Copyright © 1998 Battered Women's Justice Project, National Resource Center on Domestic Violence
A product of the Promising Practices Initiative of the STOP Violence Against Women Grants Technical Assistance Project.
The goal of the Technical Assistance Project is to strengthen the criminal justice system's response to victims of sexual assault, domestic violence and stalking. The project is a collaboration of the Battered Women's Justice Project and the National Resource Center on Domestic Violence, a project of the Pennsylvania Coalition Against Domestic Violence.
This project was supported by Grant No. 95-MU-MU-KO2O, awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
For many of us, the adage, "there is no place like home" conjures up images of warm, comfortable, family scenes. For millions of women in the United States, however, this phrase has a very different meaning. For these women, home is a place of intimidation, fear, and violence. Domestic violence continues to be the leading cause of injury to women. In fact, women are at greatest risk of becoming a victim of violent crime in their own homes. The violence is not just debilitating -- the injuries can be deadly. According to the 1995 FBI's Uniform Crime Reporting system (URC), 26 percent of female homicides are perpetrated by husbands, ex-husbands, or boyfriends (for those cases in which the victim-offender relationship is known).
Even if she is free of physical or sexual abuse in an intimate relationship, a woman faces the risk of being sexually assaulted by an acquaintance or stranger. Sexual assault is acknowledged to be the most under-reported violent crime on which national statistics are kept. Even so, the redesigned 1992-1993 National Crime Victimization Survey (NCVS) estimated approximately 500,000 women are the victims of some form of rape or sexual assault each year. In 75 percent of the cases, the victim knows the offender.
Stalking is another violent crime that plagues many women. Only recently has the justice system and the public recognized stalking as a distinct and serious crime, rather than an antecedent to other crimes. Beyond highly publicized cases involving celebrities and political leaders, there is still little understanding of stalking as a crime, and few people acknowledge it as one that affects "ordinary" people. In contrast to these highly publicized cases, the majority of stalkers know their victims, and much stalking occurs within the context of domestic violence, particularly when victims try to leave their batterers. A survey, jointly sponsored by the National Institute of Justice and the Centers for Disease Control and Prevention, concluded that one out of every twelve American women has been stalked sometime during her life.
Perpetrators of domestic violence, sexual assault and stalking discriminate against no one. Women of all ages, races, cultural and social backgrounds are victims of these violent crimes [1] . The impact of these crimes extends to families, the workplace, and all of our communities.
Over the last two decades, dramatic changes have occurred in the public response to violence against women. Prior to the mid-1980's, the failure of the justice system to take these crimes seriously reinforced the escalating, recurring and often lethal nature of domestic violence and stalking. In this regard, the law - and those responsible for upholding the law - reflected society's tolerance of intimate violence, its prejudices against victims of violence against women, and its ignorance of the complexities of the issues implicit in these crimes.
In the mid-1970's, survivors and advocates gave voice to women who had previously been silent. The battered women's and anti-rape movements demanded additional legal protections and a full range of services for victims. By the late 1970's, a limited number of jurisdictions had initiated legal reforms. Some states passed new civil and criminal laws giving greater protection to victims and enforcing penalties on perpetrators. Criminal justice agencies, some funded under the Law Enforcement Assistance Agency ("LEAA") Family Violence Program, trained personnel, developed innovative policies, and modified jobs to comply with the new laws.
As research began to document the relationship between violence at home and violence in our society as a whole, the criminal justice system looked for ways to stop violence against women. Ongoing advocacy by women's agencies representing battered women and sexual assault victims helped communities understand an effective response required systematic and coordinated change, involving both justice agencies and community providers.
While an increasing number of jurisdictions have undertaken initiatives in recent years to respond to sexual assault and domestic violence, the efforts are sporadic. Laws protecting victims and holding offenders accountable vary, limited numbers of criminal justice personnel are trained to enforce the law, and only some communities have embraced a coordinated response to reduce violence against women with clear strategies for intervention.
In 1994, Congress passed and President Clinton signed the landmark Violence Against Women Act (VAWA) to enhance the ability of States and Territories (hereinafter "States") to respond to violence against women. The legislation was designed to begin to close existing gaps and commit the Federal Government to an aggressive response to this epidemic. The VAWA creates new Federal laws, expands existing programs and establishes several new grant programs.
One of the grant programs was established as a formula grant program, designated STOP (Services, Training, Officers, and Prosecutors). The STOP program is administered by the Violence Against Women Grants Office (VAWGO), Office of Justice Programs (OJP), U.S. Department of Justice. These grants "assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violence against women, and to develop and strengthen victim services in cases involving violent crimes against women."
The VAWA defines violence against women as sexual assault, stalking, and domestic violence. It outlines seven specific purpose areas that can be funded with STOP dollars. It also requires states to allocate funds in 25 percent allotments in at least three categories (victim services, law enforcement and prosecution).
Understanding the importance of building a coordinated community response, the Act mandates each State develop a plan to implement the STOP program. The VAWA recognizes the key role community-based advocates have and must continue to play in developing effective strategies to stop violence against women. The Act stipulates each State must "consult and coordinate with nonprofit, non-governmental victim service programs, including sexual assault and domestic violence victim services programs."
In 1997, VAWGO, in cooperation with the STOP Violence Against Women Grants Technical Assistance Project (STOP T.A. Project), launched an initiative to identify and develop promising practices. This initiative is geared to help communities respond to the challenge of stopping violence against women. Thus far, expert panels have been convened to identify key issues and practices, a national survey of hundreds of practitioners was conducted, names and descriptions of over five hundred programs have been submitted, and in-depth interviews have been conducted.
In the spring of 1998, VAWGO will publish a comprehensive manual to help states and their sub-grantees draw on the most promising practices in their fields as they undertake implementation of the VAWA.
The manual will contain chapters on victim safety planning and practices responding to violence against women from the perspective of law enforcement, prosecution, the courts, and victim services. It will also offer a chapter on practices aimed at building coordinated responses to violence against women. Practice descriptions will identify a problem, explain how the practice addresses the problem, briefly describe the components that make the practice work, and propose an action plan to put the practice in place. The descriptions will highlight the barriers under-served populations confront when using the justice system and offer strategies to overcome these barriers.
Practices or specific elements of a practice will be illustrated by program examples. These programs will attest to the usefulness of the practices in saving lives, reducing violence, promoting victim recovery, and holding offenders accountable for their crimes.
In anticipation of the publication of the first volume, VAWGO is releasing the following assessment tool for jurisdictions to use in developing effective responses by law enforcement, prosecution, and the courts. The response checklists are not intended to be exhaustive; rather, they highlight some of the key elements of practices that will be fully explored in the manual.
Interspersed throughout the checklists are boxes defining the principles that undergird and enhance all of the proposed practices. The principles speak to the underlying values that should direct the design and implementation of any strategy to improve a community's response to victims of domestic violence, sexual assault and stalking. The values include: promoting the safety of women and their families; providing assistance to women to regain control and autonomy in their lives; and holding offenders accountable. These guiding principles of practice will form the foundation of the manual and are woven into the elements of the response checklists.
The checklists are accompanied by selected programs that have successfully incorporated some of the elements of the responses, often utilizing innovative, and potentially replicable strategies. The STOP T.A. Project office has copies of materials that are referred to in the program descriptions and will make them available upon request.
An additional section on the civil justice system response to domestic violence is also included, highlighting on legal representation programs for battered women and law school initiatives.
Readers who wish to comment on the checklists or recommend other practices or programs are encouraged to contact the STOP T.A. Project. Their office can be reached by phone (800-256-5883 or 202-265-0967 in the District of Columbia metropolitan area), fax (202-265-0579), or e-mail (STOPGrants_TA_Projects@csgi.com).
The majority of violent crimes against women are committed against intimate or known partners. These non-stranger crimes differ significantly from stranger assaults in that the violence perpetrated against the same victim often continues and escalates over time.
In all instances of criminal behavior, the justice system seeks to apprehend and sanction the offender. In domestic violence related cases, the justice system must also take steps to prevent further abuse to the known victim, protect that victim, and connect her with community services which enhance her safety and well-being. The intervention by the justice system may be ongoing and change over time.
The following checklists describe the basic roles of law enforcement, prosecution and the courts in responding to violence against women. They also show where agencies coordinate and collaborate with other justice system agencies and community-based advocacy programs.
Review the following lists, checking off responses your jurisdiction performs with success. Make note of gaps in your current response to violence against women.
Also review the selected programs, which illustrate elements of agency responses and often utilize innovative and replicable strategies.
Justice system personnel and community-based victim service providers can work together to develop and espouse shared beliefs about violence against women to guide policies and interventions. Shared beliefs should include:
Violence against women is a serious crime, requiring the justice system and community's attention.
No form of violence against women is acceptable behavior. Justice personnel must debunk the myths that overtly and covertly support violence against women, and replace them with facts about these crimes, the perpetrators and the victims.
Victim safety and welfare, as well as the safety of her children and other family members, is the paramount goal of justice system intervention.
Early intervention in violence against women cases, coupled with meaningful penalties and sanctions for offenders, can save lives and prevent further violence.
Responding to battered, sexually assaulted and stalked women from traditionally under-served populations requires multi-cultural services and multi-lingual capacity. Jurisdictions must strive to understand the unique problems faced by these victims and work with them to identify solutions.
Batterers, sex offenders and stalkers use violence to achieve and maintain control over their victims.
Victims are not responsible for their perpetrator's violent and controlling acts, nor do they have the power to change the perpetrator's attitudes or behavior.
Victims are in the best position to judge the danger the perpetrator poses to them and to make their own decisions about their safety. Practitioners have the responsibility to assist victims in this decision-making process by providing information about their options and available community resources.
The justice system must recognize the high risk of danger battered women and their families face when the decision is made to leave an abusive relationship. In many instances, domestic violence victims stay in the abusive relationship. The victim must be supported in her decisions, whether or not she decides to participate in the justice system.
Law enforcement represents the entry point to the criminal justice system for a substantial number of victims and perpetrators. Agency training, policies and protocols can support consistent and effective police intervention in both misdemeanor and felony offenses, while connecting victims with community services and support.
Proactive and aggressive police response can deter further violence and ultimately save lives. Increasingly, law enforcement agencies are promoting early intervention in domestic violence and stalking cases to protect victims before more injuries occur. Officers are being trained to thoroughly investigate sexual assault cases, while being sensitive to the vulnerabilities of victims. Timely and responsive law enforcement intervention can increase victim safety, enhance investigations, and facilitate successful prosecution.
The following checklist describes the basic role of law enforcement in responding to violence against women. It also shows where law enforcement agencies coordinate and collaborate with other justice system agencies and community-based advocacy programs.
Review the following list, checking off responses your agency performs with success.
Make note of gaps in your current response to violence against women.
Law enforcement intervention includes the following elements:
Dispatcher Response
Initial Officer Response
Follow-up Investigator Response
Supervisor Response
Data Collection and Communication
Management Response
Address victim safety:
___ Determine the facts and whether the victim is in danger or in need of emergency medical attention.
___ If the victim is in danger or needs emergency medical attention, provide her with crisis intervention services and dispatch an ambulance, if necessary.
___ Identify the crime as violence against women and give priority rating.
___ Obtain information from the victim: name, address and phone, suspect's use of weapons, and whether the suspect is present (if not present, obtain description of the suspect).
___ Promptly dispatch a patrol officer and backup unit, as necessary.
___ Keep the victim on the phone until the responding officer arrives.
___ Remind the sexual assault victim not to bathe or change her clothes.
___ Record the victim's excited utterances.
Obtain offender history and information on the likelihood of danger:
___ Use the agency database to provide the officer with any available criminal and civil history on the suspect.
___ Furnish the officer with information on offender dangerousness and specifics about the incident.
Secure the crime scene:
___ Respond to the dispatch call in a timely manner, whether it is an immediate or a delayed report.
___ Evaluate the potential for violence and secure backup, if possible.
___ Take precautions to ensure officer safety.
___ Examine the area (e.g., listen for whether noises can be heard from within the residence, observe if lights are on in the residence or if windows are open, and look for evidence of children and the location of car).
___ Enter the premises in compliance with the laws of the state.
___ Immediately stop the violence and separate parties.
___ Determine if children are present. Assess and respond to their immediate needs.
___ Evaluate the scene (e.g., damage, alcohol/drug use, emergency mental health issues, or presence of other witnesses).
___ Record the victim and the suspect's locations upon arrival.
___ If denied access to the premises and forced entry is not appropriate, return to the scene on a frequent basis to observe any activity in open view.
Address victim safety and provide assistance at the crime scene. The following steps should be taken whether or not an arrest is made:
___ Assure the victim her safety is the priority.
___ Inquire into the victim's need for emergency medical attention and provide first aid, if needed.
___ Provide the victim with information on her rights, referrals to justice system agencies and community-based organizations, and assist with her immediate needs.
___ Ask questions in a supportive and matter-of-fact tone of voice. Be calm, direct and patient. Be clear you want to help her.
___ Let the victim know what her involvement in the investigative and court process entails.
___ Notify the local domestic violence or sexual assault program to provide the victim with immediate assistance at the crime scene or elsewhere.
___ If appropriate, encourage the victim to undergo a forensic medical exam and seek medical treatment.
___ Explain to the victim the importance of evidence collection and medical treatment. Inform her the cost of forensic examination is not her responsibility.
___ Arrange transportation to the designated medical facility for medical care and/or forensic exam, if necessary.
Investigate at the crime scene:
Interviewing the victim :
___ Conduct the victim interview in a private setting, away from the suspect and, if possible, other family members.
___ In the case of a sexual assault, or if there is need for emergency medical attention, conduct the interview after the victim has been treated (most likely at the medical facility).
___ Obtain preliminary information from the victim about the crime and specifics leading up to the abuse, whether there is a relationship between the victim and suspect, prior history of abuse, any court orders, use of weapons, or use of alcohol/drugs.
___ Record the victim's excited utterances and her emotional and physical condition.
___ Note her demeanor, body language and other nonverbal communication.
___ Document the victim's injuries and inquire about injuries that are not visible.
___ Obtain temporary addresses/phone information from the victim.
Identify and interview witnesses :
___ Identify witnesses and their relationship to the victim or the suspect (e.g., children or neighbors).
___ Note the witnesses' demeanor and collect written statements.
___ Interview children in a manner appropriate to their age, away from the suspect and the victim. Document any excited utterances, signs, injuries, or healing of abuse wounds.
Interview the suspect, if present :
___ Obtain rough preliminary information from the suspect (let him talk).
___ Record the suspect's excited utterances, his emotional and physical condition, and demeanor.
___ Note the suspect's injuries in detail.
___ Note any evidence of substance/chemical abuse.
Make an arrest decision:
___ Arrest the suspect if probable cause exists.
___ Where necessary, make a determination of who is the primary aggressor, considering a number of factors (e.g., relative size of the parties, history of abuse, likelihood of future injuries to either parties, and actions taken in self-defense).
___ Charge the suspect with all crimes arising from the incident.
___ Decide to arrest solely on state law, and not on other factors (e.g., speculation the victim will not go forward, the arrest may not lead to conviction, or the race, culture, sexual orientation, class, or profession of either party).
___ Arrange for the suspect's transport to a medical facility to collect physical evidence, if necessary.
___ If the suspect is not present, obtain descriptive information (e.g., his possible whereabouts, the time he left, his vehicle color, type, and license). Broadcast the information to locate and apprehend the suspect.
___ If the suspect is found, attempt to interview. If he cannot be found, apply for a warrant.
___ File a full report even in the case of no arrest, explaining the circumstances.
___ Explain to the victim the reasons for not arresting the suspect. Let both parties know the police take seriously crimes of violence against women.
Collect evidence at the crime scene:
___ Assess the crime scene for physical evidence (e.g, fingerprints, body fluids, footprints, and/ or disrupted objects).
___ Photograph and/or videotape the crime scene prior to touching, moving or disrupting potential evidence. Provide an indication of size or scale.
___ Conduct a nondestructive search for all physical evidence at the crime scene.
___ Collect, properly package and mark all evidence. Ensure all evidence is gathered before releasing the crime scene.
___ Diagram the crime scene and document findings.
___ Photograph the victim's injuries and alert her that subsequent bruising should also be photographed.
___ Photograph the suspect's injuries and take full body photographs.
___ Photograph children's injuries and demeanor.
___ Impound all weapons used.
___ Seize and ensure the 911 tape is preserved.
___ Transport items requiring analysis to the proper crime lab. Store the remaining items in a secure storage area to properly maintain chain of custody.
Facilitate the Forensic Evidence Collection Process:
___ Transport or arrange transportation for the victim to a designated medical facility for emergency care and/or forensic evidence collection, if appropriate.
___ Make sure the victim is seen promptly at the medical facility.
___ Make sure the victim has the support of a victim advocate, if desired.
___ Confirm that the attending nurse or physician has a standardized evidence collection kit.
___ Provide the attending nurse or physician with a brief account of incident.
___ Photograph the victim's injuries or arrange for same-sex medical personnel to do so.
___ Ensure all necessary physical evidence collection procedures are completed.
___ Confer with assisting medical personnel to obtain further information.
___ Request that the victim to sign a release of medical information form.
___ Make sure physical evidence is collected from the suspect, if in custody (in a different location from the victim). The consent of the suspect, a search warrant, or a court order is required to collect physical evidence from the suspect. For suspect examination, brief medical personnel performing the exam. Provide general details of incident to help guide their collection of evidence.
___ Make arrangement to deliver evidence needing analysis to a designated crime lab, and/or store other evidence in a way that maintains the chain of custody.
Write an incident report:
___ Complete a written report, whether or not an arrest is made. If an arrest was not made, explain why.
___ Include diagrams of all injuries, reports of injuries that are not visible, as well as information noted above.
___ Report on previous incidents known to the officer or reported by the victim or other witnesses.
___ Provide the follow-up investigator with all related reports and documentation, access to stored crime scene evidence, and lab findings from the forensic evidence.
Address victim safety and support needs:
___ Stay in contact with the victim, obtaining information and updating case status.
___ On each contact, assess the likelihood of continued violence by the suspect to the victim and her family.
___ Assist the victim with safety planning. Revise police response as needed to offer optimal protection.
___ Work closely with a community-based advocate to support the victim through interviews and other investigation procedures.
___ Encourage the victim to call the police if the suspect violates any existing court orders.
Gather further information to support charges:
___ Consult with the responding officer (if different) and any officers who collected evidence.
___ Develop an investigative strategy.
___ Arrange for a subsequent interview with the victim if she was unable to proceed with a detailed interview following the incident, or if additional or clarifying information is needed.
___ Re-photograph the victim to document changes in the appearances of the injuries.
___ Encourage the victim to contact the investigator with any new information or evidence.
___ Provide the victim guidance, forms and assistance in documenting the suspect's actions, if appropriate (e.g., to establish a pattern in stalking cases).
___ Obtain statements from any witnesses not interviewed at the scene, identify additional witnesses (including "outcry" witnesses), and collect all pertinent information.
___ Ensure all evidence has been identified, collected, properly stored, and processed from the crime scene, the victim, children that were present, and the suspect.
___ Maintain contact with the crime lab to obtain results, and determine and respond to evidentiary issues.
___ Obtain further information on the suspect's criminal/civil histories and other relevant background.
Identify and apprehend the suspect, if not already arrested:
___ If the suspect was not at the crime scene and his identity is unknown, determine the most likely suspects. Obtain the victim's assistance in making a positive identification. Question the suspect once he is apprehended, using the appropriate investigative strategy.
___ If the suspect is known, attempt to find and interview him, if possible. Also consider other ways to initially contact/warn the suspect, if appropriate (e.g., send him a letter of warning in select stalking cases).
___ Arrest the suspect when probable cause is established.
Deliver the case to the prosecution office:
___ Discuss the case with the prosecution office and secure additional evidence as necessary.
___ Complete necessary reports and forms, and transfer information to the prosecutor's office.
___ Testify as requested throughout court hearings.
Make victim safety the top priority.
Respect the integrity and autonomy of each victim.
Maintain and protect victim confidentiality.
Regard survivor feedback as critical to improved justice response.
___ Oversee officer compliance with agency policies and procedures related to violence against women.
___ Oversee officer compliance with inter-agency agreements related to violence against women.
___ Create forms and incentives to facilitate compliance with agency policies.
___ Problem-solve with officers on complex cases.
___ Assess whether police response meets goals of victim safety and offender accountability.
___ Determine the need for additional officer training or supervision.
___ Designate and retrieve all case information.
___ Automate case loads to expedite access to information.
___ Track cases from first call forward, including case substantiation and follow through.
___ Integrate criminal and civil history of offenders into agency database.
Set tone through the development of protocols, practices, training and other mechanisms:
___ Establish protocols and practices grounded in an understanding of violence against women and embody values such as victim safety and confidentiality, respect for the autonomy of victims, and offender accountability.
___ Develop police procedures for handling violence against women committed by law enforcement and other justice system personnel.
___ Promote proactive intervention in all violence against women cases.
___ Allocate funds, resources and personnel to violence against women cases.
___ Support ongoing violence against women training for all new and veteran staff.
___ Build a staff that reflects the demographics of the community it serves.
___ Develop strategies to remove barriers facing under-served populations which prevent them from using the criminal justice system (e.g., translation of materials into relevant languages and 24-hour access to translation and interpreter services).
___ Develop a system to monitor policy compliance.
___ Revise policies and practices, as necessary.
Provide leadership in community initiatives to combat violence against women:
___ Ensure coordinated response and collaboration with other justice agencies and other relevant service providers. Develop inter-agency agreements as appropriate.
___ Participate in community task forces or other structures that respond to violence against women.
___ Recognize and support community-based advocacy programs as primary victim service providers.
___ Promote community education and zero tolerance for violence against women.
Highlighted Response: Policies Promoting Community Policing Response to Domestic Violence
Contact the STOP T.A. Project for further information at (800)256-5883
The Appleton Police Department is committed to applying the principles of community policing to the department's response to domestic violence. The department has implemented a policy requiring all incidents of domestic violence be thoroughly investigated, and arrests be made when a crime or violation of a city ordinance occurs.
Early intervention is a key component of the Appleton Police Department's strategy. The department believes violence progresses along a continuum, and further violence can be prevented through officer response to an incident and follow-up visits, even if an arrest has not been made. The department employs this approach by cooperating with community-based victim service organizations, as well as with other sectors of the criminal justice system.
Appleton, Wisconsin is one of seven Fox Cities located along the Fox River in East Central Wisconsin. The City has a population of about 70,000 and is the largest of the Fox Cities. The population of the metropolitan area is more than 155,000. Appleton is the 6th largest city in Wisconsin.
Dispatcher Obtains Extensive Information. Upon receipt of a domestic violence-related call, the Communications Center attempts to ascertain information such as the location, extent of injuries, whether weapons are present, names of parties, whether children are present, and whether there are current court injunctions or temporary restraining orders. The dispatcher searches the database using the names of the parties to determine criminal histories. The Communications Center evaluates the information received by the caller and dispatches police officers, providing all available information to them.
Initial Officer Response Geared to Deter Violence. When officers first arrive at an incident scene, they determine if medical assistance is needed and separate the parties. The officers interview the parties separately to determine the type of threat, pain inflicted, injuries sustained.
In incidents involving no physical violence that do not rise to the level of an arrest, officers are beginning to use their presence to help prevent future violence. For example, in verbal abuse incidents, officers will complete incident reports, warn the suspected abuser of the consequences of committing an act of domestic violence, speak to the non-abusing party about safety options, and make referrals to community resources.
During interviews with victims, officers evaluate their immediate needs, inform them of their rights, and explain the criminal justice process. Victims are prompted to recall that occurred, and are told why the police need the information, and how police intervention will help them. Officers assist victims with their safety needs, including providing referrals to community or county resources, and make arrangements for shelter or other emergency services. During this process, officers communicate to the victim the incident was not their fault and they are there to help. Harbor House (the local shelter) "help line" cards are provided to victims. The officer telephones the community-based shelter so the shelter can follow up and offer services to the victim. The shelter's victim advocate or a volunteer advocate will respond to the scene to offer assistance, if desired by the victim. Victims are encouraged to fill out a Domestic Violence Victim Worksheet, allowing victims the opportunity to document details of the incident.
In accordance with State statutes and department policy, the responding officer is strongly encouraged to arrest the party considered to be the primary physical aggressor. In cases where reasonable grounds for arrest exist but an arrest is not made, the officer must specify the reasons in the incident report. Reports are forwarded to the District Attorney's Office. If the decision to arrest is made, the officers state "The decision to arrest is mine" in the presence of both the victim and the suspect. The department believes this helps to take the pressure and focus off the victim.
Follow-up Response. Standard operating procedures are being introduced to encourage officers to follow-up even when an arrest cannot be made. This entails officers visiting the address after the initial incident to talk to the parties about steps they should take. The abusing party is told he may end up being arrested if he does not take steps (such as counseling or other assistance) to stop his abusive behavior. Officers emphasize that the abusing party has no right to try to control and manipulate the other party. The non-abusing party is again told about options (such as obtaining a protection order), and provided with referrals to community-based and county victim service organizations and agencies. A pre-arrest safety plan is developed with the non-abusing party.
Officers try to visit the victim again within 24 to 48 hours after the initial incident to gather more information for the criminal process. The Appleton Police Department believes follow-up with the victim within this time period is crucial, and victims are less willing to participate in the process if follow-up is conducted after 48 hours.
The Appleton Habitual Offender program targets the top 15 to 20 domestic violence perpetrators in the county. These offenders are flagged as high-risk, and their names are published in advance and made available to patrol officers. The Appleton Coordinated Community Response Team works with the prosecutor and law enforcement to "fast track" these cases through the criminal justice process.
Highlighted Response: Domestic Violence Enforcement Team
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The Domestic Violence Unit of the Ann Arbor Police Department is housed in a building adjacent to the local battered women's advocacy program, the Domestic Violence Project/SAFE House. With the creation of the police unit, an additional full-time SAFE House legal advocate was hired. The Police Department also hired a detective and community service aide. The program is funded through a COPS grant of $134,000. The initial objective of the unit was to increase the number of victims who participate in subsequent prosecutions. This goal was met, and the unit and SAFE House are now pursuing a new goal of removing barriers to victim safety, through collaborative police and advocacy work.
Establishment of the unit, along with the positive working relationship between police and advocates, has contributed to an increase in the number of victims who feel positively about their experience with the criminal justice system. The success of this unusual collaboration is best reflected in the commitment of the Ann Arbor Police Department to raise funds to continue the unit after the COPS funding lapses in 1998.
The program is located in Washtenaw County, Michigan. The county is the home of two universities. Absent the student population, Ann Arbor has a population of 110,000. Seventeen percent of the population is non-white and includes African-Americans, Asians and Asian-Americans.
Collaborative police and advocate efforts . Housing of the shelter and police personnel together was a strategic decision, geared to break down barriers between the two agencies and facilitate better outcomes for victims. The detective and community aide have received extensive domestic violence training from SAFE House's legal department, including the same training shelter staff receive.
Daily contact, joint problem-solving with the legal advocate, and immersion into the details of cases, has contributed to increased police appreciation and understanding of the dynamics of domestic violence, tactics of perpetrators, and barriers facing victims and their families. The police also have the opportunity to consult daily with the entire SAFE House staff.
Highlights of police/advocate response . When the Ann Arbor Police Department makes a domestic violence arrest, the officer calls SAFE House, who in turn provides immediate in-person services to the victim. Since its inception in 1996, SAFE House on-call staff has responded to more than 800 pages from police.
Police unit staff laboriously track the status of paperwork and are in a good position to cut through the bureaucracy of the justice system. For instance, they can check the status of a protection order, or expedite service of a bench warrant issued to a defendant that would otherwise languish until he was stopped for another crime.
The police attend every defendant arraignment to ensure those victims who so desire receive a civil no-contact order during the course of the trial.
The unit connects the victim with SAFE House and its many services. The proximity of the two programs makes this an easier task for the agencies and victims than in other jurisdictions.
These procedures, along with a growing understanding of the issue of domestic violence by the unit police, mean victims who come into contact with the unit are much more likely to be taken seriously and given the protection to which they are entitled. In one instance, a victim who had been run off a road by her assailant went to the state police for help. The police were uncooperative and only after they learned the assailant had a prior conviction for second degree murder did they take her seriously. Once the Ann Arbor unit became involved, the police provided immediate and ongoing assistance, including escorting the woman to her car at work and monitoring the parking lot where the assailant often harassed her. Ultimately, the police found and arrested the assailant.
Regular exposure to these cases gives unit police unique insights into the procedural and attitudinal barriers battered women face, and the system's limitations in holding offenders accountable. The police have become true advocates for systemic change. They routinely make recommendations to the courts, prosecutors and other police agencies. They are currently exploring ways to register protection orders and share that information with judges to assist them in sentencing decisions.
Both the Deputy Police Chief and SAFE House's Executive Director serve on the Mayor's Task Force for Increasing the Safety of Women, to extend their efforts beyond immediate response to actual crimes, to outreach and prevention of domestic violence.
Highlighted Response: Leadership on a Protocol for the Investigation of Sex Crimes
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The Kankakee City Police Department employs about 70 police officers to patrol the small city of Kankakee, located about sixty miles south of Chicago. In 1996, the Department volunteered to serve as a test site for the implementation of the newly minted Illinois Model Guidelines for the Investigation of Sex Crimes . Participation in this project is one component of the department's response to sexual assault. The agency has long maintained a positive working relationship with the local community-based sexual assault program.
The city of Kankakee has a population of approximately 30,000. 30% percent of the residents identify themselves as African-American. The community is recovering from a 20% unemployment rate during the 1980's, due to the closing of several large corporations and factories.
Agency leadership. The Kankakee Police Department has no officers or detectives assigned exclusively to sexual assault cases. Rather, the Chief of Police expects and encourages all of his officers to take a serious, victim-centered approach to sexual assault and investigate sex crimes while restoring the victim's dignity and sense of control. The Chief's attention to sexual assault is reflected in his department's participation in the "Model Guidelines" implementation project. Many of the new guidelines have already become standard practice for the department.
Treat all sexual assaults seriously. Delayed reports of sexual assault are treated with the same importance as are reports of assaults that were immediately reported. Officers and detectives are discouraged from making judgments about a case based on the victim's behavior, and try to balance their need for information and their duty to remain non-judgmental.
Engage the victim in the investigation. The department is cognizant of the victim's vulnerability, and has developed procedures that acknowledge this while facilitating victim participation in the investigation. The Kankakee Police Department employs practices that acknowledge the centrality of the victim to the case. These include the following:
limiting the preliminary interview to information essential to the duties of the responding officer;
notifying victims of their rights and offering to contact an advocate from Kankakee County Citizens Against Sexual Assault (KC-CASA), the local sexual assault program;
respecting and protecting victim confidentiality; and
eliciting information from the victim without causing undue embarrassment.
Creative investigation in consent cases. Cases in which the victim knew the defendant, and the defendant claims that the victim consented are the most challenging. Consent is also the most commonly raised defense by offenders. In order to strengthen the victim's credibility, police officers investigating these cases in Kankakee attempt to document the following:
any of the victim's efforts to resist the assault;
exact information concerning the victim's submission;
words used by the victim to attempt to dissuade the offender from continuing the assault; and
the victim's fears related to the environment or situation in which the sexual assault took place.
Comprehensive training. As part of the Model Guidelines implementation, every officer in the department must participate in either a one-day training for first responders to sexual assaults, or a three-day training on the Illinois Guidelines for Sex Crimes Investigations . As the Guidelines conceive of a multi-disciplinary response to sexual assault, other agencies within Kankakee County are also involved in the implementation and training. Both versions of the training are presented by a multi-disciplinary team.
Ongoing training on sexual assault and victim behavior has historically been provided by the local sexual assault program. On a regular basis, the KC-CASA is invited to make presentations on different topics at roll calls, thus reaching all the officers.
Strong relationships with local advocacy programs. Chief Doster permits KC-CASA to review every case report, if they wish. He believes that this enables advocates to make contact with victims who have not sought KC-CASA's help. In the course of reviewing reports, KC-CASA may bring to his attention an incidence of sexual violence they detect in cases that may not be classified as such. KC-CASA shares information about the sexual assaults they know about whose victims may never report to the police department, thus providing law enforcement with more complete picture of what is happening in the community.
All new officers attend an open house at KC-CASA (complete with coffee and pastries) at which they learn about all the services offered by the agency and participate in an general presentation about sexual assault.
Highlighted Response: Aggressive Police Intervention in Sexual Assaults By a Specialized Unit
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The San Diego Police Department takes a two-pronged approach to sexual violence within the city. By fully funding a Sex Crimes Unit, it provides a creative and proactive reaction to reported sexual assaults. Extensive in-house training reflects the department's emphasis on a professional and sensitive response by all officers. The department also seeks to reduce sexual assaults through its community education program.
The Unit functions with a staff of 17 (two sergeants, 13 detectives, two administrative support personnel) and a budget of roughly $1 million. Each year, the Sex Crimes Unit handles an average of 1,000 felony sexual assaults involving victims age 14 and above.
The City of San Diego has a population of 1,197,000. The ethnicity of the population includes 65% Caucasian, 20% Hispanic, 8% Asian, and 7% African-American. Nearly 6% of the population is employed by the military.
The Unit strives to treat all complainants with respect and to take all reports of sexual assault seriously, including those where the victim knew the suspect. One of the sergeants in the Unit, Joanne Archambault, believes that an effective response to sexual assault rests as much on the attitudes of the investigators and responding officers as on their evidence collection skills and interviewing techniques. As a trainer and supervisor, Sgt. Archambault notes she must "...make the investigators believe that [all sexual assaults] are crimes, before they can be effective." Officer attitude underlying their response to a call is critical: once the officers view the location where a sexual assault occurred as a crime scene, they generally have the necessary skills to investigate it.
Sexual Assaults by Acquaintances Treated As Serial Crimes. Detectives in the Unit treat acquaintance sexual assaults as serial sexual assaults, understanding that perpetrators of these assaults often commit multiple offenses before a victim reports, and that they are likely to re-offend in the future. This understanding is reflected by the fact that detectives investigate "everything from A to Z," regardless of how the case may appear on its surface. Detectives are trained to refrain from judging the case based on the circumstances or the victim's behavior and to respond professionally to all victims. Feedback from victims to the Unit indicates that even when their cases are not ultimately prosecuted, victims feel a high level of satisfaction with police response when police behave professionally, take victims' cases seriously, and keep victims apprised of the case status.
Patrol officers respond to all sexual assaults, whether they are "fresh complaints," requiring an immediate response to the scene or the hospital, or delayed reports. Therefore, the Unit trains these officers so that they respond professionally and with sensitivity. Specialized training on sexual assault is mandatory for new officers to the department and advanced training is offered on a voluntary basis to advanced officers.
Detectives from the Unit are assigned to each of the city's eight police substations, thus facilitating a more informal and regular level of communication between the Unit and patrol officers. In addition, the Sergeants in the Unit make themselves available to patrol officers day and night for discussions about cases.
Collaboration with advocates. In-house victim advocates are called to the scene or emergency department, or more typically, a referral to the local sexual assault program is made for sexual assaults that are reported after the incident (the majority).
Investigation that seeks to strengthen the victim's credibility. An approach that adds weight to victims' testimony involves:
contacting the first person to whom the victim disclosed, as well as any additional witnesses;
recording spontaneous statements made by the victim;
pulling the 911 tape (which is automatically stored for one year, according to department policy);
looking for any way, no matter how small or seemingly insignificant, to corroborate the victim's story;
using tape recorded or "pretext" phone calls with the defendant, when appropriate; and
victim interviewing techniques that elicit information necessary for law enforcement to conduct a thorough investigation without causing undue embarrassment to the victim. These involve asking open-ended questions that result in a more effective interview, such as, "how were you feeling" and "what were you thinking" questions, rather than questions that sound accusatory, like, "why did you do that?"
Promotion of and participation in a multidisciplinary response. Members of the Sex Crimes Unit participate along with the San Diego District Attorney's Office on the San Diego Systems Review Committee, the city's sexual assault task force. Prosecutors and investigators from the District Attorney's Office attend meetings of the California Sexual Assault Investigator's Association, Southern California chapter, in which the Sex Crimes Unit is actively involved.
Sgt. Joanne Archambault acts on behalf of the unit in maintaining relationships with the local sexual assault program, the two local SANE programs, San Diego Youth and Community Services, the Mexican Consulate, parole and probation, among many other agencies. She is on the phone daily to address problems in the response of different systems and resolve them immediately and openly.
Additionally, the unit is a central component in the county-wide Sexual Assault Response Team. The SART coordinates all disciplines involved in responding to a sexual assault when the victim undergoes a forensic medical examination. The SART model ensures victims are linked to a range of support services and that medical and law enforcement personnel obtain the information they need from the victim in the least intrusive manner possible. In 1996, 75% of respondents to a victim questionnaire conducted by the Sexual Assault Response Team rated the San Diego Police Department's services to victims as good or excellent. One year later, the SART received "goods" or "excellents" from 100% of victims.
Unit Provides Community Education. The unit takes an active role in educating the community about sexual assault. A speaker's bureau was established to meet the need to reach different groups within the city. Data from case records indicated that the majority of the victims in San Diego were in their mid to late teens. In response, the speaker's bureau has focused on that age group. In the fall of 1997, the speaker's bureau reached 50 ninth-grade classes.
Highlighted Response: Specialized Domestic Violence Unit
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The Seattle Police Department has approximately 1,270 sworn officers. The department's first priority is reducing the fear of crime of the citizens of the City of Seattle. It recognizes there is a strong relationship between violence in the home and violence in the streets. Department policy, under the leadership of Chief Norm Stamper, assigns high priority to promoting the safety of victims of domestic violence and sexual assault, and to holding offenders accountable.
The Domestic Violence Unit began operations on November 1, 1994. It was staffed by six detectives, one sergeant and one lieutenant. Subsequently, two Domestic Violence Court Order Process Servers were added to the unit. Officers in the Domestic Violence Unit are strongly committed to increasing victim safety and offender accountability. The unit investigates an average of 80 cases each month, and obtains felony charges on over 45% of their investigations. Each month, approximately 500 misdemeanor cases are referred to the City Law Department.
Cases are prepared for prosecution with the understanding and knowledge domestic violence victims are often fearful or reluctant to testify. The unit works closely with community-based victim advocates to allay victim fear, meet victim needs, and support victims throughout the criminal justice process. All unit members participate in the City's Domestic Violence Task Force, a multidisciplinary body that collaborates in the effort to strengthen the community's response to domestic violence.
Seattle, located on Puget Sound, 113 miles from the U.S.-Canadian border, has a population of 531,400. 75.3% of its residents are Caucasian (including 3.6% of Hispanic origin), 10.1% are African-American, 11.2% are Asian-American, 1.42% are Native American, .54% are Pacific Islanders, and 1.42% are from a variety of other ethnic groups.
Thorough Investigation of Domestic Violence Cases. Officers responding to the scene of a domestic violence crime are required to thoroughly investigate each incident, contemplating that the victim may be unavailable to testify at trial. After arriving at the scene and separating the parties, officers collect evidence necessary for successful prosecution. Statements of the victim, the suspect, and any witnesses are taken in separate interviews. Cameras are provided to each patrol sergeant in order to take photos of injuries and of the crime scenes. Any physical evidence - such as weapons or ripped clothing - is collected.
Training Program Enhances Evidence Collection Skills. Patrol officers, particularly first responders, are an important resource for gathering evidence and case preparation in both misdemeanor and felony-level crimes. To enhance evidence collection skills, the Domestic Violence Unit provides specialized domestic violence evidence collection training to patrol officers and other department employees on an ongoing basis. The training is provided during regular shifts, and utilizes a myriad of teaching tools, including victim case studies from actual incident responses and videotapes. The training emphasizes the specific responsibilities the police have in making domestic violence arrests and the importance of treating these cases like stranger assaults. In addition to basic issues such as mandatory arrest and primary aggressor decisions, officers are instructed in how to undertake detailed case preparation and evidence collection for domestic violence reports.
Emphasis on Investigation of Misdemeanor Cases. As part of its effort to expand its focus from felony follow-up to an emphasis on misdemeanor investigations, two officers serve as misdemeanor domestic violence detectives in the unit. A lethality/dangerousness assessment tool is utilized to assist the detectives in the identification of victims who are at greatest risk, but whose cases have not yet received the level of attention normally assigned to felony-level cases. High-risk cases are assigned to the misdemeanor detectives, who work closely with the City Attorney's Domestic Violence Unit and community-based victim service providers to interrupt the violence before it escalates to the felony level.
Required Filing of A Police Report, Regardless of Whether an Arrest is Made. Officers are required to complete an incident report, which includes a description of actions taken by the officers (e.g., any assistance and referrals provided to the victim, how the suspect was located and arrested, and if not arrested, steps taken to locate the suspect). Probable cause for the arrest must be stated in the report. If no arrest is made, officers must document their reasons for not doing so. Statements by the victim, the suspect, and other witnesses must be carefully documented in the report. A report must be submitted for each incident, regardless of whether an arrest is made.
Determination of Probable Cause and Primary Aggressor. Officers must arrest suspects if there is probable cause to believe a crime occurred within the preceding four hours, if the suspect allegedly committed a felony assault an assault that caused bodily injury to the victim, or committed any act that caused the victim to reasonably fear serious bodily injury or death. Officers are strongly encouraged to arrest for incidents that did not occur within the preceding four hours.
If officers believe there is probable cause to arrest both parties, they must make a determination as to which party is the primary aggressor. In identifying the primary aggressor, officers consider these factors:
intent of the law to protect the victim,
comparative extent of injuries inflicted or serious threats creating a fear of physical injury,
domestic violence history of the parties,
demeanor of the parties,
any weapons used or threatened for use by either party, and
claims of self-defense or defense of others.
Officers are directed to arrest only the primary aggressor. If officers are unable to identify the primary aggressor after consideration of these factors, they are encouraged to consult with their supervisors.
Coordination with Community-Based Victim Services and Emphasis on Victim Safety. In order to encourage victim contact with the Unit, officers provide victims with a pamphlet that contains the officer's name, serial number, and the incident number. Additionally, officers take measures to promote victim safety by providing information about community-based victim services, such as local shelters and hotlines. If victims indicate they would like to leave the scene of the incident, officers facilitate the transportation of victims to a place where they will be safe (e.g., the home of a friend or relative, or a domestic violence shelter).
The Police Department Victim Assistance Office provides personal assistance to all victims of felony crimes. Support to victims is provided from the first report of the assault and continues until the victim is safe, even if that is not accomplished until long after case disposition. At a minimum, the office contacts the victim twice following disposition: on the anniversary date of the crime, and immediately after receipt of notice the perpetrator has been released, transferred, or has escaped from incarceration.
Highlighted Response: Surveillance of Stalkers
Contact the STOP T.A. Project for more information and material at (800)256-5883.
The Family Violence Division of Nashville's Metropolitan Police Department takes aggressive measures to stop stalking behavior and deter future stalking. The Division conducts meticulous investigations to build cases against suspects, while addressing victim safety and taking precautions to protect the victim, as well as family members and friends of the victim.
The Division employs "counter-stalking" techniques (surveillance) using relatively simple technology to increase victim safety, deter pre-and post-trial stalking activities, prove offender violation of release conditions and gather incriminating evidence. The division's response sends a message to victims they have a right to expect protection from law enforcement before a suspect commits a violent act. These techniques have proven to be highly successful for catching stalkers in the commission of the crime, with the police officer often a first-hand witness to the terrifying acts. In addition, use of the technology increases victims' quality of life by enhancing safety and feelings of security.
Nashville is a large, urban area with a diverse population of residents totaling approximately 1.1 million.
The Family Violence Division of the Metropolitan Police Department in Nashville consists of 29 staff: One captain, one lieutenant, three sergeants, two crisis counselors, two civilian clerical staff, 20 investigators (8 detectives and 12 uniformed investigators) and many volunteers from the local domestic violence shelter.
Cases selected based on offender's conduct. Mark Wynn, Detective Sergeant for the Nashville Metro Police Department, Domestic Violence Division, ranks the priority of cases according to the frequency, severity and intensity of stalking behavior. Experienced detectives handle the most high-risk stalking cases. High-risk cases in which there appears to be a pattern to the defendant's conduct, are particularly good candidates for "counter-stalking" or surveillance strategies.
In order to gather evidence necessary to make an arrest of a stalker, the Division employs a six-phase "Domestic Violence Counter-Stalking Plan." Using funds from Federal law enforcement grants, the Division purchased several pieces of simple technology to aid in the collection of evidence in stalking investigations:
Phase One: Self-contained phone traps. These include a recorder that plugs into the phone, and Caller ID. The stalker's calls are recorded with the intent they be admitted into evidence in court. This saves valuable time which previously might have been spent working directly with the local telephone company.
Phase Two: Cellular phones. The Division purchased 12 mobile phones for use by stalking victims. The phones are programmed to dial only the police emergency lines. Police respond immediately to calls from victims.
Phase Three: Mini-VCR Kit. These small VCRs may be hidden anywhere in the victim's home, car, or outside the victim's home. The VCRs have a seven-day timer and two tiny cameras, which record everything within range.
Phase Four: GPS Tracking System ("The Shadow"). Trackers are attached to stalkers' vehicles, after a court order is obtained, or without a court order if the tracker is placed on the vehicle while it is located in a public space. Laptop computers in police vehicles display a grid map of the Nashville Metropolitan area and the location of the vehicle being tracked. The tracker works in conjunction with military satellites to track the vehicle via a cellular phone that communicates with police laptops and provides information on the vehicle location every 4 seconds. The price tag on the system was high ($20,000), but was determined by the department to be more cost-efficient than paying officers to conduct 24-hour surveillance.
Phase Five: Silent Hostage Alarms. The Division bought 20 "silent hostage" alarms, which are pendant alarms designed to be worn by victims and their children. The alarms are remotely connected to the phone lines when the panic button is pressed, and the phone line pick up voices and other noises.
Phase Six: Phone Bugs. These electronic eavesdropping devices are tied into phone lines and placed around the victim's home. The devices are activated by voices or other noises, and allow recordings to be made of voices and other noises.
Victim Participation and Decision-Making. The Division recognizes the victim's active participation in the investigation is vital in moving the case forward in the justice system. The Division takes measures to support the victim (for example, by helping her to contact an community-based advocate). It respects the victim's decisions regarding safety, even when it conflicts with police recommendations.
Highlighted Response: Comprehensive Police Response to Domestic Violence By Specialized Unit
Contact the STOP T.A. Project for more information and materials at (800)256-5883.
Virginia Beach Police Department officers are trained to follow a written protocol of response to domestic violence incidents, including providing support to the victim, taking steps to ensure her safety, identifying the primary aggressor, and making an arrest based on probable cause. A specialized Domestic Violence Unit consisting of five detectives provides follow-up investigation, which builds on the initial response of first responding patrol officers. The department collaborates closely with local community-based victim service programs, the Commonwealth Attorney's Office, and local businesses in its efforts to intervene in and prevent domestic violence in the community.
Virginia Beach is a medium-size urban area with a diverse population of approximately 455,605, which includes a sizable number of tourists during the summer.
Every incident of domestic violence is taken seriously by the Virginia Beach Police Department. The response of the department combines thorough evidence collection at the scene, support of the victim to ensure the victim's safety, follow-up investigation by detectives from the Domestic Violence Unit, and special programs for high-risk cases.
Determination of Probable Cause and Primary Aggressor. Upon arriving at the scene, the responding officer separates the parties to prevent further violence. The parties are interviewed separately. According to Virginia law, officers "shall arrest" a suspect whom the officer has probable cause to believe has committed a domestic violence offense. In addition, officers are required by law to identify and arrest only the primary aggressor. The department has outlined four factors to consider when identifying the primary aggressor:
the comparative extent of injuries inflicted on all parties;
the history of domestic violence between the parties;
evidence from the parties or other witnesses; and
whether any of the parties acted in self-defense.
In the filed report, officers are required to include the name of the party who was the primary aggressor, or if the primary aggressor could not be determined. If there is a current protective order, and officers determine that a suspect has violated an order, officers must arrest the suspect.
Ensuring Victim Safety. An ex parte emergency protective order (EPO) can be obtained via telephone by an officer from the on-call magistrate. Even if no arrest is made, an EPO can be obtained if the officer has reasonable grounds to believe probable danger for future violence exists.
Each victim is provided with a brochure entitled "Are You a Victim of Domestic Violence?". The brochure provides information about community-based victim services, the criminal justice process and civil protection orders.
Reports Filed for Every Incident, Regardless of Whether an Arrest is Made. A standard report is filed for every incident, regardless of whether an arrest is made. Officers also complete a Commonwealth Attorney's Supplement form. The Supplement requires information specific to domestic violence incidents that is crucial to prosecuting cases and achieving convictions at trial or obtaining guilty pleas. The Supplement, a cardboard form formatted as a checklist of evidence to collect, requires officers to check yes or no if they have collected certain evidence (e.g., "defendant at scene?", "protective order on file?", "warrant on file?", "visible injuries to defendant?", "domestic violence brochure given?", and "photos taken?"). Body charts for both the victim and the suspect are included in the form so the officer can mark the location of visible injuries. The suspect is asked, "Why did you assault the victim?", so the reason provided at the scene is documented (officers find suspects often change their stories later). Officers take photographs of the victim and any injuries. Officers also photograph the suspect even if no injuries are apparent or complained of; these are used as evidence by prosecutors if the suspect later claims he was injured by the victim. The form is sent to the Domestic Violence Unit for follow-up investigation.
Coordination and Cooperation with Community-Based Victim Services. All domestic violence reports are shared with the Family Advocacy Network, a group made up of volunteer advocates trained by community-based victim service organizations. A specially-trained victim advocate volunteer then calls the victim and offers assistance, including court accompaniment.
A victim advocate from the community-based Samaritan House is available at the Department's Domestic Violence Unit three days each week. She provides assistance to domestic violence and sexual assault victims during interviews with detectives, speaks to victims who call the department on the phone, and provides other services, such as assistance in obtaining shelter and providing counseling and referrals for other services.
Follow-up Investigation by the Domestic Violence Unit. One of five detectives currently assigned to the Domestic Violence Unit conducts a follow-up investigation for incidents that have led to an arrest. If notified a felony crime has been committed or if serious injury has been sustained, a Unit detective contacts the Domestic Violence Supervisor at the scene. If a misdemeanor was committed, detectives makes contact with the victim on the same day the case is assigned.
Special Domestic Violence Programs for High-Risk Cases. A number of programs have been established to enhance and provide special intervention for identified high-risk cases. These include the programs listed below.
R.O.P.E. (Repeat Offender Program Enforcement). The names and addresses of offenders who have been arrested at least four times are entered into a database. R.O.P.E. offenders' names and other relevant information is displayed in squad car terminals when officers are en route to a R.O.P.E. offender's last known address. Investigations of domestic violence incidents involving R.O.P.E. offenders are treated like homicide cases. Detectives are called out, forensic evidence is collected, etc. This sends the message to victims they will be believed and supported, and a signal to offenders they will be held accountable for their actions.
(Abused Women's Active Response Emergency). Identified high-risk victims are provided with free in-home security systems and pendant alarms donated by a local business. When the panic buttons on alarms are activated, officers immediately respond to assist victims.
Cellular Phone Program. Cell phones donated by local individuals and businesses are provided to high-risk victims. The phones are programmed to dial 911 only, and provide security to victims when they are outside of their homes.
Highlighted Response: Specialized Case Management of Sexual Assaults
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The Chapel Hill Police Department created a structure borrowed from the emergency mental health field that lends specialization to its response to sexual assault. The Sexual Assault Response Team requires no additional personnel to function. Established in 1993, the Sexual Assault Response Team aims to better serve the victims of sexual assault and more effectively stop sexual violence in the community.
Chapel Hill is a college town with a population of approximately 40,000. The community is economically and racially diverse due to the transient population.
The Sexual Assault Response Team (SART) is a multi-disciplinary team, consisting of crisis counselors working with specially trained patrol officers, the sex crimes investigator, and the juvenile investigator. While the patrol officers on the team have undergone special training on sexual assault issues, their work is not confined exclusively to sexual assault cases. The SART functions by ensuring these specially-trained officers are available during every shift to respond to a report of sexual assault or crimes of a sexual nature.
Emphasis on the first response to a sexual assault. SART officers are recruited on a volunteer basis. The team has had such success at recruitment that there are currently two to three SART officers available during each shift to lend their expertise to reports of sexual assault. These officers are trained to understand the continuum of sexually assaultive behavior, understand the range of reactions and needs of a sexual assault victim, treat victims with respect to ensure victim participation throughout the case, and preserve all available evidence left at the crime scene.
An additional advantage of the SART is the specialized attention that can be afforded to misdemeanor level sex crimes. The SART has brought a more serious focus on behavior such as peeping and exhibitionism that may escalate in frequency and dangerousness over time.
Blind reporting. The Chapel Hill Police Department has instituted an anonymous reporting system for sexual assault. This system enables victims to disclose as much or as little information about the assault as they want. The detective records the information but does not initiate an investigation unless the victim decides to file a formal complaint.
There are many benefits to this system, including:
victims have the opportunity to disclose the assault. (This can be an important step in the healing process for some victims);
victims can learn what the process will involve and what they should expect if they consent to an investigation;
law enforcement agencies will gain more information regarding the nature of sexual violence in their communities;
officers have an opportunity to gain the trust of victims, who often decide to proceed with the investigation;
law enforcement may gain information that assists with the investigation of another case involving the same perpetrator; and
an increase in the likelihood victims will be linked to whatever support they may need, such as medical care, counseling, and State financial assistance.
The blind reporting system has been credited with steady increase in sexual assault reporting. Reporting of crimes of sexual violence has increased approximately 90% from 1991 to 1996. The number of male victims who report has also risen.
Victim-centered investigation. Department policy dictates that sexual assault cases are not pursued if the victim so requests. Investigators and officers demonstrate "immense sensitivity and patience" with victims. For example, if a victim is initially reluctant to proceed with the investigation, investigators take the time necessary to explore her concerns. This practice results in a higher number of victims that participate in the investigative process.
Partnerships with other agencies . The SART includes in-house crisis counselors with expertise in working with sexual assault victims, their families and significant others. After the initial intervention, the counselor's role transforms to case manager. Crisis counselors work closely with the local sexual assault program, to whom they refer victims and secondary victims. The District Attorney's Office has been supportive of the SART concept, because the SART counselor continues to coordinate the victim's support and advocacy needs through the prosecution stage.
Highlighted Response: Domestic Violence Enhanced Response Team (DVERT) Response to High Risk-for-Lethality Domestic Violence Cases
Contact the STOP T.A. Project for further information and materials at (800)256-5883.
The Colorado Springs Police Department receives between 15,000 and 20,000 domestic violence-related calls annually, and has a long history of innovative problem-solving in these cases. The Department has 530 sworn officers and 235 civilian employees.
The Domestic Violence Enhanced Response Team represents the Department's latest effort to be proactive in response to these cases. DVERT is funded solely by federal grants, combining COPS and VAWA funds to support its staff of sixteen and budget of $714,000. The DVERT project seeks to: detect and respond to system deficiencies and breakdowns; enhance law enforcement and prosecution in domestic violence cases; increase the safety of victims and the containment of perpetrators; and ultimately, reduce the incidence of domestic violence.
The city of Colorado Springs has a population of approximately 328,163, located within a primarily rural county. The Colorado Springs campus of Colorado University is located within city limits.
The Domestic Violence Enhanced Response Team employs both "community policing" and "problem-oriented policing" strategies to address domestic violence. Up to 15 agencies respond to the most potentially lethal domestic violence cases. Agencies represented in the DVERT project include law enforcement, the district attorney's office, human services, victim advocacy, and a batterer's intervention provider. Incoming cases are screened to determine whether there is a threat of imminent danger to the victim. The DVERT member agencies confer together on each case and develop an intervention strategy tailored to the individual circumstances of the case.
Preliminary results indicate a very low recidivism rate for perpetrators targeted by DVERT. The DVERT staff believes that the approach is closing the cracks offenders once slipped through. Convictions are increasing as well as plea negotiations in cases that once would not have been issued.
Identification of high risk cases. The DVERT staff members -- a CSPD detective, a specially trained deputy district attorney, and a victim advocate from The Center for Prevention of Domestic Violence -- take referrals from advocates, prosecutors, judges, and citizens. If a referral meets the criteria for lethality, then the DVERT team takes action to discover what it can do to intercede and help the family. The response team reviews referral cases on a weekly basis. Criteria for cases include the following:
the perpetrator's previous history of domestic violence,
multiple law enforcement interventions,
stalking behavior,
threats to kill,
access to weapons, and
recent losses such as separation or divorce.
Cases that don't meet the criteria for DVERT also receive attention from police and victim advocates.
Comprehensive management of each DVERT case by the entire team. The DVERT team brings its expertise and resources to respond to the individual circumstances of each case. The team focuses on the preliminary investigation, immediate and aggressive intervention for all victims (adults, children, and pets), and containment of the perpetrator. The v