The Criminal Investigation Division (CID) shall
be responsible for the investigation of all
felony sexual assault cases and the follow-up
investigation of any open misdemeanor sexual
assault-, open lewdness-, or indecent exposure-
type cases. The Professional Standards Office
(PSO) shall investigate those cases in which a
departmental employee is named as a suspect.
A sex crime detective shall assist the PSO
investigator upon request.
PROCEDURES
A. Victim Interview
1. Special care should be exercised because
sexual assault investigations are very sensitive in nature.
2. As soon as practicable, the first officer
at the scene shall conduct a cursory, verbal
interview with the victim and only to the extent necessary to:
a. Determine if the case meets the elements of a sexual assault;
b. Determine if the crime is a misdemeanor or felony;
c. Identify and secure the scene of the sexual assault and any evidence;
d. Determine the time element; and
e. Identify and locate the suspect.
3. If the victim of the sexual assault is a
young child (less than ten years old) and the
reporting person is a reliable adult (e.g.,
school teacher, parent, counselor, etc.) who the
child disclosed the assault to, it is not necessary to
reinterview the child.
B. Misdemeanor Offenses
1. If the case is determined to be a misdemeanor
sexual assault, indecent exposure, or open lewdness
case, a complete and thorough interview of the victim(s)
and all witnesses shall be conducted. Written statements
shall be completed utilizing the Statement, HPD-252 form,
and the Suspect, Weapon, and Vehicle Description,
HPD-458 form.
2. If the suspect is located and identified
and probable cause for the arrest exists, the suspect
should be arrested and booked in accordance with
Policy 7.01, ARRESTS AND ARRESTED PERSONS.
3. If the suspect cannot be identified or
located or no probable cause for an arrest exists,
the case shall be left open with the disposition
pending the CID Sex Crimes Detail. All open cases
shall be forwarded to the CID Sex Crimes Detail for
follow-up investigation.
4. All closed cases shall be forwarded to the
CID Sex Crimes Detail for use in crime pattern analysis.
C. Felony Offenses
1. The on-call Sex Crimes Detail detective shall
be notified as soon as possible after it has been
determined that a felony sexual assault has occurred.
2. In felony cases, patrol officers shall not
obtain written statements from the victim and need
only get enough information to initiate one initial
case. The assigned detective will conduct an
in-depth forensic interview with the victim
at a later time and will initiate any additional cases as needed.
3. Reasonable efforts shall be made to locate
the scene of the sexual assault and to preserve any evidence.
4. Complete and thorough interviews of all witnesses
shall be conducted. Written statements shall be completed
utilizing the HPD-252 and HPD-458 forms.
5. If the suspect is located and identified and
probable cause for the arrest exists, the suspect
should be arrested and booked in accordance with
Policy 7.01, ARRESTS AND ARRESTED PERSONS.
D. Transporting Victims to the Hospital
1. The victim of a sex crime, regardless
of sex or age, shall be referred to the Kapiolani
Medical Center for Women and Children for an acute
forensic examination if the sexual assault occurred
within 72 hours of the report or if the victim has
injuries or symptoms as a result of the assault.
2. The responding sex crimes detective shall
be consulted prior to having the victim transported
to the Kapiolani Medical Center for Women and Children
for a sexual assault examination, unless the victim
insists on going to the hospital immediately. This
section does not preclude providing the victim
immediate medical attention for any other injury,
illness, or medical condition.
3. Two officers shall be present whenever a female
sex assault victim is transported to a hospital in a
police vehicle, unless the transporting officer is a female.
4. Any officer transporting a sexual assault victim
to a hospital shall complete a hospitalization follow-up report.
E. Examination
1. The Sex Abuse Treatment Center shall be
notified as soon as possible by the assigned
detective so that the Sex Abuse Response Team
can be dispatched to meet the victim at the hospital.
2. During the examination, medical personnel
will recover evidence and pertinent information.
All evidence and information, documented or
otherwise, will be made available to the police
upon the written consent of the victim or person
legally qualified to give consent on behalf of the victim.
3. If a victim goes to the hospital prior to
reporting the incident to the police, the victim
will be encouraged by the crisis worker or other
hospital personnel to file a report with the police.
4. If the victim refuses to report the incident
to the police, the crisis worker will later forward
the case information directly to the CID Sex Crimes
Detail for use in crime pattern analysis only.
5. A crisis worker will be present during the
entire examination of a victim.
F. Evidence Collected by the Sex Abuse Treatment Center
1. will be turned over to the police
2. In most cases, a sexual assault evidence
collection kit will be used in the collection and
preservation of evidence. The kit will be recovered
and submitted into evidence by the Scientific
Investigation Section. The medical-legal report,
which documents the examination and findings,
will be transferred to the CID Sex Crimes Detail.
3. Deoxyribose Nucleic Acid (DNA) samples
may be collected when required.
G. Medical/Social Work Personnel
1. The examining physician will assist in the
investigative process by posing questions concerning
sexual history and other sensitive details of the act
or acts involved in the assault.
2. Physicians, crisis workers, nurses, and
technicians of the center will be available to
testify in court or pretrial interviews with the prosecutor.
RIGHTS OF VICTIM
Nothing in this directive shall be construed as
grounds for preventing a victim or person legally
qualified to give consent on behalf of a victim
from seeking treatment or examination by a physician
or hospital of that person’s choice.