Chief of Police
Saratoga, NY

The primary officer or case investigator ultimately assigned responsibility for investigation of the sexual assault is tasked with an immense responsibility. In addition to formulating an investigative strategy, he/she will be the primary department contact with the victim. The interaction between the primary investigating officer and the victim can make or break the investigation, and requires a well trained and compassionate individual who understands the many effects a sexual assault may have upon the victim. The officer must relate in a professional and understanding manner with the victim while developing key facts of evidence in the case. He/she must understand the significant weight physical evidence will play, know the types of evidence that may be available in a sex crime, and skillfully interview the victim in an effort to identify potential evidence locations, establish the elements of the offense committed, and identify the offender while maintaining the victims trust and confidence. The primary investigator must also collaborate with crime scene personnel and the SAFE examiner(s) tasked with evidence collection responsibility so that their search is thorough based upon known details of the assault. The investigating officer will also be well served to include the prosecutor's office with details of the case early on. Their experience and understanding of the many pitfalls that may occur in the prosecution of the case lend invaluable guidance to the case investigator in making the strongest case possible for prosecution.

Probably the most difficult challenge faced by law enforcement personnel in a sexual assault investigation is their interaction with the victim. Sexual assault is a significant and very personal traumatic event in the victim's life, requiring the officer having a level of confidence in their ability to interact with the victim. I have seen very seasoned investigators of high caliber who are not comfortable in this task. It is imperative that management recognizes that every individual member in their agency has special skills and assigns those individuals where they best serve the needs of the community and attain the mission of the department. The primary investigating officer must be comfortable in their assignment and have the ability to relate to the victim in an understanding and compassionate manner, while remaining focused on developing their investigation towards the goal of prosecution and ultimate incarceration of the offender. Having that goal in mind, the investigative strategy must take into account at the onset the likely defenses posed by sex offenders; denial of the offense, misidentification of them as a suspect, or a consent defense by the suspect. The investigation should build factual evidence to overcome these three defenses with the understanding that defendants may likely change their version of events going into an adversarial court proceeding, thereby changing their mode of defense.

The investigative strategy in every sexual assault case will focus first on establishing whether or not the sexual activity took place. The investigating officer and victim service personnel play a key role in communicating this effectively with the victim. The victim's consent to examination by a sexual assault forensic examiner or SAFE Nurse is key in this issue. Once consent is obtained and the forensic examination of the victim and physical crime scene are completed, sexual activity will likely be established. If the offense is alleged to have been committed using force or threat, evidence may also be developed to corroborate this from available physical evidence. Physical evidence developed properly under these searches will weigh heavily in countering the offenders claims the act did not occur, especially in circumstances where DNA evidence is secured. An identification defense is usually raised in sexual assault cases involving strangers. Crime scene processing and the forensic examination of the victim will play a major role in properly identifying the offender. In focusing to address this issue the investigative strategy must also include a detailed interview of the victim and witnesses, if any, documenting a complete physical description of the offender. This should include not only the basics identifiers such as gender, race, age, height or weight, but should include as much detail as possible, like the offenders hair style, complexion, physical abnormalities, scars, marks or tattoos, specific language used by the offender, voice description, specific details of things the offender said to the victim or told the victim to do, the clothing or jewelry worn by offender and their unique characteristics, and any other pertinent details that will aid in identity. Officer's who interview victims of a sexual assault should explain why they must delve into every detail of the offense with the victim, as uncomfortable as it may be for the victim to relive. It is only through this thorough interview that details can be documented and the best case will be made in properly identifying the offender. The interviewing officer must also understand that additional interviews may be necessary, and that the victim will likely not remember every detail early on. It is likely that as the investigation progresses the victim will remember additional information.

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