telephone. No officer responded to the Sharp home or directed Mr. Sharp to come to the police department for an interview on the day of the assault. The telephone interview with Mr. Sharp lasted no more than three to five minutes. The detective interviewing Mr. Sharp used words he could not understand, such as “penetration” and “ejaculation.” Mr. Sharp told the detective that “Jake put his penis in [my] butt.” Based upon the fact that there was no reported penetration into the anus, LPD declined to send Mr. Sharp for a Sexual Assault Response Team (SART) examination. Mr. Sharp was told by the detective that he could bathe. According to the Service Coordinator, the detective said, “If there was any evidence, it will be there tomorrow.” The detective advised Mrs. Sharp to arrange for Mr. Sharp to be seen by his primary care physician. The physician prescribed preventative HIV medication. Two days later, Mr. Sharp went to the police station with his mother to be interviewed and to identify Jake using photographs in the LPD imaging files. The interview and photo review lasted approximately twenty minutes. In his interview, Mr. Sharp repeated that he felt Jake’s penis in his buttocks. The LPD detective again asked Mrs. Sharp about Mr. Sharp’s cognitive capacity and if Mr. Sharp was known to lie. Although the photo line-up proved fruitless, Mr. Sharp correctly identified Jake 20 days later using photos supplied by the fitness center of their members. The day after being identified by Mr. Sharp, Jake was interviewed by LPD. He initially denied any inappropriate contact with Mr. Sharp. When asked to provide a DNA sample, Jake admitted touching Mr. Sharp on the arm, chest, back, and legs while in the locker room but denied any sexual contact. Ultimately, law enforcement concluded that something “upsetting” happened to Mr. Sharp in the locker room but no charges were brought against Jake because of a lack of physical evidence and no corroborating witnesses. As the investigation stalled, Mr. Sharp expressed concern to his Service Coordinator that, “Jake is going to get away with it, with what he’s done. And maybe do it to someone else.” She said, “He didn’t think it was fair.”
- obtain a detailed account of the crime from the victim and witnesses. The guidelines do not waive a SART examination on the basis of lack of penetration. In fact, they discuss physical evidence collection on the body surface. Local Police Department SART Protocol LPD protocol regarding responding to sexual assault/abuse allegations is contained within the Santa Barbara County SART policies and procedures, revised in 2003. LPD acknowledged lacking an agency specific policy regarding investigation into reports of sexual abuse/assault. According to the protocol, “The [LPD’s] initial response to a sexual assault is critical both to the outcome of the investigation and to the psychological health of the victim and the victim’s family.” The LPD protocol requires: The officer(s) involved must assure that the crime scene and evidence, including evidence seized during the SART examination, is recorded, collected and preserved in an accurate and thorough manner. The investigating officer(s) will be considerate of the traumatic and emotional aspects of sexual assault and treat the victim and the victim’s support group accordingly. The protocol also requires LPD investigating officers to, “obtain a complete and detailed statement from the victim” and “preserve all aspects of the crime scene,” including assuring that all evidence is properly collected, documented, and preserved. The policy does not waive the SART examination on the basis of lack of penetration. According to Santa Barbara County policies, SART examinations should be conducted within 72 hours of an acute sexual assault to yield reliable forensic evidence. PAI’S DEPENDENT ADULT ABUSE EXPERT PAI consulted with Diana Koin, M.D., former Director of the Elder and Dependent Abuse Education Program at the California Medical Training Center and a recognized medical expert in abuse and neglect of elders and