TO: PUBLIC SAFETY, FINANCE AND
STRATEGIC SUPPORT COMMITTEE
FROM: Anthony Mata
SUBJECT: GENDER-BASED VIOLENCE
RESPONSE AND STRATEGY
ANNUAL REPORT
DATE: January 12, 2022
____________
Approved Date
RECOMMENDATION
Accept the annual report on the San José Police Department’s (SJPD or Police Department) Gender-Based Violence Response and Strategy, including detailed sexual assault crime statistics and trends, work item status update, housing opportunities, and an evaluation regarding the implementation of the Sexual Assault Bill of Rights and community advocate agency feedback, including, but not limited to, Asian Americans for Community Involvement, Center for Child Protection Spark Clinic, Community Solutions, Next Door Solutions to Domestic Violence, and YWCA Golden Gate Silicon Valley.
BACKGROUND
The federal Centers for Disease Control and Prevention (CDC) defines sexual violence as “sexual activity when consent is not obtained or not freely given.” The CDC notes that sexual violence is a serious public health problem in the United States that it “impacts every community and affects people of all genders, sexual orientations, and ages. Anyone can experience or perpetrate sexual violence.” More than one in three women and nearly one in four men experience sexual violence involving physical contact during their lifetimes.1 In the Police Department, the Sexual Assault Investigations Unit (SAIU) investigates incidences of sexual violence (referred to hereafter as “sexual assault,” consistent with the terminology used by the Department.) In this report, the Police Department will highlight efforts related to the prevention, intervention, and enforcement of sexual assault by SAIU. In addition, this report follows up on various data and informational requests from the Public Safety, Finance and Strategic Support Committee related to the work of SAIU, including an update on implementation of the Sexual Assault Bill of Rights and an update on the Department’s Sexual Assault Response and Strategy work item status update.
1 https://www.cdc.gov/violenceprevention/sexualviolence/fastfact.html PSFSS COMMITTEE: 3/17/2022
ITEM: (d)1.
3/11/2022
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
ANALYSIS
SEXUAL ASSAULT INVESTIGATIONS UNIT
Overview
In San José, sexual assaults, intimate partner sexual assaults, and youth sexual assaults fall under the purview of SAIU. SAIU’s responsibilities include a range of sexual assault law violations.
The unit is housed at the San José Police Department’s main facility located at 201 W. Mission Street in San José.
The unit’s approach to sexual assault cases is to make an arrest in every situation where it is legally permissible and to ensure survivors have access to resources which may assist them through the legal and/or civil process. SAIU has an in-house YWCA Advocate, who assists survivors with services and provides the survivor with the resources and information needed to heal. Furthermore, SAIU works closely with the Santa Clara County Department of Family and Children Services (DFCS) in familial youth cases. The unit also works closely with the Santa Clara County District Attorney’s Office (DAO) Sexual Assault Unit in referring cases for prosecution and supporting cases filed by the DAO’s office.
Today, SAIU is authorized to have 31 sworn and 5 civilian personnel. SAIU is currently staffed by 26 sworn and 5 civilian personnel. The current staffing level reflects an increase of 1 detective and 1 sergeant in 2020 (which brought the unit from 19 to 20 detectives and from 4 to 5 sergeants). The current filled staffing consists of the following:
• Sworn
o 1 Lieutenant
o 5 Sergeants
o 20 Detectives
• Civilian
o 1 Senior Office Specialist
o 1 Police Data Specialist II
o 1 Crime and Intelligence Analyst
o 1 Analyst I (Child Interview Center Coordinator)
o 1 Child Forensic Interviewer (Temporary City Employee) The make-up of SAIU is diverse: six of the members are certified Spanish-language speakers, two are certified Vietnamese-language speakers, two members speak Tagalog, and one member speaks Cantonese. Equally important to the languages spoken, SAIU has seven female detectives, and one female sergeant. Having such a diverse workforce allows SAIU to communicate and earn the trust of the survivors we serve.
The unit employs the best practices in sexual assault services and uses a multi-disciplinary approach to address sexual assault issues. In 2020-2021, in addition to the sworn and non-sworn personnel, SAIU continued to be staffed with an advocate from the YWCA and a representative from the DFCS. The multi-disciplinary approach utilized by SAIU integrates effective
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
investigation and support services to survivors of sexual assault in a safe and friendly environment. The law enforcement component is committed, first and foremost, to the safety of the survivors of sexual assault. This is accomplished by enforcing appropriate criminal statutes, as well as the active referral of survivors to partner agencies within the unit for counseling services, safety planning, financial aid, shelter and restraining order acquisition. Furthermore, survivors are provided Sexual Assault Forensic Exams (SAFEs) and/or medical exams by specialized medical care providers at no cost.
Training is foundational to SAIU’s service model. SAIU detectives are required by the California Commission on Peace Officer Standards and Training (POST) to attend the Robert Presley Institute of Criminal Investigation (ICI) on Sexual Assault. The course is 40-hours long and the Police Department additionally requires SAIU detectives to attend a 40-hour Child Forensic Interview Training course and a 3-day interview and interrogation course. Additional courses are offered to detectives during their tenure; however, these additional courses are subject to availability offerings and budgetary constraints. Examples of these additional internal courses include: Trauma-Informed Care, Santa Clara County District Attorney Sexual Assault updates, surveillance and apprehension training, and field tactical conduct training.
Due to a retirement, the San José Police Academy asked SAIU for instructors to teach the Learning Domains (LD) related to sexual assault investigations (LD 9 – Crimes Against Children and LD 10 – Sex Crimes) to all new recruits. SAIU and Special Victims Unit (SVU) personnel assumed the responsibility of LD’s 9 and 10, respectively, believing they can provide the requirements mandated by POST, while incorporating best practices and emerging trends within the community. Having detectives assigned to SAIU and SVU teach the two LDs is viewed as a “win/win” scenario for both the community and the department, alike. New officers will be armed with the ability to conduct better interviews, to write better reports, to make appropriate advocacy referrals, and to have a professional connection with the detectives who investigate these cases on a daily basis. SAIU and SVU personnel taught the two courses to San José Police Academy’s 41 and 42 in 2020. Academy 43 is scheduled to be taught in March of 2022.
Crime Statistics and Trends
This section discusses key trends in case data. Additional statistics are provided for reference in Attachment A.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 1 Count of Primary Offense reflecting the period from January 1, 2016 to December 31, 2021 provides a breakdown of 9,087 reported primary offenses reported Calendar Year (CY) 2016 to 2021 by the various types of sex-related primary offenses listed. Overall, there was a
21.4% increase in sex offenses from 2016 to 2021.
Many of the sex offenses show a sharp decline in CY 2020 – the year Shelter in Place orders were put into place due to the COVID-19 Pandemic (See section COVID-19 Impact below for more information). However, most crime categories saw a rebound in CY 2021.
Table 1.A Count of Internal Case Status shows the Internal Status of the 9,087 cases reported from 2016 to 2021. Despite the decrease in reports made, SAIU submitted more cases to the District Attorney’s (DA) Office in 2021. From 2016 to 2021, SAIU increased its submissions to the DA’s office by 73.4%. In contrast, cases designated K-Lack of Investigative Resources decreased by 100% from 2016 to 2021 and E-All Leads Exhausted increased by 550.0% in the same time frame, demonstrating that the new direction in case management, along with the audit of Internal Status K-Lack of Investigative Resources, was extremely beneficial.
PRIMARY OFFENSE 2016 2017 16-17
%CHG 2018 17-18
%CHG 2019 18-19 %CHG 2020 19-20 %CHG 2021 20-21 %CHG TOTAL % CHG 16 vs 21
288(A) PC L&L W/ UNDER 14YRS 529 464 -12.3% 440 -5.2% 584 32.7% 435 -25.5% 539 23.9% 2991 1.9% 261 PC RAPE 229 275 20.1% 320 16.4% 385 20.3% 297 -22.9% 338 13.8% 1844 47.6% 243.4 PC BATTERY SEXUAL 144 205 42.4% 214 4.4% 220 2.8% 155 -29.5% 180 16.1% 1118 25.0% 647.6A1 PC ANNOY/MOLEST MINOR 89 100 12.4% 109 9.0% 111 1.8% 82 -26.1% 92 12.2% 583 3.4% 220PC RAPE ASLT TO COMMIT/ATT 82 101 23.2% 102 1.0% 91 -10.8% 73 -19.8% 105 43.8% 554 28.0% 314.1 PC INDECENT EXPOSURE 67 76 13.4% 82 7.9% 76 -7.3% 79 3.9% 66 -16.5% 446 -1.5% 261.5PC UNLAW INTERCRSE MINOR 81 86 6.2% 86 0.0% 59 -31.4% 59 0.0% 49 -16.9% 420 -39.5% 289PC FOREIGN OBJ PENETRATION 40 52 30.0% 42 -19.2% 51 21.4% 34 -33.3% 55 61.8% 274 37.5% 288A(A) PC ORAL COPULATION 33 38 15.2% 46 21.1% 40 -13.0% 42 5.0% 58 38.1% 257 75.8% 286 SODOMY 13 32 146.2% 45 40.6% 46 2.2% 44 -4.3% 45 2.3% 225 246.2% DOMESTIC - 261 PC RAPE 24 29 20.8% 6 -79.3% 13 116.7% 35 169.2% 59 68.6% 166 145.8% 262(A)(1) PC RAPE SPOUSE 9 12 33.3% 16 33.3% 9 -43.8% 12 33.3% 25 108.3% 83 177.8% 647(A) PC LEWD CONDUCT 11 8 -27.3% 8 0.0% 16 100.0% 9 -43.8% 5 -44.4% 57 -54.5% DOMESTIC-220 PC ASLTTOCMMT/ATT 4 2 -50.0% 1 -50.0% 3 200.0% 14 366.7% 15 7.1% 39 275.0% 261 PC RAPE - NIR NC NC NC NC 14 NC 14 NC
288(C)(2) PC L&L W/ DEP ADULT 2 1 -50.0% 5 400.0% -100.0% 1 NC 3 200.0% 12 50.0% 285 PC INCEST 2 NC -100.0% 1 NC 1 0.0% -100.0% 4 NC
TOTAL 1357 1483 9.3% 1522 2.6% 1705 12.0% 1372 -19.5% 1648 20.1% 9087 21.4% NC - not calculable | please note that comparing small numbers may result in large percentage changes * As of January 1, 2015 the SJPD began adhering to the new UCR definition of Rape to align with the FBI's UCR Program. Please exercise caution when comparing data from 2015 onwards to prior years
COUNT OF PRIMARY OFFENSE
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
TABLE 1
THIS REPORT IS HIERARCHY BASED. CRIME TOTALS REFLECT ONE OFFENSE (THE MOST SEVER) PER INCIDENT.
These statistics are source from the San Jos é Police Department's records management system. They are not used to report to the FBI's Uniform Crime Reporting (UCR) Program and therefore should not be compared to the UCR submitted statistics. This report is run by the dates the crimes are reported and statistics may be subject to change due to the reclassification or unfounding of crimes.
INTERNAL STATUS 2016 2017 2018 2019 2020 2021 TOTAL % CHG 16 vs 21
DA SUBMISSIONS 470 532 560 679 793 815 3849 73.4%
K - LACK OF INVESTIGATIVE RESOURCES 541 584 638 537 4 2304 -100.0% E - ALL LEADS EXHAUSTED 56 60 60 63 163 364 766 550.0%
L - LAW ENFORCEMENT REJECT (INCLUDES CIVIL) 173 141 103 210 63 9 699 -94.8% X - TRANSFERRED TO OTHER AGENCY 77 93 116 100 104 187 677 142.9% O - OPEN 1 1 1 2 4 217 226 --
N - NON-WORKER (NO LEADS) 22 58 24 5 40 15 164 -31.8%
H - VICTIM REQUESTED CLOSURE 2 40 110 11 163 NC
G - LACK OF VIC COOPERATION (ATTEMPTS MADE/NO CONTACT) 1 51 87 8 147 NC Q - ADMINISTRATIVE ACTION 13 11 15 14 1 3 57 -76.9%
W - JUVENILE NON-CRIMINAL REFERRAL 2 2 1 3 3 3 14 50.0% P - PENDING LAB RESULTS 13 13 NC
B - RE-OPEN 1 1 1 3 6 200.0%
M - MISSING PERSON LOCATED (MP ONLY) 1 1 2 -100.0%
TOTAL 1357 1483 1522 1705 1372 1648 9087 21.4%
TABLE 1.A
COUNT OF INTERNAL CASE STATUS
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
*NOTE: DA Submissions is inclusive of: DA REJECT, COMPLAINT FILED, SUBMITTED FOR REVIEW, JUV CRIM REF, CLOSED NC - not calculable | please note that comparing small numbers may result in large percentage
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 2 Count of Primary Offense – Child Molest Category Only and Table 2.A Time Between Occurrence and Report Date provides a deeper analysis for cases where the Primary Offense is categorized as a Child Molest. The 3 offenses categorized as a Child Molest are:
1. 288(A) PC L&L with Under 14yrs
2. 647.6A1 PC Annoy/Molest Minor
3. 285 PC Incest
The monthly average in Table 2 shows that there are more incidents of child molest reported during months within the school year (September-May, except December) than summer and winter break months (June-Aug and December). Table 2.A shows that almost 55% of cases involving Child Molest are reported 11-days or more after the incident occurred, with 48% being reported within 10-days of the occurrence.
MONTH 2016 2017 2018 2019 2020 2021
Grand
Total MO AVG
Jan 46 47 45 54 76 45 313 52
Feb 57 51 42 33 61 51 295 49
Mar 49 53 65 60 44 72 343 57
Apr 66 43 61 50 29 61 310 52
May 61 56 39 85 25 61 327 55
Jun 35 39 32 82 28 46 262 44
Jul 43 30 33 66 49 66 287 48
Aug 45 50 28 63 37 29 252 42
Sep 49 42 86 73 53 49 352 59
Oct 54 73 47 43 42 53 312 52
Nov 74 42 26 52 38 66 298 50
Dec 39 40 45 35 36 32 227 38
TOTAL 618 566 549 696 518 631 3578 6-YR AVG
YEARLY AVERAGE 52 47 46 58 43 53 - 596
2016 2017 2018 2019 2020 2021 TOTAL
0-10 DAYS 333 282 268 349 209 285 1726
% OF TOTAL (<10) 53.9% 49.8% 48.8% 50.1% 40.3% 45.2% 48.2% 11+ DAYS 307 313 301 358 316 356 1951
% OF TOTAL (11+) 49.7% 55.3% 54.8% 51.4% 61.0% 56.4% 54.5% TABLE 2
COUNT OF PRIMARY OFFENSE - CHILD MOLEST CATEGORY ONLY
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
TABLE 2.A
TIME BETWEEN OCCURRENCE AND REPORT DATE
On average, more
incidents are
reported during the
school year than
summer and winter
break months
More incidents of Child
Molest are reported 11+
days after the incident
occurred
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 3 Count of Primary Offense – Rape Category Only and Table 3.A Time Between Occurrence and Report Date provides a deeper analysis for cases where the Primary Offense is categorized as a Rape. The 8 offenses categorized as a Rape are:
1. 261 PC Rape and NIR
2. 220 PC Rape Assault to Commit/Att
3. Domestic - 220 PC Rape Assault to Commit/Att
4. 289 PC Foreign Obj Penetration
5. 288A(A) PC Oral Copulation
6. 286 PC Sodomy
7. Domestic – 261 PC Rape
8. 262(A)(1) PC Rape Spouse
The monthly average in Table 3 shows that there are more incidents of Rape reported during months July – October. Table 3.A shows that almost 62% of cases involving Rape are reported within 10-days of the occurrence, with 38% being reported 11-days or after of the occurrence.
MONTH 2016 2017 2018 2019 2020 2021
Grand
Total MO AVG
Jan 27 47 29 57 45 27 232 39
Feb 36 44 42 32 49 51 254 42
Mar 37 47 53 55 47 52 291 49
Apr 40 47 34 43 27 61 252 42
May 41 50 49 57 31 63 291 49
Jun 33 47 47 45 49 72 293 49
Jul 33 45 58 60 63 75 334 56
Aug 51 40 42 62 65 65 325 54
Sep 32 44 65 51 44 68 304 51
Oct 36 54 62 56 47 69 324 54
Nov 38 49 43 58 48 58 294 49
Dec 30 27 54 62 36 53 262 44
TOTAL 434 541 578 638 551 714 3456 6-YR AVG
YEARLY AVERAGE 36 45 48 53 46 60 - 576
2016 2017 2018 2019 2020 2021 TOTAL
0-10 DAYS 295 363 362 403 321 412 2156
% OF TOTAL (<10) 68.0% 67.1% 62.6% 63.2% 58.3% 57.7% 62.4% 11+ DAYS 139 178 216 235 230 302 1300
% OF TOTAL (11+) 32.0% 32.9% 37.4% 36.8% 41.7% 42.3% 37.6% TABLE 3
COUNT OF PRIMARY OFFENSE - RAPE CATEGORY ONLY
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
TABLE 3.A
TIME BETWEEN OCCURRENCE AND REPORT DATE
On average,
more incidents
are reported
July-October
More incidents of Rape
are reported within 10
days or less after the
incident occurred
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
As demonstrated by Table 4.A Count and Heatmap of Age of Survivors at Time of Report (Juv and Adult), Survivors aged 12-17 (Adolescents) continue to be overrepresented. SAIU is continuing to work with the San José Police Department’s Crime Prevention Unit (CPU) to provide training to increase reporting and to raise awareness in the impacted communities. This is done by providing timely data (Age Range and Zip Code of Residence of survivors). Armed with the information, CPU Specialists can provide presentations in local schools, places of worship, businesses, and community forums in the languages preferred by the audience. For Count and Heatmap of Age of Arrestees, please refer to Table 4.B Count and Heatmap of Age of Arrestees at Time of Report (Juv and Adult) in Attachment A.
AGE 2016 2017 2018 2019 2020 2021 TOTAL AGE 2016 2017 2018 2019 2020 2021 TOTAL 0 2 3 2 7 46 5 16 10 11 10 8 60
1 3 2 3 2 1 11 47 7 9 12 5 12 8 53
2 5 5 5 9 6 5 35 48 5 16 11 18 10 20 80
3 20 5 12 17 12 6 72 49 5 6 11 7 13 10 52
4 22 11 13 26 14 16 102 50 9 11 3 10 7 6 46
5 15 16 15 21 11 13 91 51 2 2 7 4 8 11 34
6 12 14 16 32 16 12 102 52 5 8 13 8 12 7 53
7 24 16 24 16 16 15 111 53 4 6 6 10 6 9 41
8 27 18 14 16 21 13 109 54 4 4 4 11 4 5 32
9 23 23 23 15 25 28 137 55 6 2 7 7 1 5 28
10 31 27 38 45 25 24 190 56 1 3 5 4 8 2 23
11 40 48 43 40 25 53 249 57 5 5 6 5 4 9 34
12 59 50 72 90 52 54 377 58 3 3 5 4 6 6 27
13 69 117 86 101 76 77 526 59 4 2 8 6 4 2 26
14 102 106 112 98 86 103 607 60 2 2 6 7 3 2 22
15 116 132 107 127 87 116 685 61 1 6 5 5 4 3 24
16 124 153 133 129 88 97 724 62 3 5 5 4 2 19
17 102 113 129 134 106 116 700 63 2 5 2 2 3 2 16
18 48 35 37 55 44 45 264 64 1 2 1 5 2 11
19 27 29 26 37 35 39 193 65 2 1 1 2 2 1 9
20 23 37 36 39 33 36 204 66 1 2 2 5 3 13
21 32 41 33 31 37 34 208 67 1 3 3 3 1 11
22 20 20 33 34 26 35 168 68 1 1 3 1 6
23 29 25 22 35 21 35 167 69 1 2 2 4 9
24 18 29 18 27 26 29 147 70 1 1 2 1 4 2 11
25 20 25 21 30 23 30 149 71 1 3 1 2 2 9
26 13 25 19 28 19 33 137 72 1 1 1 3
27 20 18 25 23 31 25 142 73 1 2 3
28 21 14 13 21 19 31 119 74 2 2 2 1 7
29 22 12 23 23 20 24 124 75 1 2 3
30 10 14 20 20 25 32 121 76 1 2 2 1 1 7
31 17 18 15 19 29 18 116 77 1 1 1 1 2 6
32 14 15 15 11 19 19 93 78 1 2 1 2 6
33 9 23 13 21 16 21 103 79 1 1 2
34 14 15 22 14 17 16 98 80 1 1 2
35 16 12 9 22 19 19 97 81 1 1 1 3
36 12 14 11 12 23 15 87 82 1 1
37 8 12 17 13 15 18 83 83 1 1 2
38 6 13 13 18 15 15 80 84 1 1 2
39 11 8 8 11 13 33 84 85 1 1
40 5 12 19 9 20 11 76 90 1 1
41 8 9 14 12 3 16 62 91 1 1
42 3 14 6 11 18 15 67 92 1 1
43 7 14 10 13 13 15 72 93 1 1
44 9 11 11 10 10 13 64 94 1 1 2
45 8 13 10 5 11 7 54 TOTAL 1329 1511 1517 1679 1415 1566 9017 * Note: there was no Data (DOB) to calculate age for 366 Juv/Adult Victims in RMS TABLE 4.A
COUNT AND HEATMAP OF AGE OF SURVIVORS AT TIME OF REPORT (JUV AND ADULT) PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 5.A Top 20 Count and Heat Map of Zip Code of Juv-Survivors, shows geographical areas impacted by pediatric and adolescent sexual assault. Juvenile survivors who reside in 95122 or 95116 appear to be the top two (2) zip codes in Table 5.A. For Table 5.B that addresses adult survivors and 5.C addressing arrestees, please see Attachment A. # ZIP CODE 2016 2017 2018 2019 2020 2021 TOTAL
1 95122 72 72 63 69 42 46 364
2 95116 40 55 51 68 42 47 303
3 95111 44 67 57 48 32 31 279
4 95127 39 51 56 58 36 39 279
5 95112 35 36 47 43 40 38 239
6 95123 37 33 46 32 31 34 213
7 95125 31 41 25 33 17 14 161
8 95136 19 23 23 31 25 21 142
9 95118 17 29 24 33 17 18 138
10 95126 18 25 22 32 11 26 134
11 95124 28 20 30 21 17 13 129
12 95148 13 24 23 20 15 23 118
13 95117 20 23 20 13 16 25 117
14 95121 20 23 21 18 13 18 113
15 95110 15 18 21 26 8 19 107
16 95128 17 10 21 21 14 17 100
17 95120 11 20 18 20 13 12 94
18 95133 22 16 14 7 14 12 85
19 95132 16 12 14 16 10 7 75
20 95129 9 9 11 7 9 17 62
TABLE 5.A
TOP 20 COUNT AND HEAT MAP OF ZIP CODE OF JUV-SURVIVORS
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
ETHNICITY 2016 2017 2018 2019 2020 2021 TOTAL %
H - HISPANIC/LATIN/MEXICAN 511 570 571 621 433 500 3206 60.2% W - CAUCASIAN 126 114 153 172 122 132 819 15.4%
O - OTHER 107 98 75 82 97 88 547 10.3%
ASIAN* 55 80 99 91 78 99 502 9.4%
B - AFRICAN AMERICAN 38 40 31 40 34 42 225 4.2%
I - AMERICAN INDIAN/ALASKAN NATIVE 2 2 2 5 1 3 15 0.3%
X - UNKNOWN 4 2 4 10 0.2%
TOTAL 843 904 931 1011 767 868 5324 100.0%
*Asian is inclusive of: V-Vietnamese, F-Filipino, A-Other Asian, Z-Asian Indian, C-Chinese, P-Pacific Islander, S-Samoan, U-Hawaiian, J-Japanese, D-Cambodian, K-Korean, L-Laotian, G-Guamanian TABLE 6.A
COUNT AND HEAT MAP OF (JUVENILE) SURVIVOR ETHNICITY
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 6.A and 6.B Count and Heath Map of Juvenile and Adult Survivor Ethnicity shows the total count and percentage breakdown of ethnicity as identified by survivors.
Similar to 2020, the AAPI community continues to be, seemingly, underrepresented (9.4% of Juv-Survivors and 12.9% of Adult Survivors) in the count of survivor ethnicity based on their census majority in the city of San José.
SAIU SPECIFIC DATA
The bifurcation of the Special Victims Unit (SVU) from SAIU and the addition of a 4th SAIU Team (4 Detectives and 1 Sergeant) in March 2020 proved to be a positive and productive Departmental. Over the last two years, SAIU has made several changes to internal policy to provide excellent service to survivors of Sexual Assault. Table 7 Count of Internal Case Status (Closed by SAIU Only) depicts how SAIU closed 57.7% of its cases by referral to the District Attorney’s Office (DAO) for review in 2021. Referrals are up from 39.1% of the cases being referred to the DAO in 2017. Furthermore, SAIU closed 96.8% of its case by means of DAO Submission (57.7%), All Leads Exhausted (25.7%), and Transferred to Other Agency (13.5%).
This statistic indicates how SAIU only closed 3.2% of the cases assigned to the unit by 7 of the 10 internal statuses which are administrative in nature. Overall, from 2016 – 2021, SAIU submitted 45.8% of assigned and followed-up cases to the District Attorney’s office.
ETHNICITY 2016 2017 2018 2019 2020 2021 TOTAL %
H - HISPANIC/LATIN/MEXICAN 226 285 272 339 315 349 1786 45.1% W - CAUCASIAN 156 172 190 193 154 170 1035 26.1%
ASIAN* 64 82 91 77 100 97 511 12.9%
O - OTHER 41 51 51 47 49 42 281 7.1%
B - AFRICAN AMERICAN 32 41 26 52 35 48 234 5.9%
X - UNKNOWN 21 20 7 15 13 23 99 2.5%
I - AMERICAN INDIAN/ALASKAN NATIVE 2 3 1 4 3 3 16 0.4%
TOTAL 542 654 638 727 669 732 3962 100.0%
TABLE 6.B
COUNT AND HEAT MAP OF (ADULT) SURVIVOR ETHNICITY
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
*Asian is inclusive of: V-Vietnamese, F-Filipino, A-Other Asian, Z-Asian Indian, C-Chinese, P-Pacific Islander, S-Samoan, U-Hawaiian, J-Japanese, D-Cambodian, K-Korean, L-Laotian, G-Guamanian INTERNAL STATUS 2016 % OF 2016
TOTAL 2017 % OF 2017 TOTAL 2018 % OF 2018 TOTAL 2019 % OF 2019 TOTAL 2020 % OF 2020 TOTAL 2021 % OF 2021 TOTAL TOTAL % OF TOTAL DA SUBMISSIONS* 590 39.3% 695 39.1% 680 40.8% 883 44.7% 763 58.3% 779 57.7% 4390 45.8% K - LACK OF INVESTIGATIVE RESOURCES 536 35.7% 582 32.8% 632 38.0% 541 27.4% 4 0.3% 0.0% 2295 24.0% L - LAW ENFORCEMENT REJECT (INCLUDES CIVIL) 196 13.1% 168 9.5% 118 7.1% 256 12.9% 60 4.6% 2 0.1% 800 8.4% X - TRANSFERRED TO OTHER AGENCY 80 5.3% 192 10.8% 120 7.2% 107 5.4% 103 7.9% 182 13.5% 784 8.2% E - ALL LEADS EXHAUSTED 56 3.7% 62 3.5% 65 3.9% 71 3.6% 154 11.8% 347 25.7% 755 7.9% H - VICTIM REQUESTED CLOSURE 0.0% 0.0% 1 0.1% 38 1.9% 101 7.7% 9 0.7% 149 1.6% N - NON-WORKER (NO LEADS) 20 1.3% 60 3.4% 27 1.6% 3 0.2% 32 2.4% 9 0.7% 151 1.6% G - LACK OF VIC COOPERATION (ATTEMPTS MADE/NO CONTACT) 0.0% 0.0% 1 0.1% 51 2.6% 83 6.3% 4 0.3% 139 1.5% Q - ADMINISTRATIVE ACTION 18 1.2% 13 0.7% 20 1.2% 22 1.1% 6 0.5% 0.0% 79 0.8% W - JUVENILE NON-CRIMINAL REFERRAL 3 0.2% 3 0.2% 1 0.1% 3 0.2% 3 0.2% 3 0.2% 16 0.2% P - PENDING LAB RESULTS 0.0% 0.0% 0.0% 1** 0.1% 0.0% 13 1.0% 14 0.1% B - RE-OPEN 1 0.1% 1 0.1% 0.0% 1 0.1% 0.0% 3 0.2% 6 0.1% TOTAL 1500 1776 1665 1977 1309 1351 9578 100.0%
TABLE 7
COUNT OF INTERNAL CASE STATUS (CLOSED BY SAIU ONLY***)
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
*DA Submissions is inclusive of: DA REJECT, COMPLAINT FILED, SUBMITTED FOR REVIEW, JUV CRIM REF, CLOSED JUDICIAL **Specimens were resubmitted in 2021
***NOTE: In March of 2020, three (3) investigative units (ICAC/Child Exploits Detail, Human Trafficking detail, Megan's Law/290) were removed from SAIU to create the Special Victims Unit (SVU). The data reflects Case Closure by SAIU ORG Handles: IS1, IS2, IS3, IS4, I290, ISACM, ISIC, ISCF to include cases closed prior to the March 2020 Bi-Furcation. 1,109 Primary Offenses investigated prior to the bi-furcation included 290(B) PC SEX FAIL TO REG/FEL, 290(B) PC SEX FAIL TO REG/MISD, 311 PC OBSCENE MATTER.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 7.A Count of Internal Case Status (Closed by SAIU Only) shows the decrease of cases closed administratively and the increase of cases submitted to the DA before and after the bifurcation in March 2020. Cases with primary offenses categorized as a Child Molest2that were closed administratively declined by 97.3% from 2016 to 2021. However, Child Molest cases submitted to the DA increased by 46.7% and those closed by All Leads Exhausted increased by 425.0% from 2016 to 2021. Cases with primary offenses categorized as a Rape3that were administratively closed decreased by 89.2% from 2016 to 2021, whereas Rape cases submitted to the DA increased by 137.1%. Cases closed by All Leads Exhausted increased by 1000%.
COVID-19 Impact
2 Offenses categorized as a Child Molest include: 647.6A1 PC Annoy/Molest Minor, 288(A) PC L&L w/ Under 14 Yrs, 285 PC Incest
3 Offenses categorized as a Rape include: 261 PC Rape, 220 PC Rape Asslt to Commit/Att, 289 PC Foreign Obj Penetration, 288A(A) PC Oral Copulation, 286 PC Sodomy, Domestic – 261 PC Rape, 262(A)(1) PC Rape Spouse, Domestic – 220 PC Asslt to Commit/Att
INTERNAL STATUS 2016 2017 %CHG
2016 vs. 2017 2018 %CHG2017 vs. 2018 2019 %CHG2018 vs. 2019 2020 %CHG2019 vs. 2020 2021 %CHG2020 vs. 2021 TOTAL %CHG2016 vs. 2021 CHILD MOLEST 599 548 529 672 464 500 3312
ADMIN CLOSURE 328 294 -10.4% 255 -13.3% 348 36.5% 88 -74.7% 9 -89.8% 1322 -97.3% DA SUBMISSION 195 179 -8.2% 190 6.1% 260 36.8% 266 2.3% 286 7.5% 1376 46.7% E - ALL LEADS EXHAUSTED 24 21 -12.5% 21 0.0% 16 -23.8% 51 218.8% 126 147.1% 259 425.0% X - TRANSFERRED TO OTHER AGENCY 52 54 3.8% 63 16.7% 48 -23.8% 59 22.9% 78 32.2% 354 50.0% O - OPEN NC NC NC NC 1 NC 1 NC
RAPE 427 519 558 626 527 599 3256
ADMIN CLOSURE 259 302 16.6% 320 6.0% 310 -3.1% 128 -58.7% 28 -78.1% 1347 -89.2% DA SUBMISSION 143 185 29.4% 188 1.6% 248 31.9% 309 24.6% 339 9.7% 1412 137.1% E - ALL LEADS EXHAUSTED 14 20 42.9% 16 -20.0% 28 75.0% 63 125.0% 154 144.4% 295 1000.0% X - TRANSFERRED TO OTHER AGENCY 11 12 9.1% 34 183.3% 40 17.6% 27 -32.5% 78 188.9% 202 609.1% SEX 230 294 302 275 204 191 1496
ADMIN CLOSURE 126 165 31.0% 169 2.4% 155 -8.3% 53 -65.8% 5 -90.6% 673 -96.0% DA SUBMISSION 84 101 20.2% 104 3.0% 97 -6.7% 114 17.5% 112 -1.8% 612 33.3% E - ALL LEADS EXHAUSTED 12 7 -41.7% 13 85.7% 12 -7.7% 28 133.3% 49 75.0% 121 308.3% X - TRANSFERRED TO OTHER AGENCY 8 21 162.5% 16 -23.8% 11 -31.3% 9 -18.2% 25 177.8% 90 212.5% INDECENT EXP 67 75 77 60 58 58 395
ADMIN CLOSURE 26 21 -19.2% 22 4.8% 35 59.1% 7 -80.0% 1 -85.7% 112 -96.2% DA SUBMISSION 38 48 26.3% 49 2.1% 21 -57.1% 38 81.0% 39 2.6% 233 2.6% E - ALL LEADS EXHAUSTED 2 6 200.0% 5 -16.7% 4 -20.0% 11 175.0% 17 54.5% 45 750.0% X - TRANSFERRED TO OTHER AGENCY 1 -100.0% 1 NC -100.0% 2 NC 1 -50.0% 5 0.0% L & L 2 1 5 1 2 11
ADMIN CLOSURE 2 1 -50.0% 1 0.0% -100.0% 1 NC -100.0% 5 -100.0% DA SUBMISSION NC 1 NC -100.0% NC 2 NC 3 NC
E - ALL LEADS EXHAUSTED NC 1 NC -100.0% NC NC 1 NC
X - TRANSFERRED TO OTHER AGENCY NC 2 NC -100.0% NC NC 2 NC Grand Total 1325 1437 1471 1633 1254 1350 8470
TABLE 7.A
COUNT OF INTERNAL CASE STATUS (CLOSED BY SAIU ONLY***)
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
*DA Submissions is inclusive of: DA REJECT, COMPLAINT FILED, SUBMITTED FOR REVIEW, JUV CRIM REF, CLOSED JUDICIAL **Specimens were resubmitted in 2021
***NOTE: In March of 2020, three (3) investigative units (ICAC/Child Exploits Detail, Human Trafficking detail, Megan's Law/290) were removed from SAIU to create the Special Victims Unit (SVU). The data reflects Case Closure by SAIU ORG Handles: IS1, IS2, IS3, IS4, I290, ISACM, ISIC, ISCF to include cases closed prior to the March 2020 Bi-Furcation. 1,109 Primary Offenses investigated prior to the bi-furcation included 290(B) PC SEX FAIL TO REG/FEL, 290(B) PC SEX FAIL TO REG/MISD, 311 PC OBSCENE MATTER. 617 cases not closed by SAIU were filtered out NC - not calculable | please note that comparing small numbers may result in large percentage changes 2016 2017 %CHG
2016 vs 2017 2018 %CHG2017 vs 2018 2019 %CHG2018 vs 2019 2020 %CHG2019 vs 2020 2021 %CHG2020 vs 2021 TOTAL CASES REPORTED 1357 1483 9.3% 1522 2.6% 1705 12.0% 1372 -19.5% 1648 20.1% 9087 TABLE 8
COUNT OF CASES REPORTED INVOLVING A SEX CRIME* AS A PRIMARY OFFENSE PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
THIS REPORT IS HIERARCHY BASED. CRIME TOTALS REFLECT ONE OFFENSE (THE MOST SEVERE) PER INCIDENT.
These statistics are sourced from the San José Police Department's records management system. They are not used to report to the FBI's Uniform Crime Reporting (UCR) Program and therefore should not be compared to the UCR submitted statistics. This report is run by the dates the crimes are reported and statistics may be subject to change due to the reclassification or unfounding of crimes.
*Sex Crime for the purpose of this report involves an offense categorized as a Child Molest, Rape, Sex, Lewd and Lascivious, and Indecent Exposure
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Table 8 Count of Cases Involving a Sex Crime as a Primary Offense and Table 8.A Count of Cases Reported – Monthly Breakdown illustrate the fluctuation in the number of cases over the course of the COVID-19 pandemic. Cases showed a sharp decline in calendar year 2020, the year the Shelter in Place orders were put into place; however, case numbers rebounded in calendar year 2021.
Housing Opportunities
The City’s Public Safety, Finance and Strategic Support Committee and the County’s Children, Seniors and Families Committee held a joint meeting on April 29, 2021 where the committee members received a report from the County of Santa Clara Office of Supportive Housing, the City of San José Housing Department, Destination: Home and Community Solutions on housing options and opportunities for survivors of gender-based violence and child sexual abuse. As a result of this meeting, the City and the County formed a Housing Working Group. The Working Group is comprised of City and County staff and representatives from community-based organizations. The purpose of this group is to develop a set of recommendations to increase housing and childcare options for victims of gender-based violence.
The Working Group began meeting in May 2021. As reported to the PSFSS Committee at its November 2021 meeting, the working group has identified the following challenges and opportunities.
Challenges:
• Funding: most funding available is for permanent housing; it takes time to get new development underway, complicated financing, and California Tax Credit Allocation Committee requirements;
• Confidentiality: ensuring confidentiality in compliance with Violence Against Women Act;
MONTH 2016 2017 %CHG
2016 vs 2017 2018 %CHG 2017 vs 2018 2019 %CHG
2018 vs 2019 2020 %CHG 2019 vs 2020 2021 %CHG 2020 vs 2021 TOTAL Jan 102 109 6.9% 111 1.8% 139 25.2% 156 12.2% 91 -41.7% 708 Feb 109 116 6.4% 106 -8.6% 87 -17.9% 150 72.4% 115 -23.3% 683 Mar 109 136 24.8% 145 6.6% 143 -1.4% 121 -15.4% 149 23.1% 803 Apr 128 129 0.8% 122 -5.4% 130 6.6% 76 -41.5% 149 96.1% 734 May 128 148 15.6% 120 -18.9% 178 48.3% 77 -56.7% 152 97.4% 803 Jun 89 110 23.6% 107 -2.7% 159 48.6% 103 -35.2% 142 37.9% 710 Jul 99 101 2.0% 131 29.7% 155 18.3% 140 -9.7% 168 20.0% 794 Aug 136 134 -1.5% 94 -29.9% 157 67.0% 123 -21.7% 124 0.8% 768 Sep 109 110 0.9% 207 88.2% 162 -21.7% 119 -26.5% 147 23.5% 854 Oct 121 160 32.2% 153 -4.4% 124 -19.0% 117 -5.6% 155 32.5% 830 Nov 135 136 0.7% 99 -27.2% 152 53.5% 104 -31.6% 147 41.3% 773 Dec 92 94 2.2% 127 35.1% 119 -6.3% 86 -27.7% 109 26.7% 627 TOTAL 1357 1483 9.3% 1522 2.6% 1705 12.0% 1372 -19.5% 1648 20.1% 9087 THIS REPORT IS HIERARCHY BASED. CRIME TOTALS REFLECT ONE OFFENSE (THE MOST SEVERE) PER INCIDENT.
These statistics are sourced from the San José Police Department's records management system. They are not used to report to the FBI's Uniform Crime Reporting (UCR) Program and therefore should not be compared to the UCR submitted statistics. This report is run by the dates the crimes are reported and statistics may be subject to change due to the reclassification or unfounding of crimes.
TABLE 8.A
COUNT OF CASES REPORTED - MONTHLY BREAKDOWN
PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
• Framing: the philosophical local system framing for housing is to address homelessness, not to serve survivors of gender-based violence; and
• Systems: addressing systems challenges such as ensuring the confidentiality of referrals between the coordinated assessment in the homeless system and the confidential queue for survivors of gender-based violence.
Opportunities:
• Funding: there is funding available with State sources such as Homeless Housing Assistance and Prevention and local sources such as City Measure E and County Measure A;
• Systems: there is a coordinated housing system countywide with existing opportunities for survivors of gender-based violence.
The Working group has formed subcommittees on the topics of emergency shelter, transitional housing and permanent affordable housing to work on these issues. The working group plans to finalize a preliminary set of recommendations in Summer 2022.
Sexual Assault Bill of Rights
On April 13, 2021 City Council meeting Councilmembers Sylvia Arenas, Magdalena Carrasco, Dev Davis, Maya Esparza, and Pam Foley issues a joint memorandum that recommended, in part:
Direct the City Manager to return to the PSFSS Committee with a report evaluating the City’s implementation of the Sexual Assault Bill of Rights as part of the Sexual Assault Response and Strategy Workplan and include community advocate agency feedback including but not limited to Asian Americans for Community Involvement, Next Door Solutions to Domestic Violence, and YWCA of Silicon Valley.
The City Council approved this recommendation. SAIU personnel developed a three-prong approach to implement the Council’s direction, summarized below. Additional detail is provided in Attachment B.
1. Create Applicable Duty Manual Sections - Accomplished a. The following Duty Manual Sections were added to respond, specifically, to the council members direction:
i. L 6001.5 - Mandatory Reporting for Sexual Assault
ii. L 6009.7 - Notification of Sexual Assault Bill of Rights iii. L 6009.8 – Notification of Right to Have a Survivor Advocate and Support Person
2. Evaluate and Reformat Department Resource Cards – In Process a. The Sexual Assault resource card was evaluated and suggestions from council, the mayor, and community partners were incorporated.
b. The English card was approved by Assistant District Attorney Terry Harman. c. The cards were translated into Spanish, Vietnamese, and Mandarin. d. The cards are in the process of being printed.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
3. Collaborate with Advocate and Community Partners – Accomplished/On-Going a. SAIU personnel collaborated with Asian Americans for Community Involvement, Next Door Solutions to Domestic Violence, and YWCA Golden Gate Silicon Valley to update the Sexual Assault resource card. In addition, YWCA personnel were included in the conversation to create the applicable Duty Manual sections.
It should be noted that the YWCA meet with SAIU leadership on a monthly basis and, continuously, provides the department with insight, suggestions, and support to further improve our ability to provide quality services to survivors of Sexual Assault. Lastly, SAIU personnel are members of the Santa Clara County SART Committee and the Children’s Advocacy Center of Santa Clara County where many of the listed community partners participate in collaboration.
Gender-Based Violence Response and Strategy Work Plan
The Police Department maintains a work plan for items related to improving response to genderbased violence. Updates on the status of this workplan are provided to the PSFSS Committee as part of the Police Department’s Operations and Performance Bi-monthly Status Report. A comprehensive update on the status of that work plan is included in Attachment C.
Grant Awards
From March – October 2020, the SAIU conducted a Sexual Assault Evidence Kit Audit of kits obtained prior to October 1, 2018, as part of the California Department of Justice’s nationwide Untested Sexual Assault Evidence Kits Report to the Legislature. SAIU found 713 kits in the Department’s possession were untested and sixteen (16) SAFE Kits were not tested due to being Non-Investigative Reports (NIR).
In May 2021, the SAIU Commander, the SAIU Crime & Intelligence Analyst, and the SJPD Fiscal Unit applied for two grants to test the untested kits. The Department has been awarded the following grants:
1. On October 6, 2021, the Department was notified of the $22,516 award (DOJ-USAEGBacklog Reduction-2020-2021-01.) This grant is a “matching grant” therefore the total amount received is $45,032.
2. On December 16, 2021, the Department was notified of the $1,425,000 award (15PBJA21-GG-04346-SAKI Notification).
SAIU personnel will utilize the $1,470,032 to test the Departments entire backlog of untested SAFE Kits.
Pediatric Medical Handoffs
On October 13, 2021, SAIU and the Pediatric Medical Team started a pilot program requiring all children who are interviewed at the Children’s Advocacy Center of Santa Clara County (CAC) to be offered a medical examination regardless of whether the Department authorized a SAFE. The below table shows a breakdown of the number of SAFEs that were authorized and not authorized by the Department. As noted above, SAFEs were offered even in cases where they were not
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
authorized. The table also shows the number of tests that were accepted or declined in each category.
YWCA Advocate Referrals
Through collaboration with members of the YWCA Golden Gate Silicon Valley, SAIU members have continued to improve the referral process—connecting more survivors to advocates. Gaps in SAIU “Call-Outs” and “Detective Ramp-Ups” were identified and filled by having multiple meetings with SAIU and YWCA personnel. Further, both SAIU and YWCA personnel provided insight about workflows and the realities related to one another’s fields. These conversations helped to increase the number of survivors who receive advocacy. Lastly, the YWCA created a URL for making online referrals, which aides in the rapid referral of survivors. Chart 2 YWCA Advocate Referrals shows the drastic difference in referrals to the YWCA Golden Gate Silicon Valley from SAIU between 2020 and 2021. Percent changes are represented in Table 10 YWCA Advocate Referrals. The YWCA URL was created and implemented in February 2021. We see the URL’s positive impact starting March 2021 with a 1166.7% increase from March of the prior year (March 2020). Overall, 2021 showed a 576.3% increase in YWCA Advocate Referrals, in comparison to 2020.
Authorized %
Authorized
Not
Authorized
% Not
Authorized TOTAL % of TOTAL
Declined 9 28.1% 43 72.9% 52 57.1%
Accepted 23 71.9% 9 15.3% 32 35.2%
In Consideration 5 8.5% 5 5.5%
STI or Labs Only 2 3.4% 2 2.2%
TOTAL 32 59 91 100.0%
*Authorized indicates cases that Qualified for a SART Exam **Not Authorized indicates cases that did not Qualify for a SART Exam TABLE 9
COUNT OF PEDIATRIC MEDICAL HANDOFFS
PERIOD: October 13, 2021- January 27, 2022 YR 2020 2021 20-21% CHG JAN 4 19 375.0%
FEB 4 12 200.0%
MAR 3 38 1166.7%
APR 5 46 820.0%
MAY 1 50 4900.0%
JUN 3 38 1166.7%
JUL 3 49 1533.3%
AUG 1 28 2700.0%
SEP 9 52 477.8%
OCT 11 76 590.9%
NOV 13 60 361.5%
DEC 23 73 217.4%
TOTAL 80 541 576.3%
TABLE 10
YWCA ADVOCATE REFERRALS
PERIOD: JAN - DEC 2020 vs. 2021
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Duty Manual Revisions
On October 22, 2021, sixteen (16) additional Duty Manual sections related to the investigation of Sexual Assault were revised, or added, to rephrase and elucidate language to better align the Department with best practices and amendments to the California Penal Code. See SJPD Memo #2021-032 for details (refer to Attachment D for details). 13 Revisions to the following Duty Manual sections were made:
1. L 2214 Procedure to be followed when a survivor who is a minor, discloses engaging in unlawful sexual intercourse (Penal Code 261.5) during the investigation of another crime
2. L 6000 Investigation of Sex Crimes
3. L 6001 Sex Crimes - Definitions
4. L 6002.5 Non-Investigative Report
5. L 6003 Subsequent Survivor’s Statements
6. L 6004 Collection of Evidence at the Scene
7. L 6005 Collection of Additional Evidence from Survivor and Suspect (investigating Officer)
8. L 6006 Medical Reports (Investigating Officer)
9. L 6007 Consent to Perform Sexual Assault Forensic Examination (SAFE) (Investigating Officer)
10. L 6008 Medical Examination Facilities
11. L 6009.5 Notification of Rights to Confidentiality to Survivor of Sex Crimes
12. R 1526.5 Strangulation Resource Card
13. R 15366 Domestic Violence Supplemental Template and Domestic Violence Sexual Assault Human Trafficking Assessment Template
3 Duty Manual sections were added:
14. L 6001.5 Mandatory Reporting for Sexual Assault
15. L 6009.7 Notification of Sexual Assault Bill of Rights
16. L 6009.8 Notification of Right to Have a Survivor Advocates and Support Person Advocacy Audit
On March 11, 2021, the Office of the City Auditor completed an audit regarding how the San José Police Department provides advocacy. “The Purpose of the audit was to assess protocols for and timeliness of community advocate referrals for [survivors] of sexual assault, domestic violence, child/sexual abuse, and human trafficking.” The audit has six recommendations directed the Sexual Assault Investigations Unit (SAIU), Family Violence Unit (FVU), and the Special Victims Unit (SVU). The following are examples of work undertaken by SAIU to implement the audit recommendations:
1. Modification of the Sexual Assault Resource Card;
2. Modification of the YWCA Advocate Referral Standard Operating Procedure;
3. Addition of Duty Manual Section L 6017 – ADVOCACY REFERALS;
4. Addition of Duty Manual Section L 6009.8 – NOTIFICATION OF RIGHT TO HAVE A SURVIVOR ADVOCATE AND SUPPORT PERSON;
5. Creation of URL to refer survivors to the YWCA in a timely fashion; and
6. Creation of the Ally Officer Program.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
For a more detailed description of these efforts, please see Attachment E.
Intersectionality Tool Modification
On November 22, 2021, the Intersectionality Tool was revised based on Councilmember Sylvia Arenas’ recommendation that the tool to be employed in cases of Sexual Assault and Human Trafficking. Previously, the Intersectionality Tool was only being used in case of Domestic Violence to reveal unreported Sexual Assault and Human Trafficking. Based on the revision, the Intersectionality Tool is now used in cases of Domestic Violence, Sexual Assault, and Human Trafficking. See SJPD Memo #2021-038 for details.
Challenges and Moving Forward
The San José Police Department was not awarded the Office of Violence Against Women grant, which funds SAIU’s In-House YWCA Advocate. A Budget Proposal was submitted requesting on-going funding for the In-House Advocate. Not having a full-time advocate assigned to SAIU will have an impact on our service model and the goal of providing timely advocacy to all survivors of Sexual Assault who choose advocacy.
In addition, SVU submitted a Budget Proposal to fund an analyst in SVU. Currently, the lieutenants in SAIU, SVU, and FVU all rely on one analyst to supply data to make data-informed decisions. Increasing the capacity will benefit survivors of Gender-Based Violence and increase our capacity to provide prevention and intervention.
SAIU will continue to partner with Crime Prevention Unit Specialists to provide Prevention and Intervention services to communities experiencing higher levels of abuse. It is always the goal of SAIU to increase reporting and to provide services to survivors of Sexual Assault.
Lastly, SAIU personnel recognize the disparity in the reporting of sexual assault in the Asian community. Therefore, SAIU personnel will work more closely with all ethnic-based agencies (with an emphasis on the Asian service providers) to ensure that we have a more equitable approach to education and to intervention in those communities. We recognize that the reporting of sexual assault is, seemingly, underreported in the Asian communities.
COORDINATION:
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
/s/
Anthony Mata
Chief of Police
For questions regarding the Sexual Assault Investigations Unit, please contact Lieutenant Ken Tran, at (408) 277-4102.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachments:
Attachment A: Crime Statistics and Trends
Attachment B: Implementation of the Sexual Assault Bill of Rights Attachment C: Sexual Assault Response and Strategy Work Plan Update Attachment D: Duty Manual Revisions Update
Attachment E: Advocacy Audit Update
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachment A: Crime Statistics and Trends
*Excludes 290(B) PC Sex Fail to Reg/Fel, 290(B) PC Sex Fail to Reg/Misd, 311 PC Obscene Matter AGE 2016 2017 2018 2019 2020 2021 TOTAL AGE 2016 2017 2018 2019 2020 2021 TOTAL 9 1 1 46 4 4 2 8 5 5 28
10 1 1 47 3 5 5 5 2 4 24
11 3 1 1 5 48 2 3 3 5 6 2 21
12 5 2 2 1 3 1 14 49 1 7 2 8 3 5 26
13 6 21 4 7 3 4 45 50 4 3 8 2 5 22
14 10 7 2 9 4 5 37 51 3 1 3 3 10 5 25
15 6 12 4 10 13 6 51 52 4 9 1 3 3 5 25
16 6 12 5 7 12 5 47 53 3 3 4 6 1 4 21
17 8 7 7 3 9 10 44 54 11 1 6 3 6 1 28
18 2 3 1 5 9 3 23 55 2 7 6 2 7 4 28
19 4 2 1 7 7 2 23 56 3 2 4 3 3 5 20
20 3 1 6 4 8 7 29 57 2 4 6 7 4 4 27
21 5 1 7 4 6 1 24 58 2 3 2 1 3 5 16
22 6 3 6 5 8 6 34 59 5 2 6 4 6 3 26
23 3 8 6 5 7 10 39 60 4 2 4 5 3 1 19
24 5 8 4 5 6 7 35 61 1 3 3 2 2 3 14
25 6 5 9 7 11 8 46 62 1 4 6 2 2 15
26 4 2 4 7 17 3 37 63 2 2 1 4 2 2 13
27 5 3 5 10 4 12 39 64 1 1 1 2 3 8
28 7 11 7 18 8 14 65 65 1 4 2 7
29 9 2 8 8 11 8 46 66 1 3 4
30 6 7 6 2 7 13 41 67 1 3 1 3 8
31 4 3 5 10 9 11 42 68 2 2 1 3 1 9
32 7 8 9 9 11 8 52 69 1 1
33 10 9 6 7 10 6 48 70 2 1 1 1 1 1 7
34 7 4 9 14 11 6 51 73 1 1 2 1 5
35 2 6 5 9 7 5 34 74 4 1 1 6
36 6 3 11 11 10 11 52 75 2 1 3
37 5 4 2 4 13 12 40 76 2 2
38 2 9 7 7 15 7 47 77 1 1
39 2 6 7 7 11 7 40 78 1 1
40 4 6 8 6 13 7 44 80 1 1
41 8 4 6 2 7 11 38 81 2 1 3
42 7 3 3 5 2 7 27 82 1 1
43 4 5 2 8 6 5 30 83 1 1
44 6 5 4 5 8 5 33 88 1 1
45 1 1 4 5 6 3 20 TOTAL 250 263 251 332 384 311 1791
* Note: there was no Data (DOB) to calculate age for 1 Juv/Adult Arrestees in RMS TABLE 4.B
COUNT AND HEATMAP OF AGE OF ARRESTEES AT TIME OF REPORT (JUV AND ADULT) PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
Attachment A
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
# ZIP CODE 2016 2017 2018 2019 2020 2021 TOTAL
1 95112 39 47 57 50 56 51 300
2 95116 31 27 22 26 30 36 172
3 95127 26 24 28 23 32 26 159
4 95122 21 31 16 27 30 33 158
5 95123 17 22 19 34 35 27 154
6 95111 20 20 14 22 20 35 131
7 95125 18 18 23 17 18 19 113
8 95110 10 22 14 16 26 16 104
9 95126 6 15 17 11 19 20 88
10 95148 10 10 17 7 14 20 78
11 95121 10 15 15 15 12 10 77
12 95128 14 13 14 16 12 7 76
13 95118 8 11 16 7 16 14 72
14 95136 11 9 13 16 8 14 71
15 95124 11 12 18 9 11 10 71
16 95117 9 11 13 7 9 11 60
17 95132 7 9 8 10 3 14 51
18 95133 5 11 5 9 9 12 51
19 95113 11 7 7 10 6 6 47
20 95129 8 9 8 7 4 3 39
TABLE 5.B
TOP 20 COUNT AND HEAT MAP OF ZIP CODE OF ADULT SURVIVORS PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
# ZIP CODE 2016 2017 2018 2019 2020 2021 TOTAL
1 95112 21 29 22 27 33 26 158
2 95122 25 21 22 27 25 25 145
3 95116 17 8 14 22 27 27 115
4 95111 17 23 18 23 18 11 110
5 95127 13 14 12 16 20 13 88
6 95110 9 18 17 11 21 10 86
7 95113 12 9 12 21 13 5 72
8 95123 10 9 12 13 15 11 70
9 95126 4 8 5 15 12 10 54
10 95117 12 7 7 4 8 11 49
11 95136 4 9 6 6 11 11 47
12 95125 9 3 5 12 7 7 43
13 95148 5 3 8 5 11 10 42
14 95118 5 7 5 7 10 4 38
15 95133 5 5 3 5 9 7 34
16 95132 3 2 7 7 8 7 34
17 95124 4 2 6 8 9 4 33
18 95128 1 6 7 5 4 9 32
19 95121 5 5 2 4 9 4 29
20 95020 2 6 3 7 3 21
TABLE 5.C
TOP 20 COUNT AND HEAT MAP OF ZIP CODE OF ADULT/JUV ARRESTEES PERIOD: JANUARY 1, 2016 - DECEMBER 31, 2021
Attachment A
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachment B: Implementation of the Sexual Assault Bill of Rights SAIU members have been working diligently to implement Duty Manual sections, evaluate and reformat the resource card, and collaborate with advocate and community partners to improve our delivery related to the Sexual Assault Bill of Rights. The following work items are divided into three phases: Completed, In Process, or Pending:
1. Create Applicable Duty Manual Sections - Completed
a. The following Duty Manual Sections were added to respond, specifically, to the council members direction:
i. L 6001.5 - Mandatory Reporting for Sexual Assault (added 10-22-2021) Mandatory reporting is required when knowledge or reasonable suspicion of child abuse or neglect or sexual abuse including assault or exploitation is obtained in the reporter’s professional capacity or within the scope of his or her employment. Failure of a mandated reporter to report suspected abuse is a misdemeanor.
A mandated reporter of child physical or sexual abuse under the Child Abuse and Neglect Reporting act is not required to report consensual vaginal intercourse unless it fits P.C. 261.5(d) (a person 21 years of age or older having intercourse with a minor under age 16). This includes voluntary conduct in violation of P.C. 286 (sodomy), 287 (oral copulation), or 289 (sexual penetration), if there are no indicators of abuse, unless the conduct is between a person 21 years of age or older and a minor under age 16. For example, voluntary oral copulation between a 19- year-old and a 15- year-old would not be required to be reported if there are no indications of abuse. Pursuant to existing law, this is to make it consistent with the reporting of all four types of sexual conduct in order to equalize the reporting of heterosexual sexual conduct and LGBTQ+ sexual conduct.
This does not preclude officers from documenting ALL incidents of alleged or suspected sexual or physical child abuse, endangerment or neglect, including cases which are unfounded and acts which result in non-accidental injury of a child, even if it does not rise to the level of a crime, on a General Offense (GO) report, in addition to other forms required to investigate or process the case as required by Duty Manual Section L 3027 REPORTING. ii. L 6009.7 - Notification of Sexual Assault Bill of Rights (added 10-22-2021) Law enforcement agencies are mandated to develop a card which explains the rights of sexual assault survivors, pursuant to Penal Code Section 680.2 (Form 200-45c - Your Rights as a Survivor of Sexual Assault).
Upon the initial interaction with a sexual assault survivor, law enforcement officers shall provide the survivor of a sexual assault with a notification card, consistent with L 6009. This card shall include, but is not limited to, all of the following:
Attachment B
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
• A clear statement that a sexual assault survivor is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain his or her rights under law.
• Telephone or Internet Web site contact information for a nearby rape crisis center and sexual assault counselor.
• Information about the types of law enforcement protection available to the sexual assault survivor, including a temporary protection order, and the process to obtain that protection. • Instructions for requesting the results of the analysis of the survivor’s sexual assault forensic exam.
• Information about state and federal compensation funds for medical and other costs associated with the sexual assault and information on any municipal, state, or federal right to restitution for sexual assault survivors if a criminal trial occurs.
• A clear statement that the survivor has the right to have a sexual assault counselor and at least one other support person of the survivor’s choosing present at any initial medical evidentiary examination, physical examination, or investigative interview arising out of a sexual assault, and that a sexual assault counselor can be contacted 24 hours a day. • Information about the rate of potential evidence degradation. • A clear statement that if sexual assault forensic evidence will be tested, it should be transported to the crime laboratory and analyzed within the time limits imposed by subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of Section 803. • A clear statement that the law enforcement agency or crime laboratory will retain the sexual assault forensic evidence for at least 20 years, or if the survivor was under 18 years of age at the time of the alleged offense, at least until the survivor’s 40th birthday. • A law enforcement official shall, upon written request by a sexual assault survivor, furnish a free copy of the initial crime report related to the sexual assault, regardless of whether the report has been closed by the law enforcement agency, to the survivor. A law enforcement agency may redact personal, identifying information in the copy furnished to the survivor. • A prosecutor shall, pursuant to Section 290.46, upon written request by a sexual assault survivor, provide the convicted defendant’s information on a sex offender registry to the survivor, if the defendant is required to register as a sex offender. • The law enforcement agency shall provide sufficient copies of the card described in subdivision (a) to each provider in its jurisdiction of medical evidentiary examinations or physical examinations arising out of sexual assault.
iii. L 6009.8 – Notification of Right to Have a Survivor Advocate and Support Person (added 10-22- 2021)
An initial investigation by an officer to determine whether a crime has been committed and the identity of the suspect(s) shall not constitute as an interview by law enforcement for the purposes of Penal Code Section 679.04.
Attachment B
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Before the conclusion of the initial investigation to determine whether a crime was committed and the identity the suspect(s), and prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, the officer shall notify the survivor of a sexual assault as a result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 in writing that they have the right to have a survivor advocate and a support person of the survivor’s choosing present at any interview thereafter by providing form 200-45c – Your Rights as a Survivor of Sexual Assault Santa Clara County.
However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or district attorney determines that the presence of that individual would be detrimental to the purpose of the interview.
2. Evaluate and Reformat Department Resource Cards – Completed (pending print) Attachment B
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
3. Collaborate with Advocate and Community Partners – Completed/On-Going a. Again, SAIU personnel collaborated with Asian Americans for Community Involvement, Next Door Solutions to Domestic Violence, and YWCA Golden Gate Silicon Valley to update the Sexual Assault resource card. In addition, YWCA personnel were included in the conversation to create the applicable Duty Manual sections. It should be noted that the YWCA meet with SAIU leadership on a monthly basis and continuously provides the department with insight, suggestions, and support to further improve our ability to provide quality services to survivors of Sexual Assault. Lastly, SAIU personnel are members of the Santa Clara County SART Committee and the Children’s Advocacy Center of Santa Clara County where many of the listed community partners participate in collaboration.
Attachment B
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachment C: Sexual Assault Response and Strategy Work Plan Update SAIU members have been working diligently to implement various work items related to the Sexual Assault Response and Strategy Work Plan to improve our service model. The following work items are divided into three phases: Completed, In Process, or Pending:
Open and Recently Completed San José Work Items
Report SAFE Exam Numbers at the Bi-Monthly PSFSS Updates – Completed The bi-monthly SAFE numbers are provided to the Research & Development lieutenant on a consistent basis. PSFSS is provided with the data every bi-month meeting.
Expand the Sexual Assault Response and Strategy Workplan to the Gender-Based Violence Response and Strategy Workplan – Completed
The workplan has been expanded to incorporate all Gender-Based Violence, including Domestic Violence, Sexual Assault, and Human Trafficking.
School Intervention Training - Completed
SAIU and the Fiscal Unit personnel have requested to reallocate the unused $72,000 to the Crime Prevention Unit (CPU) to begin a pilot program. The program would use monthly heat maps (age, gender, and location) to provided targeted trainings in a more equitable, data-driven fashion. By providing outreach via intervention and prevention measures, SAIU hopes to accomplish its two goals: to increase reporting and to provide services.
Prepare an MBA in the FY 2021-2022 to add Two Crime and Data Analyst (one dedicated to Gender-Based Violence) – Completed
SVU personnel wrote a budget proposal to add one Forensic Analyst to SVU to be decided upon in FY 2022-2023.
3-Direction Intersectionality Between Domestic Violence, Sexual Assault, and Human Trafficking – Completed
FVU, SVU, and SAIU personnel collaborated, revised, and implemented the latest version of the Intersectionality Tool, which is employed in all Domestic Violence, Sexual Assault, and Human Trafficking investigations.
Report to PSFSS with data on the intersection between use of firearms and intimate partner violence — Completed
This information was reported to the PSFSS Committee through the Police Department’s Operations and Performance Bi-Monthly Report for February 2022.
Trauma-Informed Care Training for All Officers – In Process Captain Greg Lombardo and his team have trained 846 members of the Department in the TraumaInformed Care Training curriculum (as of 12-28-2021). It is estimated that all members of the organization will have received the training by March of 2022.
Sub-Standard Housing Study – In Process
Attachment C
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
The Sub-Standard Housing Study was written by Lt. Anderson and it went out to bid unsuccessfully. The parameters were revised, and the new proposal was shared with CM Arenas’ office. The new RFP will be sent out for bid once finalized.
Domestic Violence High-Risk Response Team – In Process
The pilot program was recently evaluated by an outside agency. Despite the challenges presented by the COVID-19 pandemic, the program was viewed as a success and suggestions were made to expand/improve the program. The program was funded for FY 2021-2022 and additional funding is being requested for FY 2022-2023. FVU and the YWCA will be meeting soon to discuss the plan to improve and possibly expand the program to include additional partners.
Vigilant Parent Initiative Training – In Process
At the start of Covid-19 (March 2020), the Vigilant Parent Initiative Program worked on transitioning from in-person classes to virtual. In November 2020, the first Virtual Vigilant Parent Initiative class was presented to Santa Clara County’s School Linked Services personnel. Since then, the Vigilant Parent Initiative program has taught 24 classes (Virtual and In-Person), inclusive of schools and organizations outside the city of San José. To date, the program has reached approximately 1,000 parents, school personnel, and community members in the Silicon Valley Internet Crimes Against Children’s area of responsibility (11 Counties). The Vigilant Parent Initiative Program has been honored to teach for the Santa Clara County’s Parent Project and San José’s Parks, Recreation and Neighborhood Services at Foxdale Village Apartments.
Sexual Assault Bill of Rights – In Process
SAIU members have been working diligently to implement Duty Manual sections, to evaluate and reformat the resource card, and to collaborate with advocate and community partners to improve our delivery related to the Sexual Assault Bill of Rights. To date, three Duty Manual sections have been added, the Sexual Assault Resource Card has been updated, and collaboration with our advocate and community partners has been, and will continue to be, an on-going commitment (Refer to Attachment B for further details).
Expand Trauma-Informed Care Training to Reflect Patterns of Stress and Trauma for Children and Incorporate Survivor-Centered Strategies – Pending SVU has created a video in partnership with the San José Police Department’s Child Forensic Interviewer to recognize the indicators of trauma in children. The video will be distributed to all sworn members of the Department “via training memorandum” and there will be in-person training when patrol briefings are reconvened.
Increase Quantity of Sexual Assault Detectives by 5 + 1 Sergeant – Pending During the last year, SAIU sergeant staffing increased from 4 to 5; thus, satisfying the “+1 Sergeant” vacancy. SAIU will grow the number of detectives from 20 to 25 when staffing increases within the Department.
Report to PSFSS Committee on plan for Staff Allocation in SAIU, SVU, and FVU – Pending Staff allocation is pending staffing availability. No projected completion date at this time.
Attachment C
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Open Countywide Work Items
Joint City-County Annual Meeting on Gender-Based Violence – Completed The Joint City-County meeting occurred on November 5, 2021 [the City of San José Public Safety, Finance, and Strategic Support (PSFSS) and the County of Santa Clara Children, Seniors, and Families Committee (CSFC)].
Review and Explore Recommendations from Housing Presentation for Potential Additional Work Items – Completed
The Housing Department reported this at the November 2021 PSFSS Committee meeting.
Ethnic-Based Agency Workgroup and Build-out – In Process Members of SAIU have met with the Santa Clara County Office of Gender Based Violence to discuss potential outreach measures. The communication with the office is on-going.
Strangulation Evidence Collection – In Process
The pilot program, which was running in the Western Division, has been expanded city-wide.
Now, patrol officers from all four SJPD Divisions offer to take survivors in strangulation cases to Valley Medical Center where SAFE Nurses conduct a no-cost examination.
Explore Cost and Funding of Two Child Forensic Interviewers to the CAC – In Process Through collaboration with the District Attorney’s Office (DAO), SAIU has finalized an MOU increasing the Child Forensic Interview fund from $72,000 to $237,494. This increase in funding (solely provided by the DAO) will allow for the hiring of more Child Forensic Interview Positions. SAIU will provide the City with a budget proposal to add additional funding. The current MOU expires on 06-30-2022.
Joint City-County Working Group regarding Pediatric SAFEs, Report back to PSFSS – In Process
SAIU Members continue to collaborate with the Pediatric SAFE Team to provide the highest level of service to our most vulnerable population. This collaboration is accomplished through various informal meetings and trainings. Further, SAIU members belong to the Children’s Advocacy Center (CAC) of Santa Clara County and the Santa Clara County SART Committee.
Collaboration with our partner agencies is an on-going process. The Department plans to report back on coordination on SAFEs in May 2022, as directed at the November 5, 2021 joint meeting with the County Children, Seniors and Families Committee.
Attachment C
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachment D: Duty Manual Revisions Update
Sexual Assault Investigations Unit (SAIU) members have revised, added, and deleted all Duty Manual sections related to Sexual Assaults. This was done pro-activity to ensure the Department was aligned with best practices and amendments to the California Penal Code. Memo # 2021-032 TO: ALL DEPARTMENT PERSONNEL FROM: Anthony Mata
Chief of Police
SUBJECT: DUTY MANUAL REVISIONS: DATE: October 22, 2021
SEXUAL ASSAULT
INVESTIGATIONS
BACKGROUND
The Department is committed to providing the highest level of service to survivors of sexual assault. With guidance from the Sexual Assault Investigations Unit, Duty Manual sections are being revised, added, and deleted to align the Department with best practices and amendments to the California Penal Code.
ANALYSIS
The Duty Manual has been revised to reflect changes described below. Additions are show in italics and underlined. Deletions are shown in strike-through form.
L 2214 PROCEDURE TO BE FOLLOWED WHEN A SURVIVOR CRIME VICTIM, WHO
IS A MINOR, DISCLOSES ENGAGING IN UNLAWFUL SEXUAL
INTERCOURSE (PENAL CODE 261.5) DURING THE INVESTIGATION OF ANOTHER CRIME:
Revised 10-22-21
When a survivor crime victim, who is a minor, discloses to the investigating officer that he or she has engaged in an act or acts of unlawful sexual intercourse (subdivision (b) of PC 261.5) while the officer is investigating another crime, the investigating officer shall document the details of the unlawful sexual intercourse APPROVED Memo# 2021-032
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
in a separate in the General Offense report and should not cite the victim for the violation of PC 261.5(b).
L 6000 INVESTIGATION OF SEX CRIMES:
Revised 10-22-21
Officers are encouraged to identify, locate, and arrest any person reasonably believed to have committed a sexual assault or other sex crime. Officers assigned to such incidents will remain sensitive to the survivor’s emotional trauma and will conduct the investigation in a manner which encourages cooperation of persons involved. Each officer has an individual responsibility to assist survivors through a trauma-informed approach, offer and explain resources to the survivor, conduct appropriate investigative tasks, make arrests when allowed by law, and properly document the incident whenever a suspected sexual assault is discovered or otherwise reported.
L 6001 SEX CRIMES - DEFINITIONS:
Revised 10-22-21
For the purposes of this manual, sex crimes are comprised of the following criminal acts:
• 261 PC - Rape
• 289 PC - Penetration with a foreign object
• 286 PC - Sodomy
• 288 PC - Lewd and lascivious acts with children
• 647.6 PC - Child Annoying
• 287 PC - Forced oral copulation
• 285 PC - Incest
• 243.4 PC - Sexual Battery
• 261.5 PC - Unlawful Sexual Intercourse
• 314 PC - Indecent Exposure
• Child Exploitation
• 236.1 PC - Human Trafficking
• 647(j)(4) PC - Revenge Pornography
• Failure to Comply with 290 PC - Sex Registration Laws L 6001.5 MANDATORY REPORTING FOR SEXUAL ASSAULT:
Added 10-22-21
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Mandatory reporting is required when knowledge or reasonable suspicion of child abuse or neglect or sexual abuse including assault or exploitation is obtained in the reporter’s professional capacity or within the scope of his or her employment.
Failure of a mandated reporter to report suspected abuse is a misdemeanor.
A mandated reporter of child physical or sexual abuse under the Child Abuse and Neglect Reporting act is not required to report consensual vaginal intercourse unless it fits P.C. 261.5(d) (a person 21 years of age or older having intercourse with a minor under age 16). This includes voluntary conduct in violation of P.C. 286 (sodomy), 287 (oral copulation), or 289 (sexual penetration), if there are no indicators of abuse, unless the conduct is between a person 21 years of age or older and a minor under age 16. For example, voluntary oral copulation between a 19-year-old and a 15- year-old would not be required to be reported if there are no indications of abuse. Pursuant to existing law, this is to make it consistent with the reporting of all four types of sexual conduct in order to equalize the reporting of heterosexual sexual conduct and LGBTQ+ sexual conduct.
This does not preclude officers from documenting ALL incidents of alleged or suspected sexual or physical child abuse, endangerment or neglect, including cases which are unfounded and acts which result in non-accidental injury of a child, even if it does not rise to the level of a crime, on a General Offense (GO) report, in addition to other forms required to investigate or process the case as required by Duty Manual Section L 3027 REPORTING.
L 6002.5 NON-INVESTIGATIVE REPORT:
Revised 10-22-21
Officers initially assigned to respond to a sexual assault where the survivor victim does not want to report the incident to law enforcement but does want a medical evidentiary exam (SAFE) shall perform the following functions:
• Officers shall not contact the survivor victim without the survivor’s victim’s consent.
• Respond to the location where the SAFE exam was conducted. • Obtain the mandatory reporting requirements from the SAFE nurse. • Collect the SAFE kit and verify that the survivor’s victim’s SAFE kit, SAFE exam report, and toxicology envelope are marked with “NIR” (non-investigative report) and the case number.
• Book the SAFE kit as evidence at Central Supply in accordance with Duty Manual Sections L 5400 through L 5800. Use property type code “SAFE kit – NIR” to identify the SAFE kit.
• Book the blood and urine specimens in the toxicology envelope as evidence at AIB.
• Complete a General Offense Report (FORM 200-2 AFR) with offense code “261 PC – RAPE – NIR.”
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
No An investigation will not be conducted on a non-investigative General Offense report without the survivor’s victim’s consent in cases where the survivor is aged between 18-64. An investigation shall be conducted in cases where a survivor is aged 17 and under in accordance with applicable law and the Santa Clara County Child Abuse Protocol.
NOTE: If, or when, a survivor victim re-initiates a non-investigative report into a standard report, the officer receiving the case will write a supplemental to the original General Offense report with the survivor’s victim’s statement and any other investigative steps taken. The supplemental report will be routed to the Sexual Assault Investigations Unit (SAIU). Lastly, the officer shall notify the SAIU Officer of the Day (during normal business hours) or the SAIU On-Call Ssergeant (after hours).
L 6003 SUBSEQUENT SURVIVOR’S VICTIM'S STATEMENTS:
Revised 10-22-21
SAIU Detectives Officers will determine if a victim's emotional or physical condition dictates that a more detailed interview of the survivor will take place at a later time.
In cases of sexual assaults against children under the age of 14, SAIU Detectives Officers will determine whether a more detailed Multi-Disciplinary Interview (MDI) should take place at the Children’s Advocacy Center (CAC) Child Interview Center (CIC). Scheduling for these subsequent interviews will be arranged through the Sexual Assault Investigations Unit.
L 6004 COLLECTION OF EVIDENCE AT THE SCENE:
Revised 10-22-21
The collection of evidence at the scene of a sexual assault is the responsibility of the assigned officer and is conducted in the same manner as other crimes. See DM Section L 4400 – COLLECTION OF PHYSICAL EVIDENCE , (Collection of Physical Evidence). In addition, the following items are collected when available and applicable.
• VEHICLE USED: If an assault took place in a vehicle, the assigned officer will ensure that the vehicle is impounded as evidence and towed to the SJPD Vehicle Warehouse an authorized storage facility. See DM Section L 5405 – STORAGE FACILITIES 5400, (Vehicles).
• CLOTHING: The assigned officer will collect clothing worn by the survivor victim at the time the attack occurred. Such clothing will be collected at the scene whenever other clothing and facilities are available to ensure that the survivor’s victim's dignity and privacy is maintained. If necessary, officers should transport the survivor to another location (i.e. their home) to get a change of clothes. This will be done in order to collect the clothing from the survivor in cases where the survivor is not taken to a medical facility.
Otherwise, clothing will be collected after arrival at a medical facility.
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
• BED SHEETS, TOWELS AND TISSUES: Officers will collect bed sheets, towels and any other tissues or cloth material used by the survivor victim or suspect. Items collected will be folded inward to maintain any attached hairs or fibers.
• OTHER COMPARISON EVIDENCE: Officers will collect any other comparison evidence at the scene which can link either the suspect or the survivor victim to each other or the scene itself. :
• Jewelry
• Articles of identification
• Discarded containers
• Receipts
Items collected will be booked into evidence in accordance with DM Section L 5400 – VEHICLES through L 5800 PROPERTY AND EVIDENCE CONTROL , (Property and Evidence Control).
L 6005 COLLECTION OF ADDITIONAL EVIDENCE FROM SURVIVOR VICTIM AND SUSPECT (INVESTIGATING OFFICER):
Revised 10-22-21
Incidents involving sexual assaults usually require that the same type of additional biological material, or trace evidence be collected from both the survivor victim and the suspect. The investigating officer will be responsible for ensuring that the following additional evidence is collected: The time element between the incident and the initial investigation should be considered when determining whether to collect these types of evidence.
Types of additional evidence can include, but are not limited to:
• Blood
• Saliva
• Head and Body Hair samples
• Photographs
• Fingernail scrapings or clippings
• Swabs (genital, rectal, or oral)
The SAFE protocol (also known as a Sexual Assault Forensic Examination – SAFE) will be followed when the investigation requires the collection of additional evidence from a survivor or a suspect. Refer to L6008 – MEDICAL EXAMINATION FACILITIES for further details.
The investigating officer is responsible for contacting the SAFE examiner when the exam is authorized for a survivor or a suspect.
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
When the SAFE examiner cannot respond to collect evidence from a suspect or the suspect refuses to consent to evidence collection, the officer will contact the SAIU oncall supervisor for guidance on collecting the additional evidence. Refer to the information listed below for details on evidence collection in the absence of the examiner.
• BLOOD: When possible, blood samples will be taken from both the victim and the suspect in order to assist in determining the identity of the perpetrator. The sample will be taken by an authorized technician who will be summoned by the assigned officer. Officers will indicate on the required forms to the technician that the blood taken will be analyzed for the following:
• DNA Analysis
• Blood Alcohol/Drug Content
• SALIVA: To assist in obtaining elimination samples for DNA testing, the investigating officer will seek consent to obtain buccal swabs from suspects. In order to assist in determining blood group and the prior presence of the suspect at the scene, the investigating officer will have the victim and the suspect chew gently on a small piece of gauze. • PUBIC HAIR BODY and HEAD HAIR: In order to assist in determining sexual contact between a victim and suspect, the investigating officer will obtain pubic hair specimens from both the victim and suspect. in the following manner:
• Victim: Medical personnel will collect both plucked and combed pubic hairs from a victim. The investigating officer will request the taking of between 6 to 10 hairs with the roots intact and the combing of the pubic area for foreign matter.
• Suspect: The investigating officer will collect both plucked and combed pubic hairs from a suspect. The actual collection may be performed by the suspect, however the investigating officer will ensure that an officer continually observes the suspect's actions and takes possession of the samples immediately following the collection process.
• HEAD HAIR: Officers will also collect both head hair pluckings and combings from the victim and suspect. This evidence will be used to establish contact between the suspect and victim.
• Victim: Medical personnel will collect both plucked and combed head hairs from a victim. The investigating officer will request the taking of between 6 to 10 hairs with the roots intact and the combing of the head hair for foreign matter.
• Suspect: The investigating officer will collect both plucked and combed head hairs from a suspect. The actual collection may be performed by the suspect, however the investigating officer will ensure that an officer Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
continually observes the suspect's actions and takes possession of the samples immediately following the collection process.
• FINGERNAIL SCRAPING: When appropriate, the investigating officer will obtain fingernail scrapings from both the victim and suspect to determine the presence of tissue, blood, cosmetics or other substances transferred from the survivor to the suspect one to the other.
• PHOTOGRAPHS: The investigating officer will take photographs of the suspect to detail injuries received during the incident, identifying marks or tattoos, clothing worn, and preserve their appearance at the time of arrest.
To provide evidence of the nature of injuries to victims and to assist in identification of the suspect, the investigating officer will ensure that appropriate photographs of both the victim and suspect are obtained as soon as possible.
• VAGINAL AND / OR RECTAL SMEAR SWABS – GENITAL, RECTAL or ORAL:
The investigating officer will ensure that all necessary swabs are collected in accordance with the instructions located within the male SAFE kit. a vaginal smear and/or rectal smear is obtained from the victim if applicable. The smear will be obtained at an approved medical facility by medical personnel.
Specimens will then be booked at an appropriate location so as to ensure that such specimens are refrigerated.
• ORAL SWAB: If oral copulation occurred, an oral swab of the victim's mouth will be obtained. Such a swab will be performed by medical personnel and later booked in the same manner as a vaginal smear.
• PENILE SWAB: Officers will provide a piece of sterile gauze to the suspect and inform him to use it to wipe around the head of the penis. The investigating officer
will ensure that an officer continually observes the suspect's actions and takes possession of the samples immediately following the collection process.
When any of the evidence is obtained, the investigating officer will ensure that the items collected are booked into evidence in accordance with DM Section L 5400 through L 5800 – PROPERTY and EVIDENCE CONTROL. , (Property and Evidence Control). Particular care should be taken to ensure that all biological evidence is refrigerated.
L 6006 MEDICAL REPORTS (INVESTIGATING OFFICER):
Revised 10-22-21
The investigating officer will request from the examining SAFE Team member physician a completed copy of the District Attorney approved medical report relating to the examination of the sexual assault survivor victim. The medical report will also be booked into evidence.
L 6007 CONSENT TO PERFORM SEXUAL ASSAULT FORENSIC MEDICAL Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
EXAMINATION (SAFE) (INVESTIGATING OFFICER):
Revised 10-22-21
The investigating officer will explain to a survivor victim the purpose for a SAFE medical examination (to corroborate the assault and aid in identifying the perpetrator). When a survivor victim refuses to consent, regardless of age, no medical examination will be performed. When the survivor victim gives consent to a SAFE medical examination, the investigating officer will proceed as follows:
• EXAMINATION OF ADULTS: No further procedures, other than collection of evidence need be employed except to indicate in the General Offense Report (Form 200-2-AFR) that the survivor victim consented. • EXAMINATION OF JUVENILES: In all sexual assault cases involving a survivor victim under the age of 18 years, the investigating officer will adhere to the following procedures:
• Authorization by district supervisor. Obtain permission from a district supervisor prior to transporting a juvenile victim to a medical facility for examination.
• Consent from Parent or Guardian. In most cases, involving a minor under 12 years of age, an attempt must be made to obtain consent for the examination from a parent or guardian (when a parent or guardian is unavailable, consent is implied). The results of such an attempt will be recorded in the General Offense Report (Form 200-2-AFR) and on the hospital emergency room records.
When the parent or guardian is present, consent will be evidenced by having such parent or guardian sign the appropriate medical facility forms.
When the parent or guardian is not present, the officer will indicate in the General Offense Report (Form 200-2-AFR) the time consent was given and how obtained.
• Parent or Guardian Refuses Consent. When a parent or guardian is available but refuses consent for a minor under 12 years of age, the examination will not be performed unless the parent or guardian is a suspect or the officer takes custody of the juvenile victim pursuant to Section 300, Welfare and Institutions Code (no parental control, unfit home, etc.), in which case, consent will be implied. The fact that a parent or guardian is a suspect will be noted in the General Offense Report (Form 200-2-AFR) and on the hospital emergency records.
L 6008 MEDICAL EXAMINATION FACILITIES:
Revised 10-22-21
Victims of sexual assaults are entitled by law to free examinations if the purpose of the examination is to gather evidence for possible prosecution.
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
The Emergency Room located at Santa Clara County Valley Medical Center is the only facility currently being used for conducting such examinations.
All adult survivors of sexual assault that have been approved for a SAFE examination will register in the Emergency Department (ED) at any of the following locations:
• Santa Clara Valley Medical Center 751 S. Bascom Avenue, San José, CA.
• Stanford Hospital Emergency Department located at 1199 Welch Road, Stanford, CA.
• St. Louise Medical Center Emergency Department located at 9400 No Name Uno, Gilroy, CA.
At the direction of SAIU, medically stable survivors of child sexual abuse will be taken to one of the emergency departments listed above or the Children’s Advocacy Center (CAC) located at 455 O’Conner Drive, Suite 150. Refer to the Santa Clara County SAFE Protocol for more information.
If exigent circumstances require the survivor victim to be treated at a private facility, the officer accompanying the sexual assault survivor victim to the hospital will note his/her name, badge number and case number on billing form provided by the facility performing the examination.
The Sexual Assault Unit and Fiscal Unit will combine their efforts to identify valid sexual assault examinations and to ensure that proper payment is made to the private facility performing such services.
All suspects of sexual assault that have been approved for a SAFE examination will have their examinations performed in custodial facilities (IE: PPC or Police Interview Rooms).
L 6009.5 NOTIFICATION OF RIGHT TO CONFIDENTIALITY TO SURVIVOR VICTIMS OF SEX CRIMES:
Revised 10-22-21
The survivor victim of sex offenses (220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 647.6), or the survivor’s victim’s parent/guardian if the survivor victim is a minor, may request his/ her name not be disclosed under the California Public Records Act. Notification of the right to confidentiality, pursuant to Government Code Section 6254 and Penal Code Section 293, shall be verbally provided to the survivor victim or the survivor’s victim’s parent/guardian if the survivor victim is a minor. The Department member shall document the verbal notification and the response on the Notification of Right to Confidentiality Form (Form 200-45v).
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
L 6009.7 NOTIFICATION OF SEXUAL ASSAULT BILL OF RIGHTS:
Law enforcement agencies are mandated to develop a card which explains the rights of sexual assault survivors, pursuant to Penal Code Section 680.2 (Form 200-45c - Your Rights as a Survivor of Sexual Assault).
Upon the initial interaction with a sexual assault survivor, law enforcement officers shall provide the survivor of a sexual assault with a notification card, consistent with L 6009. This card shall include, but is not limited to, all of the following:
• A clear statement that a sexual assault survivor is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain his or her rights under law. • Telephone or Internet Web site contact information for a nearby rape crisis center and sexual assault counselor.
• Information about the types of law enforcement protection available to the sexual assault survivor, including a temporary protection order, and the process to obtain that protection.
• Instructions for requesting the results of the analysis of the survivor’s sexual assault forensic exam.
• Information about state and federal compensation funds for medical and other costs associated with the sexual assault and information on any municipal, state, or federal right to restitution for sexual assault survivors if a criminal trial occurs.
• A clear statement that the survivor has the right to have a sexual assault counselor and at least one other support person of the survivor’s choosing present at any initial medical evidentiary examination, physical examination, or investigative interview arising out of a sexual assault, and that a sexual assault counselor can be contacted 24 hours a day. • Information about the rate of potential evidence degradation. • A clear statement that if sexual assault forensic evidence will be tested, it should be transported to the crime laboratory and analyzed within the time limits imposed by subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of Section 803.
• A clear statement that the law enforcement agency or crime laboratory will retain the sexual assault forensic evidence for at least 20 years, or if the survivor was under 18 years of age at the time of the alleged offense, at least until the survivor’s 40th birthday.
• A law enforcement official shall, upon written request by a sexual assault survivor, furnish a free copy of the initial crime report related to the sexual assault, regardless of whether the report has been closed by the law enforcement agency, to the survivor. A law enforcement agency may redact personal, identifying information in the copy furnished to the survivor. • A prosecutor shall, pursuant to Section 290.46, upon written request by a sexual assault survivor, provide the convicted defendant’s information on a Added 10-22-21
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
sex offender registry to the survivor, if the defendant is required to register as a sex offender.
• The law enforcement agency shall provide sufficient copies of the card described in subdivision (a) to each provider in its jurisdiction of medical evidentiary examinations or physical examinations arising out of sexual assault.
L 6009.8 NOTIFICATION OF RIGHT TO HAVE A SURVIVOR ADVOCATES AND SUPPORT PERSON:
Added 10-22-21
An initial investigation by an officer to determine whether a crime has been committed and the identity of the suspect(s) shall not constitute as an interview by law enforcement for the purposes of Penal Code Section 679.04.
Before the conclusion of the initial investigation to determine whether a crime was committed and the identity the suspect(s), and prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, the officer shall notify the survivor of a sexual assault as a result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 in writing that they have the right to have a survivor advocate and a support person of the survivor’s choosing present at any interview thereafter by providing form 200-45c – Your Rights as a Survivor of Sexual Assault Santa Clara County.
However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or district attorney determines that the presence of that individual would be detrimental to the purpose of the interview.
R 1526.5 STRANGULATION RESOURCE CARD:
Revised 10-22-21
This form will be given and explained to a all survivor victims of strangulation and/or suffocation at the time the report is completed by the officer.
R 1536 DOMESTIC VIOLENCE SUPPLEMENTAL TEMPLATE AND DOMESTIC
VIOLENCE SEXUAL ASSAULT HUMAN TRAFFICKING ASSESSMENT
TEMPLATE:
Revised 10-22-21
These templates are required and used as a supplement to the General Offense report in domestic violence cases. Domestic violence incidents are those in which abuse is committed against a spouse, former spouse, cohabitant, former cohabitant, a person with whom the suspect has had (or is having) a child, and a person with whom the person has had (or is having) a dating/engagement relationship; this includes same sex relationships and juvenile suspects. These Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
templates shall be completed as thoroughly as possible and submitted prior to at the end of shift.
ORDER
Effective immediately, all Department personnel shall adhere to the above Duty Manual sections.
Anthony Mata
Chief of Police
AM:SD:MB:JJ
Attachment D
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Attachment E: Advocacy Audit Update
SAIU members have completed a majority of the tasks related to the audit conducted by the Office of the City Auditor. The following items have been completed:
1. Modification of the Sexual Assault Resource Card;
a. Refer to Attachment B.
2. Modification of the YWCA Advocate Referral Standard Operating Procedure; a. The YWCA Advocate Referral SOP is a five-page document which guides how SAIU detectives refer advocacy. The document was modified, in part, to ensure advocacy was offered to survivors upon receipt of the case. Therefore, the following statement was added:
…On occasion, there are cases assigned to SAIU where the survivor does not have an advocate attached. When the SAIU detective first contacts the survivor, the detective shall ask the survivor the following questions related to advocacy and document the responses in their report:
i. Does the survivor consent to advocacy contact?
ii. Can the detective provide the survivor’s information (as detailed in the “Warm Referral” document) to the YWCA.
iii. When the survivor consents to a referral, the detective shall make the referral via the following link which is provided and maintained by the YWCA…
3. Addition of Duty Manual Section L 6017 – ADVOCACY REFERALS; a. Department members shall provide advocacy referrals to survivors of sexual assault and domestic violence before leaving the scene. Refer to the “Your Rights as a Survivor of Sexual Assault” notification card for advocacy information. The resource card will provide referrals, 24-hour telephone support, and in-person advocacy.
The purpose of the advocate is to provide free, confidential services to all survivors and:
1. Provide emotional support and crisis counseling;
2. Provide interview and court attendance support;
3. Explain survivor’s rights and criminal justice process;
4. Connect the survivor to resources with ongoing case management; and
5. Provide guidance on goals and needs.
Refer to Duty Manual Section L 6009 – Notification to Survivors for further details.
4. Addition of Duty Manual Section L 6009.8 – NOTIFICATION OF RIGHT TO HAVE A SURVIVOR ADVOCATE AND SUPPORT PERSON;
a. Refer to Attachment B.
5. Creation of URL to refer survivors to the YWCA in a timely fashion; and
6. Creation of the Ally Officer Program.
a. After speaking with representatives from the Santa Clara County of Gender Based Violence, it was determined that there was significant under-reporting of Sexual Assaults and Domestic Violence within the LGBTQ+ community.
Sergeant Marquardt arranged a meeting with the Billy DeFrank LGBTQ+ Community Center to discuss these concerns and ideas for potential solutions.
Attachment E
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE January 12, 2022
Subject: Gender-Based Violence Response and Strategy Annual Report
Participants included representatives from the YWCA, Family Violence Unit (FVU), Special Victims Unit (SVU) and San José PD LGBTQ+ panel.
During these meetings, two substantial projects were identified to address these concerns.
The first plan was to develop a video project. The video project will consist of a short video synopsis discussing the steps of reporting a sex crime, domestic violence incident, or a hate crime/incident. The video had contribution from several San José PD investigative units, patrol, the Santa Clara County District Attorney’s Office, the YWCA, the Billy DeFrank Center, the SJPD LGBTQ+ panel, and the Chief of police. The video will include important information on the reporting process, as well as services and resources available to survivors of these crimes. The intent is to share this video on social media platforms in conjunction with our partners in this project. The goal is to increase reporting of these crimes and provide education on resources available to survivors. The video should be released within the next two months.
The second project is what is being identified as the Ally Officer Program. This will be specialized training available for officers department wide. Officers who receive this training will learn important information about the LGBTQ+ community and the sensitivity needs. These officers will be delegated as “Ally Officers” and will be available to respond and take crime reports from members of the LGBTQ+ community. The hope is this will provide an additional layer of comfort for survivors to come forward and report crimes. The curriculum for this training course is still being finalized. The training curriculum is being structured by the SJPD LGBTQ+ panel, in conjunction with SAIU.
Attachment E