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SEXUAL
ASSAULT RESPONSE
A
GUIDE FOR RESPONDING TO
SEXUAL
ASSAULT VICTIMS
IN
MARATHON COUNTY
Developed by the Marathon County Sexual Assault
Coordinated Community Response Team
This
booklet was developed to create a coordinated response effort to all
victims of sexual assault in Marathon County.
The goal is to provide a victim centered response in all agencies
where the sexual assault victim receives services.
This
booklet is designed to assist professionals to become more familiar with
the protocols in Marathon County in which the victim is able to receive
the best possible care as soon as one comes into contact with a victim of
sexual assault.
It
is also for victims who may not understand the process after an assault
occurs. Each protocol is very
detailed, as it will give an overview of each system a victim may
encounter.
Parts
of the booklet have been modeled after the Best Practice Guidelines for
Brown County.
April
2007
For more
information please contact:
The
Women’s Community,
Marathon
County Sexual Assault Intervention Team
2801 N. 7th
St. Ste. 300
Wausau, WI
54403
(715) 842-7323 (24-hour phone line)
A GUIDE
Mission Statement
Sensitivity
to Victim Needs
Victim’s
Rights
Guidelines
For Sexual Assault Victim Services
Guidelines
For College/University
Guidelines
for Law Enforcement
Marathon
County Crime Response
Guidelines
For Marathon County Department Of Social Services
·
Child Protective Services Guidelines for Referrals of
Sexual Abuse to a
Child
·
Juvenile Justice Ongoing Social Workers Guidelines
Child
Advocacy Center of North-Central Wisconsin
Guidelines
For Marathon County District Attorney’s Office
Guidelines
for Department of Corrections
Guidelines
For Department of Corrections – Division of Juvenile Corrections
Community
Resources
Glossary
MISSION
STATEMENT
The Marathon County Sexual Assault
Intervention Team is comprised of professionals from area agencies, which
address the problem of sexual violence. Our message is that sexual assault
of any nature is not acceptable. We are committed:
to providing consistent, and quality services to victims; to
holding perpetrators accountable; and to providing information; prevention
and education to the public on the issue of sexual assault and abuse.
Membership of
the CCR team involves representatives from the following:
Aspirus
Wausau Hospital, SANE Program
Child
Advocacy Center of North Central Wisconsin
Children’s
Service Society of WI
DC Everest
School District
Department of
Corrections
Department of
Corrections Juvenile Division
Everest Metro
Police Department
Family
Planning Health Services
Kronenwetter
Police Department
Lutheran
Social Services
Marathon
County Department of Social Services
Marathon
County District Attorney’s Office
Marathon
County Health Department
Marathon
County Sheriff’s Department
Marathon
County Victim Witness
North Central
Technical College
Rothschild
Police Department
St. Clare's
Hospital, SANE Program
The Women’s
Community, Inc.
University
Wisconsin Marathon County
Wausau Police
Department
Wausau School
District
SENSITIVITY
TO VICTIM NEEDS
As
professionals, it is our responsibility to suspend judgment regardless of
the circumstance. Treat each victim with respect and acknowledge the
courage and strength they have exhibited for reporting and seeking out
services.
Sexual
assault victims experience varying degrees of psychological trauma. An
individual’s perception of how a sexual assault victim should look,
dress or act, and the way those perceptions are conveyed can have a
significant effect upon the victim’s recovery process in the weeks and
months following the crime. Each person has her or his method of coping
with sudden stress. When severely traumatized, victims can appear calm,
indifferent, submissive, angry, or even uncooperative and hostile toward
those who are trying to help. Misinterpretations of a victim’s reaction
to their assault may lead to further trauma and hinder the interview,
evidence collection or legal proceedings.
Listed below
are some of the feelings that may be felt by victims:
·
Fear of offender
·
Fear of what family and friends will think
·
Fear of others finding out
·
Guilt and feelings that she or he is responsible for the
assault
·
Sense of vulnerability and general fear of people
·
Loss of control over her or his own life
·
Embarrassment
·
Anxiety
·
Concern for the offender’s well being, especially in cases
of acquaintance or spousal rape
·
Shame – loss of self respect
·
Stupidity or foolishness
·
Anger
·
Confusion
VICTIM’S
RIGHTS
If a crime
has been committed, every victim has rights and opportunities under the
law, in which agencies such as law enforcement, the district attorney’s
office, the court or the parole commission must provide information. This
page is an overview of some of the rights and opportunities afforded to
crime victims under Wisconsin’s Crime Victims’ Rights law, 1997
Wisconsin Act 181. For a complete list, contact the Sexual Assault Center
(715).
Victims
of crimes have the following rights:
Right
to be notified of:
·
Victim rights
·
The procedure for prosecution
·
Changes in the schedule of court proceedings
·
Final disposition of the case
·
Crime victim compensation information
·
Possible plea negotiations or dismissal of charges
·
Release of the offender from custody
Right
to participate in prosecution:
·
Right to attend court hearings
·
Right to hear testimony
·
Right to a speedy disposition of the case
·
Right to have a victim advocate present in court
·
Right to make a written or oral statement about the impact
of the crime
·
Right to confer with the prosecuting attorney
Right
to apply for financial assistance:
·
Victims can request restitution from defendant
·
Victims may be eligible for compensation from the state if
they have suffered losses as a result of the crime
GUIDELINES
FOR SEXUAL ASSAULT VICTIM SERVICES PROGRAM OF THE WOMEN’S COMMUNITY
Initial
Contact:
-
Assess safety of the
victim.
-
Determine if there is a
need for emergency medical attention.
-
Discuss options
-
Identify immediate concerns
of victim.
-
Seek name, address and
phone of victim if desire to disclose.
-
Offer Advocate to support
at Emergency Department or law enforcement agency.
-
Assist with transportation
to and from hospital.
-
Offer crisis support and
referral services.
-
Inform victim of rights.
-
Discuss safety planning and
offer emergency shelter.
-
Inform of criminal justice
process.
-
Inform of option of
obtaining a restraining order.
-
Therapy referrals.
Medical
Examination:
-
Provide victim with
emotional support before, during and after examination.
-
Provide support and
referral serves for secondary victims.
-
Offer replacement clothing
from TWC, if needed.
-
Provide emergency room
information.
Initial
Interview with Law Enforcement and/or CPS and CAC (Support family while
child is interviewed)
-
Provide emotional support.
-
Collaborate with LE Officer
to inform victim of process after report.
-
Discuss Restraining Order
options.
-
Discuss criminal justice
process.
Crime
Victim Compensation (CVC) Program
-
Inform victim of the CVC
Program.
-
Assist victim with
obtaining and/or completing the application or forms if needed.
-
Inform victim of Victim
Witness Program and restitution program through the criminal justice
system.
-
Inform victim of the Crime
Victim Specialist.
Criminal
Justice Support
·
Facilitate communication between law enforcement
investigators and victim.
·
Offer emotional support during law enforcement interview and
investigation.
·
Keep victim informed of investigation status upon request.
·
Monitor court proceedings.
·
Accompany victims to meetings with the District Attorney
regarding plea negotiations for emotional support.
·
Accompany victims to hearings for emotional support.
·
Attend hearings for victims when they are unable to attend.
·
Communicate with Victim Witness Staff regarding case.
·
Assist victims in completing Victim Impact Statements, if
requested.
·
Accompany victims to revocation hearings for emotional
support.
Post
Sentencing:
·
Offer support to victim through civil litigation.
·
Assist victim in understanding community notification
process.
·
Communicate with Department Of Corrections Sex Offender
Agent regarding supervision rules.
·
Inform victim of sex offender registry.
·
Offer support to victim through parole hearings.
Ongoing
Victim Services:
Services
are provided regardless of gender, sexual
orientation, age, ethnicity,
religion, or ability.
Bilingual Advocates are available for Southeast Asian, Hmong and
Spanish speaking victims.
GUIDELINES
FOR COLLEGE/UNIVERSITY
Guidelines
for University Wisconsin Marathon County
Responding
To Sexual Assault Victim’s Immediate Needs:
Assess
physical safety of victim
·
Explore safety issues, immediate danger to harm and provide
a safe environment
Encourage
medical attention
·
To preserve evidence, inform the victim not to change
clothes, shower, brush teeth, drink, eat, or smoke.
·
Timely medical intervention is needed to collect forensic
evidence within 72 hours of the crime. If after 72 hours, continue to encourage medical attention as
some evidence may still be collected up to 96 hours.
Contact the appropriate personnel at the University based on the procedures
below.
If
incident occurs on University property during the weekday hours
(8:00
am – 6:00 pm)
·
Report to Student Services Office
Student
Services will have staff that is knowledgeable in handling sexual assaults
and providing victim support and options. They will explore victim needs
and choices, review options and direct to appropriate resources.
Information provided to this contact person may be kept
confidential and anonymous. Information can include details of situation
with unidentifiable victim information.
Note:
Procedures may vary according to individual campus/university policies.
If
incident occurs on University property after weekday hours/weekend
(6:00
pm – 8:00 am)
·
Report to the Hall Director at the UWMC Residence Hall.
·
Contact Law Enforcement
If
incident occurs off University property at any time:
·
Contact law enforcement for safety and police report
·
Contact The Women’s Community to discuss options
Provide
Sexual Assault Victim With Available Options:
(The first
responder or emergency on-call person, depending upon victim choices for
involvement may provide this information.)
Review
community options:
·
The Women's Community (24 hour support line, Advocates
available 24 hours to: support, provide assistance, options, medical and
legal advocacy and accompaniment)
·
Police department (report to appropriate jurisdiction. See
resource section)
·
SANE exam for evidence collection or medical treatment
without evidence collection (at Emergency Department only, Trained SANE
staff)
Review
University options:
·
Department of Student Services
o
University formal complaint procedures
Guidelines
for Northcentral Technical College
-
Explore safety issues, immediate danger to harm and provide a safe
environment
-
Encourage medical attention.
-
To preserve evidence, inform the victim not to change clothes,
shower, brush teeth, drink, eat, or smoke.
-
Timely medical intervention is needed to collect forensic evidence
within 72 hours of the crime. If after 72 hours, continue to
encourage medical attention as some evidence may still be collected up
to 96 hours.
-
Contact the appropriate personnel at Northcentral Technical College
based on the procedures below.
If
incident occurs on NTC property during the weekday hours (8:00 am – 8:00
pm)
If
incident occurs between 6:00 pm – 8:00 p.m.
·
Contact Night
Facilitator at Student Services.
Student
Services will provide a counselor that is knowledgeable in handling sexual
assaults and providing victim support and options. They will explore
victim needs and choices, review options and direct to appropriate
resources. Information provided to this contact person may be kept
confidential and anonymous. Information can include details of situation
with unidentifiable victim information.
If
incident occurs on NTC property after weekday hours/weekend
(8:00
pm – 8:00 am)
·
Contact Law
Enforcement.
·
Go to Emergency
Station outside of main campus to contact 911
If
incident occurs off NTC property at any time
·
Contact
law enforcement for safety and police report.
·
Contact The Women’s Community to discuss options.
Provide
Sexual Assault Victim With Available Options:
(The
first responder or emergency on-call person, depending upon victim choices
for involvement may provide this information.)
Review
community options:
-
The Women's Community (24 hour support line, Advocates available 24
hours to: support, provide assistance, options, medical and legal
advocacy and accompaniment).
-
Police department (report to appropriate jurisdiction, see resource
section)
-
SANE exam for evidence collection or medical treatment without
evidence collection (at Emergency Department only, Trained SANE staff)
Review
NTC options:
GUIDELINES
FOR HOSPITALS
PROVIDING
SANE EXAMS
A SANE
(Sexual Assault Nurse Examiner) Exam should be collected within 72 hours
of the assault.
Hospital
Emergency Departments triage patients in three (3) categories:
·
Emergent
·
Urgent
·
Non-urgent
Sexual
assaults are always categorized as urgent.
Procedures:
·
Contact Sexual Assault Center and other agencies as
appropriate (i.e. police department, human services). Contact hospital
social worker if pediatric patient.
·
Bring patient to a private area or exam room for privacy.
·
Conduct brief, medically directed interview with patient to
determine plan of care.
Adult
patient:
·
Determine if patient desires to report to law enforcement.
·
If within 72 hours of assault, inform patient of necessary
evidence collection to be used for possible criminal prosecution. Contact
appropriate agency according to criminal jurisdiction, if patient desires.
·
Explain medical exam to check and treat for possible
STD’s, pregnancy prevention and other injuries.
·
Explain services of The Women’s Community.
Pediatric
patient:
·
Contact parent or guardian.
·
Contact law enforcement and/or on-call county social worker,
if not already done.
·
Conduct interview with hospital social worker present
whenever possible. Law Enforcement discuss forensic interview to be
conducted at Children’s Advocacy Center.
·
Explain (to patient and/or parent or guardian) medical exam
to check and treat for possible STDs, pregnancy prevention and other
injuries.
·
Explain services of The Women’s Community to patient
and/or parent or guardian.
Perform
medical exam and/or evidence collection as needed.
Give patient
a discharge packet with a current list of referral agencies and phone
numbers to assist them with the support services and needs he or she may
require in the future.
Assist the
patient with contacting law enforcement for follow-up contact, if
appropriate.
Provide the
name of the follow-up physician should further medical treatment be
needed.
Discuss
safety issues such as housing with patient and assist with obtaining
needed services.
Provide a
change of clothing if appropriate, through The Women’s Community.
ASPIRUS
WAUSAU HOSPITAL
Services
Provided:
·
Collection of evidence according to law enforcement agency
guidelines.
·
Documentation of evidence for medical records.
·
Forensic
photography using a colposcope.
·
Screening for sexually transmitted diseases.
·
Education and evaluation regarding the risk of pregnancy.
·
Referral for ongoing care.
·
Law enforcement notification as indicated.
·
Physician referral for medical needs.
·
Provide further assistance through Sexual Assault Victim
Services.
Availability:
·
24-hour coverage through the Emergency Department.
·
Call the Emergency Department at 715-847-2160.
ST.
CLARE’S HOSPITAL
Services Provided:
-
Identification
and treatment of injuries associated with assault.
-
Collection
of evidence by SANE trained RN’s according to law enforcement and
hospital protocols.
-
Forensic
photography using a colposcope.
-
Notification
of The Women’s Community Advocate and other agencies as appropriate
i.e. Law Enforcement, Social Services.
-
Assessment
of pregnancy and sexual assault transmitted infection risks and
provision of prophylaxis and emergency contraception.
-
Complete
documentation of history, physical findings and forensic evidence for
medical record.
-
Responsiveness
to patient and family’s immediate emotional needs and concerns.
-
Instructions
on utilizing Crime Victim’s Compensation services or Sexual Assault
Forensic Fund.
-
Explanation
of reporting process. Will
store evidence for up to one year if victim is undecided on reporting.
-
Refer
for advocacy, counseling and follow-up medical care.
Availability:
·
24/7 availability
through the Emergency Department.
·
Phone number is
715-393-2950.
GUIDELINES
FOR LAW ENFORCEMENT WHEN
RESPONDING TO SEXUAL ASSAULT CASES
Dispatchers:
·
Obtain and record reporter’s name, address and phone.
·
Determine if assailant is present.
·
Determine if emergency medical care is needed. If so,
dispatch ambulance.
·
Dispatch patrol officer(s) according to department policy.
·
Keep victim on line until patrol officer(s) arrive, if
appropriate.
Patrol
Officers:
·
Provide aid to the injured.
·
Secure the crime scene to ensure that evidence is not lost,
changed or contaminated.
·
Obtain brief statement of facts from victim after SANE exam.
·
If possible, advise victim of evidence preservation. Do not
allow the victim to bathe, smoke, drink, or use the restroom prior to the
exam. If the victim has done any of those activities prior to the exam,
document the activity in the incident report.
·
Determine the need for special services (example:
interpreters, guardians, caregivers, etc.) Refer to resource section.
·
Determine the identity of the suspect (s), and arrest, if
appropriate.
·
Determine Probation and Parole status of suspect (s)
relevant information. concerning wanted persons or vehicles to other units
through the Communications Center.
·
Identify witnesses, obtain and record initial witness
statements.
·
Obtain and record a statement from the victim, per
department policy. .
·
Obtain the assistance of The Women's Community Advocate, if
the victim wishes.
·
Record all statements and relevant observations at the
scene, including victim and suspect demeanor, appearance, injuries,
condition of clothing (rip, torn, stained, etc.)
·
Summon supervisor to scene.
·
Supply victim with a Victim Rights Form.
·
Obtain signed Medical Release from victim, where applicable.
·
Obtain Sexual Assault Evidence Kit from SANE nurse and place
into evidence.
Supervisor/Officer
in Charge:
·
Assess situation, i.e. officer’s findings, witness
statements, victim statements and scene review.
·
Coordinate securing the scene.
·
Notify investigator/evidence technician and other support
personnel, per department policy.
Investigator/Officer
in Charge/Evidence Technician:
·
Communicate with The Women's Community about the status of
the case per victim request.
·
Notify victim when suspect is taken into custody or case is
referred for charges.
·
Provide the appropriate steps to make victim comfortable
with interview. Minimize the necessity of repetitive interviews and
coordinate with DHS for joint interviews, where appropriate.
·
Collect all appropriate evidence not gathered.
·
Process evidence, if appropriate.
·
Obtain signed medical release from victim, if not already
obtained.
·
Obtain the 9-1-1 tape, if applicable.
·
If suspect has not already been apprehended, coordinate
efforts to arrest or interview the suspect.
MARATHON
COUNTY CRIME RESPONSE PROGRAM
The Crime
Response Program is a branch of the Victim Witness Program at the Marathon
County District Attorney’s Office. Staff is located at the Wausau Police
Department and at the District Attorney’s Office. The program is funded
by a federal VOCA grant.
Purpose
– The purpose of this program is to provide support, information and
referrals to victims of all types of crimes from the time that a police
report is filed until the prosecution begins. In cases that are not
referred for prosecution, services are provided for as long as the victim
needs them. Emphasis is placed on victims of traumatic incidents. Sexual
assault victims are encouraged to contact The Women’s Community for
supportive counseling, support groups, restraining orders and other
services.
Contact
with Victims of Sexual Assault – Victims receive a Victim
Information Brochure from law enforcement at the time that they file a
police report. This brochure provides information regarding victims’
rights, information regarding Crime Victim Compensation, and contact
telephone numbers for the Crime Response Program, Victim Witness Program
at the DA’s office, Marathon County Dept. of Social Services, Marathon
County Jail and United Way’s First Call.
Many of the
contacts that the crime response staff has with victims are generated from
these brochures after a police report is filed. Telephone calls are
generally related to inquiries regarding the status of the case and the
offender’s apprehension, how to obtain restraining orders or a need for
emotional support.
Crime
response staff also provides services for walk-in victims at Wausau Police
Department or as requested by any law enforcement agency in Marathon
County. In addition, staff may initiate calls to victims that they become
aware of through reading police reports. Sexual assault victims are
encouraged to contact The Women’s Community for support.
Victims
Services Provided – Crime response staff provides on-call
coverage 24/7, 365 days/year, to offer victim assistance. In sexual
assault cases, law enforcement has been advised to contact The Women’s
Community for assistance if an Advocate is needed. If the victim refuses
TWC services, or if an advocate from TWC is not available, the crime
response staff may be contacted to respond. Services are provided at the
crime scene, law enforcement agencies, hospital, and other locations as
requested. Victims are provided with a folder of information, which
includes brochures on victims’ rights, Crime Victim Compensation,
restraining orders, The Women's Community, and other community resources.
Emotional support and referrals are provided as needed.
GUIDELINES FOR MARATHON COUNTY DEPARTMENT OF SOCIAL
SERVICES CHILD PROTECTIVE SERVICES GUIDELINES FOR REFERRALS OF SEXUAL ABUSE TO A
CHILD
The
purposes of the Child Protective Services Program are:
·
To protect the health, safety and welfare of children
·
To assure appropriate protective services are provided to
protect children from further harm.
·
To provide support, counseling, and other services to heal
the effect of child abuse and neglect.
·
To promote the well being of the child at home, when
possible, or in another safe and stable placement.
GUIDELINES
FOR MARATHON COUNTY DEPARTMENT OF SOCIAL SERVICES- JUVENILE JUSTICE
ONGOING SOCIAL WORKERS
Marathon
County Department of Social Services primary goal is to protect the
community, provide competency development, and provide accountability for
juveniles who violate the law. When providing supervision to Juveniles who have committed a
sexual offense, the Department considers community safety first and
foremost.
Dependent on
the situation and the risk to the community, the juvenile may be placed at
the Shelter Home, placed in the Marathon County Secure Facility, placed on
electronic monitor, and or placed under a temporary custody order with
court ordered rules in place regarding restrictions on the Juvenile's
activities such no contact with their victim.
Marathon
County does send victims a victim packet in which they can fill out a
victim-witness statement. Parents
can fill this out if the victim is a child.
This information is shared with the Court and the time the juvenile
is adjudicated. This
information is also considered when the Social Worker makes
recommendations about services and rules that are necessary to the court.
The Juvenile
Justice Ongoing Department does provide information to victims and
offender’s parents about programming that is available through The
Women’s Community.
Primary
Social Worker Responsibilities:
-
Supervise and direct
Juvenile offender’s activity in the community
-
Refer for necessary
treatment and programming
-
Investigate allegations of
rule violations or threats to others.
-
Intervene in the event of a
violation or a new crime
-
Take the offender into
custody when violations are of a severe or dangerous level.
-
Coordinate with other
service agencies along with monitoring the process of treatment.
-
In sibling incest cases,
ensure the victim is receiving treatment and apologies are made.
-
Facilitate an open exchange
of information between the Social Worker and therapists involved in
the case, particularly for incest cases.
-
Return to Court for
Sanction hearings when the Juvenile has violated his or her conditions
of supervision.
The
Social Worker may have the following roles in serving victims of sexual
assault:
-
Obtain information about
the offense and the impact of the offense from the victim’s
perspective.
-
Obtain information about
the offense, which reveals the level of the offender’s ability to
accept responsibility and be accountable.
-
Obtain information about
offender’s methods for gaining access to victims, grooming
techniques, patterns of coercion/use of force.
-
Assess the risk factors
associated with the offense and ensure these are considered when
developing supervision rules/conditions, case plans, and community
placement.
-
Refer victims to
appropriate services as necessary.
-
Assist victims with
concerns when statutorily able.
-
In cases of sibling incest,
the Social Worker may make requests of the family to ensure the safety
of the children in the home or to meet necessary treatment needs.
CHILD ADVOCACY CENTER OF NORTH-CENTRAL WISCONSIN
It
is the purpose of the Child Advocacy Center of North-Central Wisconsin
(CAC-NCW) to facilitate and
enhance the collaboration of professionals whom investigate, assess,
prosecute and plan for the treatment of alleged child victims and/or
witnesses of abuse, neglect and criminal acts.
Marathon County will use a multidisciplinary approach to
establish a cohesive, coordinated system designed to minimize trauma to
the child victim while maximizing evidence collection. Key components to
this approach include law enforcement, social services, the District
Attorney’s office, and the medical community, while also including
victim advocates, mental health providers and other service providers.
As cases of
child maltreatment are encountered, the CAC will collaborate in a
child-centered manner; emphasizing child safety, quality assessments and
investigations, assisting victims and non-offending caregivers in the
recovery process, and working together to prevent future maltreatment of
children. To fulfill this
purpose, the CAC-NCW provides:
·
A positive,
non-intimidating experience in a welcoming and neutral location. Separate
of any law enforcement, child protective service, hospital or Court House
building, the CAC is designed to provide a child and
family-friendly environment for interviews and family meetings.
·
Forensic
interviews; conducted and recorded by trained interviewers. From
the viewing room, Investigators and other MDT members view the interview
via closed circuit television and communicate with the Interviewer.
·
Forensic medical consultation with the possibility for
evaluation, with direct feedback to investigators when appropriate.
·
Collaboration
of professionals to develop a coordinated plan for pursuing the
investigation and for responding to the safety and protective service
needs of the child and family.
·
Support to the family during the stressful time of
investigation and/or prosecution. To assist family stabilization, the CAC
also works with the family to secure needed services, such as child
psychotherapy, shelter, victims’ compensation, and medical care.
·
Case review meetings to give professionals further
opportunities to refine planning, share new information, engage in team
problem solving regarding obstacles in investigations and service
delivery, and refer a child for additional services.
Use and Forensic Interview services of the CAC are free of charge;
separatecharges for medical exams may occur, though the CAC can assist in
seeking Victim Compensation funds. Referrals
are accepted from County Departments of Social or Human Services and Law
Enforcement Agencies.
CHILD
ABUSE AND NEGLECT CLINIC
MARSHFIELD
CLINIC WAUSAU CENTER DEPARTMENT OF PEDIATRICS
A medical
exam is often recommended for children who may have been victims of abuse.
The decision to perform an exam is based on the best interest of
the child. The medical
evaluation should be conducted by or in consultation with specially
trained personnel. The goals
of the medical examination are:
-
To identify trauma which
may or may not require treatment
-
To identify medical
conditions such as pregnancy or sexually transmitted infections
-
To identify other forms of
abuse
-
To collect and identify
medical- legal evidence if present
-
To offer information on the
child’s health and treatment of any medical conditions if necessary
-
To offer appropriate
medical or mental health referrals
Many child
sexual assault victims disclose being the victim of abuse weeks to months
after the last episode. In the majority of cases, genital injury or forensic evidence
is not present. For these
reasons it is often appropriate to schedule an appointment with the
child’s doctor or at the Child Abuse and Neglect Clinic instead of the
going to the Emergency Department.
However
there are certain situations in which a child may need to be seen
urgently.
To make
this decision, it is important to consider:
·
The timing of the last contact
·
The type of contact
·
The safety of the child
If the
child has any medical symptoms, a child should be seen immediately (often
ER) if one of the following is present:
-
The child has a history of acute
(often within 96 hours) sexual assault fulfilling the criteria for
forensic evidence collection
-
The child has a presumed
sexually transmitted infection or concerning medical symptoms
-
There are immediate
emotional or safety issues
-
There is history or
evidence of trauma, bleeding or bruising
The above
information provides general guidelines.
These are not complete medical guidelines and may not apply to a
specific situation. Please
contact a health care provider for specific recommendations if there are
questions about the care of a child who may have been the victims of
sexual or physical abuse or neglect.
Referrals by
a health care provider, the CAC-NCW or other community professionals can
be made to the Child Abuse and
Neglect Clinic by calling the Marshfield Clinic- Wausau Center Pediatrics Department 847-3575.
GUIDELINES
FOR MARATHON COUNTY
DISTRICT
ATTORNEY’S OFFICE
If charges
will be filed:
Ø
Draft the complaint.
Ø
If requested, inform law enforcement that charges have been
filed.
Ø
Send the victim a notification letter, victim rights
information, HIV testing letter, if applicable, and refer the victims to
The Women’s Community.
Ø
Victim/Witness Staff will send a letter to the victim which
includes:
·
Explanation of victim’s rights under Wisconsin Statutes.
·
Explanation of how the legal system works and the role of
judge, prosecutor, defense counsel, jury, etc.
Ø
After making a decision to charge a suspect, the prosecutor
or Victim/Witness Staff may offer to meet with the victim at an early
stage to:
·
Explain the charges filed against the defendant and what any
applicable Sentencing Guidelines recommend.
·
Explain the strengths and weaknesses of the case together
with the possible outcomes and any plea negotiation policy and/or plea
negotiation position being taken by the prosecutor.
·
Consider the desires and opinions of the victim as to
outcome, any plea negotiations, and the victim’s willingness to testify
at trial.
·
Explain to the victim that his or her cooperation with the
prosecution is beneficial to the case and, if possible, agree upon a
course of action. Explain,
however, that the prosecutor is not bound by the wishes of the victim and
must make an independent determination.
·
Ask that a medical release be signed by the victim when
appropriate.
·
Explain to the victim that it is the prosecutor who is
prosecuting the case not the victim and that the victim will be subpoenaed
for trial to appear as a witness if necessary.
·
Determine how involved the victim wishes to be in the case.
·
Where appropriate, recommend the victim seek an injunction
(child abuse, domestic violence, harassment).
·
Encourage the victim to report any and all violations of
bond to the prosecutor or law enforcement officers.
If charges
will be filed and follow-up investigation is also needed:
Ø
Draft the complaint.
Ø
Inform law enforcement of the charges and any follow-up
investigation needed.
Ø
Victim/Witness Staff will send the victim a notification
letter, victim rights information, and refer the victim to The Women’s
Community.
If
follow-up investigation is needed before a charging decision can be made:
Ø
Inform law enforcement more investigation is needed.
Ø
Make a charging decision when additional investigation is
received.
If
charges will not be filed:
Ø
Staff the case with at least one other prosecutor to see if
that attorney agrees with the no prosecution.
Ø
Victim Witness Coordinator will contact victim by phone or
send a letter to explaining the decision not to prosecute.
If requested, prosecutor may meet with victim to explain decision.
Ø
Where appropriate, make other referrals so victim can
receive additional support services.
If
charges could be filed, but defendant meets criteria for Diversion
Program:
Ø
Staff the case to see if one of the three diversion program
alternatives is appropriate.
Ø
Mail victim notification and/or confer with victim done by
Victim/Witness Staff.
Ø
If diversion program option is a deferred prosecution
agreement, DA staff monitors defendant’s compliance with all
requirements.
Ø
If diversion program option is either a deferred entry of
judgment or a pre-charging conference, complaint is drafted and matter
proceeds to plea and disposition.
Ø
In all cases, Victim/Witness Staff notifies victims of
outcome, when requested.
After
Charging, Victim/Witness Staff will:
Ø
Notify victims (requesting notification) of all court
hearings.
Ø
Discuss the purpose of bond and any desired conditions of
release with the victim prior to the initial appearance.
Ø
Keep the victim informed about the detention status of the
defendant, if requested.
Ø
Consider the needs of the victim at all times.
Ø
Facilitate the victim’s participation in all activities at
which the victim has a right to be present.
The
prosecutor will:
Ø
Request that any and all bond conditions include no contact
with the victim as well as any
additional requests the victims may seek.
Ø
Consider the effect of defendant’s requests for
continuance on the victim and object when the effect on the victim is
adverse.
Ø
When requested, the District Attorney’s Office will
discuss the specific plea offer, including sentencing possibilities with
the victim prior to accepting or rejecting the plea.
Disclose all consequences of the plea.
Ø
Determine what courses of action the victim wants taken.
Ø
Consider the needs of a victim in accepting a plea (i.e.,
restitution, prosecution and emotional security).
Ø
Inform the victim any objections to the plea agreement may
be voiced in a victim impact statement at sentencing.
Ø
Provide the victim with the right to make a statement at
sentencing.
Pretrial:
The prosecutor will strive to:
Ø
Provide adequate preparation for the victim for any
courtroom testimony (i.e., preliminary hearings, motion hearings, etc.).
Ø
Ensure that the victim is notified of the pretrial
conference, when requested.
Ø
Offer ongoing emotional support to the victim through The
Women’s Community.
Ø
Answer any questions the victim may have at this stage of
prosecution.
Trial:
The prosecutor will strive to:
Ø
Provide adequate trial preparation for the victim.
Ø
Provide areas for the victim and the victim’s family
separate from the courtroom access used by the defendant and the
defendant’s witnesses during court proceedings.
Ø
Victim/Witness Staff will safely escort all witnesses to
courtroom and witness stand as well as provide all other courtroom
support.
Ø
Advise the victim and witnesses not to discuss the case with
each other in the waiting area or hallways, and especially not with jurors
or within earshot of jurors.
Ø
Advise the victim he or she will probably not have access to
the courtroom until after testifying.
Ø
Provide the victim with access to the courtroom after
testifying, if desired.
Sentencing:
Ø
Inform the victim of the sentencing date, if requested.
Ø
Inform the victim of the rights to present a victim impact
statement as part of sentencing consideration.
Ø
Assist in working with victim to prepare a victim impact
statement.
Ø
Support the victim’s right to speak and/or provide a
written statement and/or have the victim/witness staff read the victim
impact statement at the sentencing hearing.
Ø
Include any need the victim has as part of the sentencing
(i.e., restitution, protection, emotional security, and closure).
Post-Sentencing:
Ø
Mail the victim the Judgment of Convictions, when requested.
Ø
Establish procedures for keeping the victim informed about
changes in the incarceration status of the offender.
Ø
Notify the victim that the defendant is now a registered sex
offender, if applicable.
If
Defendant is found not guilty:
Ø
The prosecutor should give the victim an opportunity to meet
with prosecutor to discuss the trial, ask any questions about the process,
and offer information on other remedies still available (civil
litigations, injunctions, etc).
Ø
Offer the victim an opportunity to meet with the
Victim/Witness Staff to create a safety plan.
Ø
Refer the victim to The Women’s Community if the victim is
in need of emergency shelter or other services.
GUIDELINES
FOR DEPARTMENT OF CORRECTIONS
The main
responsibility of the local state probation and parole office is to
supervise and provide programming for convicted perpetrators of Domestic
Violence or Sexual Assault who are placed by the court directly on
probation or are released on extended supervision from prison. The
Probation/Parole agent will attempt to maintain contact with the victim or
potential victims of Domestic Violence or Sexual Assault. Agents work
closely with The Women’s Community and other service provider groups in
maintaining and supporting on going programming and services for victims
and other non-offending family members.
Primary
Agent Responsibilities
·
Supervise and direct the offender’s activity in the
Community.
·
Intervene in the event of a violation or a new crime.
·
Place the offender into custody in the event of violence or
a threat of violence.
·
Investigate and dispose of violations.
·
Revoke supervision if the violation warrants a return to
court or custody.
·
Follow the revoked case through re-sentencing.
The
Probation and Parole Agent may have the following roles in serving victims
of sexual assault or domestic violence:
·
Obtain information about the offense and the impact of the
offense from the victim’s perspective.
·
Obtain information about the offense, which reveals
offender’s points of denial/minimization.
·
Obtain information about offender’s methods for gaining
access to victims, grooming techniques, patterns of coercion/use of force.
·
Assess the risk factors associated with the offense and
ensure these are considered when developing supervision rules/conditions
and case plans.
·
Allow the victim an opportunity to provide input regarding
conditions of supervision.
·
Refer victims to appropriate services as necessary.
·
Facilitate an open exchange of information between the agent
and therapists involved in the case, particularly for incest cases.
·
Address restitution issues.
·
Provide victims a point of access to the criminal justice
system subsequent to the offender’s conviction.
·
Determine the level of involvement/information the victim
desires relative to supervision of the offender.
·
Provide the victim with information about rules/conditions
of the offender’s supervision if desired by the victim.
·
Maintain ongoing contact with the victim as desired by the
victim-in some cases, such as incest, to closely monitor offender
activities and, in other cases, to provide information relative to the
offender’s adjustment/progress on supervision.
·
Provide notification to the victim relative to various
processes, administrative actions, and other case activities pertinent to
the victim (no contact requirements, release from custody, revocation
actions, hearing decisions, etc.)
GUIDELINES
FOR
DEPARTMENT
OF CORRECTIONS/
DIVISION OF
JUVENILE CORRECTIONS
The
Division of Juvenile Corrections Probation and Parole Primary Goal is to
protect the community by closely supervising and providing
treatment/programming for adjudicated juveniles of sexual offenses who are
released or paroled from a juvenile correctional institution. This is
accomplished by the use of Electronic Monitoring and utilizing a network
of treatment service providers. The Probation/Parole Agent will contact
the victim(s) of sexual assault when the juveniles return to the community
if they indicated their desire to be notified.
Agents work with The Women’s Community and other service provider
groups in maintaining and supporting ongoing programming and services for
victims and other non-offending family members.
Primary Juvenile Probation and
Parole Agent Responsibilities:
-
Supervise and direct the
offender’s activity in the community.
-
Intervene in the event of a
violation or a new crime.
-
Place the offender into
custody in the event of rules violations.
-
Investigate and hold
juveniles accountable for violations of rules of supervision.
-
Revoke supervision if the
violation warrants a return to court or custody.
-
Follow-up with institution
to insure treatment/programming provided consistent for reason for
return (i.e.: relapse prevention/cognitive intervention).
The Juvenile Probation and
Parole Agent may have the following roles in serving victims of sexual
assault or domestic violence:
-
Obtain information about
the offense and the impact of the offense from the victim’s
perspective.
-
Obtain information about
the offense, which reveals offender’s point of denial/minimization.
-
Obtain information about
offender’s methods for gaining access to victims, grooming
techniques, patterns of coercion/use of force.
-
Assess the risk factors
associated with the offense and ensure these are considered when
developing supervision rules/conditions and case plans.
-
Refer victims to
appropriate services as necessary.
-
Facilitate an open exchange
of information between the agent and therapists involved in the case,
particularly for incest cases.
-
Address restitution issues.
-
Determine the level of
involvement/information the victim desires relative to supervision of
the offender.
-
Provide notification to the
victim relative to various processes, administrative actions, and
other case activities pertinent to the victim.
COMMUNITY
RESOURCES
RAPE/SEXUAL
ASSAULT/DOMESTIC VIOLENCE:
The Women’s
Community, Inc.
(715) 842-7323 24-hour phone line
Wausau
1-888-665-1234 toll free 24 hr phone
HAVEN
(715) 536-1300 24-hour phone line
Merrill
Central
Wisconsin Area – SAVS
(715) 384-5555
Marshfield
HUMAN
SERVICE AGENCIES:
Marathon
County Department of Social Services
(715) 261-7500
Child
Protective Services Referrals
(715) 261-7556
MARATHON
COUNTY CHILD ADVOCACY CENTER:
520 N. 28TH
Ave., Suite 110
(715) 848-8600
Wausau, WI
54401
(Corner of
Madonna & 28th Ave.)
LAW
ENFORCEMENT AGENCIES:
EMERGENCY
911
NON-EMERGENCY
·
Wausau Police Dept.
(715) 261-7800
·
Marathon County Sheriff’s Dept.
(715) 261-1200
Marathon
County Sheriff Department
(715) 261-1200
500 Forest
St.
Wausau, WI
54403
Athens Police
Department
(715) 257-7611
221 Caroline
St
Athens, WI
54411
Colby-Abbotsford
Police Department
(715) 223-4944
203 E Birch
St
Abbotsford,
WI 54405
Edgar Police
Department
(715) 352-2891
224 S. 3rd
Ave
Edgar, WI
54426
Everest Metro
Police Department
(715) 359-4202
5303 Mesker
St.
Weston, WI
54476
Kronenwetter
Police Department
(715) 693-4215
1582
Kronenwetter Dr.
Mosinee, WI
54455
Marathon
Police Department
(715) 443-2470
311 Walnut
St.
Marathon, WI
54448
Marshfield
Police Department
(715) 384-3111
110 W. First
St.
Marshfield,
WI 54449
Mosinee
Police Department
(715) 693-2000
225 Main St.
Mosinee, WI
54455
Rothschild
Police Department
(715) 359-3879
211 Grand
Ave.
Rothschild,
WI 54474
Stratford
Police Department
(715) 687-3131
265 N 3rd
Ave.
Stratford, WI
54484
Stevens Point
Police Department
(715) 346-1500
1515 Strong
Ave
Stevens
Point, WI 54481
Wausau Police
Department
(715) 261-7800
515 Grand
Ave.
Wausau, WI
54403
OTHER
CRIMINAL JUSTICE AGENCIES:
Marathon
County District Attorney’s Office
(715) 261-1111
500 Forest
St.
Wausau, WI
54403
Marathon
County Victim Witness Program
(715) 261-1111
500 Forest
St.
Wausau, WI
54403
Crime
Victim Specialist – see glossary for definition
(715) 261-7825
Crime Victim
Compensation
1-800-446-6564
-see glossary
for definition
Marathon
County Clerk of Courts
(715) 261-1300
500 Forest
St.
Wausau, WI
54403
Department of
Corrections
(715) 261-1600
500 Forest
St.
Wausau, WI
54403
Department of
Corrections
(715) 241-8890
Division of
Juvenile Corrections
1699
Schofield Ave. Ste. 120
Schofield, WI
54476
Wisconsin Sex
Offender Registry Website
http://offender.doc.state.wi.us/public
HOSPITALS/MEDICAL
CLINICS:
Aspirus
Wausau Hospital
(715)
847-2121
333 Pine
Ridge Blvd.
Wausau, WI
54401
(Sexual
Assault Nurse Examiner Program) – see glossary for definition
St. Clares
Hospital
(715)
393-3000
3400 Ministry
Way
Weston, WI
54476
(Sexual
Assault Nurse Examiner Program) – see glossary for definition
Aspirus Edgar
Clinic
(715) 352-2333
103 S. Third
Ave.
Edgar, WI
54426
Aspirus
Family Health
(715) 847-2630
2720 Plaza
Dr.
Wausau, WI
54401
Aspirus
Marathon Clinic
(715) 443-6767
670 Community
Circle
Marathon, WI
54448
Aspirus
Weston Clinic
(715) 241-5400
4005
Community Center Dr.
Weston, WI
54476
Bridge
Community Health Clinic
(715)
848-4884
1810 N 2nd
St.
Wausau, WI
54403
Family
Planning Health Services
(715) 345-2929
200 Division
St. #K
Stevens
Point, WI 54481
Family
Planning Health Services
(715)
675-5395
719 N. 3rd
Ave.
Wausau, WI
54401
Emergency
Contraception (EC) Hotline
866-ECFIRST
Marshfield
Clinic
(715) 847-3000
2727 Plaza
Dr.
Wausau, WI
54401
Marshfield
Clinic Athens Center
(715)
257-7521
729 Pine St.
Athens, WI
54426
Marshfield
Clinic Mosinee
(715) 693-9100
390 Orbiting
Dr.
Mosinee, WI
54455
Marshfield
Clinic Stettin Center
(715) 847-0800
3605 Stewart
Ave.
Wausau, WI
54401
Marshfield
Clinic Weston Center
(715)
393-1000
3501
Cranberry Boulevard
Weston, WI
54476
Refugee
Health – Marathon County Health Dept.
(715)
261-1900
1100 Lakeview
Dr.
Wausau, WI
54403
AIDS Resource
Center of Wisconsin
(715)
355-6867
STD Clinic
(715) 261-1900
COUNSELING
AGENCIES:
United Way
First Call
2-1-1
Adult
Counseling & Child Guidance Clinic
(715) 842-3913
PO
Box 615
Wausau WI
54402-0615
Alliance
Counseling Professionals
(715) 842-3009 Reg. Hours
2600 Stewart
Ave. #270
(715) 848-2785 P.M. Emergencies
Wausau, WI
54401.
Dr. Steve
Benson, PhD
(715) 848-0002
2620 Stewart
Ave. #318
Wausau, WI
54401
Connie
O’Hearn, Ph. D. (C)
(715)
843-0803
2620 Stewart
Ave. #318
Wausau, WI
54401
Katherine
Wright
(715)
845-6949
2620 Stewart
Ave. #318
Wausau WI
54401
Center for
Human Development
(715) 842-0944
905 6th St.
Wausau, WI
54403
Center for
Well-Being
(715)
848-5022
2801 N. 7th
St. STE 400
Wausau, WI
54403
Catholic
Charities Counseling Services
(715) 849-3311
401 5th
St. Ste. 443
Wausau, WI
54403
PREGNANCY COUNSELING HOTLINE
1-800-227-3002
CHARIS
Counseling
(715)
848-0525
2620 Stewart
Ave. #310
Wausau, WI
54401
Children’s
Service Society
(715) 848-1457
705 S. 24th
Ave.
Wausau, WI
54401
Elmergreen
(715) 845-7175
114 Grand
Ave.
Antigo: (715) 627-2296
Family Counseling Services
(715) 842-3346
903 2nd St.
Wausau, WI
54401
Lutheran
Social Services
(715) 842-5577
516 McClellan
St.
Wausau, WI
54403
TEEN
HOTLINE:
(715) 848-7238
Runaway &
Youth Services
(RAYS)
(715) 848-7238
(877) 920-7238
Marital and
Family Therapy Services
(715)
842-3913
2100 Grand
Ave.
24 hour phone line: 845-6289
Wausau, WI
54403
Mental Health
Associates
(715) 848-1346
2422 Stewart
Square
Wausau, WI
54401
North Central
Health Care Facilities
(715)
848-4600
1100 Lake
View Drive
24-hour
crisis (715) 845-4326
Wausau, WI
54403
807
E 1st St
Merrill,
WI 54452
INPATIENT
FACILITIES – MENTAL HEALTH:
·
North
Central Health Care
(715) 848-4600
Toll
free 800-468-9700
AODA
SUPPORT
-
Alcohol and Drug Recovery
Services
(715) 387-9700
-
Aspirus Behavioral Health
Services
(715) 847-2205
-
Chemical Dependency Program
(715) 842-3346
-
Premier Recovery Services
(715) 848-4540
PASTORAL:
For
information call:
-
United Way’s First Call
211
-
The Women’s Community,
Inc.
(715) 842-7323
-
Greater Wausau Christian
Service
(715) 842-5635
TRIBAL
RESOURCES:
-
Lac Du
Flambeau Band of Lake Superior
Chippewa Indians (715)
588-1511
-
Oneida
Tribe of Indians of Wisconsin
(920) 490-3820
-
Stockbridge-Munsee Band of
Mohican
(715) 793-4580
-
Forest County Potawatami
Community
(715) 478-7471
-
Menominee Indian Tribe of
Wisconsin
(715) 799-5161
INTERPRETERS/CULTURAL:
1109
6th St.
Wausau,
WI 54403
Hmong,
Spanish, Sign and other languages
* Language Line
(715) 261-3200
EMERGENCY
HOUSING RESOURCES/ASSISTANCE:
-
The
Women's Community,
-
Catholic
Charities
(715) 849-3311
-
Marathon
County Job Center
(715) 261-7754
-
North
Central Community Action Program
(715) 842-0681
-
Salvation
Army
(715) 845-6583
FOOD
PANTRIES:
-
Neighbor’s
Place
(715) 845-1966
-
Salvation
Army
(715) 845-6583
-
The
Women’s Community
(715) 842-5663
-
United
Way
2-1-1
HELPFUL
WEBSITES
Wisconsin Coalition Against Sexual Assault:
www.wcasa.org
National Center for Missing and Exploited Children: www.missingkids.com
Wisconsin
Sex Offender registry www.offender.doc.state.wi.us/public/
GLOSSARY
CRIME
VICTIM COMPENSATION PROGRAM: A
program of the Wisconsin Department of Justice that may be able to provide
financial help to victims of crime. For
information to see if you are eligible and what compensation may be paid,
contact either the Crime Victim Specialist at 261-7825 or The Women’s
Community at 842-7323.
CRIME
VICTIM SPECIALIST: The Crime Victim Specialist is a program of the Marathon County Victim
Witness Program. The
Specialist is located at the Wausau Police Department and is available to
provide information to crime victims after a victim has made a police
report. The Specialist is
available to provide support and information prior to charges being filed
at the District Attorney’s Office.
EMERGENCY
CONTRACEPTIVE (EC), sometimes referred to
as “the morning pill,” is a back-up birth control method that is used
within days of unprotected sex or in the event of a known contraceptive
failure, such as a condom breaking. It
is not intended for use as a regular contraceptive method.
EC prevents a pregnancy from occurring, and should not be
confused with medical abortion drugs – misfepristone (RU-486) or
methotrexate – that end an established pregnancy.
MINOR:
A child who has not attained the
age of 18 years of age, expect that for purposes of prosecuting a person
who is alleged to have violated a state or federal criminal law a child
does not include a person who has attained the age of 17 years.
JURISDICTION:
The location where a crime occurred, determines where the report to
law enforcement should be made. A
forensic interview may be determined by law enforcement or Child
Protective Service Worker and an interview may take place at the
Children’s Advocacy Center.
RESTRAINING
ORDER: A restraining
order is a paper, which is signed by a judge and is a civil order of
protection. It offers civil
legal protection from sexual and/or domestic violence to victims.
Child Abuse Restraining Orders are also available.
Assistance is offered by an Advocate from The Women’s Community.
SANE:
Sexual Assault Nurse Examiner:
SANE nurses are trained to collect medical evidence in a sensitive,
non-threatening way in sexual assault exams.
SANE exams are typically conducted within 72 hours of the assault,
however may be conducted within 96 hours of the assault.
It is recommended that victims of sexual assault do not shower,
bathe, eat or drink, douche, or remove any physical evidence after the
assault. It is still strongly
encouraged to report to the Emergency Department if evidence has been
removed in any way as evidence may still be collected.
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