The purpose of the case review is to extract documented and verifiable information from case files that will be used to analyze similarities in case processing and case outcomes. It is important that all persons reviewing cases to complete the tracking form, follow the instructions below to ensure reliability and validity of the data. Please note that the ideal reviewer is not familiar with the case(s) to ensure that the information recorded in based on documentation in the file, and not subjective familiarity with the case. Anticipated average review time for each case is 2.5 hours.

General Instructions

1. When marking items on the tracking form, please use an “X” in the checkbox.
2. If you mistakenly place an X in the wrong box, please strike through the whole item (box and text) to indicate that the X was placed in error.
3. If no information is available for the element on the tracking form (g., age, characteristics, etc.), mark unspecified.
4. Only record information that is contained in the case file. The intent is draw from the information that was available in the case file to the prosecutor. Do not make assumptions or guesses based on knowledge of the case. For example, if the file does not indicate the victim has a history of mental illness, but you recall that she was on psychotropic medications in an earlier case, you would not check the box next to mental health history. If there is a statement from the victim indicating she had not taken any of her psychotropic medications since the assault, then you would check the box next to mental health history.
5. In situations where there is conflicting information (g., suspect is identified as Hispanic and then later as African American), leave the field blank. This scenario is different from cases in which there is no information indicated (e.g., if suspect race is unidentified). If the conflict is resolved (i.e., information verified in the file), enter the verified information. For example, if the victim claims to not have been under the influence of drugs or alcohol at the time but medical records from the emergency room visit immediately after the assault has a blood alcohol level reading and witness confirm drinking at a bar, check the box next to voluntary ingestion of alcohol by victim.

Victim Information

1. For gender – select only one option based on self-definition by the victim.
2. For race/ethnicity – select only one option based on self-definition or race/ethnicity identified in the originating report. Do not guess based on appearance or last name.
3. Victim age at time of assault – enter the age of the victim, in years, at the time of assault. If there is more than one reported assault, enter the age of the victim at the time of the most recent assault. If necessary, age may be calculated from birth year to assault year.
4. Victim age at time of report – enter the age of the victim, in years, at the time of the police report (if more than one report, enter the age at the time of the most recent report). Age may be calculated by subtracting report year from birth year.
5. Victim characteristics – mark all indicated in the file as present at the time of the assault.

a. Mental health history — report of diagnosis or treatment for mental health issues, including use of prescribed medicines as part of a diagnosis.

b. No permanent address — specific report victim has no fixed or permanent address; if there is no indication of a whether victim has an address, leave the field blank.

c. Limited English proficiency — report that victim does not speak or understand English proficiently and/or requires the use of a translator.

d. College/university student — victim was enrolled in and attending a college or university at the time of the assault.

e. Military — victim was in the military at the time of the assault.

f. Incarcerated/detained/institutionalized — victim was housed in a secure setting at the time of the assault and not free to leave.

g. Resident facility — victim resides in a residential facility such as a nursing home, hospice, half-way house at the time of the assault.

h. Prior reports of sexual violence — victim has made reports of past sexual violence against the current suspect or others; includes both official reports made to law enforcement and disclosures of past sexual violence as part of current investigation.

i. Physical/cognitive disability — victim has observable or documented impairments that impact daily functioning; may include physical disabilities as well as emotional and learning disabilities.

j. Consensual sexual activity (prior) — victim reports there had been consensual sexual activity with the suspect prior to the assault.

k. Consensual sexual activity (after) — victim reports there has been consensual sexual activity with the suspect after the assault occurred.

l. Involved in commercial sexual activity/commercially sexually exploited — includes victim or witness statement of involvement in commercial sexual activity or exploitation at the time of the assault; commercial sexual activity extends to exotic dancing as well as exchange (whether voluntary or involuntary) of sexual activity for something of value.

m. History of involvement in commercial sexual activity/sexually exploited – includes victim or witness statement of past involvement in commercial sexual activity or exploitation; extends to exotic dancing as well as exchange (whether voluntary or involuntary) of sexual activity for something of value

n. Abuse or addiction to drugs or alcohol — victim admission to drug or alcohol abuse or addiction historically or at the time of the assault; documentation of current or prior abuse or addiction.

o. Victim does not participate — includes unreturned contacts from the victim that preclude further investigation/prosecution; statements from victim about willingness, ability, or availability to participate; statement from advocates about victim’s willingness, ability, or availability to participate.

p. Victim criminal history — includes prior arrests and/or convictions of criminal offenses.

q. History of domestic violence (victims) – includes victim statements about domestic abuse or violence; documentation of prior domestic violence; includes information about victimization.

r. History of domestic violence (perpetrators) — includes statements about domestic abuse or violence perpetration; documentation of allegations of domestic violence perpetration.

s. None of these apply — check this box if there is no evidence that any of the prior characteristics apply.

6. Drug/alcohol use by victim

a. Voluntary ingestion of alcohol/drugs — includes victim or witness statements regarding the ingestion of alcohol or drugs in the time period leading up to the assault.

b. Involuntary ingestion of alcohol/drugs — includes victim or witness statements regarding impaired behavior without voluntary ingestion of alcohol or drugs and, if available, medical documentation of the presence of drugs or alcohol in the victim’s system at the time of the assault.

c. Mistaken/misrepresentation of ingestion of drugs — includes victim and witness statements about the voluntary ingestion of drugs and the type of drugs that are later documented as being of a different type (g., victim thought s/he was taking MDMA and tests later reveal it was Rohypnol).

d. No drug/alcohol ingestion — documentation indicates that alcohol or drugs were not ingested by the victim.

e. Unspecified — no information contained in the report about alcohol or drug ingestion at the time of the assault.

7. Victim physical injury — generally includes medical documentation of physical injury with the following additional guidance:

a. Other serious physical injury — includes observation of and/or documentation of injury that would typically require medical care, whether or not the victim seeks such care, including broken bones, cuts requiring stiches, internal injury, petechial, etc.

b. Minor physical injury — includes observation of and/or documentation of injury that would typically not require medical care such as bruises, minor cuts, scrapes, abrasions.

8. Medical-forensic examination conducted — generally documentation that services were or were not provided.
9. Relationship with suspect(s) — mark all that apply if there is more than one suspect; if there is only one suspect, mark the relationship identified by the victim.

Suspect Information

1. Number of suspects – enter the number of suspects reported by the victim; if victim stated number is unknown, enter unknown. If there is no indication of how many suspects, mark unspecified.

2. Suspect gender – mark all that apply and indicate how many suspects within each gender category.

3. Suspect race/ethnicity – mark all that apply and indicate how many suspects within each category. Determination of race/ethnicity should be made in one of two ways:

a. Victim description of race/ethnicity; or

b. Suspect(s)’ racial/ethnic identification. If the suspect is identified in the investigation and notation of race/ethnicity is documented, enter the documented race/ethnicity.

4. Suspect age – mark the age category of the suspect(s) and indicate the number of suspects in each category.

5. Characteristics of suspect – mark all that apply to one or more suspects.

a. No permanent address — specific report that suspect has no fixed or permanent address; if there is no indication of a whether suspect has an address, leave the field blank.

b. Limited English proficiency — report that suspect does not speak or understand English proficiently and/or requires the use of a translator.

c. College/university student — suspect was enrolled in and attending a college or university at the time of the assault.

d. Military — suspect was in the military at the time of the assault.

e. Incarcerated/detained/institutionalized — suspect was housed in a secure setting at the time of the assault and not free to leave; includes suspects who work in such facilities.

f. Resident facility — suspect resides in a residential facility such as a nursing home, hospice, half-way house at the time of the assault; includes suspects who work in such facilities.

g. Physical/cognitive disability — suspect has observable or documented impairments that impact daily functioning; may include physical disabilities as well as emotional and learning disabilities.

h. History of mental health — report of diagnosis or treatment for mental health issues, including use of prescribed medicines as part of a diagnosis.

i. History of abuse/addition — suspect admission or witness testimony to drug or alcohol abuse/addiction historically or at the time of the assault; documentation of current or prior abuse/addiction.

j. History of domestic violence (victims) – includes victim statements about domestic abuse/violence; documentation of prior domestic violence; includes information about victimization.

k. History of domestic violence (perpetrators) — includes statements about domestic abuse/violence perpetration; includes documentation of prior allegation of domestic violence.

l. None of these apply — check this box if there is no evidence that any of the prior characteristics apply.

6. Drug/alcohol use by suspect — if witness or defendant statements or medical information indicates drug/alcohol use at the time of the assault, mark suspect under the influence. If it is documented that there was no known drug/alcohol use, then mark no known use by suspect. If no information exists, mark unspecified.

7. Criminal record of suspect(s) — mark all that apply for each suspect and if multiple suspects are involved also mark multiple suspects. 

Case Characteristics

1. Sexual acts involved — mark all that apply.

2. Characteristics of assault — mark all that apply.

a. Perpetrated using force or threats — allegations or documentation of physical force, such as the use of restraints by hand, verbal threats, or other means.

b. Weapon used or threatened — allegation or documentation of a weapon used during the attack or the implied presence of a weapon during the perpetration of the assault.

c. Perpetrated against victim with impaired motor skills — victim suffered from impaired motor skills resulting from physical disability, injury, drugs, or alcohol.

d. Perpetrated against victim with impaired communication skill — victim suffered from impaired communication skills due to disability (g., deafness, muteness, cognitive disability), or impaired speech due to alcohol or drug use.

e. Perpetrated against victim who is unconscious/moving in and out of consciousness — victim was unconscious or in the state of entering/exiting unconsciousness.

f. Perpetrated against victim with severe physical or cognitive disability — victim suffered from disability that impact day-to-day functioning that can include autism, severe mental illness, developmental delays, paralysis, etc.

g. Perpetrated against a victim who is institutionalized — victim was in an institutional setting at the time of the assault including a correctional facility, care facility, assisted living facility, group home, halfway house, etc.

3. Completed vs. attempted assault — based on the highest charge considered by prosecutor or presented to the Grand Jury for each suspect; include the number of suspects in each category.

4. Time between assault and police report — if not explicitly stated in the case file, calculated by subtracting the assault date (most recent, if there were multiple assault dates) from the police report date.

5. Case processing — calculated by subtracting the date case was received from law enforcement from the date of Grand Jury presentment; select N/A if the case was not presented to the grand jury.

6. Total case processing — calculated by subtracting the date case was received from law enforcement to disposition or sentencing; includes cases in which the disposition was no charges filed, no True Bill, dismissal, or nolle prosequi.

7. Case disposition — mark only one disposition type.

a. If case was rejected or disposed by guilty plea for a lesser charge (either lesser sexual or non-sexual offense), mark all reasons that apply.