174. Wherever possible, detailed disclosures of sexual violence should be taken by the
‘go to’ staff within the institution. This is important as where a victim/survivor
has disclosed a rape to someone else before the police, there are strict rules
governing whether these disclosures can be used as evidence at court. Staff
taking disclosures should be appropriately trained to ensure they (i) are nonjudgemental, (ii) record disclosures verbatim, (iii) focus on recording the facts
and avoid offering their own opinion, (iv) know when to stop and (v) don’t try to
answer on behalf of the victim/survivor. It is crucial that individuals carry out
this function correctly as information recorded in a disclosure may be used in a
subsequent court case. Chapter 3 includes some recommendations on
disclosures and Annexe F includes a template from Rape Crisis South London.
Care referral pathways should also include details of available external and
internal support including counselling services.
Alleged perpetrator duty of care
175. This will involve the management of risk (including to the wider student body
and the alleged perpetrator), disciplinary matters and a day-to-day response.
176. The duty of care towards the alleged perpetrator should be underpinned by an
institutional commitment to recognising that an individual is innocent until
proven guilty. Nonetheless, any response must risk assess the possibility of harm
that an alleged perpetrator may pose to the wider student community or
themselves.
177. The duty of care to the alleged perpetrator will include making them aware of
the allegations made against them, appropriate academic support if suspended
and being kept informed of any university investigation.
178. Support for both the victim and the alleged perpetrator may be provided by the
same team but must be provided by different members within that team. Care
should be taken to ensure that the risk of the victim and alleged perpetrator
coming into contact with each other is managed effectively. Furthermore, there
is the possibility that members of the same team may receive separate
disclosures from each party. If a case has gone to court or is likely to, staff
members providing support to the victim and alleged perpetrator should avoid
discussing the details of it as this may compromise any court case.
179. Record keeping is vital, particularly if a case goes to court later on, or if a report
is made to police in future. Records must be stored appropriately and senior
management should be regularly updated on how records of historical incidents
can be accessed.
Investigations
180. Any operational response may also involve an internal investigation. Further
information on this area will be included in the new guidance arising from the
review of the 1994 Zellick guidelines (see chapter 6 ).
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