Thread by @kavsmaina

Police officers play a critical role in tackling sexual violence. Under the law, they have a duty to assist victims to access justice and receive immediate medical attention.

Do survivors feel safe going to the police?

What does the law say?

#Justice4SGBVSurvivors

@InteriorKE

A police officer to whom a report of commission of a sexual offence has been made shall notify a nurse, clinical officer or medical practitioner at any health
facility and refer the survivor accordingly for medical treatment. Sexual Offenses Act, 2012

#Justice4SGBVSurvivors

At the police station, a report is entered into the OB and the survivor is issued with a P3 form free of charge. An OB number is availed to the survivor. If the survivor has not been to the hospital, s/he goes there immediately after reporting.

#Justice4SGBVSurvivors

Where possible an officer should accompany the Survivor to a health facility. If not, they should instruct that a clinical officer should assist the Survivor in filling
the P3 form as per MOH Directive No. MOH/DMS/
HR/11(Dated 24th May 2018)

#Justice4SGBVSurvivors @InteriorKE

The police should record the statement of the survivor & any witnesses in privacy, treating them with as much credibility as victims of other crimes are. The survivor should sign the statement only when s/he is satisfied with what the police have written.

#Justice4SGBVSurvivors

A survivor of sexual violence has a right to legal representation in a Court of Law. The key to any successful criminal investigation and prosecution is the quality of evidence obtained at the crime scene and throughout the investigation.

#Justice4SGBVSurvivors @InteriorKE

“In sexual violence case particularly rape, there are two crime scenes: the location where the rape took place and the rape victim's physical person”.

Locard’s exchange principle:
States that, every contact leaves a trace.

#Justice4SGBVSurvivors

@InteriorKE @ODPP_KE

Evidence can be broken down into 5 categories;
Direct - straightforward evidence, e.g a positive swab from the victim for semen with identifying DNA.
Circumstantial - evidence supporting a truth by implication or inference.
#Justice4SGBVSurvivors @InteriorKE @ODPP_KE

Testimonial evidence - includes survivor/witness/suspect statements, expert testimony and oral testimony during court proceedings.
Documentary Evidence - evidence introduced at a trial that documents or supports a truth or fact.
#Justice4SGBVSurvivors @InteriorKE @ODPP_KE

And finally,
On-scene physical evidence is anything tangible that can establish a crime was committed.

Analysis of forensic evidence must be relevant to have probative value; it must establish evidentiary facts to be beneficial.

#Justice4SGBVSurvivors

@InteriorKE @ODPP_KE

For #Justice4SGBVSurvivors to prevail, forensic examination, specimen collection, analysis and documentation must provide the vital link between the health and criminal justice systems and remain crucial components in securing prosecution and sentencing.

@MOH_Kenya @InteriorKE

The Chain of evidence - refers to the process of obtaining, preserving and conveying evidence through accountable tracking mechanisms from the community, health facility and finally to the police.

#Justice4SGBVSurvivors @InteriorKE @MOH_Kenya @ODPP_KE

An efficient system requires a “Chain of Evidence” that allows forensic evidence collected from the health facility to proceed to a forensic laboratory for analysis and hence to the police for action.

#Justice4SGBVSurvivors @InteriorKE @ODPP_KE

REMEMBER:
Maintaining proper chain-of-evidence is as important as collecting the proper evidence. Without this complete documentation, with signatures from the individual(s) who collected the evidence to the courtroom, the evidence will be inadmissible.

#Justice4SGBVSurvivors

Physical evidence is the responsibility of the investigator "chain of custody" must be clearly established in order to ensure that the evidence will be admitted in the court proceeding. This is why it is CRITICAL in securing, #Justice4SGBVSUrvivors

@InteriorKE @ODPP_KE

To be convicted of any crime, the prosecution must prove each & every element of the crime charged beyond a reasonable doubt. Success may depend entirely on an investigator's testimony, there is no excuse for an investigator to come to court unprepared.

#Justice4SGBVSurvivors

The investigator is the first link in the criminal justice chain & his/her method of investigating a crime scene must be thorough & encompassing. Failure may result in the loss of valuable evidence & may set the stage for the loss of the case in court.

#Justice4SGBVSurvivors

Collection of evidence by the investigator must be systematic and methodical. Effectiveness in testimony for example, depends almost entirely on preparation which includes the participation of the prosecutor, the investigator, and witnesses.

#Justice4SGBVSurvivors @InteriorKE

One of the most important things that an investigator can do in court is to present the evidence in a chronological fashion from general to specific information. Witnesses should also be prepared for court but should never be coached on what to say.

#Justice4SGBVSurvivors