last updated 31 August 2006

The police response to victims of sexual assault is an important battle in the fight to end sexual assault.  The police are typically the first people to officially respond to a claim of sexual assault.  Unfortunately, according to the UN Special Rapporteur on Violence Against Women, victims are often faced with discriminatory attitudes toward women in general and in particular toward victims of violence against women.  These attitudes are fueled by cultural norms that blame the victim as well as the patriarchal attitude that men have a right to sexually dominate women.  As a result, police protocols are imperative to ensure women are taken seriously and that police adequately investigate the crime.  Without these, women will continue not reporting rapes and conviction rates in rape cases will be low.  Effective police protocols are of utmost importance for incapacitating perpetrators and preventing future sexual assaults.  Furthermore, it is important to coordinate police investigation with prosecutors, victim support groups and other agencies and individuals involved in the sexual assault case.  In fact, the UN Special Rapporteur recommended programs that offer a “one stop center,” at which the victim will have the medical exams and police interviews, are the most effective at avoiding revictimization and successfully gathering evidence.  Malaysia has developed an effective one-stop center.

Sexual assault victims have significant support needs to deal with the trauma of rape that begin with the initial police interview.  The police may approach a sexual assault victim with a problematic attitude.  Police are not in the habit of trusting people, so they require the victim to convince them they really were sexually assaulted.  Also, many police are hesitant to investigate sexual assault because many victims, who initially report the rape to police, decline to press charges.  This is frustrating to officers who have spent significant time and energy preparing a case.  As a result, police can alienate the victim, an action that may induce the victim not to follow through with prosecution and may convince future victims not to report the crime in the first place.  In the U.S., some states have developed laws that mandate police training for dealing with victims of sexual assault. (CITE http://www.ilj.org/iljarchive/sa/sexaltpr.htm)  Training programs are being utilized in other countries around the world including India, United Kingdom and Costa Rica.  Police are also familiar with the difficulties associated with processing sexual assault cases, particularly rape.  Thus officers can feel it is futile to investigate a case they know will not result in a conviction.  Furthermore, police also make the initial decision as to whether a sexual assault actually occurred and by whom.  It is up to them whether the crime is investigated and a prosecutor notified.  (Compiled from Bryden)  In the United Kingdom and South Africa efforts have been made to make police stations more welcoming to victims of sexual assault. 

In addition to the police’s response to the victim, the police are also responsible for collecting evidence.  In sexual assault cases, all evidence is of particular importance as physical evidence may be the only avenue for conviction.  Unfortunately few police officers have been adequately trained in sexual assault evidence collection, which can result in evidence being missed or destroyed.  The U.S. Department of Justice Office on Violence Against Women has developed a National Protocol for Sexual Assault Medical Forensic Examinations, which offers guidelines to help states and communities understand the complex issues associated with sexual assault and evidence collection and provides recommendations for developing local protocols.  Canada has developed a sexual assault examination kit, which contains information on legal procedures, the medical examination, victim services and trial instructions, as well as receptacles for gathering physical evidence.  Much of the evidence will be located on the victim’s person, on or in her body and clothes.  The victim should be quickly transferred to a medical facility and monitored throughout the entire investigation to ensure no medical evidence is lost.  In order to ensure the most physical evidence is collected, the police must work in concert with the examining physician to make sure the victim has given as much information as possible.  For example, it is important to determine whether the victim bathed after the assault, any prior sexual activity, as well as the obvious questions regarding the form of attack and the description of the attacker.  In addition to appropriately identifying evidence, the police must also collect it in such a way that it is preserved and meaningful in trial.  For more information on police protocol for collection of evidence, please visit The Art and Science of Criminal Investigation webpage. 

In the United States, the Violence Against Women Act of 1994 authorized the STOP Violence Against Women Grant Program, which stands for services, training, officers and prosecutors.  This program is the primary funding source for local/state programs designed to stop violence against women.  The STOP program is aimed at establishing cooperation among all agencies involved in sexual assault cases with the ultimate goal of ending violence against women and providing victim services.  The National Institute of Justice performed a STOP program evaluation to determine the effectiveness of implementing STOP specifically with regard to the law enforcement and prosecution components.  The NIJ came up with several national trends among evaluated programs and provided recommendations for improvement.  The NIJ found that many programs were provided opportunities for training for new recruits, but were less effective in offering training to experienced law enforcement officers.  Most of the available trainings were focused on domestic violence.  The NIJ also found the STOP program was successful in forging relationships between the police and justice system to enhance offender accountability.  The STOP program was also effective at increasing accessibility to training programs for law enforcement officers.

The Michigan Sexual Assault Systems Response Team Task Force developed recommendations for official responses to sexual assault.  Police Protocols should require trainings that combat attitudes that condone violence against women as well as incorporate any sexual assault procedures into the culture of the police department.  Police departments should regularly review sexual assault cases to ensure compliance with procedures.  Further police protocols should provide for regular updates on sexual assault issues and legal briefings.  Sexual assault procedures and policies should be regularly reviewed and updated.

In the CEE/FSU region, very few states have implemented any organized police protocols. States are just beginning to assess sexual assault legislation, and have not yet implemented laws and protocols for guiding police officers.  Most states in the region have no specialized department for rape investigations, nor are trainings available for police officers.  The few states that do have trainings available are generally optional and put on by NGOs and other women’s rights groups in the region.  (International Helsinki Institute)

Compiled from: Robert R.J. Grispino, The Art and Science of Criminal Investigation, Serological Evidence in Sexual Assault Investigations, http://www.crimeandclues.com/90oct008.htm (October 1990). 

Institute for Law and Justice, The Evaluation of the STOP Violence Against Women Grant Program: Law Enforcement and Prosecution Components, http://www.ilj.org/publications/dv/nijstopevaluation.pdf (15 June 2001).

Michigan Sexual Assault Systems Task Force, The Response to Sexual Assault: Removing Barriers to Services and Justice, http://www.mcadsv.org/products/sa/TASKFORCE.pdf (2001).

Neal Miller, Institute for Law and Justice, Review of State Sexual Assault Laws, 1998 Legislative Codes, http://www.ilj.org/iljarchive/sa/sexaltpr.htm (February 1990).

New Mexico Crime Victims Reparation Commission, STOP Violence Against Women Grant Information, http://www.state.nm.us/cvrc/vawa.html (2006).

United Nations Economic and Social Council, Report of the Special Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika Coomaraswamy, 53rd Sess., U.N. Doc. E/CN.4/1997/47 (12 February 1997).