Police Officer Perspectives on the Challenges of Investigating Sexual Assault

Luck of the Draw: Who Gets the Case

In most cases, the next available patrol officer is the individual who is dispatched to call. The initial contact with and interview of the survivor is ‘pivotal’. However, in many instances, the officer responding to the call is not always the best one available. Individuals may possess biases or lack the skillsets to conduct the interview. It was noted that some officers, particularly less experienced officers, have not been adequately trained and are uncomfortable asking sensitive questions that are critical for collecting much needed information and evidence.

In other instances, high call volumes lead to officers who are ‘overtaxed’ and feel rushed during interviews.  The problem is compounded when officers are late in their shift and have been exhausted by a backlog of calls for service.  When an officer is slow to arrive victims often perceive officers lack concern or do not feel the call is important.  In other instances, the officer may have responded from another call that required a ‘contradictory skill set’ than what is required of compassionate interviewer.

Lack of Evidence: How do we Proceed?

Investigators reported that many times it is difficult to collect evidence with reports of historical assaults, claims by third parties, and the victim is not able to provide much information about the assault. Reports of historical assaults are made some time after the event, making them the most difficult to resolve because of the lack of physical evidence and recall of the event. These frequently involve children who lack the ability to recall details or disclose the event.

Third party reports are made when the victim does not wish to cooperate. They may share the assault with a person they may be close with but are hesitant to disclose it to police.

In some cases, individuals are willing to speak with police but are unable to share critical details because they may have been impaired by alcohol or drugs. The difficulty with conducting these investigations is compounded when the individuals have a clouded memory and there is no physical evidence (i.e. DNA).

Additional challenges arise when the survivor does not wish to continue with the investigation because of ‘embarrassment, self-blame, or fear of exposure.’ In some cases, the survivor does not realize the length or complexity of the investigation and its prosecution. Other times the survivor may not give a formal statement. Officers also lamented in some cases that the survivor wanted to go forward with the case, but the prosecutors refused, and the officers were left to explain it to the victim.

Case Classifications: What is “Unfounded” Anyway?

Prior to 2018, many cases were inappropriately classified in the Canadian Uniform Crime Reports as ‘unfounded’. Investigators reported labeling a sexual assault as unfounded was a catchall phrase leading to the perception the allegations were false or baseless and the police did not believe the victim. When this occurred, the classification created an unwillingness to follow the evidence, lack of understanding of how trauma affects individuals, or cynicism. The study participants suggested recent changes in the classifications may help improve investigations.

They also noted many agencies have employed enhanced civilian oversight through sexual assault review committees which have improved departments’ responses to sexual assaults.

In their summary, researchers noted sexual assault investigations are complex. Officers are working diligently to engage ‘victim-centered, trauma improved approaches’ to improve the disclosure by survivors and subsequent prosecutions. It was also noted the media’s scrutiny of police officers’ responses to sexual assaults may be counterintuitive, leading many survivors from reporting because of the perception of being poorly treated.