PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25

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1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25 Issued Date: Effective Date: Updated Date: SUBJECT: RAPE AND OTHER SEX OFFENSES 1. POLICY A. The Special Victims Unit (SVU) shall investigate all incidents of rape and all other sex offenses. 1. In cases where misdemeanor level sexual contact is made with a victim during the course of another felony crime, the higher grade crime will be handled by the detective division of occurrence. 2. The SVU shall investigate all incidents of felony sexual assaults when an additional offense is committed (e. g., the victim is robbed and raped) except homicide offenses. 3. Investigations that target Philadelphia Police Department personnel will be conducted jointly by Internal Affairs and the Special Victims Unit, with Internal Affairs serving as the primary investigative unit. Internal Affairs will be responsible for making necessary arrests and for completing all investigative and arrests reports. SVU will be utilized as expertise support. B. A report of the criminal incident shall always be taken regardless of the length of time between the date of occurrence and the date the report is made. C. Resistance of the victim of a sexual offense shall not be considered necessary in order to prove the validity of the offense. D. The Crime Scene Unit (CSU) shall provide service to the SVU on a priority basis. E. SVU will be responsible for the completion of all investigative reports when responsible for the investigation. Entry into the Police Integrated Information Network (PIIN) must be accurate, complete and entered in a timely fashion for supervisory approval. F. A rape victim shall not be transported to any police facility prior to being taken to the Special Victims Unit without the approval of a Special Victims Unit supervisor. DIRECTIVE

2 2. RAPE DEFINITIONS UNDER UNIFORM CRIME REPORTING (UCR) A. The Uniform Crime Reporting Program (UCR) has revised the definition of rape. The new definition is more inclusive, better reflects state criminal codes, and focuses on the various forms of sexual penetration understood to be rape. The new definition does not change federal or state criminal codes or impact charging and prosecution on the local level. B. The new definition of rape according to UCR is: The penetration, no matter how slight, of the vagina or anus of any female or male victim with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 3. PROCEDURE A. The first police officer(s) receiving the initial report of a rape or other sexual assault shall: 1. Render first aid to the victim (if necessary). NOTE: Officer(s) will ensure that victims refrain from eating, drinking, smoking, changing clothes, or using restroom facilities prior to medical/ forensic screening. 2. Ensure that the crime scene is protected in accordance with Directive 4.1, Responsibilities at Crime Scenes. 3. Provide flash information to Police Radio when the offender(s) has recently fled the scene. The Radio Memorandum (75-611) shall be used to provide Police Radio with a description of the offender(s). Whenever possible, use the telephone to provide Police Radio with flash information. 4. Ensure that the victim is transported to the Special Victims Unit. NOTE: Victims who have sustained serious injuries shall be transported to the nearest hospital for emergency treatment. 5. Contact the SVU Operations Room by phone if available. Otherwise, request Police Radio contact the Special Victims Operations Room. 6. Prepare a Complaint or Incident Report (75-48) and submit to the Operations Room Supervisor (ORS). DIRECTIVE

3 B. The transporting officer(s) shall: 1. Transport sexual assault victims of any age who have sustained serious injuries to the nearest hospital. 2. Transport sexual assault victims not requiring emergency treatment, 16 years of age or older, to the Special Victims Unit prior to being transported to the Philadelphia Sexual Assault Response Center (PSARC). 3. Transport sexual assault victims not requiring emergency treatment, under the age of 16, to one of the following hospitals according to the police division where the crime is reported: St. Christopher s Hospital Central Police Division East Police Division Northeast Police Division Children s Hospital Northwest Police Division South Police Division Southwest Police Division 4. Notify Police Radio and the SVU of the condition of the victim and treatment facility. 5. Remain with the victim until relieved by the assigned investigator or higher authority. 6. Prepare a Complaint or Incident Report (75-48) on the hospital case and submit the report to the ORS. C. The District Patrol Supervisors will: 1. Ensure compliance, when applicable, with provisions of Directive 4.1, 2. Ensure notification to SVU Operations. D. The Operations Room Supervisor (ORS) will: 1. Obtain a District Control (DC) number from the district of occurrence. If unable to determine the district of occurrence, the DC number shall be obtained from the district where the crime was reported. 2. Code the in accordance with the Philadelphia Police Department s Incident Classification Manual. If necessary, consult with the SVU supervisor prior to coding the DIRECTIVE

4 3. Enter information on the District Daily Complaint Summary (75-67) keeping the complainant s name and address confidential. Additionally, the complainant s name and address should not appear on the Part 1 sheet. 4. Ensure all entries into the INCT are timely and complete. E. Supervisor, Special Victims Unit, shall: 1. Ensure prompt notification to the Philadelphia Sexual Assault Response Center (PSARC). 2. Assign investigators to investigate the incident, process the crime scene, and ensure the notification of a family member, unless otherwise requested by an adult victim. 3. Notify the CSU to process the crime scene when necessary. 4. Enter information about the incident in the Daily Complaint Summary (75-67) and the Assignment Journal (75-118), and issue a SVU control number. 5. Direct the entire investigation and ensure compliance with Departmental procedures. 6. Review and approve the investigator s findings in PIIN. 7. Whenever necessary, review and discuss the legal aspects of any investigation with the pertinent Assistant District Attorney. F. The assigned investigator(s) shall: 1. Interview the attending physician and/or PSARC personnel and obtain written results of his/her examination. 2. Personally interview the complainant. a. If the victim is confined to a hospital, the interview will be conducted at the hospital. b. As soon as possible, a complete interview will be conducted in SVU Headquarters. c. A thorough and meticulous initial interview should be sufficient to determine all of the investigative steps to be taken and the evidence sought (e. g., whether or not to take fingernail scrapings, what to look for at the crime scene, which pieces of clothing should be maintained as evidence, etc.). DIRECTIVE

5 3. Notify the family of the victim, unless otherwise requested by an adult victim. a. When applicable, utilize social workers, advocacy groups, and other support personnel available at the medical facility to notify the families. 4. Ensure that victim s clothing is secured and ensure that suitable replacements are provided. a. Outer clothing should be obtained because it may contain traces of evidence that could establish contact with the defendant or crime scene. b. To avoid cross contamination, each article of clothing must be placed in a separate paper bag. c. All clothing recovered must be placed on a Property Receipt (75-3). 5. Submit the rape kit to the laboratory for processing. Affix a legible copy of the medical examination report to the rape kit. 6. As soon as possible, obtain additional evidence to support the statement of the victim by: a. Conducting a careful crime scene search, following the procedures outlined in Directive 4.1. b. Attempting to secure all possible evidence from the scene (e.g., sheets, hair, fibers, secretions, blood, etc.) c. Conducting a detailed neighborhood inquiry. 1) The neighborhood investigation should include interviews with: - Residents/business owners - Persons present or known to have been in the area at the time of occurrence. - Those persons who pass through the area regularly (e. g., mail carriers, salespersons, etc.) 2) Search area for private/commercial video surveillance equipment. 7. Examine sex offender files to identify suspects who have previously committed offenses. A review of the area, time of day, victim characteristics, and method used to commit the assault, etc., should be undertaken to uncover similarities, patterns and/or trends. DIRECTIVE

6 8. Ensure that the victim s complaint clearly indicates the elements of the crime. 9. Utilize image retrieval photo gallery to assist in identifying potential suspects. 10. Ensure all reports are completed and updated in PIIN for supervisory approval. G. Other Offenses 1. The SVU shall investigate other offenses, including but not be limited to: a. Attempts to Lure Children b. Stranger Abductions/ Attempts to Abduct Children c. Indecent Exposure d. Child Pornography BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE

7 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25 APPENDIX A Issued Date: Effective Date: Updated Date: SUBJECT: PHILADELPHIA SEXUAL ASSAULT RESPONSE CENTER (PSARC) 1. POLICY A. The Philadelphia Sexual Assault Response Center (PSARC) is a Non - Emergency based center for forensic/medical evaluation following sexual assault. The Center will provide quality and compassionate care to the victim. It will expedite emergency room care; create an atmosphere of improved privacy to the victim and allow an improved coordinated response between police, WOAR (Women Organized Against Rape), and the Medical Team. B. Co-located with the Special Victims Unit, and under the direction of a Medical Director and a Program Coordinator, the PSARC is available 24-7 to provide immediate services to sexual assault victims 16 years of age and older. The PSARC is staffed by specially trained nurses. C. The notification process begins with a Special Victims Unit supervisor directly contacting the PSARC or the on-call emergency notification service. D. The police officer transporting the victim to the Special Victims Unit will be directed by SVU supervisor to escort the victim to the PSARC office and remain in the police waiting room while the nurse conducts the forensic examination. The completed Rape Kit/ Drug Scan will be secured at the PSARC and turned over to a SVU investigator who will ensure submission to the appropriate laboratory. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE Appendix A

8 PHILADEPHIA POLICE DEPARTMENT DIRECTIVE 5.25 APPENDIX B Issued Date: Effective Date: Updated Date: SUBJECT: CHILD ABUSE NOTIFICATION PROCEDURE PLEAC POLICY A. Police officers will promptly report child abuse and suspected child neglect in accordance with the provisions of the Child Protective Services law and this directive. Police officers will, pursuant to the Pennsylvania Child Protective Services Law [23 PA C.S.A. 6301, et seq.), report suspected child abuse and suspected child neglect immediately by telephone, and by written report within 48 hours. (PLEAC 4.6.1) B. Police officers are required to report suspected child abuse when in the course of their duties they have reason to believe, on the basis of their experience and training, that a child is abused. C. Police officers are reminded that nothing in the Child Protective Services law shall be construed to restrict the generally recognized existing rights of parents to exercise reasonable supervision and control when raising their children. 2. PURPOSE A. Abused children are in urgent need of an effective child protection service to prevent them from suffering further injury or impairment. 3. DEFINITION A. Child Abuse - for the purpose of this directive, shall be defined as serious physical/ mental injury (not explained by being accidental, sexual abuse, sexual exploitation, or serious physical neglect) of a child UNDER 18 years of age. Sexual Abuse defined as the obscene or pornographic photographing, filming, or depiction of children for commercial purposes or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances which indicate that the child s health or welfare is harmed or threatened. DIRECTIVE

9 4. PROCEDURE A. Serious Neglect and/or Sexual/Physical Abuse 1. Police personnel reporting, observing, or receiving information of sexual/physical abuse; children left alone or unattended, or children at risk : (those children who appear seriously neglected as a result of possible malnutrition, lack of medical attention or dangerous environmental conditions) will: a. Follow the procedure outlined in this directive and those listed in Directive 4.1, Responsibilities at Crime Scenes. b. Prepare a Complaint or Incident Report (75-48) outlining the pertinent details. In these cases, the notification to the Department of Human Services (DHS) will be made by Special Victims Unit (SVU) personnel. c. Notify Operations Room Supervisor and relay details of the incident. d. Notify the SVU of the incident and be guided by the instructions of the SVU Supervisor. The SVU will coordinate their investigation with DHS. 2. The following criteria may be used to determine indications of neglect/abuse: a. Physical abuse: Unexplained bruises, welts, burns, fractures, lacerations, and abrasions. b. Neglect: Consistent hunger, poor hygiene, inappropriate dress for weather or environmental conditions, lack of supervision, especially in dangerous activities or long periods (particularly children of tender age), unattended physical or medical needs, and abandonment. c. Sexual abuse: Bruises and/or bleeding in external genitalia, vaginal or anal areas; venereal disease in pre-teens; books, magazines, films, videotapes, photographs, and/or other sexually explicit material. B. Suspected Child Neglect -- Police personnel will immediately report cases of suspected child neglect in the following manner: 1. Police personnel observing children who appear to be neglected as a result of a lack of adequate parental care or supervision, or who have received information from a responsible individual (teacher, caretaker, neighbor, relative), will: a. Prepare a in the district of occurrence outlining the pertinent details to include: DIRECTIVE

10 (1) Child s name, date of birth or approximate age (2) Parents/Guardians name(s) (3) Physical conditions of child/children (4) Environmental conditions (5) Relatives name, address, and telephone number 2. Operations Room Supervisor will classify the incident in accordance with the Philadelphia Police Department s Incident Classification Manual (Code 3140 Suspected Child Neglect, No Report to Follow) and ensure: a. Notification to DHS at the Child Abuse Hotline, 215-xxx-xxxx. b. Entries as to date, time, name and position of person notified at DHS are recorded on the and the district Daily Complaint Summary (75-67). BY ORDER OF THE POLICE COMMISSIONER PLEAC Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission. DIRECTIVE

11 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.25 Issued Date: Effective Date: Updated Date: SUBJECT: PENNSYLVANIA MEGAN S LAW COMMUNITY NOTIFICATIONS PLEAC 2.4.1, 4.8.1(a,b,c,d,e,f) 1. PURPOSE A. The purpose of this directive is to provide police personnel with guidelines on the Pennsylvania Sexually Violent Predator Community Notification requirements. The primary goal of the department in regard to sexual predators is the protection and safety of the children and citizens in the community. 2. POLICY A. It is the policy of the Philadelphia Police Department to comply with section 9799 (formerly 9798) of the Pennsylvania Judicial Code (Title 42) in reference to written notifications made by the police department of the municipality where a sexually violent offender resides as required by 42 Pa. C.S.A. 9799, et seq. B. The Special Victims Unit (SVU) is the designee of the Police Commissioner to ensure community notifications regarding sexually violent offenders are in compliance with Pennsylvania law. C. The Special Victims Unit is designated to ensure compliance with the Directive, and will maintain updated Standard Operating Procedures (SOP) to ensure compliance with Pennsylvania law. 3. PROCEDURE A. Community Notification 1. Pennsylvania law allows a community notification of a sexually violent predator under two circumstances: a. In cases where the convicted sex offender is found to be a sexually violent predator. b. When a person enters Pennsylvania under the Interstate Compact Act. DIRECTIVE

12 2. The Pennsylvania State Police will provide information to the Philadelphia Police Department, regarding community notification. The notification shall contain the following: a. The name of the convicted sexually violent predator. b. The address or addresses at which they reside. c. The offense for which they were convicted. d. A statement that they have been determined by a court order to be a sexually violent predator and the order is still valid. e. A photograph of the sexually violent predator, if available. f. The notice SHALL NOT include any information that might reveal the victim's name, identity, and residence. (PLEAC 4.8.1a) 3. Upon receipt of the notification of a sexually violent predator, the Police Commissioner, or their designee, is responsible as per law, for providing written notification (using a community notification flyer) to the following persons: a. Neighbors of the sexually violent predator. NOTE: As defined by PA Law, neighbors are defined as those persons who live or work within 250 feet of Sexually Violent Predator's or a Sexually Violent Delinquent Child s residence or the 25 most immediate residences and places of employment in proximity to the predator's or offender's residence, whichever is greater. In the case of a homeless/transient Sexually Violent Predator or homeless/transient Sexually Violent Delinquent Child, notice is given to those persons who live or work within 250 feet of the Sexually Violent Predator or Sexually Violent Delinquent Child's transient location or the 25 most immediate residences and places of employment in proximity to the Sexually Violent Predator or Sexually Violent Delinquent Child's transient location, whichever is greater. b. The Director of the Department of Human Service (the county children and youth service agency for Philadelphia) where the sexually violent predator resides. DIRECTIVE

13 c. The Philadelphia School District Superintendent and the equivalent officials for private and parochial schools enrolling students through grade 12 in the municipality where the sexually violent predator resides, or is located within a one-mile radius where the sexually violent predator resides. d. The licensee of each certified daycare center and licensed preschool program and owner/operator of each registered family daycare home in the municipality where the sexually violent predator resides. e. The president of each college, university, and/or community college located within 1,000 feet of a sexually violent predator s residence. (PLEAC 4.8.1b) B. Urgency of Notification 1. The Police Commissioner shall direct SVU that the notice is to be provided within the following time frames: a. To neighbors, notice shall be provided within five (5) days after obtaining information of the sexually violent predator s release date and residence location has been received by the Philadelphia Police Department. Verbal notification may be used if written notification would delay meeting this time requirement. b. To all others, notice shall be provided within seven (7) days after information of a sexually violent predator s release date and residence location has been received by the Philadelphia Police Department. (PLEAC 4.8.1c) C. Public Notice 1. All information provided in accordance with this directive shall be made available, upon request, to the general public. The public can be referred to the PA State Police Megan s Law Website link on the Philadelphia Police Department website, to the PA State Police Megan s Law Website. (PLEAC 4.8.1d) D. Documentation 1. All notifications pursuant to this directive and as required by law, will be documented in the appropriate Investigation Report (75-49/PIIN) to ensure compliance with PA State Law. E. Interstate Parolees 1. The duties to police departments under this section shall also apply to individuals who are paroled to this Commonwealth pursuant to section 33 of the Pennsylvania Board of Probation and Parole Law. (PLEAC 4.8.1e) DIRECTIVE

14 F. Duty to Inform Victim 1. In the past, Where the individual is determined to be a sexually violent predator by a court under section 9799, the Police Commissioner, or his designee (Special Victims Unit), shall give written notice to the sexually violent predator's victim when the sexually violent predator registers initially and when they notify the Pennsylvania State Police of any change of residence. This notice shall be given within 72 hours after the Philadelphia Police Department receives notification that the sexually violent predator registered or notified the Pennsylvania State Police of a change of residence. The notice shall contain the sexually violent predators name and the address or addresses where they reside. (Note: the Pennsylvania Office of Victim Advocate has now assumed this responsibility. Municipal Police no longer need to notify the victim (s) of the SVP/SVDC). 2. A victim may terminate the duty to inform set forth in Section 3-F-1 above by providing the Philadelphia Police Department or the Pennsylvania State Police with a written statement releasing the Department from the duty to comply with victim notification. 3. When an individual is not determined to be a sexually violent predator by a court under Section , the victim shall be notified in accordance with section 201 of the act of November 24, 1998 (P.L. 882, No. 111), known as the Crime Victims Act. (PLEAC 4.8.1f) BY COMMAND OF THE POLICE COMMISSIONER PLEAC Conforms to the standards of the Pennsylvania Law Enforcement Accreditation Commission DIRECTIVE

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