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One of the fundamental challenges to the credibility of sexual assault victims is that many – if not most – make statements to the law enforcement investigator or others that are incomplete, inconsistent, or just plain untrue. There are a number of reasons for this. In this Promising Practices article, we explore the causes of such problems with victim statements and identify ways to overcome the challenges that they pose for a sexual assault investigation.

Sexual assault victims have long faced unwarranted skepticism from friends and family members, as well as responding professionals. In this Training Bulletin, we document examples of this historical bias and examine a few measures that have been taken to help ameliorate it. In particular, we focus on the Start by Believing philosophy and examine its relevance for victim and suspect interviews. Our goal is to inform criminal justice professionals and others about what this philosophy does – and does not – say about how to approach sexual assault cases, including interviews with victims, suspects, and witnesses. Ultimately, we emphasize that Start by Believing is an approach to conducting thorough, professional, and unbiased investigations.

This document was created to help law enforcement agencies work collaboratively with agency personnel, community partners, and legal counsel to develop their own agency-specific policy to address sexual misconduct committed by sworn and civilian personnel. It is provided in an accessible format that can be easily adapted by law enforcement agencies to create a new policy or build on an existing policy

Previously, we sent out a training bulletin addressing the question of whether notifying an advocate violates the federal law known as HIPAA (Health Insurance Portability and Accountability Act). Because the issues surrounding this question are critical, yet complex, we are sending out this follow-up bulletin to address some common questions and concerns we have heard over the years. Our goal is to extend the discussion and spark further conversation in communities across the country. (Originally distributed 1/2013)

Health care professionals and others have asked whether routine notification of advocates violates the privacy protections outlined in HIPAA (the Health Insurance Portability and Accountability Act of 1996). Although the name of the patient might not be revealed when an advocate is called out to respond, some have interpreted the face to face contact that may be made as violating HIPPA. Many programs continue to struggle with this issue, and have a real desire to assure meaningful access to advocacy services. (Originally distributed 1/2013)

While preparing for an interview with a sexual assault victim, one of the critical decisions to make is whether or not to tape it (either audio or video). This can be a controversial issue in some communities (although this is becoming less true), and both police and prosecutors must weigh the advantages and disadvantages before implementing any policy. However, it is worth noting that interviews with child victims have been taped for years, and law enforcement professionals and others typically recognize the important advantages of this practice. Many of the same advantages exist for adult and adolescent victims. (Originally distributed 12/2012)

Tragically, many victims are assaulted while they are away from home. This could include a sexual assault, an attack by an intimate partner, or any other crime. What can become complicated for law enforcement is the fact that many of these victims will wait to report the crime until they return home. This makes sense, because they have the support of family and friends at home, as well as other service providers they may feel more comfortable contacting. However, it means that the law enforcement agency receiving the report is not the one with jurisdiction. We developed this training bulletin to provide guidance in this area – not only for law enforcement professionals – but also to inform other community professionals about the options that are available for the law enforcement response in this type of situation. (Originally distributed 9/2013)

In the #MeToo and #TimesUp era of accountability, victims who have been sexually harassed or sexually assaulted in the past have been empowered to come forward and reveal their victimization. Yet there is confusion on the part of the public, and even within law enforcement, about how to differentiate between sexual harassment and sexual assault. This uncertainty is complicated by the fact that in some cases, the offending behavior can fall into both camps, prompting the question as to whether to proceed civilly, criminally, or both. In this Training Bulletin, we provide a brief summary of the distinctions and intersections between sexual harassment and sexual assault. We then provide some detailed information on each topic, but primarily refer interested readers to other resources. For example, EVAWI offers thousands of pages of training material on criminal sexual assault, particularly related to the law enforcement response and investigation. Other resources are available for detailed information on sexual harassment and responses in educational or employment settings.

This Q&A document explains what schools must do, describes appropriate prevention efforts, explains how Title IX relates to the Family Educational Rights and Privacy Act (FERPA) and the Clery Act with regard to keeping a complainant informed, and gives examples of how schools and the Office for Civil Rights can respond to sexual violence. It also tells which school employees are required to report possible sexual violence to school officials, and describes the process for addressing the confidentiality issues involved when a student does not want to be identified or does not want an investigation to move forward. The document describes what a school should do if there is also an ongoing criminal investigation – the school is obliged to proceed with its own investigation, although it may have to delay fact-finding while law enforcement gathers evidence. However, the school should still take action to protect the complainant while this is going on, and should not wait for the criminal case to conclude prior to making its own findings.

We are frequently asked whether law enforcement agencies should have a policy of assigning female detectives to interview sexual assault victims, whenever possible. This question is certainly a legitimate one, because the vast majority of sexual assaults are committed by men, and some people believe that the presence of a male officer (especially one that is uniformed and armed) may be upsetting for some victims. In this training bulletin, we explore some of the issues related to sexual assault and officer gender. We then conclude with some additional resources to assist in this area.