, empathy and professionalism.
Chapter 2 - Sexual Offence Reported |
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Overview
It is important that until the contrary is proved, allegations of sexual offences are to be accepted as such.
A sexual offence complaint tin exist received past phone or the victim presents himself/herself at a station to lay a charge of rape or any other sexual offence.
If a case of sexual offence is reported to the Police, information technology must be given immediate attention. Remember to treat the victim as you lot, yourself, would wish to exist treated.
Sexual offence reported in person
If a victim presents himself/herself at a police station outside of the jurisdiction of either the victim'southward dwelling OR where the alleged rape/sexual offence occurred, the case must be dealt with by the station where the offence is existence reported. The station where the offence is reported volition open up the docket and treat the offence every bit if it had happened in their area. The docket must and so exist sent to the victim's home station once the necessary deportment have been taken.
The post-obit steps particular what must exist done if a victim presents himself/herself at the station to report a case of an alleged sexual offence:
- Innovate yourself and explicate your role in the investigation and take the victim to a repose room/area away from the main duty desk.
- Ask the victim for his/her name and accost and institute if the victim is in need of medical assistance. If so, adjust for it immediately.
- Find out if the victim is capable of laying a charge
- The showtime officer receiving the written report is to open up a docket and take basic details which must be filed in the docket under annexure B
- Contact the investigating officeholder as presently as possible. Remain with the victim until the investigating officer arrives
- Attend equally far as possible to any medical injuries. Every bit medical evidence is crucial, the medical examination should take priority over the taking of the argument
- The argument should be taken merely past the investigating officer, once the victim has recuperated sufficiently to practice so.
Sexual offence reported by telephone
The following steps particular what must be washed if a sexual 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 firsthand danger eg., weapons. A patrol vehicle must be sent to the victim's address immediately to secure the criminal offense scene and aid the victim. Emphasise that the victim should not change his/her clothing nor wash himself/herself as evidence could exist lost.
- Enquire the victim if he or she needs an ambulance. If an ambulance is required, request 1 to e sent immediately to the victim's address.
If someone makes a telephone call to the SAPS maxim that a sexual offence has been committed, a patrol car must be sent immediately to the relevant address. Follow the steps detailed beneath:
- Ask the person who is reporting the sexual offence for the address where the victim can be found. Ask the person not to leave the victim alone, non to touch anything and not to allow the person to wash.
- Find out if the victim is in whatsoever immediate danger and send a patrol vehicle immediately to secure the scene and assistance 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
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An answerable adult person should back-trail victims nether the age of 18 years and the Kid Protection Unit/Specialised worker must be contacted. If the initial written report is made by an developed, the kid concerned should not be present every bit the child could be unduly influenced. If the child has been accompanied past an adult, the child should not be left alone while the report is being fabricated.
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An accountable developed person should accompany mentally handicapped victims and be present when the argument is taken.
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In the case of a drunken or drugged victim, open up a skeleton case docket and have the victim to the accredited Wellness Care practitioner.
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In the case of an unconscious victim, an ambulance and a patrol vehicle must be sent to the address immediately.
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Proceed talking to the victim once the details have been received from the victim and the patrol vehicle (or ambulance) has been requested, effort to stay on the phone talking to the victim. Although this may not e'er be practical, staying on the telephone until assistance arrives will help reassure the victim. Obtain a description of suspect/south and alert all vehicles in the expanse. Reassure the victim that you accept dispatched the necessary help and that the police will exist there presently to help him or her. Ask the victim non to launder himself or herself as this may compromise the evidence. It volition be useful to explain to the victim the procedure that will be followed. It may be overwhelming for the victim to exist given detailed information near legal procedures at that stage.
- A victim tin can lay a charge at any time. There is not time restrictions in this regard. No victim should be turned abroad and the investigation should keep in the prescribed mode.
Chapter 3 - Commencement Officer at the Scene and the Investigating Officer's Duties |
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Overview
This section covers the duties of:
- the first police officeholder who arrives at the scene of the crime; and
- the investigating officer for the case.
The responsibility of the first law officer arriving at the scene
Aim:
The primary responsibility of this officeholder is to ensure that the scene (and the surrounding expanse) remains untouched and that the victim supplies a full clarification of the suspect (if not already given).
Ii crime scenes
In sexual offence cases there are two crime scenes:
- The victim himself or herself; and
- the place where the incident took place, if this tin exist determined.
Secure place where the alleged sexual 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 surface area where the incident occurred, rests with the first officer at the scene. Ensure that the scene is not disturbed by the victim, whatsoever witnesses who may already be on the scene, the media or police force officers not involved in the investigation.
Speak to victim
The post-obit steps should be taken when talking to the victim (remember that, at this point, intimate questions should not exist asked):
- Introduce yourself
- Have 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 offense
- Obtain a brief version of the events from the victim
- Attempt to become a full description of the suspect. This must be circulated immediately (the doubtable may still exist in the area)
- Contact the detective on standby or the FCS unit to nourish the scene
Heed to and comfort victim
While waiting for the investigating officeholder to go far at the scene, the attention officeholder may talk less formally to the victim. Do Non exit the victim lone until the investigating officer arrives. Mind 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 fabricated.) Write everything down that the victim says, using foolscap paper and file it nether annexure B of the example docket. Bear witness empathy (understanding), not sympathy (pity), towards the victim.
Inform victim of law procedures
Explicate the part of every police official in the process:
- investigating officeholder
- fingerprint experts
- photographer/video unit of measurement
- tracing unit/criminal offense prevention unit of measurement
Propose victim of case confidentiality
Victims are often worried that anybody will know the intimate facts of the example. Explain to the victim that only the relevant persons volition know the exact facts and that it will not exist necessary for the intimate details to be told repeatedly.
Explicate about the medical test
Inform the victim that if he/she wishes to go along with the example, a medical examination volition be necessary. The medical test must exist carried out every bit soon as possible and volition be done past the accredited health care practitioner. The investigating officer volition make the necessary arrangements. (Consummate SAP 308)
Stay with the victim
A police official must remain with the victim until the person who will take the affair 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 past this.
Each case should be dealt with according to its own claim. This brake is applicable only if the victim has not already rinsed his or her oral fissure every bit an oral swab can be taken merely within half dozen hours afterwards the incident.
If the victim needs to urinate, he or she must exist brash to retain whatever sanitary textile used.
Earn the victim'due south trust
As the investigating officeholder has to obtain very intimate details from the victim, it is essential to endeavor to win the victims trust during the first meeting.
Registration of case docket
The investigating officeholder'south first responsibility is to register a example docket. The case docket must be registered before:
- The accredited health care practitioner volition examine the victim, and
- a suspect may be arrested and/or held in custody
If, for any reason, an investigating officer is unavailable to annals a docket, it remains the responsibility of the get-go officeholder on the scene.
Victim's particulars unknown
If the victim's basic details are unknown equally a effect of injury, shock, trauma, unconsciousness or inebriation, a <skeleton' docket must be registered (eg., the state as per constable X).
Procedure
The post-obit steps must be followed when dealing with the victim:
- Identify yourself past stating your rank and full name. Again, land your commencement name (or name that the victim may utilise when talking to you lot). (The victim may feel more at ease on a first name footing rather than the total rank and proper noun of the officer).
- Obtain a brief description of what happened (in private).
- Define whether the procedures take already been explained and if non, briefly explain your office and the subsequent constabulary procedures.
- Do not ask too many questions during the starting time coming together. Concentrate on eliciting relevant item necessary for the accredited wellness care practitioner'due south test. Avoid questions which cast the blame on the victim, and do not exist judgmental when posing these questions.
- Report everything the victim says using foolscap paper and file information technology nether annexure B in the case docket (for future reference).
- Provide the victim with the written example number and your personal details as the investigating officer.
Offer support to the victim
Touching the victim unnecessarily must as far every bit possible be avoided. Once once again, show empathy and non sympathy.
Completion of the SAP 308 Form
An SAP 308 (permission for medical examination) must be completed by the investigating officer.
Note:
Adult victim:
The investigating officer must at the bottom of form SAP 308, record precisely which samples he/she requires from the accredited health care practitioner. Ensure that all the relevant details of the incident are noted on the SAP 308 or attached to information technology.Information technology is important for the investigating officer to escort the victim to the accredited health care practitioner and thereafter to a identify where the victim feels safe (eg., the home of a friend or of a family etc).
A male officer may non be present during the physical examination of a female victim. Depending on circumstances either a nurse or a female officer may exist present.
A kid victim:
A child victim may be accompanied by parents or guardians. The safe of the kid must be secured by either arresting the perpetrator or placing the kid in a place of safety.
If the alleged suspect is the parent or guardian of the victim, permission should be obtained from the other parent or guardian. If both are allegedly involved, permission may be obtained from the victim's headmaster or teacher or a magistrate. In an emergency, if none of these are available, a deputed police official may grant permission for the medical examination.
Clothes and other articles
Advise the victim that his or her underwear may be needed for forensic testing by the constabulary. Too advise him or her to take clean underwear when leaving home for the investigation, as dispensable underwear may not be available.
Inform the victim that he or she may asking the return of the articles seized later the decision of the criminal case.
Role of the Accredited Wellness Care Practitioner
Duties of Accredited Health Care practitioner
The investigating officer must explain the duties of the accredited health intendance practitioner to the victim.
Responsibility of Accredited Health Care practitioner
The accredited health care practitioner may accept sure samples from the victim.
The investigating officer must ensure that:
- correct samples are taken
- samples are conspicuously marked
- if samples are transported, that they are stored correctly
- the victim is non embarrassed or stressed more than than necessary
Medical process
It must be explained to the victim that the purpose of the exam is to collect medico-legal evidence.
Any medical treatment that may be required will be provided past or arranged at the wellness care establishment.
Bathing or washing
It must be explained to the victim that bathing, showering or washing before the medical exam volition destroy whatsoever evidence that may be nerveless and for this reason he or she must patiently wait until the stop of the medical examination.
Once the test has been completed, the victim will exist allowed to bath.
Chapter 4 - Medical Exam (Victim) |
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Overview
Introduction
This affiliate covers the medical examination that all victims must undergo if a charge of rape or sexual offence is to be pursued.
Medical samples required of victim in sexual offence cases
Of import:
Before any samples are taken the medical exam procedures must be explained to the victim. This may calm the victim
Samples required
The accredited health intendance practitioner may be requested to take one or all of the following samples:
Sample | Description |
Swab (posterior fornix) Drinking glass smear of swab Anal or oral swabs or smear where applicable | Swab must be air-dried. Law-breaking kit ane or three Swab must be rolled over drinking glass slides. Do not utilise fixative and do not put slides on top of each other. Anal, oral or vaginal swabs and smears where applicable (it must exist dry before placing in tube) |
Hair exhibit (foreign hair, non that of victim) | These must exist combed from the victim'south pubic expanse Place the hairs in a soft paper envelope. Law-breaking kit 4 |
Control hair samples from the victim's head and public area | A minimum of 20 hairs are required. These must exist pulled from different places of the victim'due south head. (Root of hair must be included) These hairs are required from different places on the head as there can be length and colour differences. Crime kit iv They must not be cutting from the victim. Place the hairs in a soft paper envelope |
Nail scrapings | Scrapings from under the nails of the victim if he or she has scratched the suspect (only if blood was drawn). Criminal offense kit ane |
Additional samples required
Where groupings and comparisons are required, the following additional samples must be taken:
Sample | Description |
A control blood sample of victim | All the suspects and all other parties with whom the victim has had interrcourse inside 72 hours (3 days) before the reported incident must exist gathered and a blood sample from each is to be taken. Questions concerning parties with whom victim has had sexual intercourse must be posed sensitively and must be asked in individual. Control blood samples must be in a fluid form, as well every bit ane coagulated claret sample (blood-red-brownish plug), and i EDTA claret sample (regal plug). Criminal offense kit 2 |
Dna | if DNA assay is required details tin be obtained from the forensic scientific discipline lab who will offering guidance in this regard |
The accredited health care practitioner may also need to take an alcohol sample and/or collect body fluid.
A blood-booze kit must exist used for this purpose and be sent to the Section of Health. Advice on contraceptive counselling may be given on request.
If sexual assault was not reported timeously (72 hours), make an appointment with the medical wellness intendance practitioner. Fifty-fifty if the victim has washed, exercise non discount the possibility that show could all the same be obtained.
Medical treatment required or requested
The greatest fear of virtually victims is that they may have contracted AIDS or some other sexually transmitted disease during the sexual offence.
If the victim has to receive whatever further medical treatment, he or she can exist referred to a primary health care center.
If the victim does non wish to make use of a centre of this kind, he or she may exist referred to the individual clinic of his or her own choice, on the agreement that the treatment will take place at his or her own cost.
If circumstances let, the investigating officer may accept the victim to the health intendance centre of his or her pick.
Chapter v - The Victim'due south Statement |
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Objective
The initial argument and examination of the victim need to be followed up past an in-depth statement
Setting the scene or how to conduct in-depth questioning
Questions should exist conducted in the post-obit manner:
- The investigating must take place in a relaxed, private atmosphere
- Explain to the victim that the taking of the statement will involve the giving of intimate details of the assault. If the presence of a third party may inhibit the disclosure of these details, propose that the third party not be nowadays. Deport in listen that a third political party who may exist a potential witness to the reported crime may under no circumstances be nowadays. If a joint conclusion is made that a 3rd party back up the victim during the taking of the statement, such 3rd political party may not comment on the merits of the instance, prompt the victim or interfere in any other manner.
- An investigating official must set aside more than enough fourth dimension to take down a statement of this nature.
- Try to identify an interviewing room where there are few distractions and, if possible, without a telephone.
- Explicate to the victim why sure intimate questions will have to be asked and that these questions are necessary to substantiate the allegations.
- The victim's statement must exist comprehensive. (Rather write also much, than too petty.) Meet checklist.
- The victim must exist told, with great sensitivity, that if he or she has washed something that might put him or her in a bad light when he or she is cross-examined, information technology is essential that he or she does not try to hide this fact or facts merely states it clearly.
Example:
An instance of this could be if the victim had consumed liquor or drugs. Exactly how much was used must be included in the statement. Yet some other example could be if the victim had originally found an accused attractive and had allowed him or her to osculation him or her. This waring must, to repeat, be given with neat sensitivity.
- If the victim had consumed liquor or used drugs, this must be included in their statement, as well equally exactly how much and what was used/consumed.
- The fact that the victim acted in this way, does non mean that permission was given to exist sexually assaulted. A victim who states everything in his/her statement, may, on the contrary, be a more apparent witness.
Obtaining the Victim's Total Statement
Objective
The initial statement and examination of the victim need to exist followed up with an in-depth statement.
This statement must be taken equally presently as the victim has recuperated sufficiently (depending on circumstances, ideally between 24 and 36 hours).
The reason for this is that more detailed data can be obtained from victim once she/he has rested.
Sexual offence argument checklist
The following is a checklist to help yous in the taking of the victim's statement:
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Paragraph statements
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Do not prime the victim - it must be his or her ain statement (never ask leading questions)
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Full names (maiden name if applicable)
- Age and date of nativity
- Identity number
- Occupation
- Residential address
- Telephone number and code
- Place of employment if applicable
- Telephone number
- facsimile number
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Item of events leading up to the incident. (This volition vary according to circumstances and at that place volition exist more data in some cases than in others)
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Describe the scene of criminal offence prior to attack
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Fully depict victim's clothing and victim'southward description (this may aid forensics and identification)
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Draw other victims (if more than i victim has been involved)
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Mean solar day and engagement. Specify mean solar day of week
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Clarify time - how did the victim know what the time was?
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Depict, if possible, whatsoever road taken by victim prior to set on
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Witness - any known to victim, other witnesses description and name (if possible) may link victim to suspect
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How suspect approached victim
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How suspect maintained control of the victim
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If restraints were used, did the suspect bring them with him or her or did they belong to the victim?
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Weapons etc., used, displayed, mentioned
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Exact words spoken by suspect. Use direct oral communication
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Verbal words spoken by victim to suspect. Utilize direct spoken language
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If there is more than one suspect, briefly identify each by some distinguishing feature such every bit a moustache, facial mark, colour of shirt, etc
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Details of anything left at the scene by the suspect
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Describe annihilation touched by the suspect
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Did suspect take an escape road prepared prior to the set on
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Continually draw the victim's state of mind during the whole incident. What was the victim feeling or thinking in relation to each consequence as it occurred
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Threats made by suspect - verbal linguistic communication
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Was at that place whatsoever resistance by the victim? Include reasons for resisting or non resisting
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If victim resisted, explicate the doubtable's reaction (speech, facial expression, physical reaction)
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Did the suspect force the victim into whatsoever particular concrete position?
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Did the suspect photograph the victim?
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Describe if and how article of clothing was removed and by whom, and in what society - where the clothing was placed or left
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Was the victim fabricated to dress in whatsoever specific items of wear?
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Were these items brought to the scene by the suspect?
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Were any items of clothing stolen by the suspect?
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Did the suspect coerce the victim to use any specific words or sentences during the assault?
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Describe, in full detail, the sexual assail. Describe the acts. Was the victim given whatever options?
Consider:
Touching Where and past whom;
Victim by suspect
Suspect by victimKissing Suspect past victim
Victim by suspectUtilize of instruments Foreign objects used or placed in vagina, anus etc Digital penetration (fingers) In vagina or anus Fetishism Particular attraction/request for certain object (clothing/perfume/baby oil) Voyeurism Watching a particular human action (eg suspect watching victim masturbate) Fellatio Mouth to penis Cunnilingus Oral cavity to vagina Sexual sadism Beatings, burning, whipping, biting, twisting breasts, asphyxiation (strangulation) until victim is unconscious, painful chains (tied upward) Annullingus Licking anus Urination Urinating on victim Defecation Defecation of human waste material matter (faeces) on victim Bestiality Forced to perpetrate sexual act with animal Sodomy Forced male penetration of the anus by penis
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If sexual intercourse took place, verbal clarification of how victim felt (strength, fear, fraud)
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How penis entered vagina (or other orifices)
position of bodies
position of easily
position of legs -
Was suspect's penis cock?
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Was whatsoever lubricant used?
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Was the suspect circumcised?
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Did the suspect take difficulty in achieving erection or maintaining it or experience premature ejaculation?
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Was the victim forced, manually, to masturbate suspect to reach or maintain his erection?
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Did suspect ejaculate? How did the victim know that the suspect had ejaculated?
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Did the doubtable use anything to wipe his penis afterward the offence?
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Was annihilation done by the suspect to remove or terminate semen existence left behind: eg forcing the victim to wash, combing victim's pubic hairs, using a condom?
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If tissues were used, what happened to them? Where did they come from?
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If oral sex occurred did victim spit out semen or vomit - if so, where?
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Was the victim told or forced to take any drugs or medication or alcohol by the suspect?
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Was there any blood anywhere? Describe on the victim or suspect or scene (of law-breaking)
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If a number of sexual acts were carried out, describe the exact lodge in which they were committed and the oral communication used to victim, prior, during and after
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Any specific threats made to victim non to written report the offence. The verbal words used must exist given
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Any deportment or words used to stop victim recognising the suspect
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Did the suspect accept steps to avoid leaving fingerprints
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Was whatever of victim's belongings taken to assist the suspect locating him or her again? Was this taken to terminate reporting the incident? Was this mentioned specifically by doubtable?
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Did suspect suggest they meet again? Give specifics
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Was the suspect curious about victim'southward life, family unit or previous relationships, sexual or otherwise?
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Did the suspect pay any compliments to the victim?
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Did the suspect make excuses for what he had done or apologise for it?
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Did the doubtable make any mention of police procedures?
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How did attack end?
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How did victim go out the scene?
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How did suspect get out the scene? Was it by foot, by car, or bicycle?
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Did the victim tell anyone and when did he or she practise so?
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A full description of the doubtable(southward) from head to toe
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Include description of habiliment. Information technology may be necessary to land what the suspect was not waring, eg a jacket
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Did suspect speak in language known to victim? Clarify
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Did suspect take an accent? Clarify, if possible
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Did the victim know the suspect? If the answer is in the affirmative, give details. Would victim be able to recognise suspect again?
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How was matter reported to police?
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Permission from victim for the exam of the scene of their property and for the removal of items for evidence and forensic examination
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Depict fully all belongings taken, including serial numbers, colours, sizes, identifying marks
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Get the victim to formally identify whatsoever property left by suspect at the scene
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Draw all the injuries inflicted on the victim
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Include the fact that victim did not consent, even if this is obvious
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Tape the absence of consent for the removal of any of the victim's belongings by the suspect
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Is the victim willing to attend court?
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Make sure that the victim reads the statement thoroughly and that it is signed in all the right places
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When was the concluding time the complainant had sexual intercourse? If within 72 hours, control blood samples are required from all the partners
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Victim'due south consent to forensic testing of articles seized for examination and that the victim knows that the articles may exist damaged in the process of the forensic examination
Chapter 6 - Medical Examination (Doubtable) |
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Overview
This affiliate contains the topic on how to take samples from the doubtable
Aim
Samples from a suspect are used to aid in determining that the correct person is to br prosecuted
Legal requirements
Section 37 of the Criminal Procedure Act, 1977 (Human action No 51 of 1977), gives a police official the correct to request medical samples.
Samples to be taken from the suspect by the accredited health intendance practitioner
If the doubtable is traced he will exist taken to the accredited health care practitioner and the following samples may be taken:
Sample | Description |
Pubic hairs | These must be combed from the suspect's public expanse. Place the hairs in a soft paper envelope |
Control pilus samples from the suspect's head | Minimum of 20 hairs are required. These must be pulled from unlike places on the suspect'southward caput. Criminal offence kit 4 These hairs are required from different places on the head as there can exist differences in length and colour They must not be cut from the suspect's head. Place the hairs in a soft paper envelope |
Blood | Offense Kit 2 EDTA |
Blood for determining alcohol content | Only required if this is a factor in the case. Claret or alcohol kit |
The accredited wellness intendance practitioner may also need to take an alcohol sample and collect body fluid. A claret/alcohol kit must exist used for this purpose and the samples be sent to the Department of Health. A suspect cannot be tested for Aids only because he or she is a suspect or an accused person.
If the presiding officer, in the interest of the case, does not explicitly guild a suspect or defendant'due south blood to exist taken for HIV testing, it may non be taken.
Chapter 7 - Preventing Exhibit Contamination |
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Introduction
An allegation of whatsoever sexual offence is extremely difficult to prove considering, in full general, there are no eyewitnesses. It is normally the victim'due south word against that of the suspect.
Every bit a effect of the nature of this blazon of case the evidence is extremely important.
Inthis chapter
This affiliate contains information well-nigh the prevention of contamination of exhibits
Exhibit contamination
If exhibits from both the victim and the suspect are placed on the same table or surface while they are being packed, contamination of the exhibits may occur.
Forensic science laboratory
From the moment the investigating officeholder takes the samples into possession from the accredited health care practitioner, the SAPS is responsible for maintaining the concatenation of evidence. The exhibits must therefore be marked and sealed properly.
In most cases the testify of the forensic science laboratory is very important to prove the case, or to abnegate the victim'southward or suspect'southward version of the events.
Guidelines to prevent contamination of exhibits
In order to ensure that contamination of the exhibits (including the victim and suspect every bit they are both considered to be exhibits) does non occur to take place, the following guidelines are provided and should be adhered to where possible.
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The law officer who visits the scene, or with whom the victim comes into contact, must avoid coming into contact with the suspect
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The victim and the doubtable must not be transported in the same police vehicle
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The aforementioned police officer must avoid contact with the wearing apparel of both the victim and the suspect
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Ideally both sets of clothes should not be seized and packaged past the same official. Recollect the statements need to prove the treatment of the chain of evidence
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Different work surfaces should be used to package all exhibits
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In cases in which the doubtable was arrested presently after the offence had been committed, the same police officer may non comport an interview with both the victim and the doubtable, before the doubtable and the victim accept dressed in other wearing apparel and the dress worn during the alleged attack take been removed for forensic analysis.
Chapter 8 - Identification Parades |
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Introduction
It is suggested that an identification parade be held when the identity of the doubtable/s is in dispute. If uncertain of the necessity therefore, the investigating officer must liaise with the prosecutor in this regard as this is withal some other trauma the victim has to undergo. The importance and purpose of the identification parade should be explained to the victim.
Identification parades
Where to hold an identification parade
An identification parade should, as far every bit possible, be held at a venue or station where the facility of a ane-manner mirror is available. The officeholder responsible for the identification parade must keep in heed that the legal representative of the accused must exist given the opportunity to be nowadays at all times.
Caption of procedure
The process should exist explained to the victim before he or she is exposed to the identification parade.
Identification of suspect
If an identification parade is necessary, all that is expected of the victim is that he/she clearly identifies the doubtable. The victim does not have to bear upon the suspect.
Contact between victims
If more one victim is possibly linked to i or more than suspect, contact between these witnesses must exist avoided at all costs as this may seriously prejudice time to come court proceedings. This is relevant at all stages of the investigation.
Chapter 9 - Victim Aftercare |
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Referral to counselling services
A listing of all organisations in the area offer counselling must be kept in every accuse role and the victim must be informed that counselling services are bachelor.
Found who is available in the area to render this service, eg 'Rape Crisis' and 'Life Line'.
Assistance victim to become counselling
Although it remains the task of the law to investigate crime, an attempt must exist fabricated, without losing objectivity and equally far as practically possible, to assist the victim throughout.
The choice about choosing an organisation remains the victims'due south. The constabulary will offering help in this regard.
In the instance of children, refer to the CPU or a specialist for the procedures that must exist followed.
Affiliate 10 - Assistance to Victim During Courtroom Proceedings |
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Go along the victim informed
Always keep the victim informed of the progress of the case (eg bail proceedings, court hearings).
Even if you exercise not have any positive progress to study, the victim volition feel reassured that their case has not been <forgotten' if regular reports are made to them.
Prepare the victim for court
Although the victim must non exist told what to say, information technology is the officer's duty to put the victim at ease by explaining court procedures.
The following steps should be followed to ensure that the court process is as untraumatic as possible for the victim:
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Take the victim to the courtroom where the instance will be heard prior to the day of the trial. Suit a suitable fourth dimension with the prosecutor. A pretrial consultation with the prosecutor is imperative. Arrange for a specific prosecutor to exist allocated. Take the docket to courtroom before the proceedings to permit enough time for preparations.
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Explain the meaning of 'in camera' to the victim, as the prosecutor may enquire the magistrate to hear the evidence in photographic camera.
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Give the victim his or her argument to read once more. Small details can become of import in the statement, particularly in courtroom proceedings, and this will assist to prep-are the victim.
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The victim will come across reporters in court, which may distress him or her. Reassure the victim that his or her particulars will not be published unless authorised by the magistrate. (See section 335A of the Criminal Procedure Act.) A kid is always protected in this regard.
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It is the duty of the law to inform the victim about the possibility of delays in the court proceedings, and to encourage them to persist with the case.
Pre-trial impact statement
A farther argument from the victim must be obtained before he or she gives evidence. It must describe eg nightmares, personality and or concrete changes. The purpose of this is to print upon the court the affect the crime has had on the victim.
SAP 62
Whenever a sentence of 2 years or longer is imposed by the court, a SAP 62 form must be completed in triplicate. The importance of the detailed completion of this grade cannot be emphasised enough. The Parole Board relies heavily on the investigating officer'southward input in this regard when determining possible parole.
Issued past the South African Police Service |
Source: https://www.justice.gov.za/policy/guide_sexoff/sex-guide01.html
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