Leave this field empty. Quick Access to Mass. Post Content Jul 30 Written By: Mass. Recent Posts Jan 19 Dec 01 Jul 18 Join the conversation. We want to hear from you. Connect with us. Search Posts Search for:. Digital Learning Blog. No items. Was this mentioned specifically by suspect? Was the suspect curious about victim's life, family or previous relationships, sexual or otherwise? Include description of clothing. It may be necessary to state what the suspect was not waring, eg a jacket.
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Did the victim know the suspect? If the answer is in the affirmative, give details. Would victim be able to recognise suspect again? Permission from victim for the examination of the scene of their property and for the removal of items for evidence and forensic examination. Describe fully all property taken, including serial numbers, colours, sizes, identifying marks.
Get the victim to formally identify any property left by suspect at the scene. Record the absence of consent for the removal of any of the victim's property by the suspect. Make sure that the victim reads the statement thoroughly and that it is signed in all the right places. When was the last time the complainant had sexual intercourse?
If within 72 hours, control blood samples are required from all the partners. Victim's consent to forensic testing of articles seized for examination and that the victim knows that the articles may be damaged in the process of the forensic examination. Chapter 6 - Medical Examination Suspect Overview This chapter contains the topic on how to take samples from the suspect.
Aim Samples from a suspect are used to help in determining that the right person is to br prosecuted.
Legal requirements Section 37 of the Criminal Procedure Act, Act No 51 of , gives a police official the right to request medical samples. Samples to be taken from the suspect by the accredited health care practitioner If the suspect is traced he will be taken to the accredited health care practitioner and the following samples may be taken:. These must be combed from the suspect's public area. Minimum of 20 hairs are required. These must be pulled from different places on the suspect's head.
These hairs are required from different places on the head as there can be differences in length and colour.
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They must not be cut from the suspect's head. The accredited health care practitioner may also need to take an alcohol sample and collect body fluid.
A suspect cannot be tested for Aids merely because he or she is a suspect or an accused person. If the presiding officer, in the interest of the case, does not explicitly order a suspect or accused's blood to be taken for HIV testing, it may not be taken. Introduction An allegation of any sexual offence is extremely difficult to prove because, in general, there are no eyewitnesses.
It is usually the victim's word against that of the suspect. Inthis chapter This chapter contains information about the prevention of contamination of exhibits. Exhibit contamination If exhibits from both the victim and the suspect are placed on the same table or surface while they are being packed, contamination of the exhibits may occur.
Forensic science laboratory From the moment the investigating officer takes the samples into possession from the accredited health care practitioner, the SAPS is responsible for maintaining the chain of evidence. The exhibits must therefore be marked and sealed properly. In most cases the evidence of the forensic science laboratory is very important to prove the case, or to refute the victim's or suspect's version of the events. Guidelines to prevent contamination of exhibits In order to ensure that contamination of the exhibits including the victim and suspect as they are both considered to be exhibits does not occur to take place, the following guidelines are provided and should be adhered to where possible.https://onibujogaw.tk
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The police officer who visits the scene, or with whom the victim comes into contact, must avoid coming into contact with the suspect. The victim and the suspect must not be transported in the same police vehicle. The same police officer must avoid contact with the clothes of both the victim and the suspect. Ideally both sets of clothes should not be seized and packaged by the same official.
Remember the statements need to prove the handling of the chain of evidence. In cases in which the suspect was arrested shortly after the offence had been committed, the same police officer may not conduct an interview with both the victim and the suspect, before the suspect and the victim have dressed in other clothes and the clothes worn during the alleged attack have been removed for forensic analysis. If uncertain of the necessity therefore, the investigating officer must liaise with the prosecutor in this regard as this is yet another trauma the victim has to undergo.
The importance and purpose of the identification parade should be explained to the victim. Where to hold an identification parade An identification parade should, as far as possible, be held at a venue or station where the facility of a one-way mirror is available. The officer responsible for the identification parade must keep in mind that the legal representative of the accused must be given the opportunity to be present at all times.
Explanation of procedure The procedure should be explained to the victim before he or she is exposed to the identification parade. The victim does not have to touch the suspect. Contact between victims If more than one victim is possibly linked to one or more suspect, contact between these witnesses must be avoided at all costs as this may seriously prejudice future court proceedings.
This is relevant at all stages of the investigation. Referral to counselling services A list of all organisations in the area offering counselling must be kept in every charge office and the victim must be informed that counselling services are available. Establish who is available in the area to render this service, eg 'Rape Crisis' and 'Life Line'. Help victim to get counselling Although it remains the task of the police to investigate crime, an attempt must be made, without losing objectivity and as far as practically possible, to assist the victim throughout.
The choice about choosing an organisation remains the victims's. The police will offer assistance in this regard. In the case of children, refer to the CPU or a specialist for the procedures that must be followed. Keep the victim informed Always keep the victim informed of the progress of the case eg bail proceedings, court hearings. Prepare the victim for court Although the victim must not be told what to say, it is the officer's duty to put the victim at ease by explaining court procedures. The following steps should be followed to ensure that the court process is as untraumatic as possible for the victim: Take the victim to the court where the case will be heard prior to the day of the trial.
Arrange a suitable time with the prosecutor.
A pretrial consultation with the prosecutor is imperative. Arrange for a specific prosecutor to be allocated. Take the docket to court before the proceedings to allow enough time for preparations. Explain the meaning of 'in camera' to the victim, as the prosecutor may ask the magistrate to hear the evidence in camera. Give the victim his or her statement to read once again.
Small details can become important in the statement, particularly in court proceedings, and this will help to prep-are the victim. The victim will see reporters in court, which may distress him or her.
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Reassure the victim that his or her particulars will not be published unless authorised by the magistrate. See section A of the Criminal Procedure Act. A child is always protected in this regard. It is the duty of the police to inform the victim about the possibility of delays in the court proceedings, and to encourage them to persist with the case. Pre-trial impact statement A further statement from the victim must be obtained before he or she gives evidence.
It must describe eg nightmares, personality and or physical changes.
The purpose of this is to impress upon the court the impact the crime has had on the victim. SAP 62 Whenever a sentence of 2 years or longer is imposed by the court, a SAP 62 form must be completed in triplicate. The importance of the detailed completion of this form cannot be emphasised enough. The Parole Board relies heavily on the investigating officer's input in this regard when determining possible parole.
Sexual intercourse includes the penetration of the labia majora outer lips of vagina Girls under the age of 12 years cannot legally consent to sexual intercourse, therefore it will always be rape, irrespective of circumstances Common law Girls between the ages of years can be the victims of statutory rape.
Accredited health care practitioner district medical officer. Swab must be air-dried. Crime kit 1 or 3 Swab must be rolled over glass slides. Hair exhibit foreign hair, not that of victim. These must be combed from the victim's pubic area Place the hairs in a soft paper envelope. Control hair samples from the victim's head and public area. Root of hair must be included These hairs are required from different places on the head as there can be length and colour differences.
Crime kit 4 They must not be cut from the victim. Where and by whom; Victim by suspect Suspect by victim. Beatings, burning, whipping, biting, twisting breasts, asphyxiation strangulation until victim is unconscious, painful bondage tied up. Crime kit 4 These hairs are required from different places on the head as there can be differences in length and colour They must not be cut from the suspect's head. Only required if this is a factor in the case.
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