5/8/2024
TO: PUBLIC SAFETY, FINANCE AND
STRATEGIC SUPPORT COMMITTEE
FROM: Paul Joseph
SUBJECT: GENDER-BASED VIOLENCE
RESPONSE AND STRATEGY
ANNUAL REPORT
DATE: May 2, 2024
____________
Approved Date
RECOMMENDATION
Accept the annual report on the San José Police Department’s Gender-Based Violence Response and Strategy, including sexual assault and domestic violence crime statistics, work item status updates, and prevention efforts and training.
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 more than half of women and almost 1 in 3 men have experienced sexual violence involving physical contact during their lifetimes.1 Domestic violence or intimate partner violence (IPV) is defined by the CDC as physical violence, sexual violence, threats of physical or sexual violence, stalking, and emotional or psychological abuse by a current or former partner.2 This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy. Sexual Violence (SV), Intimate Partner Violence (IPV), and Child Sexual Abuse (CSA) are three groups that are commonly investigated by the San José Police Department (SJPD).
In SJPD, the Sexual Assault Investigations Unit (SAIU) investigates incidences of sexual violence and the Family Violence Unit (FVU) investigates incidences of intimate partner violence (referred to hereafter as “sexual assault” and “domestic violence,” respectively, consistent with the terminology used by the department). In this report, the Department will highlight efforts related to the prevention, intervention, and enforcement of sexual assault crimes by SAIU. 1 https://www.cdc.gov/violenceprevention/sexualviolence/fastfact.html 2 https://www.cdc.gov/violenceprevention/intimatepartnerviolence/fastfact.html PSFSS COMMITTEE AGENDA: 5/16/2024
ITEM: (d)2.
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
ANALYSIS
Unit Overviews
Sexual Assault Investigations Unit (SAIU)
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 Department’s main facility located at 201 West Mission Street in San José.
SAIU’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 that may assist them through the legal and/or civil process. 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 32 sworn and 3 civilian personnel. SAIU is currently staffed by 22 sworn and 3 civilian personnel. The current filled staffing consists of the following:
• Sworn
o 1 Lieutenant
o 5 Sergeants
o 16 Detectives (14 Full-Time/ 2 Modified)
• Civilian
o 1 Senior Office Specialist
o 1 Police Data Specialist II
o 1 Senior Analyst
o 1 Analyst I (Child Interview Center Coordinator)
o 3 Part-Time Child Forensic Interviewers
The make-up of SAIU is diverse: four (4) of the members are certified Spanish-language speakers, one (1) is a certified Vietnamese-language speaker, and two (2) members speak Tagalog. Equally important to the languages spoken, SAIU has six (6) female detectives. Having a diverse workforce allows SAIU to communicate and build rapport with the survivors we serve.
SAIU also contracts with YWCA to provide an in-house, part-time advocate to assist survivors with services and provide them with the resources and information needed to heal.
The unit employs the best practices in sexual assault services and uses a multi-disciplinary approach to address sexual assault issues. In fiscal year 2023-2024, 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 Santa Clara County DFCS. The multi-disciplinary approach utilized by SAIU integrates effective 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
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
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. The San José Police Department also 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 budgetary constraints. Examples of these additional internal courses include Trauma-Informed Care and Santa Clara County District Attorney Sexual Assault legal updates.
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 the Special Victims Unit (SVU) personnel assumed the responsibility of teaching LDs 9 and 10. This allows them to fulfill the requirements mandated by POST while incorporating best practices and emerging trends within the community. Having detectives who are 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 have the capability to conduct better interviews, write better reports, make appropriate advocacy referrals, and have a professional connection with the detectives who investigate these cases daily.
Family Violence Unit (FVU)
The Department’s Family Violence Unit (FVU) is responsible for investigating (non-sexual) domestic violence, child and elder abuse, and domestic violence-related threats and stalking cases.
The unit’s responsibilities include all types of violence or abuse within familial relationships, and investigators serve in three details for these types of cases: Domestic Violence, Threat Management, and Child/Elder/Dependent Adult Abuse. FVU is housed off-site (away from the SJPD main campus) at 1671 The Alameda #100 in San José. The off-site nature of the location offers survivors an alternative location to report family violence-related incidents and seek resources. FVU is designed to be welcoming and comfortable, with a furnished waiting room and two interview rooms. The unit is open Tuesday through Thursday, 8:00 AM to 5:00 PM, for survivors to visit as walk-in guests or for an appointment with a detective or the FVU YWCA advocate. FVU’s phone line is open to the public from 8:00 AM to 5:00 PM on weekdays.
The Domestic Violence Detail investigates domestic violence incidents committed against anyone who is the 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, including same-sex relationships and juvenile suspects. The Domestic Violence Detail’s approach to these cases is to make an arrest in every situation where legally permissible and to ensure victims have access to resources that may assist them through the legal and/or civil process.
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
The Threat Management Detail investigates violations of domestic violence restraining orders, stalking, threats of violence, and issues of workplace violence.
The Child/Elder/Dependent Adult Abuse Detail investigates endangerment, neglect, and physical abuse incidents. Investigators in this detail work closely with Santa Clara County DFCS, Santa Clara County Adult Protective Services (APS), Community Care Licensing, and the Santa Clara County Long-Term Care Ombudsman to ensure the safety of these vulnerable victims and connect them with local services.
At this time, FVU is authorized 20 sworn and 4 civilian personnel. FVU is currently staffed by 16 sworn and 2 civilian personnel, consisting of the following:
• Lieutenant
o Domestic Violence Detail:
▪ 1 Sergeant
▪ 7 Detectives
o Child/Elder/Dependent Adult Abuse Detail:
▪ 1 Sergeant
▪ 3 Detectives
o Threat Management Detail:
▪ 1 Sergeant
▪ 2 Detectives
o Civilian Staff:
▪ 2 Forensic Analysts
In addition, FVU hosts an in-house YWCA Silicon Valley advocate who connects survivors with resources such as counseling, safety planning, financial aid, shelter, and instructions on how to obtain a restraining order. FVU also hosts an in-house Santa Clara County DFCS liaison who facilitates communication between SJPD and DFCS. Having these representatives on-site assists FVU in maintaining a multi-disciplinary approach to family violence cases by allowing FVU to integrate effective investigation with survivor support services.
Crime Statistics
Please note: On April 4, 2023, the San Jose Police Department transitioned from Uniform Crime Reporting to the FBI (UCR) to the National Incident-Based Reporting System (NIBRS). SJPD’s transition to NIBRS has led to changes in how statutes are recorded in our Records Management System (RMS).
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Sexual Assault
Table 1 Count of Primary Offense By Category shows 1,873 cases where the Primary Offense was a sexual assault. This is a 9.08% decrease from 2022 (2,060).
OFFENSE YES NO TOTAL CASES
CHILD MOLEST** 100% 0% 36
RAPE 48% 52% 1224
SEX** 28% 72% 103
SEX OFFENSE 48% 52% 414
L & L *** 0% 100% 1
INDECENT EXP** 10.2% 89.8% 95
TOTAL 850 (48%) 927 (52%) 1873
VICTIM IS A MINOR
TABLE 1. COUNT OF OFFENSES BY CATEGORY
CY 2023
*Data includes internal status closures for: Duplicate Case, Administrative Closures, and Transferred to Other Agency
**Pre-NIBRS Category
***Lewd and Lascivious and Pre-NIBRS Category
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Table 2 Count of Internal Case Status shows the internal status of 1,873 cases submitted in 2023. 52.2% of cases were submitted to the District Attorney’s (DA) Office in 2023, a 4.3% decrease from 2022. E - All Leads Exhausted make up 25.4% of cases closed, a 2.1% increase from 2022 (481).
CODE INTERNAL STATUS TOTAL
E ALL LEADS EXHAUSTED 475
R DA REJECT 374
D COMPLAINT SUBMITTED TO DA FOR REVIEW 270
F COMPLAINT FILED 202
O OPEN 159
X TRANSFERRED TO OTHER AGENCY** 154
V JUVENILE CRIMINAL REFERRAL 132
T DUPLICATE CASE (EVENT ONLY)** 46
L LAW ENFORCEMENT REJECT (INCLUDES CIVIL) 21
N NON-WORKER (NO LEADS) 10
H VICTIM REQUESTED CLOSURE 9
G LACK OF VIC COOPERATION (ATTEMPTS MADE/NO CONTACT) 6
Q ADMINISTRATIVE ACTION 4
W JUVENILE NON-CRIMINAL REFERRAL 3
K LACK OF INVESTIGATIVE RESOURCES 2
P PENDING LAB RESULTS 2
9 DA DEFERRAL 1
A PENDING CITATION 1
B RE-OPEN 1
Z NDR/ZERO ROUTE (OSSD ONLY)** 1
TOTAL 1873
**There were 1,672 cases unique to the City of San Jose when not factoring administrative closures and non City of San José incidents (X- Transferred to Other Agency, T- Duplicate Case (Event Only), and Z-NDR/Zero Route (OSSD Only))
TABLE 2. COUNT OF INTERNAL STATUS
CY 2023
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Table 3. Age of Survivors at Time of Report shows that the majority of survivors of sexual assault who were minors at the time of the report were between the ages of 14 and 17 years old.
For adults, 47.2% make up the 18–29-year-old age group. As juvenile survivors continue to be overrepresented, SAIU is continuing to work with the 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 routinely updated unit information and training (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.
Domestic Violence
In the figures in this section, the data for 2023 has been divided into two columns, one for preNIBRS data (January 1 – April 3rd, 2023) and one for NIBRS after the transition (April 4, 2023 – December 31, 2023).
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Table 4. Number of Domestic Violence Statutes by Year 2019-2023.
Table 4 provides a breakdown of the domestic violence occurrences reported from 2019 through 2023 by the statute(s) reported. The NIBRS transition added more statutes in reporting, causing some of the previously used statutes to be split into more categories. Per Table 4, a total of 3867 DV occurrences were reported during 2023.
Although the statutes used in reporting changed in April 2023, some trends are still discernible based on the data for 2019 through 2022. The most common penal code (PC) used on FVU DV cases from 2019 through 2023 was 273.5(A) PC DV Minor Injury, which was reported in 6770 incidents. The number of 273.5(A) PC DV Minor Injury decreased by 161 reported incidents from 2019 to 2020, the year that Santa Clara County issued shelter-in-place orders due to the COVID19 pandemic. The number of reported incidents for this statute went on to decrease by 45 from 2020 to 2021. From 2021 to 2022, the number of reported DV Minor Injury incidents increased by 196 reported incidents. This increase beginning in 2021 appears to coincide with the introduction of SJPD’s mandatory “Domestic Violence/Sexual Assault/Human Trafficking Assessment” form and the end of California’s stay-at-home order which was fully lifted in June 2021.
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Table 5. Domestic Violence Offenders and Victims by Reported Gender, 2019-2023.
In Table 5, the majority of victims in 2023 were reported as female, 3068 out of 4069, compared to male, 983 out of 4069, and the majority of offenders were reported as male, 3028 out of 3931, compared to female, 897 out of 3931. Categories for Non-Binary, Transgender-Presents Female Born Male, and Transgender-Presents Male Born Female were added with the implementation of NIBRS.
Unit Updates
Sexual Assault Investigations Unit (SAIU)
Grant Awards
From March – October 2020, 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) SART kits were not tested due to being Non-Investigative Reports (NIR).
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
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 was awarded the following grants:
1. On October 6, 2021, the Department was notified of the $22,516 DOJ-USAEG-Backlog Reduction-2020-2021-01 award. This grant is a “matching grant” and therefore the total amount received is $45,032. This entire award was spent on testing 55 untested kits from calendar years 2016-2018.
2. On December 16, 2021, the Department was notified of the $1,425,000 15PBJA-21-GG04346-SAKI Notification award. The Department has used $6,554 of this award on training, planning, and logistics related to this project. SAIU personnel will utilize the remaining $1,418,446 to test the department’s backlog of untested SAFE kits. The Department is undergoing a procurement process for a third-party vendor to test the SAFE kit backlog due to resource limitations at the Santa Clara County Laboratory. The bid closed on May 1, 2024, and the Department is awaiting vendor selection. Due to the dollar amount of this procurement, it will be brought before the City Council for approval by June 2024.
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 an interagency referral form, which is accessible to SAIU and continues to aid in the rapid referral of survivors. The YWCA warm referral form was created and implemented in February 2021.
We saw the positive impact of the referral form starting in March of 2021 with a 1,166.7% increase from March of the prior year (March 2020). Since then, the referral process has been consistent and continues to be a smoother form of connecting survivors to victim advocates and their services.
SAIU Challenges and Moving Forward
SAIU submitted a Budget Proposal to fund an additional analyst in SAIU. Currently, the lieutenants in SAIU and SVU both 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.
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Family Violence Unit (FVU)
Intersectionality between IPV, Sexual Assault, and Human Trafficking In 2021, a supplemental form called the “Domestic Violence/Sexual Assault/Human Trafficking Assessment,” also referred to simply as “The Intersectionality Tool,” was created and made mandatory. The officers responding to any incident of domestic violence, human trafficking, or sexual assault are required to fill out this electronic form and submit it with their report. This form was created in recognition of the fact that survivors of one of these types of crime are likely to be a victim of another of these crime types.
3 Asking survivors the targeted questions from this form helps to identify whether they may have been a victim of another crime. In some cases, the survivor discloses a historical, previously unreported crime for which the department creates a report and investigates it as a separate incident. The supplemental form may also prompt the survivor to reveal additional details that could identify another crime that took place at the same incident.
Strangulation/Suffocation
Strangulation or suffocation between intimate partners is a serious indication of danger and a major risk factor for major assault, attempted homicide, or completed homicide.4 Strangulation is a highly lethal form of domestic violence and can result in serious injuries, such as traumatic brain injuries, and death. Survivors who have been strangled are at a risk of being killed by their partner which is 10 times higher than that of a survivor who was not strangled. 5 During every domestic violence investigation, the responding officer must fill out a Domestic Violence Supplemental, which includes a Lethality Assessment. The Lethality Assessment is a questionnaire used by the officer to determine the lethality risk to the survivor. It includes questions aimed at determining whether or not strangulation occurred during the incident. If a survivor discloses that they have been strangled, the officer encourages the survivor to seek medical attention and advises them that they may have internal injuries. The survivor is also given a Santa Clara County Strangulation Resource Card, which lists facts and possible symptoms of strangulation, encourages the victim to seek medical treatment, and provides contact information for resources. The card is available in both English and Spanish. 3 “The Intersection of Domestic Violence, Sexual Assault, and Human Trafficking.” Center for Court Innovation. https://www.innovatingjustice.org/sites/default/files/documents/UnderstandingHumanTrafficking_2.pdf 4 “Non-fatal strangulation is an important risk factor for homicide of women”. National Library of Medicine. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2573025/
5 “The Dangers of Strangulation”. National Domestic Violence Hotline. https://www.thehotline.org/resources/thedangers-of-strangulation/
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
Table 6. Summary of Strangulation as Weapon.
Table 6 shows the number of domestic violence incidents in which the Domestic Violence Supplemental questionnaire revealed that strangulation occurred. The number of incidents in which strangulation was reported decreased by 9 from 2019 to 2020. This decrease appears to coincide with the shelter-in-place orders due to COVID-19. After this, the reported number of domestic violence-related strangulations increased each year, by 52 from 2020 to 2021, by 91 from 2021 to 2022, and by 57 from 2022 to 2023.
Domestic Violence High-Risk Response Team
The Domestic Violence High-Risk Response Team (DV-HRRT) is a program dedicated to providing immediate support to high-risk survivors after an incident has occurred. The DV-HRRT is a partnership of the YWCA Golden Gate Silicon Valley, the Family Violence Prevention Center, and SJPD. When the officer responds to the scene of a domestic violence, they use the Lethality Assessment to evaluate the survivor’s lethality risk. If there is a high lethality risk to the survivor, the responding officer calls the DV-HRRT advocate. The advocate provides crisis support and assists the survivor with safety planning. The survivor is offered follow-up services such as counseling, personal advocacy, criminal advocacy, shelter, danger assessments, and external referrals. In fiscal year 2022-2023, SJPD received the ongoing allocation of $125,000 for the DVHRRT program with a contract that expires 6/30/2024. The SJPD Fiscal Unit will renew this contract at its expiration. In calendar year 2023, FVU’s advocate completed 1,602 follow-ups on SJPD cases. Out of these follow-ups, approximately 278 general referrals were made to survivors.
Prevention Efforts and Training
The San José Police Department Crime Prevention Unit (CPU) puts on presentations at San José high schools aimed at educating youth on healthy relationships and preventing teen dating violence. The trainings are put on for students and their parents and provide education on domestic violence and stalking, as well as the signs and consequences of these situations.
FVU detectives attend domestic violence trainings and classes throughout the year in order to keep up with current knowledge and practices pertaining to intimate partner violence. Detectives put on
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
May 2, 2024
Subject: Gender Based Violence Response and Strategy Annual Report
presentations for SJPD patrol officers and dispatchers to share knowledge and best practices regarding interacting with survivors using a trauma-informed approach.
COORDINATION:
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
Paul Joseph
Acting Chief of Police
For questions regarding the Sexual Assault Investigations Unit, please contact Lieutenant Jodi Williams, at (408) 277-4102.
For questions related to the Family Violence Unit, please contact Lieutenant Jennifer Biebel, at (408) 277-3700.