The West Virginia University Police Department works alongside local hospitals, Title IX employees, Marshall University and local and state law enforcement agencies to investigate sexual assault cases.
WVU PD Capt. Sherry St.Clair, who also heads the department’s investigation unit, said the way a sexual assault case is handled by university police depends on the manner in which it is reported.
‘Every case is different’
“Every case is different. There’s no certain protocol, every case leads you different ways,” St.Clair said.
The process of investigating a sexual assault case begins when the department receives a call, is usually received by a patrolman. If the sexual assault being reported is current, WVU PD uses local hospitals to conduct exams and sexual assault kits. WVU PD takes an initial basic statement from the victim.
From there, WVU PD investigates suspects and interviews witnesses. If a reported assault occurred on campus, the department coordinates with Title IX to conduct further interviews with witnesses and the victim so the latter only has to undergo the interview process once. This interview typically takes place a few days after the assault has been reported to give the victim time to process the incident.
If needed, WVU PD serves search warrants on residence hall rooms to look for evidence. Given that there is enough evidence to do so, the department also interviews the suspect. The department then gathers its evidence and provides it to the Monongalia County Prosecuting Attorney’s office for review with an officer. The prosecutor will determine if there is enough evidence to prosecute.
“The nice thing about being a WVU student [is that] you have another way of investigating, because the school also investigates it,” St.Clair said.
Whose case is it?
St.Clair said in order for WVU PD to investigate a sexual assault case, it must occur within the jurisdiction of the department. That includes WVU campuses as well as a cooperative zone that WVU PD shares with the Morgantown Police Department. The cooperative zone covers the area of the majority of fraternities and sororities near WVU’s downtown campus and includes Price, Prospect, N. Spruce and N. High streets.
“A lot of times, it’ll be us, sometimes it could be Morgantown [Police Department] that takes the call. It just depends. Beyond that, it has to happen on campus. It’s where our jurisdiction is,” she said.
She said one of the only times WVU PD must involve MPD or other law enforcement agencies in the investigation of sexual assault cases are when WVU PD receives a call regarding an assault they later learn is not in their jurisdiction.
WVU PD is also required to include other law enforcement agencies in the investigation of a sexual assault case if they are investigating one that involves a suspect in a case another agency is already investigating. This is rare, according to St.Clair.
St. Clair said that while WVU PD used to come into possession of sexual assault kits just long enough to send them to a testing facility, that is no longer the case. Monongalia County hospitals are now in charge of sending the kits out for testing.
She said that where a kit ends up is dependent on the victim’s choice. If a victim agrees to have a sexual assault kit done but does not want to further pursue the assault case, the sexual assault kit is sent to Marshall University, where the kit remains unless the victim later decides to pursue prosecution. If such an instance occurs, WVU PD contacts Marshall University, who then sends the sexual assault kit to the West Virginia State Police Forensic Laboratory (WVSPFL).
If a victim agrees to a sexual assault kit and wants to pursue prosecution, the sexual assault kit is immediately sent to WVSPFL from the hospital at which the kit was completed.
Making the case
St. Clair said WVU PD communicates frequently with the Title IX office and is sure WVU administration is made aware of every sexual assault case that WVU PD investigates.
As for the amount of time it takes for a case to be resolved — that depends, too.
“A lot of [these cases] go to the prosecutor, who says we don’t have enough to prosecute. There are cases that are open for a while because we’re waiting on the state police lab [reports] to come back. They’re getting a lot better — they fell way behind for a while, and it would be two or three years before we could get our results back. They are much better now on getting our results back,” St. Clair said.
Still, sexual assault kit testing results can take between six months to a year. During that time, the case remains open. When results do come back, the prosecutor is notified, and the evidence is revisited. Sometimes the victim decides they no longer want to prosecute, and the case is rendered inactive.
“I don’t think any of them just dead end. We try to resolve them in some way,” St.Clair said.
An ounce of prevention
St.Clair said WVU PD does take measures to attempt to prevent sexual assault on campus.
On big weekends when a lot of people are in town, the department sends out additional officers, especially in the areas around residence halls.
St.Clair said the department frequently emphasizes that students should always have a friend with them and never travel alone, especially when they are drinking.
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