Dr. Pooley: Thank you for watching Paper to Practice, Unlocking Evidence-Based Advocacy. In part two of this episode, we will discuss victim notification protocols for untested sexual assault kits, and how it relates to trauma-informed advocacy.

Detroit’s Sexual Assault Kit (SAK) Action Research Project was created in response to the discovery of nearly 11,000 untested sexual assault kits in 2009.

Dr. Rebecca Campbell and her colleagues followed the Wayne County Sexual Assault Kit Task Force as they grappled with how they would move forward with testing the sexual assault kits, re-examine evidence and compare DNA results, re-open cases, and ultimately prosecute those eligible cases.

The community task force also worked on the development of victim notification protocols for those survivors whose Sexual Assault Kit DNA evidence was linked to other DNA in the FBI’s Combined DNA Index System, or CODIS.

In first step of the protocol, detectives affiliated with the prosecutor’s office made contact in person with a survivor, notifying them of their kit being a part of the backlog and the fact that their DNA had now been tested and had a hit in CODIS.

In this protocol, advocates were not physically present for the initial notification, but they were on call. During this notification, survivors were asked if they would like to talk more about the testing results and legal action. Survivors had a number of options from meeting immediately alone with a community-based advocate, to scheduling a follow-up appointment with the advocate and law enforcement staff at the victim service agency.

In 2018, Dr. Campbell, Dr. Gregory, and their research team at MSU were invited back to Detroit to collaborate with Avalon Healing Center, the sexual assault advocacy agency that was providing support during the victim notification process. Together, they evaluated the protocol being used to notify survivors of the sexual assault kit backlog.

The team at MSU, along with advocates and Sexual Assault Nurse Examiners at Avalon, worked to establish one of the most comprehensive research projects to date examining the victim notification protocol being used in Detroit. With the aid of Avalon, the research team met directly with survivors who had been through the notification process, whose cases moved forward to prosecution and resulted in the conviction and sentencing of the perpetrators of the sexual assaults. This collaboration resulted in a study that included extensive interviews with 32 sexual assault survivors in Detroit, Michigan.

Dr. Gregory: This particular research project is the result of a long-standing relationship between DR. CAMPBELL and the staff at Avalon in Detroit.

Dr. Pooley: These survivors had all experienced a sexual assault kit victim notification from law enforcement personnel informing them that their kits had finally been tested and resulted in a DNA match to someone in the FBI’s national criminal database. The kits tested were all at least 6 years old, with one dating back 28 years. These 32 survivors agreed to participate in the investigation and prosecution of their cases and received support from community-based advocates throughout their notification process and re-engagement with the criminal legal system. Twelve of these advocates were also interviewed for this research study. From the interviews, several key findings emerged about how to perform victim notifications in a trauma informed way.

Dr. Gregory: How survivors are notified and who conducts the notifications matters. Being notified by law enforcement was alarming for survivors who thought they might be in trouble, so having advocates make the first contact is recommended. Being notified in-person put some survivors in a difficult position of having to disclose their assault to other people who were in the home when the notifiers arrived. It may be easier for a survivor to protect their privacy with a phone notification rather than in-person. Whichever way someone is notified, it is helpful to ask the survivor if they are in a good position to discuss sensitive information.

What information is given in the notification matters. It is important to communicate upfront that the reason for the contact is to inform survivors that their sexual assault kit had not been tested when it was originally collected, why it had not been tested until now, and what the result of the test shows. It is also important to offer an apology that their kit wasn’t tested when it was received.

The notification process greatly impacted survivors’ emotional well-being. Most survivors noted that the notification left them emotionally distressed and overwhelmed, including feeling triggered or re-traumatized or struggling with returning PTSD Symptoms that made it challenging to return to their normal life and routine after such a significant emotional disruption. Many survivors felt angry and frustrated or betrayed, and others felt cautiously hopeful that they may have a second chance at justice.

The services provided by advocates were hugely appreciated and helpful. Throughout the entire process of notification and prosecution, advocates provided crisis intervention and emotional support, confidential communication and consultation, court accompaniment and advocacy, and assistance with other life needs. In contrast to others involved in this process such as law enforcement and attorneys who have multi-faceted responsibilities, the sole role of a community-based advocate is to support the survivor. Having advocates present helps refocus everyone’s attention on the well-being of survivors. Advocates continued to maintain contact and provide comprehensive advocacy services to survivors long after their court cases have ended.

Dr. Gregory: Overall, the results of this study suggest that integrating confidential community-based advocacy services into all aspects of the notification and prosecution process is critical for supporting survivors’ well-being and promoting justice.

Dr. Pooley: Based on this study, as well as other studies, these are some tips to consider when notifying survivors:

Prioritize safety. Survivors’ safety is the top priority when conducting notifications. Concerns about retribution from the offender or their friends or family can create real anxiety and fear for survivors. Help survivors with safety planning.

Protect privacy and confidentiality. Notifying a survivor of a sexual assault kit test should happen in a way that offers the most respect for the survivor’s privacy, such as a phone call where the survivor can confirm that they can speak freely. Be aware that the survivor’s family, friends, and co-workers may not be aware of the assault.

Ensure survivor determination. It is vital to ensure that survivors are in control of how notification occurs, so they feel safe and supported throughout the process. After the initial contact, offer survivors choices for how they receive future information about their cases, when and how often they receive updates, and how much detail they want to receive.

Offer support and resources. Coordinate with local agencies serving diverse populations to ensure that all survivors’ needs are addressed. Written information, including a list of available services such as counseling, is helpful, and you can download a template for a customizable palm card for survivors. Assist with other life needs such as housing, childcare, education, employment, financial support, and government assistance even after the court cases are closed.

Apologize with Kindness and Respect. Being treated in a compassionate, respectful, and empathetic manner can facilitate healing. If notifying a backlog survivor whose kit had been untested for years, it is important to acknowledge and apologize for the length of time it had taken for the kit to be tested or the case investigated.

Provide complete information. Having access to information about their case is crucial to survivors and can promote healing. Ensure that survivors know who to contact with questions or concerns as the case progresses.

Dr. Pooley: While this research is specific to the sexual assault kit backlog, these tips can be useful for advocates notifying any victims about what is going on with their cases.

Thank you for watching part 2 of this episode of Paper to Practice on Sexual Assault Kit Victim Notifications. You can explore more topics on the paper to practice tab on the MiVAN website.