Resources for Advocates & Law Enforcement

Tools for Victim Notification

These victim notification tools have been created by the North Carolina Department of Justice Sexual Assault Kit Initiative (SAKI) Working Group. This group is a multidisciplinary group of professionals – law enforcement , victim advocates, sexual assault nurse examiners, district attorney, forensic specialists – committed to improving our state’s approach to sexual assault.

• NC SAKI Working Group Victim Notification Recommendations
• Prioritizing Notifications
• Notification Checklist
• Law Enforcement Victim Notification Record Form
• Advocate Victim Notification Record Form
• Survivor Information Form
• Sample Notification Telephone Script
• Notifier FAQs
• Notification FAQs for Victims/Survivors
• Key Terms & Definitions for Victims/Survivors
• For Friends & Family: How to Support a Survivor
• North Carolina Resources

Survivor Act Goals

Two of the fundamental goals of the Survivor Act:

1. Testing of all future sexual assault evidence collection kits (SAKs) reported to law enforcement.
2. Testing of previously untested SAKs reported to law enforcement with a victim-centered and trauma-informed approach.

Steps to follow when you have untested SAKs

1. Enter all SAKs into the North Carolina Sexual Assault Evidence Collection Kit Tracking System and Information Management System (STIMS)
   • Email NCSTIMS@NCDOJ.gov for STIMS access
2. Certify inventory of untested SAKs.
3. Identify all SAKs collected on or before January 1, 2018.
4. For SAKs collected on or before January 1, 2018:
   • Convene a multidisciplinary team (MDT) to review all cases. The review team must be established as soon as practicable, but no later than December 18, 2019.
   • The MDT meets to survey the LEA’s entire inventory of pre-2018 SAKs, then determine a priority order for testing. The review team’s work must be completed as soon as practicable, but no later than March 18, 2020.
   • If there are SAKs in possession where the MDT determines the survivor did not consent to participate in the criminal justice process by reporting the crime to law enforcement (“unreported/anonymous”), send those SAKs to Law Enforcement Support Service (LESS) Warehouse instead of sending them to the Crime Laboratory for testing.
   • Any SAKs that the MDT determines are unfounded (after a MDT determines after a trained cold case review that by clear and convincing evidence a crime did not occur, see FAQ) or adjudicated (where a criminal prosecution has resulted in conviction, the convicted person’s DNA profile is in CODIS, and the convicted person does not seek DNA testing) shall not be submitted.
   • For any SAKs that do not fall within the two points above please request approval by the State Crime Laboratory for testing of those immediately while your MDT does a cold case review of the remaining untested SAKs.
5. Send email to SAK@NCDOJ.gov for form and directions on approval by the State Crime Laboratory for testing of any SAK collected before January 1, 2018.
6. Upon receiving approval for testing from the State Crime Laboratory, submit SAK to outsourcing laboratory.
   • The State Crime Laboratory/Vendor laboratory will test SAKs on a first come first serve basis. Should vendor laboratory capacity become an issue the State Crime Laboratory will provide instructions to LEA’s to submit SAKs based upon their MDT’s prioritization.
7. For SAKs completed between January 2, 2018 and June 30, 2019:
   • SAKs should be submitted as soon as practicable to the State Crime Laboratory using the Forensic Advantage Portal (laboratory information management system) request for examination form.
   • However, any SAKs where the survivor did not consent to participate in the criminal justice process by reporting the crime to law enforcement (“unreported SAKs”) should be sent to the Law Enforcement Support Service (LESS) Warehouse.
8. For SAKs completed on or after July 1, 2019:
   • SAKs should be submitted within 45 days after taking custody of the kit to the State Crime Laboratory using the Forensic Advantage Portal (laboratory information management system) request for examination form.
   • However, any SAKs where the survivor did not consent to participate in the criminal justice process by reporting the crime to law enforcement (“unreported SAKs”) should be sent to the Law Enforcement Support Service (LESS) Warehouse.
9. When results are received from testing pre-2018 SAKs:
   • Review to determine whether the case should be re-opened for investigation and prosecution. It is recommended as a best practice to utilize your local MDT team in reviewing returned case information and determining whether to proceed with the criminal justice process.
10. Once test results are received, and with the support of the MDT, the victim notification process should begin.
    • NOTE: There are some situations where victim notification may not be appropriate or should be made earlier. (See forthcoming victim notification section.)
11. Proceed with case investigation.
12. A law enforcement agency that receives an actionable CODIS hit on a submitted DNA sample must provide an email to the State Crime Laboratory or use the form here within 15 days of an arrest and within 15 days after a conviction resulting from a CODIS Hit.
    

Law Enforcement Training Videos

Multidisciplinary Teams (MDT) FAQ’s

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Process for Submitting Sexual Assault Evidence Collection Kits (SAKs) FAQ’s

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