Responding to Sexual Assault in
Custody
Last Updated : June 2022
Next Review Date : March 2023
Owner : Chief Nurse / Director Physical Health
1. Purpose
To provide guidance to staff when responding to an alleged recent or past disclosure of
sexual assault.
Please note: Health are not required to carry out a formal sexual assault assessment or
medical examination; this should always be referred to a Sexual Abuse Assessment and
Treatment Service (SAATS).
2. Response
In an acute situation provide emergency care and/or immediate first aid.
Custodial are responsible for cordoning off as appropriate the area the alleged assault
took place in, as a crime scene for police.
All conversations a er an alleged sexual assault takes place in a private area, where the
conversation cannot be overheard, and by the most appropriate clinician available.
During this conversation provide reassurance and support using statements such as:
I’m sorry this has happened to you. So that I can help you, I need to ask a couple of
questions, can you tell me what has happened to you, when this happened to you?
Do you have any pain? Or tell me about any symptoms you have?
Can we arrange for you to talk to the Sexual Assault Assessment team who can
make sure you’re ok and help deal with any concerns you may have about your
health?
The Sexual Assault Assessment Team will talk you through your options. One of
these is to have a physical exam and evidence collection
The Department of Corrections is obliged to inform police (Custody will do this)
but you have the choice as to whether you want to speak with police or not
2.1. Sexual Abuse and Assessment Team
(SAATS)
SAATS provide specialist sexual assault medical services to people of all ages and
genders who may have experienced sexual assault.
The local SAATS is contacted for advice in all instances.
With consent, arrangements can be made for a sexual assault assessment.
Contact with the local SAATS is usually done by calling the local DHB operator and
asking to be put through to the SAATS Team or search her
e Find a specialist sexual
assault medical service
2.2. Decline SAATS Team Assessment
If a person declines an assessment from the SAATS then offer to arrange a consultation
by phone.
If the person declines any involvement with the SAATS then the medical officer is
notified, and an appointment booked urgently.
The medical officer will provide a general medical assessment (not a sexual assault
assessment) which will involve
Assessment, treatment, and documentation of any injuries
Completion of ACC 45
Record in Classifications using READ code SN571
All documentation is written in a clear and factual manner. Noting how the person
presents, any injuries and exactly what they tell you happened verbatim.
3. Preparation
Use
Getting Specialist Medical Health A er Sexual Assault as a guide t
o help prepare
the person to meet with the SAATS team. A copy is given to the person as well.
3.1. Preserving Evidence
When a person agrees to a SAATS assessment and/or wishes to involve the police, it is
important to preserve DNA, semen and trace evidence, which deteriorates over time,
and may be lost with washing or contact with other people or through medical
interventions.
If possible, ensure the person does NOT do any of the following
wash
change clothes
pass urine (If need to advise not to wipe, and also collect a urine sample)
pass a bowel motion
eat and/or drink
brush hair and/or teeth
rinse mouth.
All items of interest (sheets, clothing etc) from the cell or place of assault are placed into
an evidence bag by Custody Officers using clean gloves.
4. Transfer for Assessment
If the advice from the SAATS team is for an assessment to take place off site, then
arrangements are made following the transfer of a patient procedure.
Depending on local arrangements, off site examinations may be done at a sexual health
clinic, an emergency department, a dedicated sexual assault clinic, or at a police
station.
Sexual Assault examinations may also be conducted on-site if suitable medical
examination rooms are available (e.g., all surfaces can be wiped down to prevent DNA
decontamination) and if the local SAATS are able to travel to the site.
Health Services ensures that prison security is aware of the patients’ appointment and
are mindful that Officers escorting are sensitive to the situation.
5. Custody during Assessment
It is preferable that Custody Officers are not in the room during an exam. If they must be
in the same room, they can stand behind a curtain or outside the door and/or long
chains are used if required.
Corrections health services staff are able to support the person during an assessment if
consent is gained, but they do not provide any custodial / security duties while in the
room.
6. Notification
The Health Centre Manager is notified as soon as possible.
Due to the potential for continued or future assault, then the Prison Director and
Principal Custody Officer are notified by the Health Centre Manager as soon as possible.
7. Follow Up
Ensure all Health Services notes are documented in the electronic clinical file.
Refer to site Clinical Nurse Specialist or Intervention Support Program team for
guidance.
Refer, if consented, to external support groups / counselling.
Welfare checks are scheduled in consultation with mental health services and the
person concerned.
Welfare checks are preferably made by the same person or by a small group of staff
members to provide continuity and to prevent re-traumatisation.
8. Other Policies, Legislation and
Related Documents
The following policies, legislation and documents should be considered when reading
this policy:
Informed Consent