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Adult/Adolescent
Sexual Assault Investigation

CALIFORNIA COMMISSION ON POST WWW.POST.CA.GOV

 POST Guidelines on Adult / Adolescent
Sexual Assault Investigation

© 2021 by California Commission on Peace Officer

Standards and Training
Published 1986
Revised July 1999
Revised July 2007
Revised June 2008
Revised February 2021

All rights reserved. This publication may not be

reproduced, in whole or in part, in any form or by any
means electronic or mechanical or by any information and
retrieval system now known or hereafter invented, without
prior written permission of the California Commission on
Peace Officer Standards and Training, with the following
exception:
California law enforcement agencies in the POST peace
officer program and POST-certified training presenters are
hereby given permission by POST to reproduce any or all
of the contents of this manual for their internal use within
their agency or presentation location.
All other individuals, private businesses and corporations,
public and private agencies and colleges, professional
associations and non-POST law enforcement agencies in
state or out-of-state may print or download this publication
for non-commercial use.
Infringement of the copyright protection law and the
provisions expressed here and on the POST website
under Copyright/Trademark Protection will be pursued
in a court of law. Questions about copyright protection of
this publication and exceptions may be directed to the
Publications Manager.

2 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Mission

The mission of the California Commission on Peace Officer Standards and

Training (POST) is to continually enhance the professionalism of California law
enforcement in serving its communities.

Recognizing that effective law enforcement is the cornerstone of a free and

safe society, POST is committed to a vision of the future that ensures quality,
integrity, accountability, and cooperation; encourages new ideas; explores and
uses appropriate technologies; and delivers relevant, client-based programs and
services.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 3

POST Commissioners

Joyce Dudley Chair

District Attorney
Santa Barbara County
Rick Braziel Vice Chair
Educator
Humboldt State University
Alan Barcelona Special Agent
California Department of Justice
Ingrid Braun Sheriff-Coroner
Mono County Sheriff’s Department
Barry Donelan Sergeant
Oakland Police Department
Robert T. Doyle Sheriff
Marin County
P. Lamont Ewell Public Member
Kelly Gordon Chief
Monterey Park Police Department
Geoff Long Public Member
Tina Nieto Chief
Marina Police Department
James O’Rourke Sergeant
California Highway Patrol
John Marsh Chief
Director of Division of Law Enforcement
Representing Rob Bonta Attorney General
Ex-Officio Member

4 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Acknowledgments

Sgt. II Kathleen Matthews Los Angeles Police Department (LAPD)

1880 North Academy Drive
Los Angeles, CA 90012

Wayne Farquhar South Bay Regional Public Safety Training Consortium

560 Bailey Avenue
San Jose, CA 95141

Lt. Kendra Nunes San Jose Police Department

201 W. Mission Street
San Jose, CA 95110

David Robbins Yolo County Deputy District Attorney – Sex Crimes Unit
301 2nd Street
Woodland, CA 95695

James (Craig) Newland District Attorney Investigator with LA County DA’s Office,
Retired Investigator
Long Beach Police Department

Marisa Messier Director of Training

Government Training Agency (GTA)
6155 Cornerstone Court East, Suite 130
San Diego, CA 92121

Cathy Garcia Supervising Investigator (retired)

San Diego County
Government Training Agency (GTA)

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 5

Foreword

Sexual assault is one of our society's most serious and offensive crimes. It is
a threat to the community, and it may have a lifelong impact on its victims. The
trauma associated with sexual assault differs from other forms of victimization.
Due to the invasive nature of sexual assaults, responding officers must be trained
to develop a supportive environment for victims. It is paramount that victims
feel secure and protected when law enforcement personnel follow investigative
protocols necessary to help ensure prosecution of the crime.
Penal Code (PC) §13516 requires the Commission on Peace Officer Standards
and Training (POST) to prepare guidelines establishing standard procedures for
law enforcement agencies to follow in the investigation of sexual assault cases,
and cases involving sexual exploitation or sexual abuse of children. These
guidelines include police response to, and treatment of, victims of these crimes.
The statute also requires POST to prepare and implement a sexual assault
investigation training course. This guideline document has been updated to
incorporate changes in the law and changes in investigative procedure.
Guidelines are presented in a format that will allow the reader to follow a
systematic process for conducting a sexual assault investigation. POST
encourages the sharing of this information with all law enforcement personnel
who may serve as the liaison between the sexual assault victim and the criminal
justice system.
The Commission appreciates the contributions of the Sexual Assault Investigation
Guidelines Review Committee for assistance in updating this information.
Questions or comments concerning this document should be directed to the
Training Program Services Bureau at (916) 227-4885.

Manuel Alvarez Jr.,

Executive Director
California Commission on POST

6 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Table of Contents
Mission ....................................................................................................................................... 3
POST Commissioners ................................................................................................................ 4
Acknowledgments ...................................................................................................................... 5
Foreword .................................................................................................................................... 6
Guidelines for Investigations .................................................................................................... 10
Goals ........................................................................................................................................ 10
Major Definitions ....................................................................................................................... 10
Guideline 1: SART ................................................................................................................. 11
Guideline 2: Common Misconceptions................................................................................... 12
Guideline 3: Delayed Victim Reporting .................................................................................. 14
Guideline 4: Victim Dynamics ................................................................................................ 15
Guideline 5: Common Defenses and Types of Evidence ....................................................... 16
Guideline 6: Investigate All reports......................................................................................... 17
Guideline 7: Dispatcher Responsibilities ................................................................................ 17
Guideline 8: Emergency Responsibilities ............................................................................... 18
Guideline 9: Initial Victim Interview ........................................................................................ 19
Guideline 10: Crime Scene Investigation ............................................................................... 21
Guideline 11: Victim Examination........................................................................................... 23
Guideline 12: Evidence Handling ........................................................................................... 25
Guideline 13: Follow-up Interview .......................................................................................... 26
Guideline 14: Pretext Telephone Call ..................................................................................... 29
Guideline 15: Witness Considerations ................................................................................... 30
Guideline 16: Investigative Techniques .................................................................................. 30
Guideline 17: Interview and Interrogation Techniques ........................................................... 31
Guideline 18: Forensic Examination ...................................................................................... 34
Guideline 19: Report Documentation ..................................................................................... 35
Guideline 20: CODIS.............................................................................................................. 36
Guideline 21: Presenting the Case ........................................................................................ 37
Guideline 22: Courtroom Testimony ....................................................................................... 37
Guideline 23: Supervisor’s Role ............................................................................................. 38

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 7

Appendix 1: Statutory Laws Pertaining to Sexual Assault ................................................ 39
Part A: State and Federal Laws ..................................................................................... 39
California Penal Codes ............................................................................................... 39
Welfare and Institutions Code ..................................................................................... 47
Evidence Code............................................................................................................ 47
Federal Laws .............................................................................................................. 47
Part B: Case Law Relating to Sex Crimes .................................................................... 47
Definitions and Related Case Law .............................................................................. 47
Case Law Related to Rape ......................................................................................... 49
Case Law Related to Consent .................................................................................... 50
Case Law Related to Other Sexual Offenses ............................................................. 50

Appendix 2: Victim Considerations – Dealing with Special Needs Victims ..................... 55

Uncooperative, Agitated Victims ....................................................................................... 55
Victims with Mental Illness/Psychiatric Symptoms ........................................................... 55
Victims with Disabilities .................................................................................................... 56
Deaf Survivors .................................................................................................................. 57
Male Victims ..................................................................................................................... 58
Lesbian, Gay, Bisexual, and Transgender Victims ........................................................... 58
Victims Assaulted by a Spouse or Intimate Partner ......................................................... 59
Elderly Victims .................................................................................................................. 60

Appendix 3: Sexual Assault / Abuse Documentation Forms ............................................. 61

Clothing Documentation – Addendum to Form 923 ........................................................ 61
Facsimile Inquiry for Child Abuse Central Index Check (CACI) ....................................... 61
Addendum to OES Form 923 ........................................................................................... 62

Appendix 4: Physical Evidence for Submission to Criminalistics Laboratory................ 64

Appendix 5: Definitions of Anatomical Terms .................................................................... 67

Appendix 6: Rapist Personality Disorders .......................................................................... 70

Appendix 7: FBI Rapist Classifications ............................................................................... 73

Rapist Classifications for Profiling .................................................................................... 73

Appendix 8: Interview and Interrogation Strategies .......................................................... 79

General Tactics ................................................................................................................. 79

8 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 Psychopathic/Antisocial.................................................................................................... 79
Narcissistic ....................................................................................................................... 80
Paranoid ........................................................................................................................... 80
Paraphilic.......................................................................................................................... 81

Appendix 9: Sexual Paraphilias (Sexual Deviations) ......................................................... 82

Definition .......................................................................................................................... 82
Behaviors ......................................................................................................................... 82
Criminal Conduct .............................................................................................................. 82

Appendix 10: Pretext Telephone Call/Pretext Texting/Digital Social Media/Online

Communications .................................................................................................................... 83

Appendix 11: Web Resources .............................................................................................. 96

Web Sites ......................................................................................................................... 96
Web Based Documents .................................................................................................... 96

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 9

Guidelines for Investigations
These guidelines are for law enforcement use when responding to and investigating sexual
assault cases.
Responses will vary depending upon individual agencies and jurisdictions.

Goals
The goals established in preparing these guidelines are as follows:
► Improve the law enforcement response to reports of sexual assault.
► Enhance the investigation and prosecution of these complex and sensitive cases.
► Familiarize law enforcement personnel with all pertinent laws and resources
associated with sexual assault crimes including local, state, and federal agencies.
► Provide officers with information on how to assist, interact with, and educate
victims about the criminal justice process.
► Describe common misconceptions and realities about sexual assault.
► Provide an understanding of the benefits of the Sexual Assault Response Team
(SART) approach, even if it is not formalized in the officer’s jurisdiction.
► Provide information on conducting unbiased and effective forensic interviews with
victims, witnesses, and suspects to determine the facts and protect all parties’
rights..
► Safeguard the community.

Major Definitions
Sexual assault is a crime of forced and/or non-consensual sexual violence that is
defined by one or more of the following acts:
Rape – Penile-vaginal contact with any penetration, however slight
Oral Copulation – Contact between the genitals of one person and the mouth of
another
Sodomy – Contact between the anus of one person and the penis of another with any
penetration, however slight
Sexual Penetration – Sexual penetration of the genital or anal opening with any foreign
or unknown object
Sexual Battery – Touching of an intimate part (genitals, buttocks, or breasts of a
female) against the victim’s will, for the purpose of sexual arousal, sexual gratification,
or sexual abuse.
Consent – A positive cooperation in act or attitude pursuant to an exercise of free will.
The person must act freely and voluntarily and have knowledge of the nature of the act
or transaction involved

10 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Guideline 1 | SART
Law enforcement should be familiar with the general definitions of sexual assault,
the conditions under which sexual assault typically occurs, and the Sexual Assault
Response Team (SART) approach.
Sexual assault typically involves but is not limited to one of the following conditions:
1. Force was used or threatened, even if there is no injury to the victim.
2. The victim was afraid, under duress, or coerced, even if this did not lead the victim to
physically resist.
3. The victim was severely disabled and could not legally give consent. (The victim could
not understand the nature or condition of the act due to illness or disability.)
4. The victim was severely intoxicated or unconscious because of drugs or alcohol and
was therefore unable to give informed consent at the time of the sexual assault.
5. The victim was under the age of eighteen at the time of the sexual assault. The victim
was unconscious or asleep.
Note: See Appendix 1: Laws Pertaining to Sexual Assault, page 39

Sexual Assault Response Team (SART)

An interdisciplinary team comprised of law enforcement, victim advocates/counselors, medical
personnel (forensic examiners), criminalists, prosecutors, and members of other community
resource agencies working in collaboration to meet the medical and emotional needs of the
sexual assault victim and the forensic needs of the criminal justice system.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 11

Guideline 2 | Common Misconceptions
Law enforcement should be familiar with the common misconceptions and realities associated
with sexual assault because they can affect case evaluation and report writing.
There are several misconceptions associated with sexual assault including, but not
limited to, the following:

Misconception Reality
The perpetrator usually looks mean and Most sexual assaults do not involve a
1
carries a weapon. weapon.

The suspect often does not fit the

stereotype of a “rapist” and, in some cases,
is a respected individual with status in the
The perpetrator typically stalks the victim
community or is known to and/or trusted by
2 like a predator and attacks at night in
the victim. However, stalking is many times
parks, dark streets, or breaks into homes.
part of sexual assault, especially stalking
behaviors even when it is not a charged
crime.

The assault typically involves a great

deal of physical violence and leaves the Many sexual assaults do not result in
3
victim physically brutalized with obvious visible physical injury.
signs of injury.

A victim of sexual assault may be in shock

and appear outwardly calm or express an
entire range of emotions from anger to
The victim is visibly hysterical when deep sorrow. There is no “typical” reaction.
4
reporting the assault. It is important for responding personnel
to refrain from judging or disregarding
the victim solely based on the victim’s
emotional state.

Many victims do not report the assault or

The victim immediately reports the
5 delay reporting the event for days, weeks,
assault to police.
months, or even years.

Victims may omit parts of their accounts.

The victim is certain about most, if not all,
6 They may not remember all of what
of the details of the sexual assault.
occurred or have gaps in memory.

12 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 Misconception Reality
Sexual assaults are also committed
against men, most often involving a male
Sexual assault is only committed against
perpetrator. Sexual assault and intimate
7 women or within the heterosexual
partner violence also occur in the lesbian,
community.
gay, transgender, bisexual, and queer
communities.

Victims can be of any age or appearance.

Individuals with disabilities are sexually
The victim is usually young, able-bodied,
8 assaulted at a greater rate than the general
and attractive
population. See: Victims with Disabilities,
page 54

Non-stranger sexual assault is a serious

“Date rape” is simply miscommunication
9 crime that cannot be explained away as
involving consensual sex.
“miscommunication”.

This fallacy perpetuates the stereotype that

Many women secretly desire to be
women have “rape fantasies” and focuses
10 sexually assaulted and may say “no”
the blame on the woman rather than the
when they actually mean “yes”.
perpetrator.

Regardless of the way a woman dresses,

Women “ask” to be sexually assaulted
11 she is not responsible for the behavior of
because of the way they act and dress.
the perpetrator.

Substantiated false reports are rare. In fact,

False rape allegations are common and studies estimate that approximately four
are typically filed by women trying to percent of all sexual assault reports are
12
“get back at a boyfriend” or cover up a determined to be false. People with serious
pregnancy, affair, or other misbehavior. psychological and emotional problems file
most false reports.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 13

Guideline 3 | Delayed Victim Reporting
Law enforcement should be familiar with the phenomena of delayed victim reporting.
Victims of sexual assault are often reluctant to report or withhold information due to
one or more of the following factors:
1. Anticipated family response
2. Anticipated media coverage
3. Anticipated peer response
4. Cultural, religious, ethnic beliefs
5. Denial
6. Disability
7. Embarrassment
8. Fear
9. Potential retaliation
10. Lesbian, gay, bisexual, transgender, queer (LGBTQ)
11. Guilt
12. Lack of support system
13. Lack of trust
14. Not sure what happened
15. Perception of law enforcement officers
16. Prior history of sexual abuse
17. Sense of helplessness
18. Unfamiliar with laws

Victims often fear their sexual assault report will not be believed or taken seriously
because of one or more of the following factors:
1. They know their assailant.
2. They are related to or closely acquainted with the assailant.
3. The sexual assault was preceded by consensual intimate contact with the assailant.
4. They are intimidated by the assailant’s position, power, or social status.
5. They engaged in drug or alcohol use.
6. They engaged in high-risk actions such as entering a stranger’s automobile or
apartment.
7. They have an arrest record or outstanding warrant.
8. They were engaged in illegal activity at the time of the offense.
9. They fear being perceived as having an ulterior motive.

14 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Guideline 4 | Victim Dynamics
Law enforcement should understand victim dynamics and effectively respond to all
victims from varying life circumstances.

Victim Considerations
It is important to keep in mind that the victim has been through a traumatic, degrading, and
life-changing event. The victim requesting assistance may be traumatized and in crisis. Law
enforcement personnel should:
1. Show understanding, patience, and respect for the victim’s dignity and attempt to
establish trust and rapport.
2. Understand they will encounter victims from varying life circumstances often requiring
additional awareness and/or resources.
3. Recognize these victims may be any of the following:
a. Uncooperative/highly agitated
b. College students
c. Elderly
d. Assaulted by someone of the same sex
e. Assaulted by an intimate partner or spouse
f. Individuals with barriers such as hearing impairments, cultural and/or language
differences, varying religious affiliations
g. Engaging in high-risk behavior such as prostitution
h. LGBTQ
i. Male or female
j. Disabled (including but not limited to individuals with physical, communicative,
neuromuscular, developmental, cognitive, visual, medical, learning, and/or
psychiatric disabilities)
k. Mentally ill and/or demonstrating psychiatric symptoms
l. Confined individuals or inmates
Note: See Appendix 2: Victim Considerations, page 54
Law enforcement officers should be familiar with human trafficking.
Note: 2014 POST Guidelines “Law Enforcement Response to Human Trafficking”

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 15

Guideline 5 | Common Defenses and Types of Evidence
Law enforcement officers should be familiar with the common defenses to charges of
sexual assault and the different types of evidence to be collected.

Common Defenses to Charges of Sexual Assault

1. Denial: “It did not happen.”
2. Identity: “It happened, but it was not me.”
3. Consent: “It happened, but it was consensual.”
Non-stranger sexual assaults often result in a consent defense. Evidence of particular
importance that may establish the absence of consent, and/or the presence of force or
threat includes:
1. Evidence of physical or verbal resistance by the victim
2. Evidence of genital or non-genital injury
3. Detailed account of the victim’s thoughts and feelings during the assault
4. Information regarding the suspect’s size and strength in comparison to the
victim’s
5. Information regarding the environment in which the assault took place such as an
isolated location
6. Detailed account of any possible relationship dynamics including manipulation and
intimidation
7. Information regarding the victim’s behavior after the assault, including symptoms of
post-traumatic stress
8. Information regarding the victim’s level of intoxication
Stranger sexual assaults may result in an identity defense. Evidence of particular
importance includes:
1. Latent fingerprints
2. Lineups (live, photo, voice)
3. Forensic DNA (blood, saliva, semen, contact DNA)
4. Trace evidence (fibers, hair)
5. Composite drawings
6. Physical evidence (fingerprints, bite marks, tire tread, footwear impressions)
If there is evidence to confirm identity, the officer should be prepared for a consent defense. It
is common for suspects to change defenses depending upon the circumstances of the case.

16 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Guideline 6 | Investigate All Reports
Law enforcement should investigate all reports of sexual assault as legitimate cases.

False Reports
False complaints of sexual assault do happen, but they are rare. Most reported cases are
legitimate. All cases should be thoroughly investigated to avoid traumatizing victims by
questioning their veracity.

Guideline 7 | Dispatcher Responsibilities

Communications
Dispatchers have an impact on how sexual assault calls are handled. The ability to
gather information affects:
1. Victim safety
2. Officer safety
3. Apprehension of the suspect
4. Preservation of evidence

Dispatchers may influence the following:

1. How the officer perceives the incident and the victim
2. How the victim responds to the officer

As part of the emergency response, dispatchers should obtain the following

information:
1. Where is the victim?
2. Is the victim safe?
3. Is the victim in need of medical attention?
4. Where is the suspect?
5. Is there a weapon involved?
6. What happened?
7. Where and when did it happen?
8. Does the victim know the suspect?
9. What is the suspect's description (name, age, height, weight, ethnicity, scars, marks,
tattoos, gender, clothing, and vehicle)?

To ensure critical evidence is not lost, dispatchers should:

1. Explain to the victim that several questions need to be asked while the officer is
responding to the location.
GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 17
 2. Advise the victim that many actions can contaminate, alter, or destroy potential
evidence.
3. Request that the victim not change clothes, bathe, wash hands, brush teeth, gargle,
douche, urinate, defecate, remove a tampon, or make other physical changes. If
unavoidable, ask the victim to use a clean container to collect any potential evidence.
4. Tell the victim that the crime should still be reported even if the victim has bathed or
performed other personal hygiene or bodily functions. Other evidence may still be
identified and recovered.
5. Advise the victim not to touch or disturb anything the suspect may have had contact
with or handled.
6. Preserve the communications tape and printout for the investigation; everything said
and done is potential evidence.

Guideline 8 | Emergency Responsibilities

Law enforcement should be familiar with the emergency responsibilities of the first
responding officer(s).

Responding Officer(s) Actions

As part of the emergency response, the initial officer(s) should do the following:
1. Contact the victim as soon as possible to address safety concerns and summon
emergency medical assistance if needed.
2. Clearly explain to the victim the role of the responding officer.
3. Evaluate the scene for people, vehicles, and/or objects involved as well as
possible threats.
4. Secure the crime scene to ensure evidence is not lost, changed, or contaminated.
5. Explain the need to protect evidence on the victim’s body and clothing.
6. Identify any potential witnesses, especially the first person the victim told about the
sexual assault (fresh complaint witness).
7. Determine if there are multiple crime scenes.
8. Confirm the suspect description and initiate a search for the suspect when
appropriate (broadcast description).
9. If the suspect is present, detain and remove them from the scene.
10. Relay all vital information to other responding officers and supervisors, including any
possible language barriers.
11. Request assistance from detectives, crime scene investigators, crime laboratory
personnel, and prosecuting attorneys when appropriate.
12. Ask the victim about any circumstances indicating the use of alcohol or drugs

18 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 to facilitate the assault such as loss of memory, disorientation, severe illness,
hallucinations, or altered levels of consciousness.
13. Determine the time of the incident as soon as possible to make decisions regarding the
collection of urine and blood samples. This is especially critical when the sexual assault
may have been facilitated with drugs or alcohol.
14. Explain the importance of this evidence to the victim and request cooperation. It may be
necessary for the officer to collect a urine sample immediately.
15. Ask the victim if anyone should be called or notified, and then facilitate this
contact.
16. Address any special needs of the victim.
17. Record specific observations of the crime scene, including the demeanor of the victim
and the suspect. Was the victim crying, shaking, or laughing? Did the victim appear
intoxicated?
18. Document any injuries and/or visual observations of the victim’s and/or the
suspect’s condition. Consider photographing and/or videotaping the injuries.
19. Ask if the victim has any questions.
20. Identify and secure any potential surveillance recordings.
21. Arrange for a neighborhood canvass to be conducted. Limit the amount of
information provided to the neighbors to protect the victim’s privacy.

Guideline 9 | Initial Victim Interview

Law enforcement should understand the responding officer’s responsibilities in
conducting the initial victim interview.

Factors to Consider Prior to the Initial Victim Interview

Prior to initiating the interview, the responding officer should consider the following:
1. Sexual assault investigations typically include an initial and subsequent in-depth
interview with the victim.
2. The initial interview is intended to accomplish the following:
a. Determine whether a crime has occurred
b. Establish the elements of the crime(s)
c. Identify any and all witnesses, suspect(s), evidence, and crime scene(s)
d. Determine who, what, where, when, how; and evaluate the need for a forensic
examination
3. The initial interview is not intended to be a comprehensive or final interview, additional
interviews will be conducted as the investigation develops.
4. This interview should be conducted promptly if the victim is coherent and agreeable.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 19

 5. Questioning should be limited according to the victim’s emotional and physical state.
6. Using cognitive and free format interviewing techniques is effective for obtaining
detailed information.
7. Quality interviews require developing a rapport with the victim.
8. It is important to remain patient and maintain an open mind while listening to the victim’s
account. Sitting at eye level may make the victim feel more at ease.
9. Based on the trauma the victim may have experienced, be wary of touching the victim.
10. Terminology appropriate to the victim’s age, sophistication level, and intelligence should
be used. Leading questions, police jargon, legal terms, and/or run-on sentences should
be avoided.
11. When alcohol or drugs are involved, the victim may have limited recollection of the
crime or be unable to give a complete account.
12. Even if alcohol or drugs are not involved, the victim may struggle with gaps in memory.
13. Procedures regarding recording all interviews with the victim, witnesses, and the
suspect depend upon individual departmental policies. Recording statements can be an
excellent investigative tool. If recording, ensure the equipment is functioning properly.
a. Advantages of recording statements include the following:
(1) Provides more detail than handwritten notes
(2) Enables investigators to be more attentive during the interview
(3) Assists investigators in synopsizing details
(4) Protects the interviewer should a complaint or misunderstanding arise
(5) Conveys the victim’s immediate response to prosecutors and jurors
(6) Provides training material for use in improving the quality of interviews
b. Disadvantages of recording statements might include:
(1) Intimidates the victim causing reluctance to disclose information

Initial Victim Interview

During the initial victim interview, the responding officer should:
1. Allow the victim to select a private and comfortable location for the interview that is free
from distractions.
2. Explain the nature of the interview – to determine what took place.
3. Explain to the victim the importance of providing all facts including high-risk or illegal
activity including all recent alcohol and/or drug use.
4. Explain that they are not responsible for the suspect’s assaultive conduct.
5. Communicate empathy and build rapport.
6. Express sympathy to the victim and an interest in the victim’s well-being. Acknowledge
the victim’s ordeal. “I’m sorry this happened to you.”

20 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 7. Allow the victim to vent emotions.
8. Allow the victim to describe the experience in their own words without interrupting. Say,
“Tell me what happened,” and wait for the victim to complete the narrative before asking
questions.
9. Use open-ended questions to clarify certain portions of the incident.
10. If applicable, inquire about and document the reasons for a delayed report.
11. Ask the victim specifically what they were wearing during and after the assault.
12. Determine the need for a forensic examination and coordinate with other professionals
such as the forensic examiner and criminalist.
13. If the forensic examination is going to be conducted, ensure the medical facility and the
rape crisis center is notified.
14. Explain that the forensic examiner, detective, crime scene investigator, and prosecutor
will be making contact with additional questions.
15. Obtain contact information, including temporary housing. If the victim does not have
a permanent residence, recommend obtaining a free email address through the local
library or other service organization.
16. Provide the victim with resources and/or other information such as victim/witness
program services and compensation.
17. If the victim is under the age of 18, make the appropriate written notifications to the
Department of Justice, the District Attorney’s Office, and Child Protective Services.
Note: See SS8583 Child Abuse Summary Report and instructions

Guideline 10 | Crime Scene Investigation

Law enforcement should be familiar with the responsibilities associated with
processing the crime scene(s). As part of the evidence collection process, the
responding officer(s) should do the following:

1. Request assistance or direction from crime scene investigators and forensic scientists, if
available.
2. Understand the differences associated with evidence collection on stranger versus non-
stranger sexual assaults.
3. Document the crime scene, photograph, sketch, and diagram the crime scene(s) before
it is disturbed or processed.
4. Photograph suspected bite marks with a scale, and swab for DNA. This may be
completed at the sexual assault examination.
5. Protect the integrity of the evidence and maintain the chain of custody by properly
photographing, marking, packaging, and labeling all evidence collected. Whenever

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 21

 possible, collect the entire object. The following are proper evidence collection
procedures:
a. Use clean, disposable gloves and change them frequently to avoid cross-
contamination.
b. Use sterile swabs, papers, solutions, and tools.
c. Always separate victim evidence from suspect evidence.
d. Air dry evidence before packaging.
e. Package evidence in individual envelopes, paper bags, and cardboard boxes.
f. Avoid touching the areas where potential evidence may be present.
g. Avoid talking, sneezing, and coughing over evidence.
h. Collect all potential sources of DNA or other biological evidence such as:
(1) Blood, sweat, tissue/skin, semen, saliva, hair, urine, fecal matter, vomitus,
teeth, and bone
(2) Clothing worn at the time of the assault and immediately afterward, especially
the clothing worn closest to the genitals such as undergarments, pants, and
shorts. If possible, collect the victim’s clothing at the scene and place them
in a clean paper bag. This reduces the chances of contamination during
transportation to the medical facility. Document the condition of the underwear
such as inside out, stretched, or torn.
Note: See Addendum to OES Form 923 for Clothing Documentation form, page 60
6. If a stain is observed on a large item, identify the location of the stain using arrows or
other markers.
7. Collect other potential sources of DNA including but not limited to, the following:
a. Anything used to clean genital areas of the victim and/or suspect washcloths,
towels, and/or tissue
b. Any foreign object used to penetrate the victim
c. Condoms and/or wrappers
d. Sheets, blankets, and/or pillows
e. Bottles, cans, drinking cups, and/or straws; these items can also demonstrate the
levels of alcohol use; photograph and collect as many containers as possible and
note their location at the scene.
f. Baseball caps, hats, headbands, and/or ski masks
g. Partially eaten food items, and/or chewing gum
h. Physical restraints – ropes and/or ligatures
(1) Do not cut or untie the knots
(2) Cut the restraints at a place away from the knot
(3) Mark the cut to show where the pieces fit together

22 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 i. Guns, ammunition, and/or knives
j. Envelopes
k. Feminine hygiene products
l. Toothbrushes, hairbrushes, and/or ear plugs
m. Telephone
n. Tape
o. Eyeglasses
8. Process any fingerprints, footwear, and/or tire tread impressions.
Note: See Appendix 4: Physical Evidence for Submission to Criminalistics Laboratory,
page 63

Guideline 11 | Victim Examination

Law enforcement should be knowledgeable about the sexual assault victim examination
and the proper protocols.

Factors to Consider Prior to the Sexual Assault Victim Forensic

Examination
The responding officer should be aware of the following:
1. A prompt and professional forensic examination increases the likelihood that injuries will
be documented, photographed, and evidence will be properly collected.
2. There are no set time limits for when evidence can be gathered and injuries
documented, especially if the victim is injured, bleeding, and/or experiencing pain. (The
sooner the evidence is collected, the better.)
Note: At this point in the investigation, depending upon agency policy and resources,
the first responding officer may relinquish the investigation to a detective who specializes
in this area.)

Investigating Officer’s Actions Prior to Victim Forensic Examination

1. Explain the role of the different members of SART and facilitate the introductions of the
team members. Be aware that the victim may bond with the first responding officer.
2. Explain to the victim the purpose and importance of medical screening and the forensic
examination.
3. Inform the victim of the right to decline any or all parts of the examination and the
potential consequences for refusal.
4. Inquire whether the victim will consent to a forensic examination and obtain a signed
authorization form for access to all related medical records.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 23

 5. Advise the victim that a counselor/advocate or support person of the victim’s choosing
can be present in the room during the examination.
6. Advise the victim that the forensic examiner will collect any clothing worn during or
immediately after the sexual assault if it has not been previously collected.
7. Assist in arranging for clothing the victim will need after the examination.
8. Transport the victim to the designated medical facility familiar with established protocols
for forensic examination of sexual assault victims.
9. Encourage a victim who is unwilling to undergo a forensic examination to seek medical
attention, including testing for pregnancy and sexually transmitted diseases. (If the
victim undergoes a forensic examination, these issues will be addressed.)

Investigator’s Actions at the Medical Facility

The investigating officer should take the following actions at the hospital:
1. Brief the forensic examiner on the details of the sexual assault, as known at the time. If
a drug-facilitated sexual assault is suspected, it is critical to obtain a urine sample from
the victim as soon as possible.
2. Whenever possible, the investigating officer should be present while the forensic
examiner obtains the victim’s history of the events.
3. At the conclusion of the examination, discuss the findings with the forensic examiner.
4. Obtain a copy of the forensic examination medical forms, if available, and attach it to the
police report. Summarize the findings in the police report, noting significant information
or injury. (The officer needs to have a basic understanding of human anatomy and
medical terminology.)
Note: See Form Cal OES 2-923: Acute Adult/Adolescent Sexual Assault Exam
See Appendix 5: Definitions of Anatomical Terms, page 66
5. Provide the victim with the investigator’s contact information.
6. Encourage the victim to contact the investigator with any additional information or
evidence.
7. Remind the victim that visible evidence of injury may appear later, and to contact the
investigator for additional photographs and/or other documentation if this occurs.
8. Assist the victim in obtaining protection orders, if appropriate.
9. Inform the victim about the next steps in the investigation, such as in-depth interviews,
possible identification of the suspect, and a lengthy court process.
10. Notify the victim of their rights, including, but not limited to:
a. The right to request their name not to become a matter of public record
b. The right to be notified of arrests and court dates
c. The right to have a counselor/advocate present during all follow-up interviews

24 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 11. Ensure that the victim has received written referrals for victim service and
compensation organizations.
12. During the process, provide time for the victim to meet with the advocate/counselor for
counseling referrals and follow-up care/advocacy.
13. Note: A victim’s inability or decision not to be involved in criminal justice proceedings
should not preclude the officer from being willing to offer continued assistance and
referrals.
14. Ensure the victim has transportation to a safe location. If not, provide transportation.

Guideline 12 | Evidence Handling

Law enforcement should be familiar with proper evidence handling techniques.

Transfer and Booking of Sexual Assault Examination Kit

Often, after the examination, the responding officer or investigator takes custody of all evidence
including receiving the sexual assault evidence kit from the medical staff. The officer should:
1. Ensure the kit is properly sealed and labeled.
2. Immediately transport the evidence to the department or crime laboratory for storage.
3. Ensure the kit is not exposed to heat such as a vehicle’s interior heater.
4. Glass items containing blood samples should be refrigerated and not frozen in the
Sexual Assault Evidence Kit, urine samples are typically frozen in a plastic container,
sealed in the kit.
5. Air dry, properly package, and freeze the victim’s clothing and/or other biological
evidence.
6. Book and secure all evidence as soon as possible.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 25

Guideline 13 | Follow-up Interview
Law enforcement should be familiar with the responsibilities of the officer conducting a
follow-up victim interview.

Factors to Consider Prior to Follow-Up Victim Interview

1. An in-depth follow-up interview should be conducted after the victim has been medically
examined, treated, and all personal needs have been met. The interview may take place
at a later time or date.
2. The interview should be delayed if the victim is still under the influence of drugs or
alcohol, is injured, or has not slept and barring exigent circumstances requiring an
arrest or identification. (There may be exceptions to this if the sexual assault was drug-
facilitated and there is a chance that the victim will have no memory of the assault.)

Prior to the Follow-Up Victim Interview

Prior to the follow-up victim interview, the investigating officer should:
1. Consult with agency personnel who responded to the scene and review all reports.
2. Retrieve communications tapes and printouts.
3. Develop an investigative strategy based on the nature of the assault and the possible
defenses available to the suspect, such as denial, mistaken identity, or consent. This
strategy should guide the questions and other evidence collection efforts.
4. Determine if other agencies such as Child Protective Services, Adult Protective
Services, or Campus Police are conducting parallel investigations and coordinating
efforts.
5. Contact the victim and advise them of the right to have a counselor/advocate present at
any follow-up interview and assist in coordination.
6. Provide or arrange transportation for the victim when needed.
7. Depending upon departmental policy, arrange for equipment to record the interview.
Ensure the equipment is working properly.
8. Schedule the interview to take place in a location that is convenient, accessible, and
comfortable for the victim.

Follow-Up Victim Interview

During the initial phase of the follow-up interview, the officer should:
1. Discuss the purpose and scope of the interview.
2. Explain the victim’s rights, including confidentiality.
3. Depending upon departmental policy, explain the need to record the interview and
request the victim’s consent.

26 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 4. If not previously addressed, inquire about any circumstances that may indicate the
use of a drug to facilitate the sexual assault, such as whether the victim experienced
any loss of memory, disorientation, severe illness, hallucinations, or altered levels of
consciousness.
5. Obtain a detailed description of the victim’s alcohol and/or drug use during the time
frame of the assault.
6. Request the victim to have visible injuries re-photographed to document changes.

The goals of the follow-up interview are to:

1. Obtain a detailed account of the assault.
2. Allow the victim to describe what occurred.
3. Identify new information or developments and ask questions.
4. Clarify, in a non-threatening manner, any inconsistencies with earlier accounts of the
sexual assault.
5. Document the victim’s actions in response to the assault, the victim’s state of mind
during the assault, specific statements made by the perpetrator, and the nature of any
relationship with the suspect.
6. Obtain the following information:
a. What was the victim doing prior to the assault?
b. Was there any past relationship or contact with the suspect? If so, what was the
relationship?
c. How did the victim and suspect initially come into contact?
d. Who did the victim first tell about the assault?
e. Are there any witnesses who have information about the assault, the suspect, or
prior assaults?
f. How did the suspect enter and exit the crime scene?
g. What was the suspect’s demeanor?
h. Any significant or unusual gestures?
i. A more detailed suspect description, consider the appropriateness of a composite
sketch.

► Accents ► Body Hair ► Body Piercing

► Circumcision ► Clothing ► Colloquialisms
► Earrings ► Facial Hair ► Glasses (type)
► Gloves ► Items Carried ► Jewelry
► Masks ► Odors ► Scars
► Taste ► Tattoos ► Teeth

j. Was physical force used?

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 27

 k. Were any real or simulated weapons used?
l. Did the suspect use their body to restrain or intimidate the victim?
m. What was the physical positioning of the suspect in relation to the victim? Include
size and strength of suspect.
n. Were there circumstances that made the victim feel threatened?
o. Was the victim incapacitated?
p. If restraints were used, be specific about types and location.
q. Did the suspect bring anything, leave anything, or take anything from the scene?
r. Did the suspect touch or move anything?
s. Did the suspect take any pictures or videos?
t. Did the suspect show the victim any videos, photographs, or magazines?
u. Did the suspect use any objects during the assault?
v. Did the suspect move or transport the victim?
w. Did the suspect make any threats to the victim?
x. What specific language did the suspect use?
y. What were the specific acts committed or attempted, what was the order in which
they were committed or attempted, and how many times?
(1) Penile-vaginal intercourse
(2) Sodomy
(3) Oral copulation
(4) Digital penetration
(5) Other foreign object penetration
(6) Sexual contact other than penetration
z. Was a condom used, and if so, what type of condom, if known?
aa. Was the condom provided by the victim or suspect?
ab. Where was the used condom/wrapper discarded?
ac. Did the suspect have an erection or have difficulty maintaining an erection?
ad. Did the suspect ejaculate and, if so, where?
ae. Did the suspect wipe genitals with a tissue, sheet, or item of clothing?
af. Was there any post-assault contact with the suspect?

Additional considerations:
1. Assist the victim in developing a safety plan if concerns exist and encourage the victim
to call police if the suspect violates any existing criminal or court orders or if the suspect
contacts the victim in any way.

28 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 2. Provide an explanation of the status of the case.
3. Encourage the victim’s continued support in the investigation, apprising the victim of
future investigative and prosecutorial activities that will require multiple contacts.
4. Advise the victim that others may want to interview them about the assault and that they
have the right to decline or refuse.
5. Advise the victim to obtain clear identification of each individual contacting them
regarding the assault to help safeguard against unknowingly communicating with the
defense team. Advise the victim, if they decide to talk with a member of the defense
team, that law enforcement or the prosecutor may be willing to participate.
6. Reaffirm information on and continued use of victim services.
7. Review contact information for both the victim and investigator.

Guideline 14 | Pretext Telephone Call

Law enforcement should be familiar with the use of pretext telephone calls as an
investigative tool.
A pretext telephone call is a recorded telephone call between the victim and the suspect. The
purpose is to elicit incriminating statements from the suspect. A suspect will frequently talk to
the sexual assault victim about the incident if they believe the victim is alone, and no one is
listening. This is a particularly valuable investigative tool in cases where the suspect and victim
are acquainted.

Prior to Initiating a Pretext Telephone Call

At the conclusion of the follow-up interview and depending upon the details of the case, the
investigating officer should:
1. Evaluate whether a pretext phone call is appropriate.
2. Take into consideration the victim’s emotional and physical state. If the victim desires, a
victim advocate/counselor should be present whenever possible to offer support.
3. Obtain the proper recording equipment and decide where and how the call will take
place. Keep in mind that most individuals have caller ID.
4. Develop introductory themes the victim will use as lead-ins for specific questions posed
to the suspect.
5. Instruct the victim to ask specific questions about the force used and acts committed.
6. Prepare the victim on how to respond to possible questions/responses from the
suspect.
Note: It is probably more common for individuals to text one another than to call.
Consider the possibility of using text messages between the victim and suspect to
achieve the same goals.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 29

Refer to Appendix 11 for complete information on Pretext Telephone Calls/Pretext Texting/
Digital Social Media/Online Communications
Note: See Cal OES 2-923: Acute Adult/Adolescent Sexual Assault Exam

Guideline 15 | Witness Considerations

Law enforcement should be familiar with witness considerations.

Factors to Consider When Conducting Witness Interviews

When conducting witness interviews, the investigating officer should:
1. Determine the following:
a. Appropriate sequence for witness interviews
b. Source of each witness’s knowledge of the assault
c. Witness’s relationship to the victim and/or suspect
d. Developmental/functional level of the witness
e. Motivation of the witness
2. Separate witnesses to prevent contamination of statements.
3. Fully identify witnesses and obtain multiple contact locations and numbers, including
detailed family information.
4. Be aware of cultural differences.
5. Inform the witnesses about what to expect during the investigation.
6. Be aware of the potential for a variety of emotional and behavioral responses during the
interview.
7. Advise the witnesses of the potential for further contact with the officer.

Guideline 16 | Investigative Techniques

Law enforcement should be familiar with the proper investigative techniques and
available resources.

Further Investigative Activities

After the follow-up interviews, the officer should:
1. Conduct a thorough records check on the victim and witnesses, including but not limited
to:
a. Criminal history
b. Prior law enforcement contacts

30 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 c. Law enforcement and public databases
d. Other Internet databases including social media
2. Learn all relevant information to assess the facts, circumstances, and personality of the
suspect, such as the following:
a. Criminal history, prior convictions, and/or reports of uncharged acts
b. Information from other officers who know or who have previously investigated the
suspect
c. Probation records, parole status, and any psychiatric treatment reports, and/or
social media posts
d. Any information from/about family members, friends, neighbors, et cetera
3. Submit a request to the crime laboratory to process evidence such as DNA, biology,
trace, or toxicology.
4. Obtain any and all records to substantiate or refute the victim’s and the suspect’s
accounts of the events, for example:
a. Attendance records
b. Logs
c. Motel receipts
d. Payroll records
e. Video surveillance footage
f. Taxicab records
Check with the Department of Justice, Child Protection Program, to determine if suspect
has any other current or past investigations.
Note: See form number BCIA 4084

Guideline 17 | Interview and Interrogation Techniques

Law enforcement should be familiar with interview and interrogation techniques and all
applicable laws.

Prior to Contacting the Suspect

Prior to contacting the suspect, the investigating officer should:
1. Determine the suspect’s age and level of criminal sophistication.
2. Be cognizant of the possible defenses to the crime.
3. Determine whether the suspect is likely to deny any contact with the victim or claim that
the victim consented.
4. Determine if the suspect has access to the victim and/or crime scene (particularly when
or where the offense took place)?
GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 31
 5. Determine the suspect’s awareness of the investigation.
6. Determine if parallel investigations are ongoing and coordinate with those agencies, for
example: Child Protective Services, Adult Protective Services Campus Police, or other
administrative investigations.
7. Choose an appropriate time and place for the interview, as this has an impact on
whether:
a. The suspect feels free to leave
b. The suspect feels more versus less threatened
c. Miranda admonishments must be given to the suspect
8. Become familiar with all relevant background information on the suspect, assess the
facts, circumstances, and personality of the suspect through the following:
a. Criminal history, prior convictions, and/or reports of uncharged acts
b. Information from other officers who know or who have previously investigated the
suspect
c. Probation/parole status, any psychiatric treatment reports
d. Any information from/about family members, friends, and/or neighbors
e. Previous residences (possible prior offenses in other jurisdictions)
f. Previous relationships (ex-spouse or intimate partner)
g. Relevant medical records, if available
9. Determine if a forensic sexual assault examination should be conducted on the suspect.
10. A search warrant may be needed to collect any evidence from the body of the suspect
or clothing.
11. If the suspect voluntarily consents to such evidence collection procedures, provide
documentation of this in the police report.
12. Officers should be trained to collect buccal swabs (oral reference samples) from the
suspect for DNA profiling.
13. Evaluate the need for a search warrant on the suspect’s home, office, and/or vehicle.
Depending on the case, requests may include but are not limited to the following items:
a. Drugs
b. Evidence of deviant sexual behavior
c. Reference blood, buccal swabs, and hair (i.e., head and pubic)
d. Physical evidence (hairs, fibers, plant material)
e. Telephone, page, cell phone, and/or other electronic devices and their records
f. Computer hardware, software, imaging equipment, and computer-generated data,
files, or images including internet history (consult with computer forensic examiners)
g. Dental impressions, castings, and/or photographs for bite mark comparison
h. Evidence removed from the scene

32 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 i. Any items belonging to the victim
j. Suspect clothing described from crime report
k. Any other item to help corroborate the facts of the case
14. Arrange for equipment to record the interview. Ensure the equipment is functioning
properly.
15. Determine the best person to conduct the interview (male versus female, or
combination).
16. Determine best interview techniques.
17. Be familiar with the typology of rapists and the existence of sexual paraphilias.
Note: See Appendix 9: Sexual Paraphilias (Sexual Deviations), page 81
18. Interview multiple suspects separately. (Consider placing suspects alone together in a
recorded environment as an investigative tool.)

Contacting the Suspect

The investigating officer(s) should follow department procedures on identifying the
suspect, conducting the suspect interview, and collecting evidence from the suspect.
Additionally, the officer should:
1. Give Miranda or Beheler admonishments as appropriate during the course of the
interview.
2. Be familiar with appropriate interrogation techniques.
3. Begin the interrogation as an interview.
4. Allow the suspect to offer information.
5. Encourage the suspect to relate the incident in a narrative format.
6. Consider obtaining an uninterrupted oral or written statement for statement analysis.
7. Be cognizant of the fact offenders may manifest a blend of characteristics associated
with various personality disorders, or they may exhibit none of the characteristics at all.
Be prepared to change tactics during the course of the interview based on information
revealed.
Note: See Appendix 6: Criminal Personality Disorders and the Rapist, page 69
8. Determine the suspect’s state of mind before, during, and after the event.
9. Seek information about the suspect’s thought processes and emotions.
10. Monitor and note the demeanor of the suspect throughout the interview.
11. Consider preparing a photo display including the victim to counter consensual
acquaintance defense in stranger sexual assault cases.
12. Consider requesting the suspect to submit to a polygraph or voice stress analysis if
appropriate.
13. If the suspect confesses, consider having the suspect write an apology letter.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 33

 14. Attempt to corroborate or refute statements the suspect makes by evaluating the
following:
a. Statements by the victim
b. Statements by the witnesses
c. Suspect's explanation or presence of physical evidence
d. Prior criminal history
e. Prior complaints by victims/witnesses
f. Suspect's alibi
g. Suspect's relationship with the victim
15. Evaluate the need for a live or photographic lineup.

Guideline 18 | Forensic Examination

Law enforcement should be familiar with the protocols associated with suspect sexual
assault forensic examination.

Sexual Assault Suspect Forensic Examination

Protocols and forms have been developed to provide recommended methods for documenting
all injuries observed and collecting all biological samples from a sexual assault suspect.
The investigating officer should determine if a sexual assault forensic examination should be
conducted on the suspect. This may depend upon the:
1. Type of sexual assault involved.
2. Time-lapse between crime and contact with the suspect.
3. Injuries such as lacerations, bruises, bite marks may be visible for a longer period, and
identifying characteristics may be lasting.
4. Amount of force used (possible injuries to the suspect).
Note: For suspect medical forms, see Examination.pdf for Form 950 and instructions
CalEMA 2-950 (pdf)
The investigating officer should be familiar with the following:
1. If the suspect consents to the examination, the investigator should clearly document that
the suspect was advised of the right to decline any part of the examination.
2. If exigent circumstances can be articulated and destruction of evidence is imminent,
a search warrant may not be needed even if consent is refused. However, it is always
safest to obtain a search warrant.
3. A search may be conducted of the suspect’s body if done incident to an arrest.
4. The forensic examiner should collect and document the suspect’s pertinent medical

34 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 history, document all visible injuries, and collect biological and trace evidence from the
suspect’s body.
5. The investigating officer should be aware that any questions asked during the forensic
examination could be considered custodial interrogation and should consider if it is
appropriate to give Miranda admonishment to the suspect prior to the examination.
6. If the suspect invokes their right to remain silent, the examiner should bypass the
medical history portion of the examination and continue documenting any visible injury
and collecting the appropriate specimens.
7. Both the examiner and attending officer should be prepared to document any
spontaneous statements made by the suspect regardless of whether the suspect was in
custody and whether or not the suspect was given Miranda admonishments.

Guideline 19 | Report Documentation

Law enforcement should be familiar with the importance of preparing a well-
documented, professional report.

Report Writing Considerations

Any officer who interviews a victim, witness, or suspect, or whoever identifies evidence, or
processes a crime scene, should write a report detailing actions taken. Effectively documenting
a sexual assault case requires patience and attention to detail. When preparing the report, the
officer should incorporate the following techniques:
1. Summarize the evidence uncovered during the course of the investigation, including
findings and conclusions made by other members of the Sexual Assault Response
Team.
2. If applicable, attach a copy of the victim’s and the suspect’s forensic examinations.
3. Recreate the reality of the sexual assault from the victim’s perspective:
a. Preserve the exact words used by the victim. Do not sanitize the language.
b. Describe what the victim said they were thinking and feeling during the sexual
assault.
c. Be specific when describing the physical and emotional condition of the victim. Use
behavioral descriptions. Indicate the victim was tearful and trembling rather than
“upset.” Indicate that the victim’s shirt was torn and a shoe missing, rather than” the
victim’s clothing was disheveled.”
d. Document the entire context of force, threat, or fear.
e. Document the victim’s level of intoxication, drug use, and/or altered level of
consciousness.
f. Use the language of non-consensual sex and create accurate “word pictures.”
When describing the crime, use appropriate terminology. For example, the officer

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 35

 should indicate that, “the suspect forced the victim to put her mouth on his penis”
rather than “the victim kissed the suspect’s penis.”
4. Record witness statements:
a. Describe the witness' observations of the victim’s response to the sexual assault.
b. Describe the witness' proximity and the ability to recall or observe the event.
c. Attempt to corroborate the use of force, threat, or fear and any other facts
previously obtained.
d. Document even if a witness did not observe anything (negative results).
e. Document the witness' abilities to recall or observe the events.
5. Document exactly what the suspect said and did
a. Did the suspect’s alibi eliminate them as a suspect?
b. Did the suspect make incriminating statements?
6. Detail the forensic analysis ordered and results received.
7. Document other evidence in the case.
8. Do not include any personal opinions or conclusions.
9. Present the complete case file, including forensic results, as soon as available, to the
prosecuting attorney for review and work with the prosecutor’s office to develop the
case.

Guideline 20 | CODIS
Law enforcement should be familiar with additional investigative steps required for cold
hit or Combined DNA Index System (CODIS) sexual assault cases.

Combined DNA Index System (CODIS) Investigations

The investigating officer should take the following investigative steps when assigned to
a cold hit investigation:
1. Order crime reports, communication tapes/transcripts, crime scene photos, and medical
photos.
2. Locate original investigative files such as notes, photos, and crime scene logs.
3. Identify any statute of limitation issues.
4. Locate suspect and determine custody status. If out of custody, conduct threat
assessment.
5. Locate victim(s) and witnesses.
6. Verify what evidence exists; where is it and what analysis has been completed.
7. Review reports determining if any other comparable evidence exists and request
analysis.

36 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 8. Complete suspect's criminal history and identify other crimes the suspect may have
committed.
9. Prepare a search warrant for the suspect’s biological and trace reference samples.
10. Determine the possibility of a search warrant uncovering evidence of the crime from the
suspect’s home, office, or vehicle.
11. Determine if the interview should be conducted pre- or post-arrest.
12. Interview the victim to determine their willingness to prosecute.
13. If the suspect is in custody, identify location and arrange for a visit via prison request
letter.
14. Interview the suspect regarding the crime being investigated and/or any other crimes,
being cognizant of Miranda and Beheler admonitions.
15. Obtain reference samples and book into evidence.
16. Request DNA confirmation from serology criminalists.
17. Complete follow-up report detailing the status of the investigation.

Guideline 21 | Presenting the Case

Law enforcement should understand the procedures for presenting a sexual assault
case to the prosecuting attorney’s office for review and filing.
Conducting a sexual assault investigation does not end upon referring the case to the
prosecutor.
The officer/investigator should be prepared to:
1. Answer questions about the details of the case from the prosecutor
2. Coordinate a victim interview with the prosecutor and provide transportation if needed
3. Understand the prosecutorial responsibility regarding discovery issues
4. Respond to follow-up requests, as appropriate

Guideline 22 | Courtroom Testimony

Law enforcement should understand the dynamics associated with courtroom
testimony.

Prior to testifying, the officer/investigator should:

1. Request a meeting with the prosecutor to determine the scope of the testimony.
2. Obtain copies of all the pertinent reports and related documents, review them, and have
them available during testimony.
3. Prior to testifying detectives should read the “Juror Instruction” for every charge that is in
play for the trial.

GUIDELINES ON ADULT / ADOLESCENT SEXUAL ASSAULT INVESTIGATION 37

Guideline 23 | Supervisor’s Role
Law enforcement should be familiar with the role of the supervisor in handling sexual
assault cases.

Role of the Supervisor

Sexual assault investigations are like homicide investigations. Ideally, managers and
supervisors recognize this dynamic and strive to support the investigators with resources, being
mindful of fatigue, overwork, and stress, prevalent in all high-profile investigations.
Managers and supervisors should:
1. Demonstrate a detailed understanding of victim issues and the dynamics of sexual
assault investigations.
2. Understand these are complex and time-demanding cases often competing for limited
departmental resources.
3. Respond to assist officers investigating sexual assaults, if appropriate.
4. Clarify expectations of officers and investigators.
5. Assist in locating resources to assist officers in effectively investigating sexual assaults.
6. Be supportive of the sexual assault investigators’ need for ongoing, current training to
enhance their skills in evolving technologies and best practices.
7. Facilitate effective information sharing for present and future investigators who may
work on the same case (for example, cold case investigations). These factors will allow
investigators to work from the same foundation:
a. What they know (facts)
b. What they think they know (theories or conjectures)
c. What they would like to know (key issues requiring additional information/data)
8. Review reports ensuring they are thoroughly documented.
9. Encourage problem-solving partnerships to enhance cooperation between the
department and community organizations, such as rape crisis centers and forensic
examination programs, using a victim-centered approach.
10. Include victim services information regularly at roll call.
11. Work to increase interagency communication between law enforcement and
prosecutors.
12. Recognize and reward officers for rendering effective victim services.
13. Monitor investigators for personal and professional impact and provide appropriate
referrals.

38 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Appendix 1
Statutory Laws Pertaining to Sexual Assault

Part A: State and Federal Laws

California Penal Codes
Rape:
261(a)(1) Victim incapable of consent due to mental,
developmental, or physical disability
261(a)(2) By force, violence, duress, menace, or fear of injury
261(a)(3) By intoxicant
261(a)(4) Victim unconscious of nature of act
261(a)(5) By pretense of being victim’s spouse or significant other
261(a)(6) By threat of future retaliation
261(a)(7) By threat of public official authority
262 Spousal rape

Unlawful Sexual Intercourse:

261.5 Victim under 18 years old

Rape or Penetration in Concert:

264.1 Rape by force in concert
264.1 Penetration by foreign object in concert

Sodomy:
286(b)(1) Victim under 18 years old
286(b)(2) Victim under 16, defendant over 21
286(c)(1) Victim under 14, defendant more than 10 years older
286(c)(2) By force, violence, duress, menace
286(c)(3) By threat of future retaliation
286(d) By force, in concert
286(d) By threat of future retaliation, in concert

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 39

 286(e) In prison or jail
286(f) Victim unconscious of nature of act
286(g) Victim incapable of consent due to mental, developmental,
or physical disability
286(h) Victim incapable of consent due to mental, developmental,
or physical disability; both victim and defendant confined in
state hospital at time of incident
286(i) By intoxicant
286(j) By pretense of being victim’s spouse
286(k) By threat of public official authority

Oral Copulation:
287(b)(1) Victim under 18
287(2) Victim under 16, defendant over 21 years old
287(c)(1) Victim under 14, defendant more than 10 years older
287(c)(2)(A)-(C) By force, violence, duress, menace
287(c)(3) By threat of future retaliation
287(d)(1) In concert by force, violence, duress, menace, future
retaliation, incapable
287(d)(2) In concert – Victim under 14
287(d)(3) In concert – Victim 14 or over
287(e) In prison or jail
287(f) Victim unconscious of nature of act
287(g) Victim incapable of consent due to mental, developmental,
or physical disability
287(h) Victim incapable of consent due to mental, developmental,
or physical disability, victim, defendant in state hospital
287(i) By intoxicant
287(j) By pretense of being victim’s spouse
287(k) By threat of public official authority

40 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Crimes against the person involving sexual assault, and crimes against public decency
and good morals
288(a) Lewd and lascivious act on child under 14
288(b)(1) By force
288(b)(2) By force on dependent child
288(c)(1) Lewd and lascivious act on child aged 14 or 15
288(c)(2) Lewd and lascivious act on dependent child aged 14 or 15
288(i)(1) Personal infliction of GBI during 288 (7-Life)

Penetration by Foreign Object:

289(a)(1) By force, violence, duress, menace
289(a)(2) By threat of future retaliation
289(b) Victim incapable of consent due to mental, developmental,
or physical disability
289(c) Victim incapable of consent due to mental, developmental, or
physical disability; both victim and defendant confined in state
hospital at time of incident
289(d) Victim unconscious of nature of act
289(e) By intoxicant
289(f) By pretense of being victim’s spouse
289(g) By threat of public official authority
289(h) Victim under 18 years old
289(i) Victim under 16, defendant over 21 years old
289(j) Victim under 14, defendant at least 10 years older

Sexual Battery:
243.4(a) Victim unlawfully restrained
243.4(b) Victim institutionalized
243.4(c) Sexual battery by fraudulent representation
243.4(d) Sexual battery when victim is unlawfully restrained, made
to masturbate, or touch defendant/ third person

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 41

 Assault with Intent to Commit Sex Crime:
220 Intent to commit PC 203,261,262,264,264.1,286,287, or
289
220(b) PC 220 in the commission of a residential burglary

Related Definitions:
243.4(d)(2) Sexual battery definitions
243.4(e) Sexual battery definitions
243.4(f) Sexual battery definitions
261.6 Consent defined
261.7 Request for condom not consent
263 Penetration defined

Related Crimes:
136 Intimidation of witnesses
203 Mayhem
205 Aggravated mayhem
206 Torture
207/208(d)/209 Kidnapping for sexual purposes
236 False imprisonment
236.1 Human trafficking
266a Abduction or procurement by fraudulent inducement for
prostitution
266b Abduction to live in illicit relationship
266c Unlawful sexual activity; consent procured by fraud
266e Purchasing person for purposes of prostitution
266f Sale of person for immoral purpose
266h Pimping
266i Pandering
266j Procurement of minor for lewd and lascivious act

42 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 269 Aggravated sexual assault on a child under 14 years old, or
seven years younger
* Example: 24-year-old drives 14-year-old minor to have sex with his
26-year-old friend. Unlike pimping and pandering sections V does not need
to be engaging in prostitution*

273.4 Female genital mutilation

285 Incest *can be used if adult son is having sexual contact
with father stemming from prior sex abuse*
314 Indecent exposure
646.9 Stalking
653f(b) Solicitation to commit sexual assault

Enhancements for Sex Crimes

667(a) Five years for prior serious and current serious felony
667(a)(3) One year for felony conviction of willful harm or injury to a
child, involving female genital mutilation (PC 273.4)
667.5(a) Three years for prior prison term and current violent felony
667.5(b) One year for prior prison term
667.51 Five years for prior specified sex crimes
667.6(a) Five years for prior specified sex crimes
667.6(b) 10 years for prior specified sex crimes
667.61 “One Strike” for specified sex crimes committed under certain
circumstances
667.71 Life from habitual sex offender
667.72 25 years for habitual child molestation, no parole until
minimum 20 years
667.8 Nine years for kidnap for purpose of sexual assault, 15 years if
victim under age 14
667.9(a) One year for each serious crime committed against elderly,
children under age 14, persons who are blind, developmentally
disabled, paraplegic, or quadriplegic
667.9(b) Two years for each prior specified crime

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 43

 667.10 Two years for per prior PC 289 violation against one 65+
years, under age 14, and or
667.15(a) One year for exhibition of sexually explicit material (PC 311.11)
prior to or during commission or attempted commission of
PC 288
667.15(a) One year for exhibition of sexually explicit material (PC 311.11)
prior to or during commission or attempted commission of
PC 288.5
667.15(b) Two years for exhibition of sexually explicit material (PC
322.11) prior to or during commission or attempted
commission of PC 288.5
674 Two years for specified sex crimes by daycare provider
1170.1(h) Enhancements on forcible sex crimes imposed full term
12022.3(a) Three, four, or 10 years for use of firearm or deadly weapons
12022.3(b) One, two, or five years if armed with firearm or deadly weapon
12022.53 10 years for specified felony crimes w/ use of firearm
12022.75 Three years for administration of controlled substance
12022.8 Five years for great bodily injury (GBI) in specified sex crimes

Indeterminate Charges & Enhancements

209(a) Kidnapping for extortion, 7 – Life
209(b) Kidnapping for rape, oral cop., sodomy, 288, 289, 7 – Life
220(b) Assault for specific sex offense during residential burglary,
7 – Life
269 Aggravated sexual assault of a child, 15 – Life
288(i) GBI during 288, 7 – Life
288.7(a) Sodomy on child under 10, 25 – Life
288.7(b) Oral cop. or digital penetration on child under 10, 15 – Life
667.51 288 convictions with two or more priors, 15 – Life
667.61(a)(b) Aggravated sexual assault, 25 to life (a);15 to life (b)
667.71 Habitual sex offender, 25 – Life

44 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 12022.53 Personal use of firearm, 25 – Life (261, 262, 264.1, 209,
220, 286, 287, 288, 288.5, 289)

Probation Denials
1203.065 No probation for certain sex crimes
1203.066 No probation unless certain circumstances regarding child
victims of specified crimes

Related Laws re Sex Offenses

288.2 Harmful matter sent to a minor
288.3 Contacting minor to commit specific sexual offense
288.4 Contacting minor with sexual intent (no specific charge),
misdemeanor
288.5 Continuous sexual abuse of child under 14 (three or more acts)
288.7(a) Sodomy of child under 10 years, 25 to life
288.7(b) Oral cop or digital penetration of child under 10 years, 15 to life
311.11 Child porn
314 Indecent exposure (prior 288 conviction is a felony)
647.6 Annoying or molesting a child (second conviction or
qualifying 290 offense is felony)

Related Law re Sex Offenses

PC 647.3 Limitation on arrest upon person reporting HT, sex bat, or
serious felony
California Constitution Article I, section 28 – Marsy’s Law
(Victim’s Constitutional Rights)
264.2 Notification of counseling center for victims of sexual
assault
290 Registration of sex offenders
290 Registration regarding juvenile adjudication
291 Registration of out-of-state offenders while enrolled in CA
education
290 Mandatory reporting of employment information to DOJ
290.2 Blood/saliva for sex offenders

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 45

 290.4 Sex offender registration database
291 School employee/teacher arrest for sex offense: notice to
school officials
293 Confidentiality/disclosure requirements of victim’s identity
293.5 Identification of victim as Jane or John Doe
626.81 Entrance of sex offender into school or building grounds
637.4 Prohibition of polygraph/Computer Voice Stress Analysis
(CVSA)
653c Sexual abuser of elder or dependent adult must register with
facility before entering grounds of daycare or residential
facility
679.04 Right to advocate or support person
680 Sexual assault victims’ DNA Bill of Rights
784.7 Jurisdiction for more than one violation
800 – 803 Statute of limitations
868 Open v. closed courtroom
868.5 Victim’s right for support person in court
868.7 Closure of courtroom by prosecutor
1048 Calendar priority
1102.6 Attendance of crime victims during court hearings
1112 Prohibition of psychiatric exam for witnesses
1202.1 AIDS test for sex offenders
1524.1 Victim request for defendant AIDS test
3003 Geographic placement for sex offender on parole
3005 Parole supervision of sex offenders
3053.6 Sex offender parolees; order prohibiting contact or
communication with victim or victim’s family
11160 Mandatory reporting
13823 Medical exams of victims; consent and collection of evidence

46 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 Welfare and Institutions Code
6600 Commitment as sexually violent predator (SVP) for prior
juvenile adjudication
6601 No dismissal of SVP petition re unlawful custody/good faith
mistake

Evidence Code
782 Procedure for admissibility of sexual conduct of complaining
witness
1103(c) Evidence of victim’s sexual conduct with anyone other than
defendant inadmissible to prove consent
1108 Evidence of another sexual offense by defendant
1228 Admissibility of out-of-court statements by minor victims of
sexual abuse, 12 or under
1370 Hearsay exception where infliction or threat of physical injury

Federal Laws
18 U.S.C. 2261A Interstate stalking
22 U.S.C. 7101-7112 Act

Part B: Case Law Relating to Sex Crimes

Definitions and Related Case Law
Great Bodily Injury
Great bodily injury is defined as a “significant or substantial physical injury"
under PC §12022.7. There is no requirement that the injuries be prolonged or
permanent. Examples of great bodily injury in sex cases include:
1. Child with multiple contusions with swelling, discoloration, and pain. People
v. Jaramillo (1979) 98 Cal.App.3d 830;
2. Victim with multiple bruises, abrasions, and injury to neck and vaginal area.
People v. Escobar (1992) 3 Cal.4th 740;
3. Victim with severe bruising, swelling of the eye, and loss of consciousness.
People v. Muniz (1989) 213 Cal.App.3d 1508;
4. Victim who was a virgin and suffered genital tearing and pain. People v.
Williams (1981) 115 Cal.App.3d 446;

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 47

 5. Victim becoming pregnant with later abortion as result of sexual assault.
People v. Sargent (1978) 86 Cal.App.3d 148;
6. Victim contracting sexually transmitted disease (SDT). People v. Johnson
(1986) 181 Cal.App.3d 1137.

Force
Force refers to physical force that is substantially different from or greater than that
necessary to accomplish the act.
1. People v. Bolander (1994) 23 Cal.App.4th 155. Force can be found in
circumstances where the defendant physically manipulates the victim into
performing or acquiescing to an act. The following are examples of force:
a. The defendant picked up the victim, carried her to another location, and
proceeded to fondle her. People v. Cicero (1984) 157 Cal.App.3d 465.
b. The defendant manipulated the victim’s hand to fondle his genitals
and pushed the victim’s head during acts of oral copulation. People v.
Pitmon (1985) 170 Cal. App.3d 38.
Duress
Duress is defined as a direct or implied threat of force, violence, danger, hardship, or
retribution sufficient to coerce a reasonable person of ordinary susceptibilities to (1)
perform an act which otherwise would not have been performed, or (2) acquiesce in
an act to which one otherwise would not have submitted (Pitmon). In determining if
duress exists, the total circumstances, including the age of the victim and their
relationship to the defendant, are factors to be considered (Pitmon).

Kidnapping / Asportation
There are two different types of kidnapping: (1) simple kidnap; and (2) aggravate
kidnap (including kidnap for purpose of sex crimes). Each requires a different level of
asportation (or movement).
1. Simple kidnap (PC §207) is a less stringent standard that requires movement
for a substantial distance that is more than slight or trivial. People v. Daniels
(1993) 18 Cal.App.4th 1046. Same standard for kidnapping a person under-
age of 14. People v. Martinez (1999) 20 Cal.4th 225. [Note that Martinez also
held that, while the movement need be substantial in character, the trier of
fact may consider more than actual distance.]
2. Aggravated kidnap requires both conditions to be satisfied to find asportation:
2.1.1 The movement must be for a substantial distance and not merely
incidental to the commission of the sex crime. This element depends on
the scope and nature of the movement. Actual distance is a factor to be
considered but is not conclusive; and,
2.1.2 The movement must substantially increase the risk of harm to the
victim. This element includes consideration of such factors as the decreased

48 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 likelihood of detection, the danger inherent in the victim’s foreseeable
attempts to escape, and the attacker’s enhanced opportunity to commit
additional crimes.
3. People v. Dominguez (2006) 39 Cal.4th 1141. Movement of victim by
defendant 25 feet away and 10 to 12 feet below the level of the road was
sufficient evidence of asportation to support conviction of aggravated
kidnapping for rape, even though the victim was not taken to an enclosed
place.
The court noted that while measured distance is one factor to consider in
determining the asportation requirement, each case must be considered in
the totality of its circumstances.
4. People v. Aguilar (2d Dist 2004) 120 Cal.App.4th 1044. Kidnapping to
commit rape requires (1) the defendant to move the victim and the movement
must not be incidental to the rape, and (2) the movement must increase the
risk of harm to the victim over and above that necessarily present in the rape.
Citing People v. Shadden (2001) 93 Cal.App.4th 164 and People v. Rayford
(1994) 9 Cal.4th 1. People v. Rayford (1994) 9 Cal. 4th 1.
Note: See: PC §667.61 subdivisions (a), (d)(2)

Case Law Related to Rape

1. People v. Keovilayphone (3d Dist. 2005) 132 Cal.App.4th 491. Rape in
concert is a general intent crime. To be found guilty of rape in concert, a
defendant must act voluntarily with another person and commit the crime
of rape by force or violence against the will of the victim. A general intent
crime only requires the purpose or willingness to do an act or omission
(People v. Johnson (1998) 67 Cal.App.4th 67, 73).
2. People v. Griffin (2004) 33 Cal.4th 1015. The special definition of force
used in PC §288 (b)(1), forcible lewd acts on a child, does not apply to PC
§261 (a)(2), forcible rape. The use of the term force in the rape statute was
not intended to have any specialized legal definition different from common
usage of the term.
3. People v. Linwood (4th Dist. 2003) 105 Cal.App.4th 59. Statutory
offense of rape of intoxicated person, requiring in part that defendant
knew or “reasonably should have known” of victim’s intoxication, is not
unconstitutionally vague in violation of due process.
4. In re John Z. (2003) 29 Cal.4th 756; People v. Roundtree (1st Dist. 1999) 77
Cal.App.4th 846. Forcible rape, PC §261 (a)(2), can occur during consensual
intercourse if the victim withdraws the consent and the defendant forcibly
continues despite the withdrawal of consent.
5. People v. Quintana (1st Dist. 2001) 89 Cal.App.4th 1362. The degree of
penetration that constitutes rape, PC §263, which does not require vaginal
penetration, is the same as that required for forcible sexual penetration, PC
§289.
APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 49
 This may include contact with victim’s hymen, clitoris, and the other genitalia
inside the exterior of the labia majora.

Case Law Related to Consent

1. People v. Darcy (6th Dist. 2002) 102 Cal.App.4th 21. A defendant’s belief
that a victim did or would have consented to intercourse if conscious or any
alleged advanced consent is not a defense to rape of an unconscious person.
2. People v. Giardino (4th Dist. 2000) 82 Cal.App.4th 454. Actual consent
is irrelevant in a prosecution for rape by intoxication because the victim is
unable to give legal consent due to lack of capacity, or intoxication. It is not
necessary to instruct the jury on actual consent. An honest and reasonable,
but mistaken, belief that the victim consented to sexual intercourse is a
defense to rape by intoxication.

Case Law Related to Other Sexual Offenses

1. In re Shannon T. (3d Dist. 2006) 50 Cal.Rptr.3d 564. Touching an intimate
body part for the purpose of insulting, humiliating, or intimidating the victim is
sexual abuse and a violation of PC §243.4 (e), sexual battery.
2. People v. Ribera (5th Dist. 2005) 133 Cal.App.4th 81. Sodomy, PC §286,
does not require skin-to-skin contact between the victim and defendant.
Defendant violated PC §286 by penetrating the victim’s anus through her
underwear with his penis.
3. People v. Chavez (3d Dist. 2000) 84 Cal.App.4th 25. Sexual battery is a
specific intent crime that consists of touching an intimate part of another
against their will for the purpose of sexual arousal, gratification, or abuse.
4. People v. Wilcox (2d Dist. 1986) 177 Cal.App.3d 715. A finger is a “foreign
object” for purposes of PC §289, forcible acts of sexual penetration.

Sex Offenders
1. People v. Hofsheier (2006) 37 Cal.4th 1185. It is a violation of equal
protection to require mandatory lifetime registration for consensual oral
copulation with a minor, PC §288a (b).
a. (1), when registration is not required for unlawful sexual intercourse,
PC §261.5. A trial court has discretion to order lifetime registration to
any offender if the court finds that “the person committed the offense
as a result of sexual compulsion or for purposes of sexual gratification,”
pursuant to PC §290 (a)(2)(E).
2. In re Derrick B. (2006) 39 Cal.4th 535. Sexual battery is not a registerable
offense for juveniles pursuant to PC §290, it is only applicable to adults.
3. People v. Chan (2d Dist. 2005) 128 Cal.App.4th 408; People v. Barker
(2004) 34 Cal.4th 345. Forgetting to register and forgetting one’s exact

50 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 address when registering is not a defense to the mandatory registration
requirement.
4. People v. Vincelli (3d Dist. 2005) 132 Cal.App.4th 646. Using two names
or an alias is a violation of the registration requirement. Statute requiring
sex offender to register when they “changes his or her name” is not
unconstitutionally vague.
5. People v. Britt (2004) 32 Cal.4th 944. If a sex offender violates the
registration requirement by moving from one county to another without
registering in either county, the offenses should be joined in a single
proceeding in either county, and the two offenses cannot be separately
sentenced if they are part of one continuous transaction.
6. In re Alva (2004) 33 Cal.4th 254. Statutory requirement of mere registration
by one convicted of a sex-related crime is not a form of punishment and
cannot be terminated by a court as cruel and unusual punishment.
7. People v. Annin (1st Dist. 2004) 117 Cal.App.4th 591. Pursuant to PC §290
(f)(1), a sex offender has a duty to notify police of a change of address when
the offender moves. If the offender does not have a new address, they can
comply with the statute by notifying of a new “location,” a place where the
registrant who has no address can be found.
8. People v. Garcia (2001) 25 Cal.4th 744. In order to willfully violate PC §290,
the requirement to register as a sex offender, the defendant must have actual
knowledge of the requirement to register.
9. People v. Horn (4th Dist. 1998) 68 Cal.App.4th 408. A defendant must
register all residences in which he resides. If a defendant has a second
residence, he must also register that address.
10. People v. McClellan (1993) 6 Cal.4th 367. The duty to register as a sex
offender cannot be avoided through a plea agreement or judicial discretion.
Evidence
1. Davis v. Washington (2006) 126 S.Ct. 2266. Statements are not testimonial
if the primary purpose of an interrogation is to respond to an ongoing
emergency.
2. Crawford v. Washington (2004) 541.U.S.Ct. 36. Testimonial hearsay from
an unavailable declarant violates the Sixth Amendment right to confrontation
unless there is a prior opportunity for cross-examination.
3. People v. Ramirez (1st Dist. 2006) 50 Cal.Rptr.3d 110. Statements rape
victim made several hours after the rape should not have been admitted
under spontaneous declaration exception. Victim had time and ability to
deliberate her statements.
4. People v. Pierce (2d Dist. 2002) 104 Cal.App.4th 893. PC §220, assault with
intent to commit rape, is a “sexual offense” under Evidence Code (EC) §1108,
which permits the trier of fact to consider defendant’s prior sex offenses as

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 51

 propensity evidence. Even though the prior sex offense was a 23-year-old
rape conviction, the court found the relevance of the evidence outweighed its
remoteness.
5. People v. Branch (1st Dist. 2001) 91 Cal.App.4th 274. A 30-year-old prior
sexual offense was admissible pursuant to EC §1101 and §1108. No specific
time limits have been established for determining when an uncharged offense
is so remote as to be inadmissible. Significant similarities between the prior
and the charged offenses may balance out remoteness.
6. People v. Falsetta (2000) 21 Cal.4th 903, 917. In balancing admissibility
of prior sex offenses, a court must consider factors such as the “nature,
relevance, and possible remoteness, the degree of certainty of its
commission and the likelihood of confusing, misleading, or distracting the
jurors from the main inquiry, its similarity to the charged offense, its likely
prejudicial impact on the jurors, the burden on the defendant in defending
against the uncharged offense, and the availability of less prejudicial
alternatives to its outright admission.”
7. People v. Poplar (3d Dist. 1999) 70 Cal.App.4th 1129. Defendant’s past acts
of domestic violence were admissible in a rape prosecution pursuant to EC
§1109. The court held that rape is a higher level of domestic violence and that
PC §13700, which defines domestic violence, encompasses the definition of
rape.
8. People v. Raley (1992) 2 Cal.4th 870. A rape victim’s statements hours after
the attack were admitted under the spontaneous declaration exception. The
victim’s physical condition inhibited deliberation; she had suffered traumatic
injuries, was near death, and had been unconscious.
9. People v. Bledsoe (1984) 35 Cal.3d 236. Expert testimony that a
complaining witness suffers from rape trauma syndrome is not admissible to
prove that the witness was raped.

Sentencing
1. People v. Fuller (2d Dist. 2006) 135 Cal.App.4th 1336. A defendant was
sentenced to only one term under the One Strike law, PC §667.61, when
the defendant raped a victim two times in her bedroom and then once in her
living room within one hour. There was a close temporal and spatial proximity
between the three offenses, meeting the definition of “single occasion” as
defined by the California Supreme Court in People v. Jones (2001) 25 Cal.4th
98, 100-101, 107.
2. People v. Lopez (4th Dist. 2004) 119 Cal.App.4th 355. When a defendant is
convicted under both the one strike law and habitual sexual offender law, they
can be sentenced under both schemes and then the punishment under one
of the schemes should be stayed pursuant to PC §654.
3. People v. Mancebo (2002) 27 Cal.4th 117. A trial court cannot use unpled
allegations to impose one-strike sentences. To do so is a violation of pleading

52 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 provisions in the one strike law and a violation of defendant’s due process
rights. In order for one strike penalties to apply, the specific provisions under
PC §667.61 must be pled and proved.
4. People v. Jones (2001) 25 Cal.4th 98. Multiple sex offenses occur on a
single occasion if there was a close temporal and spatial proximity between
the offenses. “In the commission” of a sex offense means before, during, or
after the technical completion of the felonious sex act and continuing so long
as the defendant maintains control over the victim.
5. People v. Murphy (2001) 25 Cal.4th 136; People v. Acosta (2002) 29 Cal.4th
105. A defendant can be sentenced under both the three strikes law and the
habitual sexual offender law or the three strikes law and the one strike law
using the same prior sexual felonies.
6. People v. Tillman (1st Dist. 1999) 73 Cal.App.4th 771. Defendant’s prior rape
conviction could properly be used both to satisfy the element of the offense
of failing to register as a sex offender, and as a “strike” which augmented the
defendant’s sentence following his conviction for failing to register under the
three strikes law.
7. People v. Murphy (2d Dist. 1998) 65 Cal.App.4th 35. The one strike law,
PC §667.61, requires the trial court to impose one indeterminate life term per
victim per occasion when the defendant has been convicted of committing
violent sex offenses against different victims on different occasions.
8. People v. Senior (6th Dist. 1992) 3 Cal.App.4th 765. Multiple repeated sex
crimes have not been regarded as a single course of conduct under PC
§654, and it did not prohibit separate punishment for multiple acts of oral
copulation.
9. People v. Kirk (1st Dist. 1990) 217 Cal.App.3d 1488. Sentence
enhancements under PC §667.6 (c) can only be applied to a conviction
charged under PC §289, forcible acts of sexual penetration when the
fact finder determines the penetration of the genital or anal opening was
accomplished against the victim’s will by coercive means.
10. People v. Johnson (1st Dist. 1986) 181 Cal.App.3d 1137. In a prosecution
for kidnapping, rape, oral copulation, robbery, and false imprisonment, an
enhancement for great bodily injury, PC §12022.8, is proper where there is
substantial evidence defendant infected the victim with herpes.

APPENDIX 1: STATUTORY LAWS PERTAINING TO SEXUAL ASSAULT 53

Appendix 2: Victim Considerations
Dealing with Special Needs Victims

Uncooperative, Agitated Victims

1. Maintain a calm demeanor even if the victim’s effect escalates.
2. Determine why the victim is reporting the sexual assault and assess their willingness to
continue to participate in the process.
3. Clearly explain the reporting process, specifically addressing issues such as not using
information given in the report against the victim. This is especially important if the
victim is uncooperative due to being a known sex worker.
4. Many victims are agitated due to feeling self-blame and are anticipating being blamed
while reporting. Explain that sexual assault is not caused by engaging in high-risk
behavior. Being a sex worker, drinking excessively, a teen sneaking out to “date” a much
older man, going with a known drug dealer, gang member, or parolee to take drugs,
dancing/drinking/passing out at a fraternity party, et cetera, does not make the victim
responsible for the perpetrator’s behavior.
5. Explain the need to obtain certain information and the reasons for asking detailed
questions about the victim’s history and behaviors. This will aid in decreasing
defensiveness.
6. Allow time for the victim to begin to calm down. Ask basic, less challenging questions
first.
7. If the victim is becoming increasingly agitated, try to discern if a substance, trauma, or
other mental health issue (see below) is causing this. If there was alcohol or drug use,
the interview may have to be postponed.
8. Allowing time for the victim to receive brief crisis counseling with the counselor/
advocate, when appropriate, can help a victim calm down enough to proceed with the
interview and examination.

Victims with Mental Illness/Psychiatric Symptoms

1. Focus on the victim as a complete person.
2. Be patient and allow enough time for the victim to communicate.
3. If the content of the victim’s speech seems to be delusional, continue to respond without
validating the delusions.
4. Do not laugh at or make fun of the delusional content, appear shocked, or try to dismiss
or minimize the experience. Debating the reality of the delusions can increase agitation,
defensiveness, and symptoms of trauma.
5. If the victim appears to be responding to internal stimuli/hallucinations, do not try to
talk them out of it or say, “That is not real.” The feelings are very real to them. These

54 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 symptoms may be particularly pronounced after a recent sexual assault. A new trauma
can exacerbate existing mental health symptoms.
6. Although some of the victim’s thoughts or experiences are not based in reality, this
does not mean an assault did not occur. Perpetrators target people with mental illness
because they are often not believed when they report.
7. People with mental illness are not “out of reality” most of the time, only when symptoms
are active. Having symptoms of mental illness is not the same thing as “making up
stories” or “having a wild imagination.” Delusions and hallucinations are symptoms of
an illness. These symptoms do not make people with mental illness more prone to false
reporting than the rest of the general population.
8. If the victim has a support person accompanying them, resist the temptation to address
questions to the support person rather than the victim, or to speak about the victim as if
they are not there.
9. Know the difference between a mental illness/psychiatric diagnosis and developmental
disability. An adult with a mental illness has the life experience and IQ of an adult. Do
not refer/speak about or to them if they are children. Phrases like “mentally challenged,”
“slow,” or “mentally impaired” do not accurately describe people with mental illness or
developmental delays.

Victims with Disabilities

Victims with disabilities are a large group, which may include people with physical,
communicative, neuromuscular, developmental, cognitive, visual, medical, learning,
psychiatric, and other disabilities. This group is sexually assaulted at a rate two to ten times
greater than the general population. However, despite the higher assault rate, the reporting
is often low. The majority of people with disabilities are sexually assaulted by someone they
know, often a caregiver.
Law enforcement officers should be aware of the following factors:
1. Victims with disabilities are often not believed or not viewed as accurate historians.
2. They often live or spend time in controlled environments, such as day treatment
programs, group homes, institutions, or continue to live with family as adults.
3. They may be over or under medicated.
4. They often have caretakers that perform personal hygiene duties such as bathing,
toileting, and clothing.
5. They are often dependent on caretakers for medical needs, medication, transportation,
or other necessities.
6. There are myths that no one would want them, and they are not sexually attractive.
7. Some cannot physically get away or call for help.
8. They may lose privileges at a group home, institution, family home, or hospital if they
talk about abuse.

APPENDIX 2: VICTIM CONSIDERATIONS - DEALING WITH SPECIAL NEEDS VICTIMS 55

 9. They often receive no sex education or are seen as asexual which makes them more
vulnerable to perpetrator tactics and misinformation.
10. They are taught to be compliant.
11. They are taught to hug others.
12. They are infantilized and not given independent choices.
13. They are confused because forced or coerced sexual contact may feel good.
14. They are not viewed as good witnesses.
15. There is a myth that they are often perpetrators, or always act out in inappropriate
sexual ways.
16. Many see it as a compliment for a woman with a disability to date a non-disabled man.
17. Talk to the victim, not a support person or caregiver.
18. The victim is an adult. An officer should not call a child abuse center or child advocate
to respond to a case involving an adult with a disability.
19. It is best to disallow a caregiver to be in the room during an interview. They might be the
perpetrator, an acquaintance of the perpetrator, or otherwise present a subtle or overt
threat to the victim about telling the truth or naming the perpetrator.
20. Caregivers are often underpaid, lack training, and do not stay in these positions long
term, therefore, there are few thorough background checks completed.
21. Often perpetrators seek out these positions to have contact with vulnerable individuals.
22. Co-workers may be afraid of losing their jobs if they report the conduct or might think,
“No one would want to rape these people.”
23. Be aware of accommodations that might aid communication, American Sign Language
(ASL) interpreter, understanding (altering vocabulary used), or mobility (giving a victim
with visual impairments information about the layout of the room).
24. If a possible accommodation can be made, ask the victim’s permission before “helping.”
25. Most people (85%) with developmental delays are only mildly mentally retarded. Avoid
talking down to them or speaking to an adult like a child.
26. People with disabilities have the same right to confidentiality with the victim counselor/
advocate as other victims. The information will not be shared with a caregiver, parents,
social worker, guardians, et cetera.
27. The victim with a disability has the right to decide who is in the room during the forensic
examination.

Deaf Survivors
1. The deaf community is often like a small town – many people know one another. This
may mean that the victim might be concerned about confidentiality or privacy.
2. If the victim signs, always call for an ASL interpreter.
3. Do not use a partner, parent, friend, or the advocate/counselor as the ASL interpreter.

56 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

4. Make eye contact and speak to the victim directly, even if an ASL interpreter is present.
5. Use notes or lip reading until an interpreter is available, with the victim’s approval, but be
aware that not all deaf people read lips.
6. If communicating through lip reading, look at the person. Do not turn away mid-
sentence, eat, or cover your mouth. There is no need to speak loudly or exaggerate
annunciations.
7. Respect what is called “Deaf Culture.” People in the deaf community do not see
deafness as a disability. They have the right to refuse “treatments” for deafness such
as cochlear implants. They maintain their own social circles and would rather receive
services within the deaf community.
8. Isolation of deaf people within the hearing community may make reporting difficult.

Male Victims
1. Male victims experience the same types of traumas as female victims.
2. Most male victims are sexually assaulted by a male perpetrator.
3. Male victims may prefer to speak with a female officer, if available.
4. Male victims may hesitate to report or give full information about the crime due to
feelings of loss of traditional masculinity and homophobia.
5. Sexual assault of men is typically a crime of power and control and is usually not about
sexual orientation or attraction.
6. Do not assume that a male was sexually assaulted due to his sexual orientation,
perceived or real.
7. Some men are targeted for sexual assault as a hate crime due to real or perceived
sexual orientation, sexual behaviors, or gender identity.

Lesbian, Gay, Bisexual, and Transgender Victims

1. Be aware that sexual assault and intimate partner violence occur in the lesbian, gay,
bisexual, transgender, and queer communities.
2. Some communities may use terms such as “two-spirit,” “same-gender-loving,” or “men
who sleep with men,” as opposed to other terms. Echo the language used by the victim
if such labeling is necessary for the interview.
3. Avoid assuming heterosexuality. If a female victim refers to her “partner,” do not say,
“How long have you been with your boyfriend?”
4. Allow a partner or significant other to be in the room as a support person, under the
same guidelines as would be used for a heterosexual couple.
5. Assumptions about “masculine” and “feminine” roles and gender identity are often
misguided stereotypes that will not improve communication or trust with the victim. They
do not provide accurate information about behaviors.

APPENDIX 2: VICTIM CONSIDERATIONS - DEALING WITH SPECIAL NEEDS VICTIMS 57

 6. Victims of sexual assault/abuse in intimate relationships may be facing elements of
control not experienced by heterosexual victims of intimate partner assault such as:
a. Being ridiculed about their sexual orientation, while the batterer maintains that they
are not gay or lesbian.
b. Threatened with being “outed” to family, friends, a boss, co-workers, landlord,
religious leaders, et cetera - is an effective way of keeping people silent as
homophobic views could result in extremely negative consequences (i.e., loss of
relationships, loss of work/financial stability, loss of home, shame in the community,
and so forth).
c. Having either consensual sex or acts of sexual assault, with people of the same
sex, videotaped or otherwise threatened to be exposed.
d. The victim may have been told by the perpetrator, as part of the emotional and
psychological abuse, that police would never believe them because of sexual
orientation.

Victims Assaulted by a Spouse or Intimate Partner

1. Victims raped by their partner, lover, or spouse experience trauma just like other victims.
2. Domestic Violence (DV)/Intimate Partner Violence (IPV) usually includes some form of
sexual violence.
3. Sexual assault victims in an intimate relationship with, sharing a child with, living with, or
married to the perpetrator will often experience multiple sexual assaults throughout the
relationship. They may describe these very calmly as they have become commonplace.
4. Many victims of DV/IPV will not use the term rape or even sexual assault. They may
describe a time when they were violently beaten, dragged into the bedroom, then say,
“then we had sex” or “I just gave in to sex to try to calm them down,” and then continue
to describe more physical, emotional, and verbal abuse. More examination will be
needed to get information about the coercion and real threat of increased violence that
made this a sexual assault, not consensual sex.
5. Many victims are sexually assaulted in front of their children or “give in to sex” they do
not want because the perpetrator says that if they do not do it, they will just get one of
their children to do it. Be aware that they may be sexually abusing the children as well.
6. Many victims of DV/IPV will be ashamed, especially of the sexually abusive part of
the relationship and may leave information out while reporting. Perpetrators of sexual
assault/abuse in relationships make it a point to force the victim to cross their own
moral/ethical/physical codes for what is “right” or desirable to them sexually. Many
details of the sexual assault can be discerned by talking about the “grooming” process
used by the perpetrator to find out what the victim’s “sexual bottom-line” is (what they
will not do, think is disgusting, think is painful, et cetera). This can help the victim
talk about the most embarrassing parts of the sexual assault/abuse throughout the
relationship.

58 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Elderly Victims
1. Elderly victims do not report sexual assault as often as other types of abuse (i.e.,
fiduciary, physical, verbal, medical neglect, and so forth).
2. When one type of abuse is reported, it is important to directly ask about sexual abuse.
3. Because sex, or anything related to it, is more taboo in older generations, even using
the words might be very difficult. Give encouragement and time for the victim to
communicate.
4. Elderly victims are often not believed, even by family members, due to being seen as no
longer sexually attractive or active. Sexual assault of the elderly is typically about power
and control.
5. Medical or psychological problems do not make it more likely that an elder will make a
false report.
6. Elderly victims may be threatened with (or already fear) many things that keep them
silent including:
a. Being dependent on a caregiver/family member for care, medication, basic
assistance with housekeeping, and finances.
b. Potential loss of family support, living in their own home, or loss of independence.
c. Threat of being put in a nursing/convalescent home.
d. Fear of being seen as “crazy” or “losing one’s mind” because of disbelief when
abuse is reported.
e. Over or under-medicating them to make them confused or very sleepy so they
seem less mentally healthy or cannot report.
f. Caregivers may have very personal information about them and their family, do
“private” things for them (toileting, bathing), or have access to finances which can
be revealed to shame the elder.
g. Believing it is important to protect a family member at all costs, or that it would be
shameful to report a family member.
h. Fear that they will lose their place at a nursing home if they report staff.
i. Overt threats to say that they are “crazy” or diagnose them with dementia if they tell
anyone.

APPENDIX 2: VICTIM CONSIDERATIONS - DEALING WITH SPECIAL NEEDS VICTIMS 59

Appendix 3
Sexual Assault / Abuse Documentation Forms

Clothing Documentation – Addendum to Form 923

Obtain a complete history prior to evidence collection and documentation. Complete all
blanks. If not applicable, write N/A. When specific evidence is not required, write, “deferred.”
Document accurately. Write clearly and neatly.
Procedure for wet clothing: Items must be dry to preserve evidence. If clothing is wet, place
on a sheet of clean, unused, white paper and cover with another sheet of white paper.
Gently fold each article of clothing and place in a labeled, sealed paper bag. Give to the
officer. Advise that the clothing is wet.

Facsimile Inquiry for Child Abuse Central Index Check (CACI)

Check with the Department of Justice, Child Protection Program, to determine if the suspect
has any other current or past investigations.
Note: See Child Abuse Central Index (CACI) Search (pdf)

60 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 Addendum to OES Form 923
Clothing Documentation
Obtain a complete history prior to evidence collection and documentation. Complete all blanks.
If not applicable, write N/A. When specific evidence is not required, write, “deferred.” Document
accurately. Write clearly and neatly:
Procedure for wet clothing: Items must be dry to preserve evidence. If clothing is wet, place
on a clean sheet of unused white paper and cover it with another sheet of white paper. Gently
fold each article of clothing and place it in a labeled, sealed paper bag. Give it to the officer and
advise that the clothing is wet.

Patient arrived at the hospital wearing clothing worn during No Yes Unsure
the assault.   
Patient arrived at the hospital wearing clothing worn No Yes Unsure
immediately after the assault   
Patient brought clothing worn during assault, which was No Yes Unsure
collected by forensic examiner.   
Clothing worn at the time of the assault collected by law No Yes Unsure
enforcement prior to the arrival of the forensic examiner.   
Patient provided location of clothing worn at the time of No Yes Unsure
the assault and/or additional evidence. Law enforcement is
notified at _______ hours.   

No Yes Unsure
Clothing was collected by law enforcement.
  

In cases involving non-acute exams where clothing, bedding, or other evidence has been
identified and collected, a DNA reference sample must be collected from the patient.
Sample type:  Buccal Swab  Blood

Based on the patient’s history, note any areas that need to be evaluated by the Crime Lab and/
or investigating officer for foreign material, i.e., blood, tears, dry or moist secretions, stretched-
out material, and/or missing buttons.

APPENDIX 3: SEXUAL ASSAULT / ABUSE DOCUMENTATION FORMS 61

Clothing Description
Carefully describe clothing (with minimal handling), noting condition (clean, dirty, rips, tears,
stretched out, missing buttons, etc.) and any foreign material (grass, fiber, hair, twigs, soil,
splinters, glass, blood, dry or moist secretions, etc.) Focus on clothes worn closest to the
genitals or areas where the suspect’s mouth made contact, (breasts, or bra).

Bra

Shirt

Undershirt

Sweater

Jacket

Pants

Underwear

Socks
 One
 Two
Shoes
 One
 Two
Other

62 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Appendix 4
Physical Evidence for Submission to Criminalistics
Laboratory
Physical Evidence
These are general guidelines only; always check with your local Crime Lab.
Type of Alternate
Preferred Collection Packaging Storage
Evidence Collections
Contact DNA
Paper
worn items,
envelopes, bags,
ball cap, Collect entire object. Store in freezer
or cardboard
mask, clothing
boxes
eyeglasses
Moisten sterile swab
with distilled water Swabs should
Contact DNA Paper envelopes
and rub handled area, be air-dried
steering wheel, or cardboard
follow with one dry prior to storage,
weapon handle boxes
swab (i.e., grips of store in freezer
firearm).
Collect entire item. Do
not untie or cut knots. Pager bag or
Ligatures Store in freezer
Cut away from knots envelope
and mark.
Collect with forceps.
Consider indented
writing, latent
Document print processing, Avoid marking Room
Evidence possible source of evidence directly temperature
saliva (flaps), and
questions document
examination.

Photograph using L
scale, tripod, and level
plane parallel to print/
Shoe prints/tire Secure in a Room
track. Use oblique
tracks cardboard box temperature
lighting to ensure
capture of details, prior
to casting or gel lifting.

APPENDIX 4: PHYSICAL EVIDENCE FOR SUBMISSION TO CRIMINALISTICS LABORATORY 63

 Type of Alternate
Preferred Collection Packaging Storage
Evidence Collections
Use clean, disposable Secure in a
Firearms gloves. Unload prior to cardboard box; Room
consult FA Unit packaging. Consider treat swabs as temperature
swabbing gun grips. above.

Paper envelopes,
Use clean, disposable Ziploc baggies
gloves when handling. (if no biological Room
Cartridge cases
Do not mark items material temperature
directly. associated with
item)

Reference Samples
These are general guidelines only; always check with your local Crime Lab.
Type of Alternate
Preferred Collection Packaging Storage
Evidence Collection
Collect from subject Swabs should be
Buccal swabs
using 2-4 sterile Paper envelopes air-dried prior to
oral reference
swabs. storage

Blood Medical personnel. Paper envelopes Refrigerate

Hairs
Sampled by SANE/ Use clean Paper bindle and Room
head, facial,
SART personnel. tweezers. envelope temperature
body
Secondary
reference
Always package Items should be
samples
Clean, disposable in paper, air-dried prior to
toothbrush,
gloves. cardboard boxes, storage; store in
hairbrush, razor,
or envelopes freezer
any worn item of
clothing

Collection reminders:
1. Avoid talking, coughing, or sneezing over evidence. Always use clean, disposable
gloves and change in between sampling.
2. Consider additional protective equipment (masks, booties).
3. Handle evidence items as little as possible.

64 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 4. Consider using an alternate light source (ALS) or Wood’s lamp to assist in the location
of biological stains.
5. Each individual stain should be collected and packaged separately.
6. Do not expose items to heat or sunlight.
7. Maintain chain of evidence.
Note: If you have questions, please consult the Crime Lab, Medical Examiner,
and/or Coroner’s Office.

APPENDIX 4: PHYSICAL EVIDENCE FOR SUBMISSION TO CRIMINALISTICS LABORATORY 65

Appendix 5
Definitions of Anatomical Terms
Anus - Terminal opening of the alimentary canal, opening to the rectum, 4 cm in length, pain
sensitive, surrounded by the sphincter muscles
Anal verge - The tissue overlying the subcutaneous external anal sphincter at the most distal
portion of the anal canal and extending to the margin of the anal skin
Bart Olin’s glands - Two oval glands lying one to each side of the lower part of the vagina at 4
and 8 o’clock positions, which secrete lubricating mucus of a few drops
Bump - Small rounded projections, which may indicate where a septate bridge once attached
to an area of vaginal rugae, or a chronic inflammatory change
Cervix - Opening of cervix
Cervical os - V-shaped indentation, not extending to base of the hymen
Cleft - Small erectile organ at the anterior or ventral part of the vulva
Clitoris - Small erectile organ at the anterior or ventral part of the vulva, sole purpose is sexual
stimulation, homologous to the penis
Fimbriated - Uneven edges with small projections of the hymen
Fossa navicularis - Concave area immediately below the hymen, extending outward to the
posterior fourchette
Gluteal cleft - A naturally occurring groove between the buttocks
Hymen - Fine membranous tissue that partially or rarely completely covers the vaginal orifice
and separates the external genitalia from the vagina, located at the juncture of the vestibular
floor and vaginal canal (terms such as intact and virginal are not used today)
Hymenal shapes:
Annular: Ring shape 360 degrees
Crescentic: Half-moon, tissue extending from 1 to 11 o’clock
Cribriform: Multiple small openings
Fimbriated: Ruffled, redundant uneven tissue
Imperforate hymen - A condition in which the membrane has no opening and completely
occludes the vagina
Labia majora - Outer skin folds to the vagina, covered with pubic hair
Labia minora - Inner skin folds to the vagina
Midline sparing - White vascular linear area posterior to the hymen at 6 o’clock

66 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Mons pubis - Rounded eminence of fatty tissue on the pubic symphysis
Pectinate line - Anal papilla and columns interdigitate with anal verge tissue (where the
squamous cells meet columnar cells)
Penis - External male organ consisting of three parallel cylinders of erectile tissue that run
the length of the penis, which consists of the glans, prepuce, corona, shaft, and frenulum (the
average length of a non-erect penis is 8.5 to 10.5 cm, and the length of an erect penis average
is 16 to 19 cm with a diameter of 3.5 cm)
Perianal skin fold (rugae) - Wrinkles or folds of the anal verge skin, radiating from the anus,
which are created by the contraction of the external sphincter
Perineal body - Mass of tissue and fascia that separates the lower end of the vagina from the
rectum
Perineum - Region bounded by the vulva in front, by the buttocks behind, and laterally by the
medial side of the thighs.
Periurethral tissue - The immediate 360-degree area around the urethra, not including the
urethral meatus
Periurethral vestibular bands - Bands lateral to the urethra, connected to the vestibule wall,
support bands
Posterior fourchette - Area below the fossa navicularis, the point of fusion to the posterior
labia minora
Prepuce or foreskin - Fold of skin that covers the glans of the penis, circumcision is the
surgical removal of this skin
Prostate - Produces approximately 30% of the seminal fluid (the remaining 70% is produced by
the seminal vesicles), located directly below the bladder and surrounding the urethra
Rectal ampulla - The dilated portion of the rectum just proximal to the anal canal
Rectum - Terminal part of the intestine from the sigmoid flexure to the anus not sensitive to
pain
Rolled - Tissue folded over on itself either inwardly or outwardly of the hymen
Scalloped - Rounded series of half-circle tissue of the hymen
Scrotum - Thin loose sac of skin under the penis, which contains the testicles
Septate - Band of tissue crossing the vaginal orifice of the hymen
Skene’s glands - Drain into the urethra and near the urethral opening, located on the upper
wall of the vagina around the lower end of the urethra
Spermatozoa - Mature male sperm cells

APPENDIX 5: DEFINITIONS OF ANATOMICAL TERMS 67

Tag - Extra skin that usually develops after trauma or laceration
Testes - The male reproductive organs, which have two functions: produce hormones and
sperm
Thickened - Fatter and less elastic of the hymen
Transected - Torn, cut, or divided area of the hymen
Urethral meatus - Orifice for the urethra
Vagina - Tubular structure or canal extending from the hymen to the cervix
Vas deferens - The 16-inch tube that connects the epididymis to the urethra, this tube is cut
and sutured off during a vasectomy
Venous pooling - Dilatation and sometimes bulging of the veins around the anus (also called
venous engorgement)
Vestibule - Space between the labia minora, into which the urethra and vagina open
Vulva - Region of the external genital organs of the female

Reference:
Olshaker, J., Jackson, C., Smock, W., (2006). Forensic Emergency Medicine, Lippincott
Williams and Wilkins p. 119-222.

68 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Appendix 6
Definitions of Anatomical Terms
In addition to the Rapist Typology, various rapists have unique criminal personality disorders. To
further understand how and why these rapists commit the crimes they do, you must first identify
common characteristics and traits of these criminals, which in turn manifest themselves during
the commission of their crimes. Criminal personality disorders along with the Rapist Typology
can tell you what behavior you should be looking for when you are investigating these criminals.
These behavioral characteristics and traits can help develop a criminal’s personality profile, and
greatly enhance your interrogation strategy.
Many psychological disorders can affect individuals; however, this appendix focuses on five of
the most common disorders found in criminals: antisocial, narcissistic, psychopathic, paranoid,
and paraphilic. Be aware that these are not absolute categories. A rapist may display the
personality traits of one dominant disorder while also displaying one or two characteristics of
another disorder.
1. Definition: Personality Disorder
Everyone has a unique personality. Personality refers to the unique pattern of behavior,
perception, and emotion displayed by each individual. How a person reacts to their
environment and the people they interact with are called personality traits. People
with personality disorders display inflexible and maladaptive personality traits, which
impair their social or occupational functioning. Personality disorders are developed
in adolescence and continue through adulthood. The deceptive side of a personality
disorder is the facade of normalcy, unlike people with classic mental illnesses in which
there is a major distortion of reality (not in touch with reality and may not know right
from wrong).
2. Personality Disorders Common Among Criminals
a. Antisocial
(1) Lifelong history of misconduct, i.e., as children: truant, vandalism, fighting, as
adults: multiple relationships, failure to meet financial obligations, unable to
hold employment, indifference toward others, and has no qualms about lying
for gain or pleasure. Has little remorse about the pain and suffering that they
cause others.
(2) Predominant trait: egocentric.
(3) Other traits: cunning, habitual, “actor”, “macho”, egotistical, low frustration
level, experimenter, operator, no guilt.
b. Narcissistic
(1) Lives a life of fantasy about their success, beauty, and remarkable talent.
Narcissistic individuals are so self-focused that they look to others only
to further their own goals and are rarely attentive to the needs of others.
Narcissistic individuals believe that they are “special” and “unique” and can
only be understood by or associate with other “special” or “high status” people.

APPENDIX 6: RAPIST PERSONALITY DISORDERS 69

 (1) Predominant trait: self-absorbed.
(2) Other traits: self-entitlement, hypersensitive to criticism (real or perceived),
envious of others, feelings of worthlessness and subject to depression;
sense of entitlement. Their patterns of behavior are designed to extract
praise, admiration, and special considerations from others. Oftentimes
they exaggerate unrealistically about themselves; boastful, arrogant, and
rationalizing.
c. Psychopathic (combination of Antisocial and Narcissistic)
(1) Found in 1% of general population, 10%-25% of offender population, bold
and brazen, outbursts of anger, has little subjective distress, pathological
liar, separate emotion from language: What they say is not connected with
emotion (non-psychopaths do). There is a triggering event for his criminal
behavior. Post-offense behavior seems normal.
(2) Predominant trait: domination.
(3) Other traits: grandiose, forceful, sensation seeking, easily bored, callous,
impulsive, no guilt.
d. Paranoid
(1) Shuns close relationships. Convinced that others intend harm.
(2) Other traits: expects to be hurt, hyper-vigilant to criticism, feels threatened
(whether real or perceived), watchful and quick to react to perceived threat,
brooding, finds difficulty to forgive, lacks sense of humor, attempts to control
environment perceiving it as a threat, tends to be provocative, quarrelsome,
abrasive, and resistive to external authority and control.
e. Paraphilic
(1) Recurrent and intense sexual urges and sexually arousing fantasies in
response to sexual objects, situations, and non-consenting partners.
(2) Predominant trait: feels right while doing it, yet understands the
inappropriateness.
(3) Other traits: fetishism, pedophilia, exhibitionism, voyeurism, and sadism.
3. Limitations with Respect to Personality Disorders
a. Not mutually exclusive, but there is commonly a predominant personality disorder.
Range in the level of severity. Disorders, standing alone, are not the cause of
criminal behavior. They are found in non-criminal and non-violent populations. The
disorders are not limited to just the criminal behaviors in which they engage but
are found in all aspects of their lives (i.e., social, sexual, and range in severity). Are
more pronounced at times of stress.
4. Application
a. Pre-offense rehearsal
(1) Fantasy

70 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 (2) Planning
(3) Victim selection
b. Crime itself
(1) Interaction with victim
(2) Elements of fantasy
(a) Organized or disorganized
c. Post-offense behavior
(1) Reaction to crime/punishment
(2) Cover up
(3) Destruction of evidence
(4) Repeat criminal behavior
(5) Emotional reaction
(6) Trophies, souvenirs
d. Victim/witness
(1) Interview to determine pre-offense, crime itself, post-offense
e. Suspect interrogation
(1) Behaviors associated with the personality disorders may become evident
throughout the interview. If not addressed or understood by investigators it
could have a negative impact on the outcome.
Reference:
Gary Lowe, LCSW
Professor- Criminal Justice
California State University, Sacramento

APPENDIX 6: RAPIST PERSONALITY DISORDERS 71

Appendix 7
FBI Rapist Classifications
Rapist Classifications for Profiling
1. Power Reassurance Rapist (Gentleman Rapist)
a. Eighty-one percent of all rapists
b. Motive/Purpose - To resolve self-doubts by reassuring himself of his masculinity
with no real intent to harm his victim
c. Modus Operandi (M.O.) - “Surprise” approach with force
(1) Strikes between midnight and 5:00 a.m., usually at victim’s residence
(2) Selects through stalking
(3) Victim alone or with small children
(4) Minimum force necessary for control
(5) If resisted, will generally negotiate, threaten, desist, or flee
(6) Uses little or no profanity
(7) Often demands personal verbal activity from victim - i.e., their desire or love
for him
(8) Will do whatever the victim allows him to do
(9) Attacks in his own residential or work area
(10) Usually travels on foot
(11) Unselfish verbally, physically, sexually
(12) Covers his victim’s face or asks them not to look at him
(13) Slight increase in aggression with increased attacks
(14) Frequently displays a weapon
(15) If they have sexual dysfunction, usually premature ejaculation, or impotency
(erectile insufficiency)
(16) Victim in same age bracket (plus or minus three years)
(17) Assault done in a short period of time
(18) Usually, single assault
(19) Consistent pattern of attacks (7-15 days)
(20) Continues assaults until incapacitated
(21) May call victim before or after assault
(22) He believes that victim enjoyed experience
(23) Will ask the victim to remove their own clothing

72 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 (24) May expose only the body parts they assault
(25) Likely to apologize after the attack
(26) Often takes souvenir
(27) May keep journal or diary of assaults
(28) Victim is generally of the same race
(29) Kissing, fondling, and/or digital penetration of victim is common
d. Characteristics of Power Reassurance Rapist
(1) Inadequate personality
(2) Gentle, quiet, passive
(3) Single
(4) Previous criminal involvement includes peeping activities, fetish burglaries,
breaking and entering
(5) Nuisance offenses
(6) Underachiever
(7) Collects soft adult pornography
(8) If veteran, received a general discharge
(9) Non-competitive
(10) Lives near victims
(11) Resides with parents or alone
(12) Mother very domineering
(13) Loner with few friends
(14) Frequents adult bookstores/movies
(15) Self-concept as a loser
(16) Employment with little or no contact with the public
e. Approach to Interviewing Power Reassurance Rapist
(1) Interview with empathetic counseling technique
(2) Non-police setting
(3) Non-police appearance
(4) Evening hours

2. Power Assertive Rapist

(1) Twelve percent of all rapists
(2) Motive/Purpose - expressing their virility, dominance, superiority; they are
“entitled”, e.g., will rape after two or three dates
(3) M.O.

APPENDIX 7: FBI RAPIST CLASSIFICATIONS 73

 (a) Attacks between 7:00 p.m. to 1:00 a.m.
(b) Usually attacks some distance from where they live or work
(4) Usually, victim of opportunity but may meet at bar or date one to two times
(5) If armed, has a weapon of choice
(6) If resisted, will hit, slap, curse until they get what they want
(7) Likely to tear clothes
(8) Assaults are usually between 20-25 days
(9) No contact with victim will be maintained
(10) Anal assault likely
(11) If sexually dysfunctional, will exhibit retarded ejaculation with wife or girlfriend
as well as victim
(12) Approach is direct and overpowering
(13) Multiple assaults on victim
(14) Makes little or no attempt to disguise appearance
(15) Selfish verbally, physically, sexually
a. Characteristics of Power Assertive Rapist
(1) Very body-conscious, macho, athletic-minded, active
(2) Problems in high school
(3) Does not like authority
(4) If veteran, was administratively terminated from ground forces
(5) No mental health case history unless court ordered
(6) Multiple marriages with history of unfaithfulness, domination, spousal abuse
(7) Primary concern is his image
(8) If criminal record, will be for crimes against property, domestic disturbances
(9) Uses, but not necessarily abuses, alcohol, drugs
(10) Father probably acted same way towards his mother
(11) Socially projects macho image and frequents single bars
(12) Drives a flashy car as defined by the region where the suspect lives
(13) Very self-centered, cannot stand criticism
b. Approach to Interviewing Power Assertive Rapist
(1) Press and attack
(2) Expects respect
(3) Do not demonstrate disrespect

74 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

3. Anger Retaliatory Rapist
a. Five percent of all rapists
b. Motive/Purpose - To punish and degrade women - get even using
sex as weapon for real or perceived injustices to him by women
c. M.O.
(1) “Blitz” style attack
(2) Occurs in own area
(3) Spends short time with victim
(4) Selects victim of same age or older
(5) Tears clothing off victim
(6) Episodic assaults - precipitated by something in life involving a domestic
partner but will not assault the partner
(7) If sexually dysfunctional, will suffer from retarded ejaculation
(8) Likely to beat the victim before, during, after the assault
(9) Favors anal intercourse followed by oral copulation (fellatio)
(10) Great deal of directed profanity
(11) Ejaculates on victim’s face
(12) Spontaneous - attacks anytime
(13) Typically, does not kill but may
(14) If the victim dies, may defecate on the victim
d. Characteristics of Anger Retaliatory Rapist
(1) Conflicted marriage has affairs
(2) If history of mental care, done so by court order, likely stemming from
domestic abuse
(3) Quick violent temper
(4) If an arrest history, will be for disorderly conduct crimes
(5) Alcohol abuse
(6) Involved in highly competitive sports
(7) Pornography is not a factor
(8) Socially a loner - will not drink with groups
(9) Superficial relationships with people
(10) Action-oriented job to help work off aggression, i.e., laborer construction
worker
(11) No specific type of car
(12) High school dropout

APPENDIX 7: FBI RAPIST CLASSIFICATIONS 75

 (13) Will feel some guilt, but will attack again, six months to one year
e. Approach to Interviewing Anger Retaliatory Rapist
(1) Start with non-hostile business approach then increase pressure
(2) May start with female interview partner, then have her leave

4. Anger Excitation Rapist (Sadist)

a. Three - five percent of all rapists
b. Motive/Purpose - To inflict physical/emotional pain on the victim; aggression is
eroticized
c. M.O.
(1) Most thought-out and premeditated of all perpetrators
(2) Uses a situation-determined con
(3) Once victim is under his control, dramatically changes
(4) Immobilizes via the use of blindfold, gag, handcuffs, etc.
(5) Victims are strangers
(6) Crime committed long distance from his home or job
(7) Has a weapon with them, may have a rape kit (gloves, tape, rope, etc.) a van
(to provide privacy for his assault)
(8) May have pre-selected private or remote location where they commit the
assault
(9) Sexual acts may be excessive, experimental in nature, or pseudo-sexual acts
of torture
(10) Selfish behavior
(11) May blindfold victim and describe what they are doing to victim in detail
(12) May use Polaroids, tape recorders, to record acts
(13) May employ ritualistic techniques
(14) May change patterns as they learn from experience
(15) May search for victims by cruising
(16) May select symbolic victims
(17) No remorse
(18) Victims’ age may vary
(19) Episodic attacks depend on reactions of victim
(20) Dysfunction will be retarded ejaculation
(21) Likely to cut or tear clothes off
(22) Commanding and degrading language, impersonal during the assault

76 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 d. Characteristics of Anger-Excitation Rapist
(1) No mental health care history
(2) Likely collects bondage, S & M, discipline pornography
(3) Collects and reads detective magazines
(4) May collect Nazi paraphernalia
(5) Above average I.Q.
(6) Very often college-educated
(7) Uses, but not abuses, marijuana, cocaine
(8) No arrest records
(9) Usually in '30s, family man
(10) Compulsive - if military background, did well
(11) Difficult to apprehend
(12) Car is clean and well maintained
(13) Middle-class, white-collar job
(14) Extremely meticulous
e. Approach to Interviewing Anger-Excitation Rapist
(1) Dependent on variables
(2) Thinks they are more intelligent, knowledgeable than the investigator
(3) Allow the suspect to control the interview

5. Opportunist Rapist
a. Unknown percentage of all rapists
b. Sexual assault for sexual gratification
c. Burglarizes homes, robs a convenience store, finds women who appeal to them
and does not appear ready to violently resist, so they rape
d. Probable use of drugs and/or alcohol just before to lower inhibitions
e. Rapes only once
f. Usually does not hurt victim physically
Note: Rape is often connected with other crimes (little or no premeditation).

APPENDIX 7: FBI RAPIST CLASSIFICATIONS 77

Appendix 8
Interview and Interrogation Strategies

General Tactics
1. The purpose of the interrogation is to elicit as much information as possible from the
suspect.
2. Plan the interrogation. Design the interrogation team around the suspect rather than
around the investigators.
3. Choose questions carefully. The more you question the suspect, the more you “teach”
them about your case.
4. At times, male/female interrogator roles may change to fit the personality type of the
offender or to meet the suspect’s needs in the interrogation.
5. Practice facial expressions and body movements so that you can give suspects non-
verbal communication of acceptance, or that you are unhappy with them if they lie to
you.
6. “Building rapport” does not mean you have to tell the suspect they are normal or that
you understand how they feel. It is making the suspect feel they can confess without
being judged or rejected.

Psychopathic/Antisocial
1. THEME: “What’s mine is mine, what’s yours is mine.”
2. If the suspect is previously unaware of being the target of the investigation, a
premature approach by the authorities could drive them into more discreet activities,
thus complicating the investigation.
3. Interrogating this type of suspect should be done by an experienced interrogator. These
are very difficult interrogations. The interrogator should have knowledge of sadistic
behavior and related methods of committing crimes.
4. Present a professional command presence, should be in a suit or uniform.
5. Address the suspect with a respectful title (at least initially).
6. Allow them to take center stage by asking open-ended questions and letting them do
most of the talking.
7. These suspects generally have above-average intelligence and are cunning. They may
attempt to deceive the investigator and manipulate the interrogation. They may show
emotions that are not real.
8. Be aware that they are not affected by being caught in a lie or an obvious distortion.
They will disregard/ignore it and are not bothered by it.

78 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 9. They may attempt to shock or offend you with what they say or show you as a way of
disrupting or controlling your interrogation.
10. Show respect for their intelligence; act as if you are learning from them; you are
generally curious about how they committed the crime.
11. Bluff with caution, if at all. However, when confronted with an apparently overwhelming
body of evidence they may bargain/deal to minimize punishment.
12. Allow them to confess in the third person.
13. Be aware that psychopaths may convince you that they did not commit the crime.

Narcissistic
1. THEME: “Look at me.”
2. Present a professional command presence, should be in a suit or uniform.
3. Address the suspect with a respectful title (at least initially).
4. They expect you to recognize their superior qualities.
5. Begin by telling them you want to hear their side of the story because you want them to
perceive that you are having a hard time believing that a person of their status would
be involved in something like this.
6. Make comments that mean you understand rather than merely nodding your head.
7. Positively reinforce them for their participation:
a. The information provided will tend to make them look better
b. They are unable to see things from any perspective other than their own
c. Do not expect any empathy or concern for the victim, interviewer, or investigation
d. Actions or behavior displayed during the interview will be self-serving (e.g., tears,
emotional eruptions, etc.)
e. They are extremely sensitive to criticism and personal attack (real or perceived)
8. Review information from the interrogation and ask for the suspect’s analysis as if he
were the investigator; avoid accusations and debate

Paranoid
1. THEME: “It’s not my fault. I’m the victim.”
2. Without compromising officer safety, remove from your clothing items that may signify
authority before conducting the interrogation, such as gun, badge, etc. In short, loosen
your tie and lose your uniform authority image.
3. If possible, conduct interrogation in a formal, sterile environment
a. Use interrogation room free of outside noises and disturbances
b. Be aware of physical setup of room.

APPENDIX 8: INTERVIEW AND INTERROGATION STRATEGIES 79

 c. Offers of hospitality may be viewed suspiciously
4. Create an environment that is candid and open, yet formal. They truly believe they
have been greatly wronged. Use non-threatening posture/body language, maintain
physical distance. Use of humor is viewed as a weakness. Inter-personal relationships
are not important; therefore, development of rapport will be limited.
5. Give them an opportunity to vent about the situation but don’t try to change their
beliefs.
6. Make comments that mean you understand rather than merely nodding your head.
7. Keep interrogation focused on facts and circumstances of the crime at hand.

Paraphilic
1. THEME: “I know it’s wrong, but it feels good.”
2. Interviewer must be very comfortable with aberrant sexual behaviors.
3. Some suspects will respond better to one gender than another-check interview history.
4. They tend not to believe anyone can understand how they feel-focus on post-offense
remorse and guilt.
5. Recognize that these behaviors are long-term and the suspect will very likely engage in
several of them.
6. Deviant behaviors accumulate and are not discarded.
7. Minimize the offense as a technical violation of the law, attach no moral judgment to it.
8. Use a soothing and reassuring voice and refer to suspects by their first names.
9. Stay away from harsh terminology (e.g., pervert, Chester, molester, etc.)
10. Make them think you will not reject them no matter what they tell you. (Note: This must
appear very genuine and not contrived.)
11. Never show doubt as to the events being investigated or in what your scene or victim
has told you.
12. Let the suspect know that the “system failed” them and convey that you understand
their struggle.
13. Remember that this type of suspect can compartmentalize their criminal behavior and
appear normal. This type of suspect may try to keep the interviewer out of his criminal
compartment to protect the “normal” façade.

80 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Appendix 9
Sexual Paraphilias (Sexual Deviations)

Definition
Paraphilias - Receiving sexual arousal or gratification in response to objects, situations,
and/or non-consenting partners

Behaviors
Sexual paraphilias are commonly referred to as “sexual deviations.” The essential feature
of a paraphiliac disorder is reoccurring sexual urges and sexually arousing fantasies and
behaviors generally involving:
1. Non-human objects,
2. The suffering or humiliation of oneself or one’s partner (not merely simulated), or
3. Children or other non-consenting partners.
For some individuals with a paraphilia, the paraphiliac fantasies or stimuli may always
be necessary for erotic arousal and are always included in the individual’s sexual activity
(including criminal activity).
In others, it occurs only episodically, i.e., during periods of stress. At other times, the
person can function sexually without the paraphiliac fantasy or stimuli. In some instances,
paraphiliac behavior may become the major sexual activity in the person’s life.
It is commonly accepted that when an individual is identified as having one paraphilia, there
are at least one or more additional paraphilias. These individuals rarely seek treatment
on their own; usually, they come to the attention of mental health professionals only when
their behavior has brought them into conflict with sexual partners or society, i.e., they are
arrested for criminal behavior.

Criminal Conduct
The following is a comparison of the recognized sexual paraphilias to criminal
conduct:

Paraphilia Criminal Conduct

Coprophilia – Feces False imprisonment, assault.
Exhibitionism – The exposure of one’s
Indecent exposure, disorderly (lewd) conduct.
genitals to a stranger

APPENDIX 9: SEXUAL PARAPHILIAS (SEXUAL DEVIATIONS) 81

 Paraphilia Criminal Conduct
Fetishism – Nonliving objects (fetishes);.
the individual frequently masturbates while
Burglary, theft, rape.
holding, rubbing, smelling the object or asks
his partner to wear the object.
Frotteurism – Touching or rubbing against a
Assault, battery, sexual battery
non-consenting (or unknowing) partner.
Hypoxyphilia (Kotzwarraism) – Producing
sexual excitement by mechanical or chemical Accidental death, involuntary manslaughter
asphyxiation (hypoxia).
Infibulation – Cutting, alteration, branding,
Assault with a deadly weapon, kidnapping,
infusion of the genitals (one’s own or
sexual battery, mayhem
another’s).
Klismaphilia – Enemas Penetration by foreign object
Masochism – The person is aroused
by being humiliated, beaten, bound, or Disorderly conduct; prostitution
otherwise made to suffer.
Necrophilia – Sexual arousal with corpses. Burglary, unauthorized mutilation, theft
Partialism – Exclusive focus on part of a Sexual battery, assault, assault with a deadly
body (living). weapon
Rape, lewd, or lascivious acts with a child,
Pedophilia – Sexual attraction to another oral copulation, penetration by foreign
who is legally a child (prepubescent child). object, sodomy, annoying children, child
pornography, kidnapping.
Assault with a deadly weapon, sexual
Piquerism – Piercing of the body
battery, mayhem, tattooing
Sadism – Receiving sexual arousal or Rape, oral copulation, sodomy, penetration
gratification in response to another’s by foreign object, assault with a deadly
suffering (physical or psychological). weapon, kidnapping, murder.
Telephone Scatologia – Talking lewdly on
Obscene phone calls
the telephone, usually to strangers.
Transvestic Fetishism – Cross-dressing, Disorderly conduct, prostitution, theft,
wearing the clothing of the opposite sex. burglary, robbery.
Urophilia – Urine. Assault, false imprisonment
Voyeurism – Observing unsuspecting
people who are naked or engaging in sexual Disorderly conduct; peeping, prowling.
activity.
Zoophilia – Animals Sexually assaulting an animal.

Any or all the paraphilias may be exhibited by an offender during a sexual assault of a victim
(adult or child).
Prepared by Mike Prodan, Special Agent Supervisor, California Department of Justice

82 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Appendix 10
Pretext Telephone Call/Pretext Texting/Digital Social
Media/Online Communications
The pretext phone call is an investigative tool that can be used in a wide range of criminal
investigations. It is especially useful in sexual assault and child abuse investigations. In the
context of a law enforcement investigation, a pretext phone call is a recorded conversation
facilitated by law enforcement with the objective of ascertaining the truth regarding an
allegation. Generally speaking, the call is made by the victim to the suspect under the
supervision of a law enforcement officer. However, there are circumstances in which it is not
optimal or practical to have the victim place the call. Therefore, the call can be made to the
suspect by a third party.
Although the planning of conducting pretext communication may vary depending on what form
of media is being used, the process of conducting the actual communication remains the same.
● The communication is usually initiated by the victim to the suspect under the
supervision of, and with, a law enforcement officer in a controlled environment.
● The suspect is unaware the communication is being recorded. It is optimal to have the
communication occur via a telephone call due to the fact we can record the suspect’s
own words and voice which is less ambiguous with respect to identifying whom the
victim was communicating with, and it’s more easily recorded. However, pretext
communication can occur via texts, email, social media platforms, or instant messaging
programs.

Statutory Law for Pretext Calls

A. 632 PC: Prohibits eavesdropping, interception, or recording of “confidential
communications” unless all parties to conversation consent.
B. 633 PC: Law enforcement officers or any person acting at the direction of a law
enforcement officer who is acting within the scope of their authority, can record any
communication that they could lawfully overhear or record.
1. Note the language: 633 PC states “law enforcement,” not “peace officer” (i.e., 830
PC), and it specifically names the included officials:
a. AG, Deputy AGs, AG Investigators, DAs, Deputy DAs, DA Investigators,
CHP, Sheriffs, Deputy Sheriffs, Police Chiefs, Police Officers, CDCR Special
Agents (assigned to OIA only), or any person acting pursuant to the direction
of any of these officers
b. Therefore, peace officers under 830.35, 830.36, 830.37, 830.38, etc., may
not be protected under this section unless directed by any of the above
listed officers (e.g., your local DA). Check with your local prosecutor before
conducting pretext calls on your own

APPENDIX 10: PRETEXT TELEPHONE CALL/PRETEXT TEXTING/DIGITAL SOCIAL MEDIA/ONLINE COMMUNICATIONS 83

 C. 633.02 PC allows any POST-certified university or college peace officer to overhear
or record any communication in any criminal investigation related to sexual assault or
other sexual offenses.
D. 633.5 PC: It is not a crime for a party in communication to record that communication
for the purpose of obtaining evidence reasonably believed to relate to the commission
by another party to the communication of the crime of extortion, kidnapping, bribery,
and any felony involving violence against the person including but not limited to human
trafficking, domestic violence or violation of 653m PC.
E. Out-of-State Pretext Calls
1. If the crime alleged occurred in California and the pretext call is made from
California at the direction of an officer described in PC633 to a subject in another
state, the recording is admissible regardless of what state the subject of the call is
in when the recording is made. (People v. Clark (2016) 63 Cal.4th 522, 595-96)
2. If the call is being made from another state to California, you should consult your
district attorney and the respective district attorney's office(s) representing the
involved state(s), as laws vary from state to state.

Application of Fifth and Sixth Amendments

A. Fifth Amendment (Miranda): If the suspect is not in custody, Miranda does not apply. If
the suspect is in custody, Miranda warnings/waivers are not required where the suspect
is unaware they are talking to a police agent. This is true, even though the suspect
may already have invoked his Miranda right to silence or to counsel before the pretext
call occurs.1
B. Sixth Amendment (Right to Counsel): Once the Sixth Amendment right to counsel has
attached (indictment or first court appearance), agents may no longer make a pretext
call about the charged offense. Since the Sixth Amendment is “offense-specific,”
pretext calls may be made about other, uncharged offenses without violating this right.
Pretext calls may be made before the Sixth Amendment attaches - even if an attorney
has been retained.2
C. Remember: Case law can change. Keep up to date on the changes that affect your
criminal investigation.

Considerations Before the Pretext Call

A. How will the pretext communication affect the victim?
1. The information gathered in a pretext communication can be invaluable. However,
law enforcement officers must consider how the victim’s communication with the
suspect may re-traumatize the victim.
2. Law enforcement professionals, the victim, and victim advocates need to discuss
the benefits, challenges, and potential negative effects when deciding if a victim
should participate in a pretext call with the suspect.

1 One Minute Brief, Los Angeles County District Attorney’s Office; by Devallis Rutledge, DDA. March 9, 2020
2 One Minute Brief, Los Angeles County District Attorney’s Office; by Devallis Rutledge, DDA. March 9, 2020

84 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 B. In some instances, it may not be appropriate for the victim to execute the
communication based on factors such as their age, emotional state, etc.
1. When this is the case, determine if someone else is suited to make the call.
C. Factors that can influence the Pretext Call:
1. Is the suspect aware of the investigation?
2. What is the usual routine of victim/suspect?
3. Is the suspect likely to be with anyone at the time of the call?
4. Where would the caller normally be at the time of the call?
5. Do you have a good phone number for the suspect?
6. When is the best time to call? (Anniversary date, late at night, weekend, birthday,
etc.
7. Have you prepared a list of questions for the victim to read?
8. How will you communicate with the victim during the call?
D. The investigator must be familiar with all aspects of the case, including witness
statements.
E. The victim should be interviewed in detail before making a pretext call.
F. The information gained from the interview will help the investigator formulate questions
for the victim to ask the suspect.
G. The information will also help the investigator analyze the statements made by the
suspect during the recorded call.

Necessary Equipment
A. Be sure to record the conversation. This can be accomplished by using a digital
recorder accompanied by a phone pick-up earpiece or using recording apps such as:
1. Callyo, PretextCalls.com or Law Enforcement Technology Solutions (LETS)
(Orion).
2. Note: these are paid subscriber services which require a cellular or an internet
Wi-Fi connection.
B. Regardless of the medium used, be sure to confirm the source is working properly prior
to executing the call. This can include ensuring you have a fresh pair of batteries.
1. If email or text is going to be used to facilitate the communication, be certain you
have a way to preserve the correspondence.
C. Equipment necessary for landline calls:
1. Landline phone recorder controller “splitter” available through Radio Shack (e.g.,
part #43-2208 or #43-421), Amazon, and other electronics stores or a wired in-the-
ear microphone with a standard 1/8” headphone jack.
2. Digital Recorder with headphone jack.
3. Earphones
APPENDIX 10: PRETEXT TELEPHONE CALL/PRETEXT TEXTING/DIGITAL SOCIAL MEDIA/ONLINE COMMUNICATIONS 85
 D. Equipment necessary for cellular calls when not using a service such as Callyo,
PretextCalls.com or Law Enforcement Technology Solutions (LETS) (Orion)
1. A wired in-the-ear microphone with a standard 1/8” headphone jack
2. Digital Recorder with headphone jack
3. Earphones
E. Equipment necessary for pretext social media conversations
1. If using victim/witness device, need the ability to document and archive the
communication.
a. Consider a program which can stream the mobile device’s screen to a laptop/
desktop, such as:
i. QuickTime
ii. Vysor
iii. Lonely Screen
b. Programs to then record the laptop/desktop screen and capture the
communication:
i. Native Windows program: Game Bar
ii. Snagit (paid program)
iii. Open Source Broadcaster (OBS)
iv. Screen Recording (iPhone)
2. If victim/witness device is unavailable, consider a dedicated mobile device with
ability to install social media applications.
3. If mobile device is unavailable, consider using an android emulator.
a. An android emulator is a free and fully functioning virtual android device
which operates from a laptop/desktop.
b. You can use the victim/witness’s login credentials to access their account
after downloading the application through the Google Play store.
c. It is important to note that not all social media platforms support emulators.
d. As of this publishing, the website Genymotion Android Emulator installs an
emulator program in which you can create different android devices unique to
your specific case.

Planning the Pretext Call

A. Determine the victim’s ability to make the call:
1. Attend the victim’s interview and observe
2. Talk to the victim/caller:
a. Obtain the caller’s buy-in:

86 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 i. Explain to the caller that pretext calls can be extremely powerful evidence
ii. Explain to the caller that the victim’s account of the crime(s) may be
validated
iii. Future crimes may be thwarted
3. Some questions to consider when determining who may be best suited to make
the call:
a. Who has a good relationship with the suspect?
b. Who is the suspect most likely to disclose to?
c. Who would the suspect think is least likely to tell someone else?
d. Has the suspect already made admissions to someone else?
4. Other victim/caller considerations:
a. Age appropriate
b. Mental ability
c. Developmental ability
d. Emotional strength
e. Articulate
f. Able to understand what is required of them (what to say, how to say it)
g. Ability to follow directions
h. Ability to improvise
i. Ability to multi-task
j. Ability to read
k. Language considerations
5. You may determine that using another victim, family member, or in some
instances, waiting may be the best option.
B. When to make the pretext call:
1. It depends on the facts of the case.
2. The call does not have to be initiated immediately:
a. Depending on the circumstances, it may be beneficial to wait days, weeks, or
even months after the incident or report.
b. Delaying the call may be optimal due to the fact it can cause the suspect’s
guard to be let down or that they “got away with it,” and they may be more
willing to talk about the incident.
3. Multiple pretext calls may be appropriate.
4. In lengthy investigations, consider initiating the pretext call on a date that
coincides with an anniversary date of the crime(s) or on some other date that holds
significance.

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 5. If possible, the call should be made before the suspect becomes aware of the
investigation.
a. However, even if the suspect knows of the investigation, a pretext call may
still be an appropriate strategy, especially in cases where the evidence is not
yet strong enough to obtain a conviction.
6. If the investigator is concerned the suspect would immediately think a phone call
from the victim must be some kind of trap, the call should be made on a weekend
or late at night, when the suspect might be off guard and less suspicious.
a. A surveillance team can be used to observe the suspect’s movement to
determine a time that is optimal for the call to take place.
b. The surveillance team can be in place when the victim is ready to place the
call. When the suspect reaches the desired destination, the victim can place
the call.
c. This procedure may minimize the stress and inconvenience of making a
pretext call, only to learn the suspect is not available.
C. Planning the specifics of the call:
1. It is extremely important that the caller understands what is expected.
2. Instruct them not to be confrontational from the outset.
a. The goal is to obtain evidence, not attack the suspect.
b. Do not attack the suspect.
3. It may be appropriate for the caller to use compassion and empathy towards the
suspect. Be non-judgmental.
4. If possible, know where the suspect is or is likely to be when making the call.
5. At the beginning of the call, the caller should plan to:
a. Confirm the suspect is in a private setting that allows them to discuss the
incident.
b. Confirm the suspect has the time to talk. This can possibly be established
prior to initiating the call by texting the suspect.
i. This ensures the suspect feels comfortable.
ii. Shows the caller is being considerate of the suspect’s privacy.
D. Prepare a written script:
1. Plan what the caller is going to say before making the call.
a. Why is the caller calling the suspect?
b. Why does the caller want to talk about what happened?
c. Whenever possible, work together with the caller to prepare the questions in
writing, using words and sentences the caller is comfortable with.

88 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 i. Ensure the wording will encompass the corpus of the crime(s).
ii. Leave several lines of space underneath each question to write additional
questions for the caller to ask while the call is taking place.
d. It is important for the caller to ask the suspect pre-prepared questions exactly
as written to avoid future legal ambiguity.
2. Create a plausible scenario/ruse for the call:
a. Was the victim recently triggered?
b. Cannot concentrate at school?
c. Needs to seek counseling or tell someone?
d. Having problems at work?
e. Pregnancy test/abortion?
f. STI test?
i. “Do you have an STI I need to be aware of?”
ii. “I have (or may have) an STI you need to be aware of.”
g. Need closure: “I just need to understand, why me?”
3. Examples that may work:
a. Counseling is a great theme. “I am having problems concentrating in class
because of what has happened between us, and I’m thinking about talking to
a counselor.”
b. If appropriate, the caller can let the suspect know they trust them and want to
keep this a secret.
i. “I feel like I need to talk to someone about what happened between us.”
ii. I feel like you’re the only one I can talk to.”
c. “I just took a pregnancy test, and I think I am pregnant.”
i. Consider having a picture of a positive pregnancy test in case the
suspect asks for a picture.
ii. Make sure the timing of the pregnancy is reasonable.
d. When in doubt, consider resorting to the actual reason the report came to
light.
4. Ensure that the corpus of all (or as many as possible) of the alleged crimes is
covered in the script.
5. Note: Careful preparation of the language and terminology is paramount,
especially when preparing a script for a child or underage victim.
a. Avoid vulgar terms for sexual acts and/or body parts.
b. Remember that the recorded call will likely be played in front of the court and
jury.

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 E. Ensure victim is prepared to answer following questions:
1. “Is this conversation being recorded?” - “No.”
2. “Where are you?”
a. The answer should be someplace that the suspect cannot easily and
immediately get to.
b. Suspects will often want to immediately come to meet with the victim rather
than talk on the phone.
3. Consider background noise:
a. The environment does not have to be silent. Soft, ambient noise can be
realistic and beneficial.
b. However, consider things such as police department P.A. systems, etc.
4. “Is anyone with you?”
5. “Have you told the police or anyone else?”
a. Possible response: “No, I’m embarrassed”
b. Or “I would never tell anyone what happened.”
6. What if the suspect asks to meet in person?
a. If the suspect wants to meet and talk in person, DO NOT AGREE. Possible
responses:
b. “I don’t feel comfortable meeting right now but maybe we can meet after
we’ve talked.”
c. “I’m too upset right now. Maybe we can talk later.”
F. If an in-person meeting is the only option, consider a covert recording device or a
service such as Callyo.
1. Consultation with the law enforcement supervisor and the prosecutor prior
to in-person meetings is strongly recommended.
2. Obviously, the safety of the victim is paramount.
G. Be Specific.
1. A vague admission is not an admission.
2. Avoid ambiguous questions like, “Why did you do it?”
a. Rather, the caller should use specific terms to describe the conduct.
b. Terms such as “it” and “that” can be explained away by the defense due to
ambiguity.
3. Make it easy for the suspect to admit to the conduct. Take the burden off the
suspect by having the victim articulate the conduct.
H. Expand and explain the conduct with specificity and follow up with a “why” question.

90 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 1. Example 1: “I remember I was only 9 when you made me kiss your penis for the
first time. What brought you to the point of doing that?”
2. Example 2: “Lately, I’ve been thinking about how when I was 6 years old you
made me take my pants off and you put your fingers inside me. Can you please
help me understand what you were thinking?”
3. Wait for a response.
a. Allow the suspect to talk and do not interrupt.
b. Typically, innocent people do not hesitate to respond to egregious allegations.
c. This could show a consciousness of guilt.
4. Be mindful of the elements needed to prove the allegations and consider using the
California Jury Instructions for the respective crime(s) being investigated.
I. Include specifics regarding the victim’s age and/or the timeframe surrounding the
conduct.
1. This is especially true for PC 288.7, PC 269, and PC 288(a).
2. Helps the jury understand what happened and when it happened.
3. In instances where the abuse has occurred over an extended period of time or on
multiple occasions, consider establishing time frames/ages by having the victim
talk about the first, worst, or last times, or a time that was especially memorable
(e.g., a birthday).
4. Examples:
a. “I remember the first time you had sex with me was that time mom left for the
week. I was only 8 years old.”
b. “The time that sticks out most to me is when I was 9 years old, and you made
me put my mouth on your penis.”
c. “I remember the last time you grabbed my breasts was right before my 11th
birthday and you told me I was well developed.”
d. “Remember when I was 13 years old, and you took my virginity?”
5. An explanation or apology by the suspect can acknowledge guilt in the same
manner as a direct confession:
a. Example: Victim: “I have been having a difficult time concentrating in class
because I can’t stop thinking about that time you made me touch your penis.
Can you please help me understand why you did that?”
b. Suspect: “I’m sorry. It was stupid. Please forgive me.”
J. The victim should avoid harsh words and accusatory questions/statements.
1. Don’t: “You raped me!”
2. Do: “I remember the first time you had sex with me. I was only 9 years old.”
3. A suspect’s usual answer to this type of question may be something similar to, “I
didn’t molest you.”

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 4. A suspect may be more willing to admit to the conduct by saying they took
advantage of the victim, and/or made a mistake, but they do not want to be
associated with the likes of a “rapist” or “criminal.”
5. A compassionate and empathic approach is more likely to elicit an incriminating
statement.
K. Entrapment is illegal and cannot be used.
1. Do not say anything that could be interpreted as a threat of violence to get an
admission (Example: “If you don’t admit what you did, then I’m going to have
someone handle you.”)
2. Do not have or let the victim threaten suicide or say anything that would cause the
suspect to believe they are going to hurt themselves.
3. Remember, anything the caller says that would make a reasonable person
admit to something they did not do would be considered entrapment and
may hinder prosecution.
L. Do NOT suggest or allow the caller to offer or promise leniency:
1. The caller is considered an agent of Law Enforcement, which is the same as a law
enforcement officer making a false legal promise; leniency cannot be offered.
2. Examples of what NOT to say:
a. “I will not call the police if you confess.”
b. “You will not get arrested if you confess.”
c. “You will not be prosecuted if you confess.”
M. Plan the ending of the call:
1. End the call on a good note, if possible.
a. The investigation may require additional calls.
b. “Thank you for being willing to talk to me. I feel much better.”
2. However, it is recommended that the caller tells the suspect not to call them.
a. This can be used later when interviewing the suspect:
b. Example: “When was the last time you spoke with [the caller]?”
N. Rehearsing/Role Playing:
1. Practicing by rehearsing through role-playing is an extremely important part
of preparing the victim/caller to make the actual call.
2. Practice or “role play” the questions with the victim.
a. Helps victim avoid sounding like they are reading from a script.
b. The practice sessions should be as close to the “real thing” as possible.
i. Whenever possible, have the victim call the “suspect” (played by another
investigator in another room).

92 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 ii. This second investigator should respond in different ways just like the
suspect might respond.
iii. The primary investigator should coach the victim as they would during the
real call.
c. The more the victim practices under “battle conditions,” the better prepared
they will be to effectively conduct the pretext call.
3. Helps ensure the caller feels confident and has a clear understanding of what is
expected.
4. Helps ensure the victim does not sound like they are reading from a script.
5. The caller gains an understanding of how the investigator will communicate with
the caller during the call (handwritten notes, app on smartphone, notepad, etc.).
a. If the investigator plans on communicating in writing during the call, they
should consider the neatness of their handwriting when forced to write fast.
b. Is it legible? Will the caller be able to read it?
O. Coaching the caller during the actual call:
1. It is important for the investigator to be able to communicate with the victim
through hand signals during the call to avoid the suspect overhearing.
2. Examples:
a. “Don’t talk” or “shush” the caller:
i. As in any interrogation, prolonged silence can compel the other party to
speak. Have the caller wait the suspect out.
ii. If the caller and suspect are talking at the same time, the caller’s voice
often overrides the suspect’s voice, making it harder or impossible to hear
the suspect.
b. Keep the caller talking:
i. If the suspect sounds as if they are getting suspicious, often keeping the
caller talking and/or rambling helps.
ii. This will distract the suspect from suspicions.
c. Point to a question on the prepared list of questions to encourage callers to
ask the pre-prepared questions.

Making the Pretext Call

A. Double check the equipment:
1. New batteries
2. Test recording
3. Test record mode
B. Investigator positioning:

APPENDIX 10: PRETEXT TELEPHONE CALL/PRETEXT TEXTING/DIGITAL SOCIAL MEDIA/ONLINE COMMUNICATIONS 93

 1. Avoid being above or towering over the caller
2. Close enough to show the caller the tablet with pre-prepared questions and notes
C. Put an introduction on the recording:
1. Date, time, case number
2. Identify the investigator, who is calling who, etc.
D. Ensure caller does not talk over suspect
E. Encouragement
F. Investigator’s handwriting while taking notes or writing additional questions for caller to
ask
G. The investigator should listen to the call as it is occurring due to the fact the caller may
need additional coaching as the call is taking place
1. Listen carefully to both sides of the call
a. Things the suspect says will likely give additional follow up questions to ask
b. Suspect may give “themes” and “thinking errors” to use later
c. Additional questions for the caller, things they may have left out of the
interview
2. Write down additional questions for the victim to ask
3. Keep the victim focused
H. Ending the call:
1. Prepare in advance how you will have the caller end the call
2. Ensure the caller knows to end the call on your signal to end
3. Plan the words ahead of time
4. Examples:
a. “Do not call me anymore”
b. “I don’t want to talk to you”
5. It is recommended that the caller tells the suspect not to call them
a. Often the suspect will call the victim/caller back anyway
b. This can be used by the investigator during the suspect interrogation
Note: It is recommended that the suspect not be told about the existence of the pretext call
until well into the investigator’s interrogation of the suspect. The suspect will likely not mention
this call with the victim/caller.

After the call

A. Praise the caller regardless of outcome.
B. Ask caller how they feel.
C. Ask caller what they heard the suspect say.

94 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

 1. The suspect may have said things the caller understood that you did not pick up
on.
2. Were there any code words used by the suspect?
D. Further instructions to the victim/caller:
1. DO NOT contact the suspect.
2. Tell the victim/caller to immediately let you know if the suspect tries to contact
them.
E. Inform the victim/caller of what to expect next.
F. Warn the victim/caller (and family as appropriate) about the prospect of defense
investigators possibly attempting to contact the family to conduct their own
investigation.
1. Victims and witnesses do not have to communicate with defense investigators.
2. Victim may call the investigator for guidance.
G. Investigators need to be aware that conducting a pretext call may re-traumatize the
victim. The victim’s emotional experience may include:
1. Stress
2. Fear
3. Helplessness
4. Guilt
5. Relief
6. Self-harm and/or suicidal thoughts
It is important that the investigating officer ensure that the victim is aware of and has access to
victim services through the county’s Victim/Witness Office, CPS, etc.
When effectively used, pretext calls are an invaluable tool that has assisted in countless
investigations. In many instances, pretext calls may be the piece of evidence that ultimately
tips the scales of justice. Pretext calls must be conducted with the utmost consideration for the
victim’s safety and emotional well-being. Attention to detail is critical when utilizing this tool.

APPENDIX 10: PRETEXT TELEPHONE CALL/PRETEXT TEXTING/DIGITAL SOCIAL MEDIA/ONLINE COMMUNICATIONS 95

Appendix 11
Web Resources

Web Sites
Web Address Resource
http://www.nsvrc.org/ National Sexual Violence Resource Center
https://www.ccfmtc.org/forensic-medical-
Forensic examination forms
examination-forms/
http://www.rainn.org/ Rape, Abuse, & Incest National Network
Victim Compensation and Government
http://www.victimcompensation.ca.gov/
Claims Board

Web Based Documents

Acquaintance Rape Of College Students
Sampson, Rana. – Washington, DC: U.S. Department of Justice, Office of Community
Oriented Policing Services, 2002.
https://cops.usdoj.gov/RIC/Publications/cops-p033-pub.pdf

Developmental Antecedents Of Violence Against Women: A Longitudinal Perspective

White, Jacquelyn W.; Smith, Paige Hall. – Washington, DC: 2001.
http://www.ncjrs.org/pdffiles1/nij/grants/187775.pdf

Impact Evaluation Of A Sexual Assault Nurse Examiner (SANE) Program

Crandall, Cameron S.; Helitzer, Deborah. – Albuquerque, NM: Albuquerque SANE
Collaborative, 2003.
https://www.ojp.gov/pdffiles1/nij/grants/203276.pdf

A National Protocol For Sexual Assault Medical Forensic Examinations: Adults/

Adolescents
Littel, Kristin. – Washington, DC: 2004.
http://www.ncjrs.org/pdffiles1/ovw/206554.pdf

Recidivism Of Sexual Offenders: Rates, Risk Factors And Treatment Efficacy

Lievore, Denise. – Canberra, Australia: Australian Institute of Criminology, 2003.
https://www.aic.gov.au/sites/default/files/2020-05/recidivism-of-sexual-offenders-rates-
risk%2520factors-and%2520treatment-efficacy.pdf

96 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Risk Factors For Violent Victimization Of Women: A Prospective Study, Final Report
Siegel, Jane A.; Williams, Linda M. – Washington, DC : 2001.
https://www.ojp.gov/pdffiles1/nij/grants/189161.pdf

Toolkit To End Violence Against Women

National Advisory Council On Violence Against Women. 2001.
https://www.ojp.gov/pdffiles1/206041.pdf

Violence Against Women: Synthesis Of Research For Law Enforcement Officials

Hirschel, J. David; Dawson, D. J. 2000.
http://www.ncjrs.gov/pdffiles1/nij/grants/198372.pdf

A Vision To End Sexual Assault: The CALCASA Strategic Forum Report

California Coalition Against Sexual Assault. – Sacramento, Calif.: California Coalition
Against Sexual Assault, 2001.
https://vawnet.org/material/calcasa-strategic-forum-report-vision-end-sexual-assault

APPENDIX 11: WEB RESOURCES 97