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1 14th February 2007 Briefing on New Service Model in Handling Adult Sexual Violence Cases HO Yuen-ha, Irene Superintendent of Police Child Protection Policy Unit Crime Wing Support Group Police Procedures in Handling and Investigation of Sexual Violence Cases
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2 OutlineOutline Definition and Statistics on Sexual Violence (SV) Handling & Investigation of SV Cases Multi-disciplinary Collaborations Challenges & Expectations
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3 Non-consensual sexual act or exposure to such act Physical force or threat of force Victim is unable to give consent - age, mental capacity, fear, alcohol, drugs…… Definition
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4 Sexual Offences Crimes Ordinance, Cap. 200 Rape (S. 118) USI with MIP (S.125) Incest (S.47-48) Buggery (S.118) LIFE IMPRISONMENT
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5 Offences 200420052006 MFMFMF Rape054061060 USI with MIP0100806 Incest000100 Buggery012423 Total065274269 Statistics (Victim age 18)
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6 (Relation: Victim Vs. Offender) 20062005
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7 Offences 20052006 Instant Delay Instant Delay Rape 24 37 30 USI with MIP 0 8 1 5 Incest 0 1 0 0 Buggery 2 4 2 3 Total 26 50 33 38 (Occurrence Vs. Reporting) Percentage34%66%46%54% ~ 2 days to 7.5 years USI with MIP ~ 2 days to 3 years Rape Range of Time Lapse in Reporting
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8 Handling and Investigation Procedures Principles: (Care & Empathy) Victim should not be further traumatized No. of Interviews & Statement Taking Ensure victims privacy Strict confidentiality
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9 Handling and Investigation Procedures Referrals from SWD, CIC, & NGOs: Duty Officers of Respective Police Divisions will be the Designated Contact Points
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10 Handling and Investigation Procedure (Police Role) Well-being
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11 Well-being(physical) Immediate Medical Attention Takes Precedence !! First Aid Hospital (A&E) 1stpriority
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12 Friends/ Relatives Female Officers Social Workers/ Clinical Psychologists Separated Unoccupied Room Well-being(psychological)
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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 !!!
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14 Handling and Investigation Procedure (Police Role) InvestigationInvestigation Well-being
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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
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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 !!
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17 When ? As soon as practicable Who ? Experienced officers Preferably female officers Where ? Convenient & Private What ? Comprehensive statement Investigation (Interviews & Statements )
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18 Comprehensive Statement Full account of incident Conduct & condition of victim Before & After Signs of struggle Early complaint Collaboration
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19 Reasons for Delayed Reports Shock/ Fear/ Confusion Worries of consequences Fear of report to police Fear of judiciary proceedings
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20 Reasons for False Complaints Revenge Vs. Ex-boyfriend Fear of pregnancy Fear of full disclosure Underground relationship
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21 Investigation (Interviews & Statements ) 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
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22 Investigation (Statement Taking at Hospital ?? ) interview statement suitable venueconvenient adequate privacy Upon receiving a report, Police will interview the victim with a statement taken from her/ him, if necessary, at a suitable venue convenient to the victim with adequate privacy.
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23 Investigation (VRI with MIP ) Interview Suite for Vulnerable Witness
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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)
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25 Investigation (Preserve Evidence) Why Scene Visits ? V ictim to identify locations Thorough search – Signs of struggle and physical evidence Look for circumstantial evidence
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26 Investigation (Medico-legal Exam.) Victims Content WITHIN 72 HOURS OF RAPE
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27 Investigation (Identification Parades) Identification parades only after arrests. A Conventional Line-up One-way Viewer Parade Room Victims: Sexual Sexual/ Triad & Organized Crime/ Witness in Fear Parade Room : Only OC Parade (interpreter), OC Case & Defense Lawyer.
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28 Investigation (Identification Parades) One-Way Viewer Identification Parade Room
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29 Handling and Investigation Procedure (Police Role) InvestigationInvestigation ProsecutionProsecution Well-being
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30 Prosecution (Court Proceedings) Witnesses are required to attend court so as to help the court to establish the truth.
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31 A cartoon showing the setting of the Live TV Link system in court Prosecution (Court Proceedings- MIP in Court)
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32 Prosecution (Court Proceedings- Support Person) DosDonts Explain court procedures & role of witness Pre-trial visit Accompany witness (TV Link) Notification of court result View the video- recorded interview prior the trial Access to statements Discuss facts Do anything to prejudice the trial proceeding
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33 Prosecution (Court Proceedings- Support Person) REMEMBER !! SUPPORT PERSON Prosecution Witness
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34 Multi-disciplinary Collaboration
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35 Role of Case Manager DosDonts Crisis intervention / Emotional Support Coordinate services Arrange follow-ups / referrals Enquire progress on behalf of vtms Look after welfare needs of vtms Contaminate vtms version Affect vtms credibility Interfere evidence/ investigation by prompting… coaching… influencing vtms…
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36 Scenario – Victim reports to Police Court Proceeding Investigation Forensic Exam Crime Initial Enquiry Case Manager
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37 Scenario – Victim reports to other Dept Investigation Forensic Exam Court Proceeding Case Manager
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38 Personal (Data) Privacy Ordinance Exemptions : S. 58 (2), Cap, 486 Personal Data used for the purposes of : - 1.Prevention or Detection of Crime; 2.Apprehension, prosecution or detention of offenders; 3.Prevention or remedying unlawful or seriously improper conduct; 4. ……
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39 Challenges Police s Role (Balance between Compassion & Justice) External (Allegations & complaints) 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
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40 Expectations Mutual Understanding Mutual Cooperation Close Liaison Mutual Understanding Mutual Cooperation Close Liaison To Provide the best Support & Services to Sexual Violence Victims !!
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41 Thank You
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