Sexual Assault Investigations

Policy: Sexual Assault Investigations

Author: Chief Joseph M. Hallman

WILEAG Standard: 11.1.2, 14.1.1, 14.1.2, 14.1.3.2

Issue Date:  April 7, 2012

Reviewed Date: April 7, 2026

Revised Date: April 7, 2026

 

Purpose:

The purpose of this policy is to provide officers and investigators with guidelines for responding to reports of sexual assault, assisting victims, collaborating with local health and service agencies, and conducting interviews.

Policy:

A sexual assault is a major crime that affects the emotions of the victim.  Care should be taken to consider the emotions experienced by the victim.  A victim’s distress may create an unwillingness or psychological inability to assist in the investigation.  Officers play a significant role in both the victim’s willingness to cooperate in the investigation and ability to cope with the emotional and psychological after effects of the crime.  As such, it is the policy of this department that a sexual assault advocate from Family Advocates be immediately involved in a sexual assault investigation to provide services to the victim.  Investigating officers should take time to assure evidence is collected, interviews are conducted, and reports are complete. (14.1.1) (14.1.3.2)

Definitions:

  1. Sexual assault- for the purpose of these guidelines, includes all non-consensual sex acts as defined by Wis. Stat. §940.225
  2. Sexual Assault Nurse Examiner (SANE)- is a Registered Nurse, Physician's Assistant, or Medical Doctor who has been trained in the physical examination and collection of evidence in sexual assault cases.
  3. Victim Advocate- is a term which may apply to a wide range of service providers, rape crisis counselors, social workers, victim witness providers within a prosecutor's office, and law enforcement officers, including departmental victim assistants.  Depending on the primary functions of these different   advocates, the levels of confidentiality and privilege they have will vary and should, therefore, always be   understood by each member of the sexual assault response team and communicated to the victim.

Procedures:

  1. Mandatory Reporting
    1. Title IX of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) require both “Responsible Employees, and Campus Security Authorities to report incidents of sexual misconduct, to include sexual assaults, to a police officer and/or the Title IX Coordinator.  It should be noted that all University Police staff, both sworn and civilian fall under both of these designations. 
    2. Under Universities of Wisconsin requires mandatory reporting by all universities within the system.  
      1. Wis Stat §36.11(22)(2)(c) states that “any person employed at an institution who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution that the student has been sexually assaulted shall report to the dean of students of the institution.  The dean of students shall compile reports for the purpose of disseminating statistical information under par. (A)1.b.”
    3. To comply with the statute, a University Police Officer receiving a report of a sexual assault shall complete:
      1. The Sexual Violence & Sexual Harassment Reporting Form found on the University Sexual Misconduct website.
      2. University Police Incident Report in RMS
  2. Responding Police Officer Responsibilities (Reference Procedure Checklist)
    1. Initial responding/investigating officers should:
      1. Control access to the scene. Evidence will be collected and preserved as outlined in the Wisconsin Department of Justice "Physical Evidence Handbook."
      2. Make initial contact with victim.
      3. Assess the victim's medical condition.
      4. Determine if, in fact, a sensitive crime occurred
      5. Determine the jurisdiction in which the incident occurred
      6. Coordinate for necessary emergency medical treatment. 
        1. If the victim goes to the hospital, take along a complete change of clothing for the victim.  An officer should accompany the victim to the hospital. An officer transporting a victim should explain to the victim that she/he is being asked to sit on a clean emergency blanket in order to prevent contamination of any microscopic evidence that might be on her/him.  The blanket should be packaged as evidence afterwards, folding it in such a way that the outside of the blanket does not contact the inside of the blanket.
      7. Relay all vital information to responding officers and supervisors, including any possible language barriers
      8. Contact the Department of Social Services, if the victim is a juvenile.
      9. The responding officer shall contact the Chief or his/her designee for 1st and 2nd degree sexual assault cases or anytime additional resources would benefit the investigative efforts.
      10. Officers shall refrain from conducting lengthy interviews with the victim to save the victim from having to repeat the details of the event in subsequent interviews. Interviews shall be limited to determining whether a sensitive crime has occurred, jurisdiction of occurrence, suspect information, and efforts to comfort and reassure the victim.
        1. The officer should not go into great detail with the victim at this point, unless the victim feels comfortable and wants to talk.  The officer should utilize crisis intervention techniques such as comfort and assurance.  The officer shall contact Family Advocates and ask for a sexual assault advocate to immediately respond. The officer should explain the procedures to the victim briefly and concisely.  Even though a victim may appear calm and detached, they may be in serious emotional shock. (14.1.3.2)  
      11. To assist in evidence collection, strongly discourage the victim from taking a shower, eating or drinking.
      12. Officers/investigators should provide the victim with the State-mandated Victim’s Rights Form. Victims should be advised of resources for reimbursement given the unlikely return of personal effects and clothing taken as evidence. (14.1.2.2)
      13. Obtain suspect information.  Express concern for the victim and explain the need for information on the suspect.  Obtain a detailed description of the assailant and any vehicle involved. 
      14. Conduct or coordinate a canvass for witnesses. It is imperative to locate witnesses as soon as possible.  It is sometimes of value to return to the crime scene at the same time of the incident the following day. Eyewitnesses to sexual assaults are rare.  A potential witness could be anyone having contact with the victim or suspect immediately before or after the assault.
  3. Assisting the Victim
    1. As part of the emergency response, officers shall:
      1. Show understanding, patience, and respect for the victim’s dignity and attempt to establish trust and rapport. (14.1.1)
      2. Inform the victim that an officer of the same sex will be provided if desired and available.
      3. Contact a Family Advocates sexual assault advocate as soon as possible to provide assistance throughout the reporting and investigative process. (14.1.3.2)
      4. Supply victims of sexual assault with the phone number for Family Advocates, University Counseling Services, or Unified Counseling Services. (14.1.2.7)
      5. Be aware that a victim of sexual assault may bond with the first responding officer.  It is important to explain the role of the different members of the investigative process and help with transitions through introductions.
      6. Record observations of the crime scene, including the demeanor of the suspect and victim and document any injuries or disheveled clothing.
  4. Evidence Collection (11.1.2)
    1. Officers shall protect the integrity of the evidence and guard the chain of custody by properly marking, packaging, and labeling all evidence collected.
      1. All items containing possible biological evidence (i.e. clothing or bedding) must be packaged separately in paper bags.  All items should be air dried in the forensic evidence cabinet or evidence locker for 24 hours or until completely dry.  After drying, all items must be properly packaged and sealed by the collecting officer. Plastic bags should not be used.
      2. The outside of each bag containing evidence must be legibly marked with the case number, from whom item was obtained or the item owner, date and time, and the collecting officer’s initials.
    2. Evidence collection from the victim and suspect must be prepared separately and care will be taken to avoid cross contamination.
    3. Photograph and videotape the victim’s injuries (if any), the suspect’s injuries (if any), and the crime scene prior to processing
      1. When photographing a victim, be sensitive to the location of the injuries on the victim’s body
      2. If possible, summon an officer of the same sex as the victim
      3. Photograph victims using drapes and other techniques that help to maintain the victim’s dignity
      4.  Instruct medical personnel to take photographs of the genitalia when needed
    4. Diagram the crime scene(s)
  5. Medical Examinations
  1. The sexual assault medical exam is a voluntary examination, but it is a critical part of the sexual assault investigation. Specially trained nurses in a Sexual Assault Nurse Examiner (SANE) should be used, whenever possible. 
  2. The initial or investigating officer shall explain to the victim the reasons for the medical examination (e.g., preventive treatment for venereal disease) and the need to collect biological specimens for evidence
  3. Once the victim has been taken to the hospital, the examination and collection of evidence will be controlled by the on-duty doctor or SANE personnel. The officer at the hospital must obtain names, addresses, and phone numbers of the physician and all attending medical personnel.
  4. The Investigating Officer may assist hospital personnel, as needed, with the collection and preservation of evidence
  5. The following describes general rules of evidence for the SANE exam:
    1. A Sexual Assault Evidence Kit will be provided by medical staff and will be given to the officer after the evidence is collected.  The officer should properly secure the kit while it is in his/her custody, package the kit for mail delivery, and mail the kit to the Crime Lab as soon as possible.
    2. The kit shall not be allowed to freeze or be exposed to heat such as being near a car’s interior heater.
    3. Some envelopes may not contain evidence if medical staff deems some tests not necessary based on the interview of the victim. The contents of the used envelopes must be allowed to dry in the forensic evidence locker for 24 hours or until completely dry. 
    4. The officer with the victim will, if completed at that time, obtain copies of the "Sexual Assault Evidence Collection Checklist" and "Sexual Assault Report" from emergency room personnel and forward them to the Sergeant or information that the forms were not yet available. 
    5. If there are any problems or questions involving collection or packaging of evidence, an evidence technician should be contacted or the Wisconsin Department of Justice "Physical Evidence Handbook" consulted.
  1. Drug-Facilitated Sexual Assault Considerations
  1. If a drug-facilitated sexual assault is suspected, it is critical to obtain a urine sample from the victim as soon as possible. If it has been less than 24 hours since the time of the assault, also obtain a blood sample in a grey-top tube.
  2. Protocols for responding to illegal substance abuse by victims (including underage drinking) shall be followed and never used to discredit or discourage the victim from reporting the assault. The department priority is to conduct a thorough investigation of a sexual assault rather than prosecute victims for misdemeanor or forfeiture violations.
  3. Because of the delay in reporting most sexual assaults, laboratories capable of testing urine and blood samples at very low levels for those drugs commonly used to facilitate sexual assault are essential.
  1. A signed medical release should be sought authorizing the release of hospital records pertinent to the case to the “University of Wisconsin-Platteville Police Department.”   If the victim is a minor, a parent or legal guardian must sign the release form. If a parent or legal guardian is not available, Grant County Social Services should be contacted to arrange for care of the victim.
  2. After release from the hospital, the victim may be transported to a location where the victim feels comfortable. The primary investigating officer must be informed of the victim's location and phone number by the officer transporting the victim. The victim will not be allowed to return unescorted to the crime scene until investigation of crime scene is completed. The investigator should decide if the victim should be brought back to the crime scene for investigative purposes.  This occurs on a case-by-case basis and the condition of the victim should be considered.
  1. Victim Interviews 
    1. Interviews with the victim are generally more productive and result in better cooperation if done at the victim's convenience, without pressure, and at a location comfortable to the victim.  The privacy of the victim is very important. A Family Advocates sexual assault advocate (14.1.3.2), or another companion, can be present while obtaining a statement in the hospital if the victim requests.   (14.1.3.4)
    2. The condition of the victim will determine if any interview is held immediately or delayed.  Throughout the investigation, the victim should be reminded of the services which are available.
    3. The decision concerning who is present during the interview (friends of victim, counselor, officer, etc.) is made by the victim.  If others are present during the interview, the interviewing officer shall document who is present.
    4. During the victim interview:
      1. The victim should be allowed to describe the incident initially without interruption or questions.
      2. The police officer shall inform the victim of the need to complete a detailed report on everything that happened prior to, during, and after the assault.  If at any time the victim wishes to end the interview, he/she may do so. 
      3. The police officer will need to obtain detailed information concerning:
      1. the victim’s detailed description of the assault location
      2. events just prior to the sexual assault
      3. identify people who were with the victim or suspect immediately before and after
      4. identify anyone who may have witnessed the assault
      5. clothing description of the victim and the suspect, including condition after the incident
      6. details of the sex act
      7. means of restraining the victim or force used, including the threat or use of weapons
      8. any words used or instructions given to the victim
      9. marks, scars, tattoos, deformities, or other unusual physical features, including body odors
      10. alcohol or drug used by consent of the victim
      11. any suspected drug use without the consent of the victim, and reasoning for the suspicion.  (If a rape drug is expected, the victim should be able to provide a description of physical effects or blackout periods which support the belief.)
      12. victim’s response/reaction to the assault - resistance used, including verbal statements
      13. nature of any past relationship with the suspect, including any prior sexual relationship
      14. victim’s state of mind during and after the act
      15. who did the victim speak with between the time of the assault and reporting
      1. Prior to ending the interview, review the victim’s account of the incident to clarify any discrepancies or misunderstandings.
      2. The victim should complete a written statement; however, the statement may be completed outside of the formal interview setting. (The police officer’s investigation or completion of a written report will not be dependent on receipt of the victim’s written statement.)  
        1. If the victim does not wish to proceed with a criminal                       investigation, and refuses to complete a written statement, the victim should be strongly encouraged to document the incident in writing, and safely store the document in the event that he/she re-considers the decision to pursue an investigation.
        2. If the victim does not wish to pursue an investigation or prosecution, the victim shall provide a signed, written statement to that affect.    The victim should be informed that he/she can pursue the investigation at a later date, with the understanding that it becomes more difficult to investigate/prosecute as time passes.
    5. Sexual Assaults Involving Juveniles
      1. The Grant County Department of Social Services must be notified within 12 hours upon a report of a sexual assault involving a juvenile, either as victim or suspect, to the UW-Platteville Police Department.
      2. The Department of Social Services has been asked to notify the UW-Platteville Police Department whenever they initiate a sexual assault case.
      3. The UW-Platteville Police Department will coordinate and conduct all interviews of children reported as being involved in sexual assaults with the Department of Social Services.
      4. Officers should attempt to delay investigations of sexual assaults involving juveniles until the arrival of Social Services personnel on the scene. However, if the safety of the child is in question, delay may be inadvisable and impossible.
      5. A minor victim may provide information of limited quantity and quality if interviewed in the presence of a parent.  The needs and concerns of the victim should be explained to the parent and consent for an interview without the parent sought. The following applies:
        1. When the victim is a small child, the interviewing officer should use special care in discussing the incident with child and parents.  Terminology used by the child with regard to the sexual activity should be documented and "leading questions" avoided.
        2. The interviewing officer should explain to the child and, if appropriate, the parents exactly what is taking place and why.
        3. The child's parents may need counseling support during the investigation, which is available through the Family Advocates or Unified Counseling Services.
  1. Forensic Analysis
    1. The Sexual Assault Evidence Kit will always be forwarded to the State Crime Laboratory, by the investigating officer.  Other evidence will not be forwarded to the State Crime Laboratory, unless a suspect has been identified or the possibility that DNA evidence exists.  Transmittal forms for the State Crime Laboratory must be placed in an envelope and attached to the outside of any evidence. (11.1.2)
    2. If a suspect has been arrested for sexual assault, it is suggested that the following biological evidence be obtained while the individual is in custody.  If the individual will not provide written permission, seek authorization from the Chief or his/her designee for a strip search under Wis. Stat. §968.255, and refer to policy “Strip Searches” or obtain a search warrant. When at all possible, medical or SANE personnel should collect the following evidence:
      1. Pubic hair combings (use a sterile comb and include the comb with envelope containing sample).
      2. Blood on any skin surface or around the periphery of existing fresh wounds. 
      3. Fingernail scrapings when applicable.
      4. Head hair standards.
      5. Pubic hair standards.
      6. Saliva sample (recovered by a medical professional, consent or warrant required).
      7. Blood sample (recovered by a medical professional, consent or warrant required).
    3. The following guidelines apply to the collection of additional evidence from the suspect. 
      1. Clothing that the suspect is wearing may be seized if within a reasonable period of time after the offense.
      2. A search of any vehicle involved or a search at a dwelling may be made with consent or a search warrant.
  1. Investigating Officer Duties
    1. If an investigating officer, other than the first responding officer is assigned to a sexual assault, the investigating officer shall make contact with initial or responding officers to determine what occurred and what investigative steps have been completed.
    2. For recently occurring cases, the investigating officer should respond to the crime scene to provide direction about what evidence to collect, or collect necessary evidence and scene documentation.  It is important in all cases for the investigating officer to view the crime scene at some point during the investigation.
    3. The investigating officer shall make arrangements for interviewing the victim, any witnesses and, if known, suspects.
    4. The investigating officer shall make sure the victim is aware of resources available. For cases involving students, the Dean of Students and/or Title IX Coordinator should be notified.
    5. The investigating officer shall ensure that the following forms are completed or obtained in cases of sexual assault.
      1. Photocopies of any hospital originated Sexual Assault forms, including releases, checklists, and history forms.
      2. A photocopy of the hospital's Medical Release Form or UW-Platteville Police Department ‘s Confidential & Medical Release Form, signed by the victim.
      3. Evidence should be inventoried in the UW-Platteville Police Department’s records management system and then placed in a temporary evidence locker. (11.1.2)
      4. The UW-Platteville Police Department Statement form should be completed by the victim.
  2. Primary Incident Report
    1. The report of the initial responding officer should contain the following information at a minimum:
  1. Exact location of assault;
  2. Information on the identity of the suspect;
  3. Circumstances before and after the sexual assault;
  4. Potential witness information;
  5. Lack of consent;
  6. Information as to how the victim and assailant became associated;
  7. How the suspect maintained control of the victim;
  8. If any type of force was employed;
  9. Any evidence collected.
    1. If a victim reports a sexual assault 72 hours or more after occurrence, the assigned officer shall take the report and written statement, if possible. The case should be referred to Sergeant for review and determination if further investigation is necessary.

  1. Cases Occurring Outside UW-Platteville Police Jurisdiction
    1. If the sexual assault is determined to have happened off University controlled property, but in Grant County:
      1. The Communications Center should notify the appropriate jurisdiction and request their response to the victim’s location.
        1. An officer should respond to the victim’s location to provide the victim with information regarding available University services, if appropriate, and reassurance until the appropriate agency arrives.
        2. If the agency having jurisdiction is unable to respond, the officer should proceed with the initial investigation as outlined above.  The Chief or his/her designee should be notified.  After the initial investigation, the investigating officer should contact the appropriate jurisdiction to facilitate turning over the investigation.  This process should be explained to the victim.
      2. If the sexual assault happened outside Grant County:
        1. An officer should respond and proceed with the initial investigation as outlined above.  The Chief or his/her designee should be notified.
        2. The investigating officer will notify the appropriate jurisdiction of the sexual assault and will coordinate with that agency what role UW-Platteville PD will play in the investigation. The investigating officer will facilitate information sharing regarding the case with the appropriate agency or agencies. This process should be explained to the victim.
  2. Confidentiality (14.1.3.4)
    1. The identity of the victim, the reporter and witnesses will be kept strictly confidential in all sensitive crime cases. The UW-Platteville Police Department will only release these names to criminal justice personnel and the University official in charge of the Title IX reporting, involved in the internal investigation and prosecution of the crime. It should be noted that these persons may be called upon to testify at a later date.
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