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

2 OutlineOutline Definition and Statistics on Sexual Violence (SV) Handling & Investigation of SV Cases Multi-disciplinary Collaborations Challenges & Expectations

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

4 Sexual Offences Crimes Ordinance, Cap. 200 Rape (S. 118) USI with MIP (S.125) Incest (S.47-48) Buggery (S.118) LIFE IMPRISONMENT

5 Offences MFMFMF Rape USI with MIP Incest Buggery Total Statistics (Victim age 18)

6 (Relation: Victim Vs. Offender)

7 Offences Instant Delay Instant Delay Rape USI with MIP Incest Buggery Total (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

8 Handling and Investigation Procedures Principles: (Care & Empathy) Victim should not be further traumatized No. of Interviews & Statement Taking Ensure victims privacy Strict confidentiality

9 Handling and Investigation Procedures Referrals from SWD, CIC, & NGOs: Duty Officers of Respective Police Divisions will be the Designated Contact Points

10 Handling and Investigation Procedure (Police Role) Well-being

11 Well-being(physical) Immediate Medical Attention Takes Precedence !! First Aid Hospital (A&E) 1stpriority

12 Friends/ Relatives Female Officers Social Workers/ Clinical Psychologists Separated Unoccupied Room Well-being(psychological)

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 !!!

14 Handling and Investigation Procedure (Police Role) InvestigationInvestigation Well-being

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

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 !!

17 When ? As soon as practicable Who ? Experienced officers Preferably female officers Where ? Convenient & Private What ? Comprehensive statement Investigation (Interviews & Statements )

18 Comprehensive Statement Full account of incident Conduct & condition of victim Before & After Signs of struggle Early complaint Collaboration

19 Reasons for Delayed Reports Shock/ Fear/ Confusion Worries of consequences Fear of report to police Fear of judiciary proceedings

20 Reasons for False Complaints Revenge Vs. Ex-boyfriend Fear of pregnancy Fear of full disclosure Underground relationship

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

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.

23 Investigation (VRI with MIP ) Interview Suite for Vulnerable Witness

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)

25 Investigation (Preserve Evidence) Why Scene Visits ? V ictim to identify locations Thorough search – Signs of struggle and physical evidence Look for circumstantial evidence

26 Investigation (Medico-legal Exam.) Victims Content WITHIN 72 HOURS OF RAPE

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.

28 Investigation (Identification Parades) One-Way Viewer Identification Parade Room

29 Handling and Investigation Procedure (Police Role) InvestigationInvestigation ProsecutionProsecution Well-being

30 Prosecution (Court Proceedings) Witnesses are required to attend court so as to help the court to establish the truth.

31 A cartoon showing the setting of the Live TV Link system in court Prosecution (Court Proceedings- MIP in Court)

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

33 Prosecution (Court Proceedings- Support Person) REMEMBER !! SUPPORT PERSON Prosecution Witness

34 Multi-disciplinary Collaboration

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…

36 Scenario – Victim reports to Police Court Proceeding Investigation Forensic Exam Crime Initial Enquiry Case Manager

37 Scenario – Victim reports to other Dept Investigation Forensic Exam Court Proceeding Case Manager

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. ……

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

40 Expectations Mutual Understanding Mutual Cooperation Close Liaison Mutual Understanding Mutual Cooperation Close Liaison To Provide the best Support & Services to Sexual Violence Victims !!

41 Thank You