GRIP-POLICE INTERVENTION: Compiled by Annesta Hofer;
(Resource - Sharon Lewis; Centre for the Study of Violence and Reconciliation-Dealing with rape-1994)

GRIP has established Victim Friendly Facilities within Police Stations with the aim of improving the quality of services offered to rape and domestic violence survivors. GRIP also ensures that the reporting process at Police Stations is becoming more sensitive. There are many positive changes emerging in the way that the police and the legal system deal with rape survivors. This makes rape and sexual assault prosecution a more positive experience for the rape survivor than it used to be. When a survivor of rape reports at the Police Station she/he immediately have a friend (defuser) who will assist, counsel and support her/him. The survivor will be in a friendly separate facility called a Care Room, which is open 24 hours, 7 days a week. The facility has a counseling room with a separate bed room where the survivor can overnight if needed.

A survivor's decision to report a rape/sexual assault to the police is hers/his alone. It is not an easy decision and there are risks involved. The decision is difficult and different persons will respond differently to this choice. When the survivor reports his/her case the GRIP defuser (counselor) will give information about what to expect. In this way the survivor will be better prepared to participate in getting the perpetrator punished. Preparation can make the process easier. Certain procedures need to be followed by the Police and the GRIP defuser will advocate for these procedures to be followed in a sensitive and empathetic manner. The defuser is the first person of contact for the survivor within the Victim Friendly Facility and will notify the Investigation Officer to come to the Facility (Care Room) and take a short report from the survivor. This report is used by the police to find out the exact words used by the survivor, her physical and emotional condition and the state of her clothing, if relevant. The report must be taken by a Police Officer. If a survivor phones in, a patrol car must be send out to her/him immediately, wherever the survivor is, if she does not want to report at the police station. The first police officers, who arrive at the scene of the rape, will stay with the survivor until the detective assigned to the case arrives.
A rape can be reported hours, days, weeks or even months after it happened. However any delay weakens the case because evidence is harder to collect and the authorities may not believe the rape survivor. A survivor who has been raped must try to report the rape as soon as possible. It is best to report within 72 hours, as this is the period in which forensic evidence such as blood or semen , can still be collected. If a survivor wash or change clothes before reporting the rape, she/he might destroy valuable evidence such as the rapist's semen, blood or hair. If the survivor washed he/she should take the towel or the tissue that he/she used as well as clothes or panties with him/her to the hospital or police. The Police may want to keep the clothing that the survivor was wearing at the time of the rape, and therefore it is best to take a set of extra clothes to wear to the police station.

Evidence of the rape at the place where it happened should not be disturbed until after the police have taken the evidence they need. The scene of the rape will be secured until the investigation officer is satisfied that the police photographers, forensic and fingerprint experts have finished their investigations.

A rape survivor should not take any tranquillizers or alcohol before she goes to the police. The police might not believe her story if she seems to be drunk.

Reporting:
The first report contains only the basic details of the rape charge and is called a skeleton docket. At this stage it is still the survivor's choice if she wants the rape to be investigated further. A criminal case docket will be registered if she/he wants a criminal investigation into the rape. If the survivor is an adult and does not want the police to further investigate, the survivor must sign a statement which says so. This statement called an affidavit is then filed with a record of the rape. This can be helpful to other investigations of the perpetrator. It is also easier if she has made this report to arrange a legal abortion if she becomes pregnant as a result of rape.

In the case of a child who does not want the matter investigated, the matter has to be referred to the Senior Public Prosecutor who will make this decision after evaluating the evidence, and the reason why no further prosecution is wanted. This is to ensure that the child is not being forced by anyone, for example a parent, not to press charges.
After the survivor has made the report to the police, they can arrest a suspect of the basis of the survivor's evidence, a medical report and the evidence of the first witness. If the survivor is able to give the police a description of the rapist, this may be circulated to the newspapers and police stations in the area. After the initial report a detective will be put in charge of the case. The Defuser will keep contact with the detective to clarity all the evidence and information that will be presented to court. The defuser is the contact person between the survivor and the detective.

The defuser will counsel the survivor throughout the reporting phase and will arrange for a Police Officer to accompany the survivor to the hospital for the medical examination. After the examination (where another GRIP defuser will assist the survivor) the survivor will be taken back to the police station or to her/his home.

The survivor has to give a detailed statement to the police, with the support of the defuser. The statement is very important because if the trial happens a few months later, vital information can be forgotten. If she/he remembers something later, it can be added to the statement. She/He can keep a copy of the statement and GRIP will also keep a statement for backup purposes.

The Police will ask the Survivor about the following things:

Fingerprints:
Where the rapist was and what he touched.
Photographs or a written record of injuries.
Any injuries that resulted from the rape.
Witnesses:
Any person who might be able to give evidence.
Identity of rapist
Whether rapist was family, friend, known or unknown.
Distinguishing marks of perpetrator.
Scars, tattoos, cuts etc.

Important questions that the police will ask:

When and where was the survivor approached by the rapist?
What did the rapist look like, what did he wear, identifying marks or scars?
Anny funny smell such as petrol or a specific perfume.
Did he use any odd speech or slang?
How many attackers where there, what did they say and did they use any names?
Was the rapist walking, using public transport or his own car, describe the car?
Did she notice him using alcohol or drugs?
Did he use a weapon?
Was there a fight or struggle?
What did the rapist say and what did the survivor say to him before and after the rape?
What kind of sex did the rapist ask for?
What did he force the survivor to do?
Did the survivor notice anything else regarding the rapist?

No police officer has the right to ask questions that are not relevant to the rape. The defuser will contact the survivor with information regarding the progress off the investigation.

The Identification Parade:

When a suspect is detained he will undergo a medical examination by a district surgeon. Certain body samples can be taken from the rape survivor. With a DNA test, if enough body fluids is identifiable, it can prove that the suspect had sexual intercourse with the survivor.

An identification parade is held only when no other substantial evidence is available, and is the exception rather than the rule. Fingerprints, footprints, semen, blood, hair and DNA tests are much better forms of evidence. The rape survivor will only be asked to attend an identification parade if she/he feels that she/he can definitely identify the man responsible for the rape. The GRIP Friend of the Court will assist and support the survivor during the parade. The police will still at times ask the survivor to touch the perpetrator in order to identify him, but this is not necessary in terms of the law. He only needs to be identified verbally. When the police finish investigating the case, it is then handed over to the office of the Attorney General and the prosecutor.

Rights of the Rape Survivor when reporting to the Police:

A rape survivor has the right to be treated with respect by the Police. The defuser also reminds Police Officers to be sensitive and supportive and not to be affected by rape myths.

1. Confidentiality:
Therefore the separate GRIP Victim Friendly Facility where the information about rape is kept confidential. The Defuser must be careful and sensitive if she wants to call the survivor at her house or workplace.

2. Privacy:
The GRIP Victim Friendly Facility ensures privacy separately from the charge office.

3. A Female Police Officer:
This is not always possible, but therefore all the GRIP defusers are female, who is the first point of contact and some male Police Officers is equally competent and sensitive.

4. A companion:
The defuser will ensure that the survivor will feel as comfortable as possible during the police questioning. She is not alone with police officers and the defuser is present during all questioning.

The role of the Defuser at SAPS:

There are some cases where rape survivors feel that they have been treated in an unsympathetic way by the police. The treatment of rape survivors requires special training and police procedures need to be specially designed to deal with investigating cases of sexual assault.

The defuser should avoid any behavior that might implicate aggression or irritation. She should try to gain the trust of the survivor. The rapist was forceful and aggressive and the defuser should not be.
The Defuser should be non-judgmental and patient. She should put the survivor at ease and create an atmosphere which allows her to tell her story willingly and comfortably. This may take longer but the quality of information is much better.
The defuser should encourage the survivor to tell her the details of what happened even if it makes her uncomfortable or embarrassed. A gentle approach should be used.
The defuser will provide counseling in a comfortable and friendly environment within the Police Station but separately from the rest of the Station's activities.
The defuser may have to deal with the survivor's family because they may also be in a crisis. The defuser should be equally sensitive and supportive with them.
The defuser will see the survivor privately, away from her family members. The defuser should reassure everyone concerned that the survivor is blameless, and that she should not feel shame or quilt.
The Defuser should ask the survivors family to help the survivor by listening to the survivor's story and reporting any new information to the police. This helps in 2 ways , firstly the survivor has a change to talk about her experience and secondly her family has the change to overcome some of their feelings of helplessness.
The defuser will explain the court procedures to the rape survivor in later interviews.
The defuser will visit the survivor at her home for a minimum of 4 times and will provide ongoing support.

The more sensitive and non-judgmental the defuser and police are, the better change they will have of getting the information they need for a successful investigation, and the better the change of reducing secondary trauma for survivors.