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EVAWI > Resources > Forensic Compliance > Alternative Reporting Methods

Forensic Compliance Resources

Note:  The information on this website is designed to:  (a) communicate the requirements of the Violence Against Women Act (as reauthorized in 2005 and 2013), and (b) offer recommended practices for implementation.  The goal is to highlight examples of communities striving to achieve a higher standard of the “spirit of the law,” rather than simply meeting the “letter of the law” for VAWA forensic compliance.  It is critically important that readers consult state laws and regulations, as well as local policies and protocols, because they may have additional requirements beyond those included in VAWA 2005 and VAWA 2013.  For more information specific to your state or territory, contact the STOP Grant Administrator or coalition of advocacy organizations providing services for sexual assault victims.  A listing is available from the website for the Office on Violence Against Women, U.S. Department of Justice. 
 

Reporting Methods for Sexual Assault Cases

This module is designed to provide detailed information on the background, philosophy, and implementation of alternative reporting options for victims of sexual assault, such as anonymous reporting, non-investigative reporting, and third-party reporting. It provides a thorough overview of the key concepts and components necessary to implement such alternative reporting options, as well as recommendations for best practice.

Webinar on Alternative Reporting Methods

In the webinar, Opening Doors: Alternative Reporting Options for Law Enforcement and VAWA Forensic Compliance, we explore a number of community models that have been implemented to improve victims' access to the criminal justice and community response systems. Best practices are reviewed from across the country, and existing tools and resources are evaluated. With a focus on local implementation, the goal is for participants to leave prepared to make recommendations for positive changes in their own communities.

Ashland Police Department: "You Have Options" Program

The Ashland Police Department in Oregon recently launched a program called “You Have Options.” As of January 1, 2013, victims have the option of reporting their sexual assault in a variety of ways, including “Information Only,” “Partial Investigation,” and “Complete Investigation.” Basic information on these options can be found on the police department’s webpage, which links to an external website offering more extensive details on the program’s background and purpose, as well as related topics such as the medical forensic exam, the role of advocates, the process of an investigation, and reporting issues for male victims and victims under the age of 18. They have also developed a short video that poignantly depicts the need for such a program by highlighting the problem it was designed to address (i.e., skepticism of sexual assault reports and victim-blaming attitudes). The program offers an innovative and inspiring example for other law enforcement agencies to follow.

Minnesota Protocol for Anonymous, Third Party Reporting

Community professionals in Duluth, Minnesota have implemented a fully functioning protocol they describe as anonymous, third party reporting. Their multidisciplinary team, led by the Program for Aid to Victims of Sexual Assault (PAVSA) developed the following materials to implement the protocol, so they can be used as a starting point to adapt for use in other communities:

Texas Materials for Non-Investigative Reports

In Texas, evidence collected during a medical forensic exams of a victim who has not yet decided to participate in the criminal justice system is stored by the Texas Department of Public Safety. Sample documents that might be useful for other jurisdictions include instructions for packaging and mailing the evidence, and releasing it to law enforcement. Forms are also provided to submit evidence to the crime laboratory for storage (not analysis), bill the state agency for specific services, and release evidence to law enforcement. These documents can easily be adapted for use in other communities.

IACP Supplemental Reporting Form and Guidelines

When victims are given options for alternative reporting methods, it will be necessary to develop a form for them to use. One recommendation is to adapt the Supplemental Reporting Form developed by the International Association of Chiefs of Police (IACP). This form is also posted on the IACP website, along with corresponding guidelines for successfully investigating sexual assault cases. These tools are based upon national best practices regarding sexual assault investigations and were developed in collaboration with local, state, and federal law enforcement, prosecutors, advocates, medical, and forensic professionals. The goal is to support officers and departments in preparing sexual assault cases for successful prosecution through detailed case documentation and thorough investigations. (Note: These guidelines are not intended for use when the victim is a minor.)

Release Waiver

If a release wavier is going to be used for the purpose of documenting the victim’s wishes, a sample form is the Victim Preference Statement developed by the Naval Criminal Investigative Service (NCIS). This form can be adapted by other agencies, particularly because it meets several purposes beyond simply documenting victim preferences. By asking victims to read and sign the statement, a number of purposes are actually met:

  • Explaining the various reporting options for victims
  • Explaining the limitations of alternative reporting methods
  • Memorializing the victim’s decision regarding reporting and participation
  • Documenting the involvement of an advocate or other advisor in the process

The Victim Reporting Preference Statement is also available in the SAPR Toolkit, to provide information for victims about their options and document their reporting selection.

EVAWI Training Bulletin: Testing Evidence in a Non-Investigative Report

This Training Bulletin addresses the question of whether or not evidence collected in association with a non-investigative report (often referred to as an anonymous report) should be submitted to the laboratory for analysis. In short, the answer is no.

OVW Position Paper: Testing Evidence in a Non-Investigative Report

In January 2017, the U.S. Department of Justice, Office on Violence Against Women (OVW) published a critical position paper, offering guidance on the storage and testing of evidence in a non-investigative case. Entitled Sexual Assault Kit Testing Initiatives and Non-Investigative Kits, the paper outlines three reasons for not submitting evidence in a non-investigative case to the laboratory for analysis. The paper also offers additional background, guidance, and context for this complex and challenging issue.

Presentation by FBI CODIS Director

An archived recording is available of a presentation given by Anthony J. Onorato, Chief of the FBI Nuclear DNA Unit, which is responsible for administering CODIS. The presentation was given at a conference hosted by the National Institute of Justice on September 8-9, 2016. The symposium was entitled, Looking Ahead: The National Sexual Assault Policy Symposium. Chief Onorato’s presentation was included on Panel 7 entitled “In the Lab – Testing Sexual Assault Evidence.”

Article on Direct Anonymous Reporting

This article in Sexual Assault Report offers background information on alternative reporting options for victims of sexual assault. Authors Sgt. (Ret.) Joanne Archambault and Dr. Kim Lonsway provide concrete guidance for those seeking to implement a protocol for direct anonymous reporting, clarify some common misconceptions, and help to avoid frequent pitfalls.

This project is supported by Grant No. 2013-TA-AX-K045 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed on this website are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
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