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Police process
What the police do
The main role of the police is to investigate what happened. They do this by gathering evidence. This may include tracing witnesses. Depending on the evidence available, they will arrest and charge the suspect(s). If a suspect is charged, the police will send a report to the Procurator Fiscal who will decide what action should be taken next.
The police also provide initial support to people who have been raped or sexually assaulted. This includes making sure people get medical assistance; giving them information and advice; and telling them about other agencies which can help.
All police forces have staff who are specially trained to deal with rape and sexual assault.
When you report to the police
Your first contact could be with any officer but you will very quickly be seen by a police officer who is specially trained in working with people who have been raped or sexually assaulted. They know that rape and sexual assault is distressing and traumatic, and they will be as sensitive as possible while continuing to investigate the crime.
If you need emergency medical help, the police will arrange for you to get this.
Recent assault
When you report rape or sexual assault, the police gather as much evidence as possible. This is used to prove what happened. So, if the incident has just happened try NOT to:
- Wash yourself (but if you do, wipe yourself with tissues first and keep these; don't use household cleaning products to wash yourself)
- Clean your teeth
- Clean your fingernails
- Change or wash any clothes you were wearing
- Eat or drink anything
- Take any alcohol or drugs
- Go to the toilet (if you do keep any tissues you use; also keep any sanitary protection)
- Change or wash your bedclothes if the assault took place there
If you do these things it can destroy important evidence such as the attacker's semen, saliva or blood.
But, if you do any of these things, this does not mean that there is no evidence for the police to find.
When you are in the police station
Some police stations have special facilities for people who have been raped or sexually assaulted. These are designed to be as comfortable and private as possible. They are not available everywhere in Scotland, but each police force area has a facility and you may be taken there.
You can have someone with you (a supporter). But if your supporter is a witness to the incident, they will not be able to stay with you while you give your statement (see below).
The police will carry out their procedures as soon as possible but sometimes people have to wait in the police station for several hours while their statement is taken and any forensic examination arranged (see below). If you are having a forensic examination, it is helpful not to eat or drink anything until it is known whether or not samples from your mouth are needed as evidence may be damaged or lost.
There may be delays, for example, depending on how soon the doctor can attend.
Your statement needs to be as detailed as possible so it may take a long time to complete.
If there is anything you are unsure or unhappy about, tell someone in the police station.
Giving information to the police (statement)
The police officer will ask you questions about the assault. This is to build up a picture of what happened, find out about your attacker and check if you think anyone else saw or heard anything. Some questions may seem awkward and difficult but are necessary for the police to take the case to the next stage. You should not be asked questions about your sex life that do not relate to the incident. But, the police may need to ask you if you had recent consensual (agreed) sex with someone as that may affect any forensic examination (see below). If you are not sure of the reasons for any questions, you can ask for an explanation.
It is best to be as open and honest as you can. If you can remember what happened, it is better to be upfront from the start rather than change the details later. For example, some people are reluctant to say that they were drunk or had taken drugs at the time of the assault. But, it is important to remember that the attacker is responsible for the assault and not you. Rape and sexual assault are never OK, in any circumstances. The police should not judge you or blame you.
You may find it difficult to remember anything much. This is not unusual and a normal response when something traumatic happens. You may not remember anything if you were raped or assaulted when you were asleep or unconscious.
The information you give is written up into a statement. This will be in your own words and in your first language. It will be read back to you. You can change or add to this before you sign it. The police may contact you the next day to go over the statement, and you can add to it then.
You can take as much time as you need. You can ask for a break at any time. You can also add information later if other details come back to you some time afterwards.
Tell someone in the police station if you are unsure or unhappy about what is happening.
Forensic examination
If the assault was recent, you may be asked if you are willing to have a forensic examination by a doctor who works with the police. This is to gather evidence and note any injuries to help investigate what happened. You can choose whether or not to agree to this.
Forensic examinations are done by ordinary doctors with special training. You can ask to be seen by a male or female doctor and the police will do their best to provide this. The doctor will do everything they can to make you feel as comfortable as possible. You can ask for the examination to stop at any time.
You will be asked to drop any items of clothing touched by the attacker into a bag. This involves you undressing. If necessary, you will be given a gown to wear.
The doctor will ask you what happened and where on your body so that they know where to look for any evidence. Depending on what happened, the doctor will examine you. They may take samples of anything which may contain the attacker's DNA such as semen or saliva.
The doctor may ask for a police photographer to take photos of any bruising or injuries. You can choose whether or not to agree to this. You can ask for a male or female photographer.
After the forensic examination, a police officer may want to go over your statement with you as there may be information to add or change.
If the police keep your clothes, they will arrange to have other clothes brought to you. You will get your clothes back once the case is over. This may take some time.
You may be asked to attend a second examination although this is rare. This is to gather more evidence such as bruising which might not show at first.
Other evidence
The police may gather other evidence. For example, if you were assaulted in your home, the police may come to your house to look for evidence. If you were attacked outside, the police may take you there so you can show them exactly where it happened. There may be CCTV images from any cameras in the area.
The police will also trace and interview any witnesses.
You may be asked to go back to the police station to look at photographs or attend an identification parade. This is done by viewing a DVD, usually in the police station.
What the police are looking for
The police are looking for evidence which shows what happened. This is to help confirm that the assault took place and that you did not consent to it. This can be difficult as rape and sexual assault often happen when no one else is around and there may be little evidence. Your statement is one piece of evidence. But, the law states that there must be other evidence for a case to go to court. So, if the police do not charge someone, it does not mean they do not believe you or that they have not taken the assault seriously.
Finding the attacker
Your statement is passed onto the police Criminal Investigation Department ( CID), and a detective will try to identify and find the attacker. If the attacker is identified, detective officers will interview them at a police station. After this interview, they may be charged or released without charge. If they are charged, the police will report to the Procurator Fiscal (fiscal). The fiscal will examine the evidence the police have gathered and decide what action to take next ( see here).
Detaining and arresting the attacker
If the police suspect someone has committed a crime but do not have enough evidence to arrest, they can keep (detain) them in the police station to allow for further enquiries and to interview them. They must then let them go unless they have enough evidence to arrest them. But they can still investigate the crime.
If the police have enough evidence that someone has committed a serious crime, they can arrest them and take them to a police station. The police will decide whether to keep them in the police station (custody) until going to court the next day or may release them (on undertaking) pending a report to the Procurator Fiscal. The 'undertaking' means that the person must agree to appear at court when told to do so. This is generally within two weeks. The court may place certain restrictions on them such as not contacting you or coming anywhere near you. If they break these restrictions, contact the police immediately.
Whether a person is kept in custody or released from the police station depends on each case. If the assault happened some time ago, then they are more likely to be released. However, if the police think that you or someone else is at serious risk, then they are more likely to be kept in custody.
The officer in charge of the police station makes this decision. The police must be very sure about keeping someone in custody because the law states that a person is innocent until proven guilty by a court.
If you are at all worried about what might happen to you or someone else if your attacker is released, tell the police immediately.
The police will tell you what they decide and what will happen next.
If the police cannot find enough evidence or identify the attacker
If the police cannot find enough evidence or identify the attacker, they will record that the assault took place and keep any evidence and information they have gathered. They will tell you if no further action can be taken. If this happens, it does not mean that you were not believed or that the assault was not taken seriously. It means the police could not meet the legal test for taking the case forward. Many people find this upsetting and difficult. It may help to talk this over with a support agency.
Your safety
If it is not safe for you to return home or if you are in any way worried, the police will help to make sure that you are not at further risk. This might include finding somewhere safe for you to stay such as local authority emergency accommodation or organising an alarm service for your home.
Support
The police will keep you updated about the case and explain any decisions made. If you agree, they will pass your details onto Victim Support Scotland ( see here) who will keep you informed and support you through each stage. They can also tell you about other organisations which can help. The police officer you give your statement to is likely to be your contact throughout. Before you leave the police station, make sure you get a note of their name and phone number.
You have a right to be treated sensitively and with respect and to be kept informed while you are in the police station and during the police investigation.
You have a right to complain if you are not treated sensitively and with respect and kept informed.
If your first language is not English or if you have a sensory impairment or other additional communication need, interpreters and other assistance will be given so you can tell the police the details of what happened.
You can ask to speak to a male or female police officer.
It may be difficult to remember what happened and to answer all the questions. This is very common. You may remember more at a later date.
Tell the police if you are worried about your safety or the safety of someone close to you.
Police contact details: see here
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