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Resources Available for Community Professionals
In this section, you will find resources for professionals that we have developed or disseminated in connection with this grant. Many of the materials can be adapted for use in communities across the country, to implement a response system that is compliant with VAWA 2005 provisions. The resources are organized into the following categories:
 Self-Assessment
 Template Materials for Anonymous Reporting
Forms for Victim Reporting Options
Training Materials
Sample Protocols, Documents, Forms
Medical Mandated Reporting
Data Collection
Public Education
Miscellaneous
Self-Assessment
Community Self-Assessment Tool
Perhaps the best place to start is the self-assessment tool we have developed, for communities to evaluate their current practices with respect to medical forensic examinations. Conducting this self-assessment will likely require the participation of professionals from a range of disciplines involved in the criminal justice and community response to sexual assault. This includes: law enforcement personnel, forensic examiners, victim advocates, prosecutors, crime lab personnel, victim-witness assistance professionals, and others providing health care and social services. Questions to be answered as part of the self-assessment process address:
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Forensic examinations conducted without a report to law enforcement
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Mandated reporting requirements
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Information provided to victims regarding their reporting options
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Procedures for documentation, records storage, and case tracking
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Evidence processing, destruction, and victim notification
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Anonymous reporting procedures
We have posted the self-assessment tool in Word format, so it can be filled in by community professionals. If you need the document in another format (e.g., PDF), please let us know.
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Template Materials for Anonymous Reporting
We have developed a set of templates to help communities implement a multidisciplinary protocol for victims to anonymously report their sexual assault to law enforcement. These documents are posted in Word format, so they can be easily modified for use in communities across the country. Questions are highlighted in yellow that will need to be addressed to adapt the materials. You will also need to revise the wording to reflect the unique structure of your multidisciplinary community protocol. In other words, these materials represent only the “starting point.” They can be tailored based on the specific agencies, laws, resources, and other unique factors in your community environment.
MOU for Community Protocol
There are 5 documents you can use to piece together an MOU for a community-wide protocol. There are also 2 different versions, depending on whether or not your state has medical mandated reporting.
States with Medical Mandated Reporting for Sexual Assault:
States without Medical Mandated Reporting for Sexual Assault:
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Forms for Victim Reporting Options
Options for Victims: Informational Materials and Documentation Form
Templates are also available to provide victims with information about their options for the medical forensic examination and to document their preferences.
First is a document providing victims with information about their options for: medical testing and treatment, forensic evidence collection, reporting to law enforcement, and follow-up contact.
Second is a form (entitled “Choosing Your Options”) that can be used to document the victim’s preferences, and it is designed to correspond to the informational document. The form can also be used to document information such as the medical record number or patient number, contact information for the exam facility and law enforcement agency, and the law enforcement case number (if there is one).
Again, there are two different versions of the templates, depending on whether they will be tailored for use in a state with or without medical mandated reporting for sexual assault. You will need to address the questions in yellow and make changes to the wording to reflect your multidisciplinary protocol. You will also need to fill in the name of the specific facility conducting medical forensic examinations. The documents refer to the “SAFE program” but you will need to replace it with the name of the facility providing medical forensic exams in your community.
States with Medical Mandated Reporting for Sexual Assault:
States without Medical Mandated Reporting for Sexual Assault:
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Training Materials
Article Summarizing VAWA 2005 Provisions
This article summarizes the primary provisions of VAWA 2005 regarding forensic examinations -- those addressing access and payment, especially for victims who do not participate in a law enforcement investigation. It also clarifies how the issues interact with questions of medical mandated reporting and law enforcement authorization of forensic examinations. However, readers must keep in mind that the article was originally written in 2006. The article was written by Dr. Kim Lonsway and Joanne Archambault of EVAW International, and the description of VAWA 2005 provisions was reviewed by Marnie Shiels, Attorney Advisor for the Office on Violence Against Women, U.S. Department of Justice. The article was published in Sexual Assault Report, 2007, Volume 10, Number 5, pp. 65, 74-77.
Advocates and Law Enforcement: Oil and Water?
This article explores the tension that is sometimes experienced between law enforcement and victim advocates in the community. It offers a detailed description of the advocate’s role during the criminal justice process, with particular focus on their involvement during forensic exams or interviews. Next, the article addresses the fact that many law enforcement officers, forensic examiners, and other community professionals are reluctant to involve advocates in the process, so we address some of the common factors underlying this reluctance and offer strategies to resolve them.
The article was written by Dr. Kim Lonsway and Joanne Archambault of EVAW International; it is an excerpt from the training module on Effective Victim Advocacy within the Criminal Justice System that is available in the On-Line Training Institute (OLTI). The article originally appeared in the electronic newsletter for Sexual Assault Training & Investigations (SATI), Inc. It was then subsequently published in Sexual Assault Report, Vol. 11, No. 6, pp. 81-82, 86-95 by the Civic Research Institute.
Reporting Methods: Defining Terms
This document can be used to clarify the different concepts and terms that describe various methods for reporting a sexual assault to law enforcement. These terms include: blind reports, anonymous reports, third-party reports, informational reports, “Jane Doe” reports, etc. This document is an excerpt from the larger training module on Reporting Methods for Sexual Assault that is available in the On-Line Training Institute (OLTI). The goal of this document is not to suggest that all communities must use the same terminology that we do. Rather, the goal is to differentiate the various reporting methods, so community professionals can make sure that they are all using the same terms to mean the same things (i.e., “on the same page”).
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Sample Protocols, Documents, Forms
Virginia Guidelines and Tools for Forensic Compliance
This outstanding document provides detailed guidelines and tools to guide the integrated, multidisciplinary response to sexual assault. It is entitled: “Virginia’s Healthcare Response to Sexual Assault: Guidelines for the Acute Care of Adult and Post-Pubertal Adolescent Sexual Assault Patients.” It is available for free online at: www.sexualanddomesticviolencevirginia.org and posted here as well:
Anonymous, Third Party Reporting Materials from Duluth, MN
Community professionals in Duluth have implemented a fully functioning protocol for anonymous, third party reporting. Sexual assault victims can therefore obtain a medical forensic examination without filing a formal report to law enforcement. This allows DNA and other evidence to be stored indefinitely in the event a victim decides to report at a later time. The multidisciplinary team in Duluth, led by the staff of PAVSA (Program for Aid to Victims of Sexual Assault), has developed a variety of materials to implement this protocol that can be tailored for use in other communities:
IACP Sexual Assault Supplemental Report and Guidelines
These educational tools consist of a supplemental report form, guidelines for case documentation, and effective techniques for conducting victim and perpetrator interviews. They are published by the International Association of Chiefs of Police (IACP), and designed to supplement the IACP Model Policy on Sexual Assault Investigations as well as the corresponding Concepts and Issues Paper. These guidelines and interview strategies 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. These tools can also be used for anonymous reporting when victims are willing to provide information to law enforcement without identifying themselves or making an immediate decision about whether or not to participate in the investigation and prosecution of their sexual assault. (Note: These guidelines are not intended for use when the victim is a minor.) All materials are available at the website for the International Association of Chiefs of Police (IACP).
MOU with Naval Hospital and City of Jacksonville, Sexual Assault Response Center
This Memorandum of Understanding (MOU) represents a collaborative effort between U.S. Navy personnel and community professionals in Jacksonville, Florida, including the Jacksonville Women’s Center. It outlines procedures for evidence collection, transfer, and storage, among other aspects of sexual assault response. The protocol specifically addresses the procedures to be followed when a victim of sexual assault is unable or unwilling to participate in a report being made to law enforcement (i.e., “restricted reporting”). Forms are also provided for submitting evidence, shipping kits, and documenting chain of custody. An excellent Victim Reporting Preference Statement is used to provide information to victims, so they can understand their options as well as potential consequences of each decision. Victims sign and date the form to document their choice. This form could easily be adapted for use by other communities.
Crime Laboratory Quality Assurance Forms
These forms are used by crime lab personnel to evaluate the quality of evidence and documentation from a sexual assault medical forensic examination (i.e. a “rape kit”). They offer feedback to health care providers who conduct these exams and submit evidence (e.g., Sexual Assault Nurse Examiners, Sexual Assault Forensic Examiners, Emergency Department physicians). The samples provide two alternative formats -- one from San Diego, California and one from Kansas City, Missouri.
Additional Quality Assurance Forms for crime lab personnel to use in evaluating the evidence submitted from a medical forensic examination can be found at the website for the SAFE-TA Project, which is funded by the Office on Violence Against Women and administered by the International Association of Forensic Nurses (IAFN). They can be found, along with many other resources, by clicking on the “Resources” tab and entering the “Form Library.”
Instructions for Mailing Evidence Without a Law Enforcement Report
Two states have developed materials to provide instructions for mailing evidence to the state crime laboratory when a forensic examination is conducted without a report to law enforcement. They may be helpful for other jurisdictions implementing a similar procedure for transferring evidence. The instructions developed for the state of Virginia even include detailed pictures to illustrate the process, as well as a consent form for sexual assault victims to sign documenting their understanding of the process. While many community professionals are not aware of it, these procedures for mailing evidence are a standard practice for many law enforcement agencies; what is new in this context is the fact that the evidence is being mailed by forensic examiners rather than law enforcement investigators.
Guidelines for Forensic Examinations Without a Law Enforcement Report (Florida)
This document was developed by the Florida Council Against Sexual Violence, to help counties establish a protocol for conducting forensic exams of a sexual assault victim who does not choose to report the crime to law enforcement. The document briefly summarizes the history of the relevant VAWA 2005 provisions and recommendations for best practice, including basic suggestions for establishing a Sexual Assault Response Team (SART) if one is not currently in existence. Specific guidelines address the notification of a victim advocate, collection and storage of evidence, tracking and recordkeeping, transfer of the evidentiary kit, and maintenance of chain of custody. It can serve as a good starting place for a community-wide protocol, but will likely require more detailed information about specific procedures, roles, and responsibilities of the professionals involved in responding to sexual assault cases.
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Medical Mandated Reporting
State Laws: Mandated Reporting and Payment for Forensic Examinations
Many professionals have questions about the laws in their state pertaining to mandated reporting of sexual assault and payment for medical forensic examinations. Answers can be found on the web page for the Sexual Assault Prevention and Response Office (SAPRO) of the U.S. Department of Defense, which has posted a summary of state laws compiled by the American Prosecutors Research Institute, National Center for the Prosecution of Violence Against Women. By clicking on a state, a document appears that summarizes any relevant laws pertaining to mandated reporting, payment for forensic examinations, and other reporting statutes that may impact rape victims (e.g., injuries). However, the materials were last updated in January of 2007, so they may not reflect recent changes in state statutes to comply with the VAWA 2005 provisions governing sexual assault medical forensic examinations.
Medical Mandated Reporting Form and Guidelines
Some states require medical personnel to report to law enforcement when a patient discloses that she/he has been sexually assaulted. Attached is a sample form with instructions for the state of California. In California, most forensic exams are conducted with a report to law enforcement, so the mandated reporting requirement is met when the forensic examiner submits the standard form (known as the “OES-923 Form” for documenting evidence from an adult victim of sexual assault). However, when a forensic exam is conducted without a report to law enforcement, medical personnel must still meet their requirement of mandated reporting. Some forensic examiners have therefore used this alternative form and instructions provided below to report the sexual assault to law enforcement without the victim’s participation.
California Information and Flow Chart
Implementing forensic compliance in the state of California is complicated to some degree by the existence of mandated reporting requirements for medical personnel, and a statutory requirement that law enforcement must authorize and pay for all sexual assault medical forensic examinations. A detailed summary of the current state of forensic compliance in the state of California has been posted by the California Clinical Forensic Medical Training Center, at the University of California, Davis. The website also includes a flow chart indicating the various decision points at which alternative procedures take place for forensic exams in California.
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Data Collection
Data Collected on Forensic Exams Without a Law Enforcement Report (Florida)
This spreadsheet was compiled by the Florida Council on Sexual Violence, to document the number of forensic examinations conducted in the state without a report to law enforcement. Information is also recorded on the county where the exams took place, the size of the population served, and the number of forcible rapes reported to the FBI in the Uniform Crime Reporting program – for comparison purposes. The number of exams that convert to a standard report is also recorded, along with the specific agency conducting the exams, and their evidence procedures. This is an excellent place for communities to start in developing a data collection system. It allows community professionals to immediately identify which communities are conducting more of these exams, and which are seeing more victims convert to a standard report. This could help to identify best practices in those communities that are encouraging victim participation in the investigation, even if they were initially unsure or unwilling to do so. Additional information that could be included in data collection would be the reasons given by victims for being unable to report at the time of the forensic exam and factors that helped them to re-engage with the process by converting to a standard report. Specific quotes from victims would also be important to document, to enliven the documentation of factors affecting their decision making.
Data Tracking Forms from the “Making a Difference” (MAD) Project
These data tracking forms were developed for the “Making a Difference” (MAD) project. They are designed to record detailed information on sexual assault cases handled by various agencies within a community, with alternate versions for: (1) Law Enforcement, (2) Forensic Medicine, (3) Prosecution, and (4) Victim Advocacy. They are designed with parallel formats?, so data can be compared across disciplines for variables such as victim, suspect, and case characteristics. Then each version of the form also has some data variables that are unique to that discipline. We recommend coordinating data collection across various agencies, to get a multidisciplinary perspective on your community’s response to sexual assault. For more information, please see the web page with MAD research materials.
Public Education
Public Service Announcements
Two communities have developed excellent public service announcements (PSAs) to address the issues related to sexual assault, forensic exams, and reporting to law enforcement. One was developed by the Sexual Assault Response and Resource Team (SARRT) in Austin, Texas. This PSA was developed for television, and it was designed to increase reporting of sexual assault to law enforcement, by communicating the message that victims are welcome and every effort will be made to treat them with competence and compassion. The Sex Crimes Unit of the Austin Police Department was also featured in an article in a local Spanish-language newspaper, ensuring that outreach was directed at this underserved community as well.
The second campaign was launched in New York City. It centers on an outstanding website that provides a wide range of information for victims about how to obtain a sexual assault medical forensic examination, regardless of whether or not a formal report is filed with law enforcement. The website provides urgent care instructions and the location of sites providing forensic exams (“SAFE Centers”) in various New York City neighborhoods. Information is provided in various languages, including English, Spanish, Chinese, Korean, Russian, and Creole. It even includes a number of downloadable videos which convey the information in an easily digestible format and illustrate with narrative accounts provided by actors portraying victims of a variety of different types of sexual assault. The address for the website is http://www.besafenyc.org/.
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Miscellaneous
List of Other Tools to Develop
At a meeting with representatives from eight diverse U.S. communities, professionals from a range of disciplines brainstormed a list of tools that would be useful to help them address these complex issues.
This project is supported by Grant No. 2009-TA-AX-K003 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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