Detectives or Investigators
Learn how to best support sexual assault victims through proper protocols and communication.
TN Sexual Assault Laws
Legislative Changes
Enacted 5/18/21 The Jim Coley Protection for Rape Survivor's Act amends TCA Title 4; section 10-7-504; Title 29; Title 38; Title 39; Title 40; Title 63
By law, sexual assault victims have the right to:
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Consult with a victim advocate at any stage of the proceeding
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Removed statement “if practical and does not cause delay of investigation or prosecution”
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Have a support person, of the victim’s choice, present during any medical exam, interview with law enforcement, prosecuting attorney, the defendant, or the defendant’s attorney
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Be interviewed by a law enforcement officer of the gender the victim chooses, if possible to accommodate
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Be informed of a change in the status of the case, and if it the case has been closed
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Receive information regarding whether or not a DNA sample was obtained from their kit and if the sample obtained matches state or federal databases
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Be informed of the disposal of a kit
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Request evidence be retained for an additional 12 months
It Is Against Tennessee State Law For:
A sexual assault victim to be submitted to a polygraph examination
TN Code § 38-3-123 (2019)
(a) No law enforcement officer shall require any victim of a sexual offense, as defined in § 40-39-202, or violent sexual offense, as defined in § 40-39-202, to submit to a polygraph examination or any other test designed to detect deception or verify the truth of statements through instrumentation or by means of a mechanical device, as a condition of the officer proceeding with the investigation of the offense.
(b) A violation of this section shall subject the officer to appropriate departmental disciplinary action.
Evidence from a sexual assault kit to be used against a victim
TN Code § 38-13-507
Prohibited uses of sexual assault forensic evidence.
Sexual assault forensic evidence obtained pursuant to § 39-13-519 may not be used:
(1) To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or
(2) As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim.
TCA Codes
Relevant Codes
39-13-504. Aggravated sexual battery.
39-13-506. Mitigated statutory rape — Statutory rape — Aggravated statutory rape.
39-13-507. Prohibited uses of sexual assault forensic evidence.
39-13-509. Sexual contact with a minor — Sexual contact by an authority figure.
39-13-503. Rape.
(a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
(3) The defendant knows or has reason to know that the victim is:
(A) Mentally defective;
(B) Mentally incapacitated;
(C) Physically helpless; or
(D) A vulnerable adult, as defined in § 39-15-501, with an intellectual disability; or
(4) The sexual penetration is accomplished by fraud.
(b) Rape is a Class B felony.
39-13-504. Aggravated sexual battery.
(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The victim is less than thirteen (13) years of age.
(b) Aggravated sexual battery is a Class B felony.
39-13-505. Sexual battery.
(a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
(3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual contact is accomplished by fraud.
(b) As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
(c) For purposes of this section, a victim is incapable of consent if:
(1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and
(2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
(d) Sexual battery is a Class E felony.
39-13-506. Mitigated statutory rape — Statutory rape — Aggravated statutory rape.
(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
(1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or
(2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
(d) (1) Mitigated statutory rape is a Class E felony.
(2) (A) Statutory rape is a Class E felony.
(B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.
(3) Aggravated statutory rape is a Class D felony.
39-13-507. Prohibited uses of sexual assault forensic evidence.
Sexual assault forensic evidence obtained pursuant to § 39-13-519 may not be used:
(1) To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or
(2) As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim.
39-13-509. Sexual contact with a minor — Sexual contact by an authority figure.
(a) It is an offense for a defendant to engage in unlawful sexual contact with a minor when:
(1) The minor is less than eighteen (18) years of age;
(2) The defendant is at least four (4) years older than the victim; and
(3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or
(4) The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact.
(b) As used in this section, “sexual contact” means the defendant intentionally touches or kisses the minor's lips with the defendant's lips if such touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
(c) Sexual contact by an authority figure is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000).
(d) Each instance of unlawful sexual contact shall be considered a separate offense.
SAMS Track
Legislative Changes
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SAMS-Track Kit Timeline Mandates
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Kit must be collected from healthcare facility within 24 hours
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Prior to sending to TBI, the kit number must be entered into the TBI tracking system within 7 days of exam
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Kit must be sent to TBI for processing within 30 days
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Hold kits to be stored in evidence for 10 years
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Victim may request the investigating agency inform them if a DNA match is obtained
IACP Investigation Guidelines
Investigation
IACP recommends developing an investigative strategy to guide interview questions and other evidence collection efforts. The investigators should seek to:
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Verify any statements obtained from witnesses by the first responding officer(s).
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Obtain statements from witnesses not interviewed in the preliminary investigation.
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Re-photograph any non-genital injuries in order to document changes.
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Determine whether a search warrant is needed for any aspect of the investigation.
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Identify and contact others who may have been victimized by the suspect.
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Gather & screen available surveillance footage
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Evaluate whether a pretext phone call is appropriate.
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Consider the victim’s emotional state and arrange for the presence of an advocate if possible
Guidelines taken from “Sexual Assault Incident Reports: Investigative Strategies” by the International Association of Chiefs of Police. For full text, visit HERE
Goals of the follow-up interview
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Obtain a detailed account of the assault
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Identify new information or developments, and ask questions
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Clarify, in a non-threatening manner, any inconsistencies with earlier accounts of the sexual assault
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What were the specific acts committed or attempted, what was the order in which they were committed or attempted, and how many times?
Taken from “POST Guidelines on Adult/Adolescent Sexual Assault Investigations”. For the full text, visit HERE
FBI Rapist Classifications and Interrogation Strategies, visit HERE
Working With Victims of Trauma
The Impact of Trauma
Sexual assault is a traumatic event, and when the brain experiences trauma, it enters “survival mode”. When the brain is in “survival mode”, logic, memory, and problem solving are limited because stress hormones flood the system. Victims of sexual assault may:
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Freeze during the assault
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This is called tonic immobility, and it is very common
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Not fighting back does not mean a victim wanted it to happen
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Have difficulty remembering events clearly and/or in chronological order
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Stress hormones impact memory and best practice guidelines recommend allowing the victim 1-2 sleep cycles before conducting a thorough interview
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Not remembering does not mean a victim is lying
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May react in unexpected ways: sobbing, disconnecting (numbness), laughing…
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There is no normal reaction to trauma or sexual assault
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“The Neurobiology of Sexual Assault: Implications for Law Enforcement, Prosecution, and Victim Advocacy.” National Institute of Justice. For full webinar visit HERE
When speaking with victims, AVOID statements that:
Minimize
"It could have been worse"
"That’s not so bad"
"Just be thankful you’re not hurt/injured/dead"
Interrogate
"Your story doesn’t make sense"
"That’s not what you said a minute ago"
"You should be able to remember something so traumatic"
Blame
"Why didn’t you report this sooner?"
"Why didn’t you yell/fight back/run?"
"Why did you go there alone/to that place/at that time of night?"
"How were you dressed?"
"Why did you drink so much?"
Report Writing Recommendations
Basics to Note
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Date/Time
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Location
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Conditions
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Who is present
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What is known
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How information received
Expanding the Report
When writing the report:
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List as many details and feelings as possible
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Establish elements such as premeditation/grooming, coercion, threats, and/or force
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Document what the victim thought, felt, said during the assault
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Asking what the victim saw, smelled, tasted, or heard can help in memory recall
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Use the victim’s exact words placed in quotations as often as possible
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Do not edit or alter the language as this may create issues for prosecution
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Exclude officer opinion and avoid asking leading questions
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It’s normal for a victim to have gaps in memory or difficulty maintaining chronology
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Documentation should reflect a lack of consent
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“Forced his penis into her vagina” vs “He had sex with her”
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Be as specific as possible when documenting force
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“Offender threatened her” is too vague. List specific threats, methods of coercion/force, tones, gestures, facial expressions, etc… as it may reveal patterns
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Guidelines taken from “Sexual Assault Incident Reports: Investigative Strategies” by the International Association of Chiefs of Police. For full text, visit HERE
Who to call?
National Sexual Assault Hotline
800-656-4673
National Domestic Violence Hotline
1-800-799-7233
National Suicide Hotline
1-800-273-8255
National Human Trafficking Hotline
1-888-373-7888