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Police Commission approves clarified rule for handling overlapping sexual-assault and domestic-violence cases

San Francisco Police Commission · August 6, 2008
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Summary

Commission approved revisions to General Order 6.16 to codify unit responsibilities when sexual-assault and domestic-violence elements overlap and instructed staff to change language to reduce subjectivity ("may"→"shall" and replace "severe" with statutory language).

The San Francisco Police Commission approved revisions to Department General Order 6.16 on Aug. 6 to clarify how sexual-assault and domestic-violence investigations are allocated between the Special Victims (sexual assault) unit and the Domestic Violence Response Unit.

Officer Dan Lydon explained the revisions are intended to memorialize current practice and remove ambiguity about which unit takes primary responsibility in overlapping cases. Under the revised language, the Sexual Assault Unit would handle adult sexual-assault cases and related misdemeanors, while domestic-violence components would be referred to the Domestic Violence Response Unit; an exception applies when the sexual-assault allegation predated a domestic-violence incident by more than four days (SEG 1679-1696; SEG 1702-1705).

Commissioners pressed to replace permissive language such as "may" with mandatory terms like "shall" to require meet-and-confer between units in overlapping cases. They also recommended removing the subjective term "severe" to avoid inconsistent interpretations and asked staff to tie thresholds to statutory language such as "great bodily injury" where appropriate (SEG 1950-1964; SEG 2000-2024). The chief and unit leaders indicated domestic-violence units receive reports and referrals in parallel and that internal meet-and-confer practices are already common; commissioners approved moving forward with the edits and the item was accepted without objection (motion moved and seconded, SEG 2049-2061).

The commission asked staff to work with the DA's office on prosecution coordination and to return language referencing objective thresholds so prosecution decisions align with departmental assignment rules.