Law Enforcement Agencies

Summary

Auditors surveyed 1,054 local law enforcement agencies (Agencies) (803 city police departments and 251 county sheriff’s offices) across Texas from February 10, 2020, through May 8, 2020. A total of 566 (54 percent) of the 1,054 Agencies surveyed submitted responses. Of those 566 responses, 518 represented counties with populations of less than 100,000 (“small” counties); 48 represented either counties with populations between 100,001 and 1 million (“medium” counties) or counties with populations of more than 1 million (“large” counties). Auditors conducted site visits to certain Agencies in five large counties in Texas; those Agencies are not included in this survey (see An Audit Report on Investigation and Prosecution Processes for Reported Sexual Assaults in Texas). For the purposes of the survey, auditors used a 5-year annual average population for calendar years 2014 through 2018 for each county. The tables and figures presented summarize the responses received for the 44 survey questions about the agencies’ operations, investigation processes, and suggestions on how to improve the investigation process for sexual assault crimes.

Key Results

Specialized Unit

A total of 18 percent of small county Agencies indicated that they had a specialized unit to investigate sexual assault crimes; in contrast, 75 percent of medium and large county Agencies indicated that they had a specialized unit to investigate sexual assault crimes.

18%

  SMALL

75%

  MEDIUM & LARGE

See Question 1

Resources

Agencies indicated the following with regard to the sufficiency of resources for investigating sexual assaults:
  • A total of 52 percent of Agencies indicated that there were sufficient resources related to sexual assault kit processing and training for sexual assault crimes involving adults or children.
  • A total of 53 percent of Agencies indicated that there were not sufficient resources related to offering competitive salaries, and a total of 61 percent of Agencies indicated that there were not sufficient resources related to hiring additional detectives.
  • Related to the collection, processing, and review of test results for sexual assault kits and other forensic evidence, a total of 53 percent of Agencies indicated that there was not sufficient resources in advanced technology and a total of 83 percent of Agencies indicated that there was not sufficient specialized staffing, support, and transportation resources.

Challenges for Investigations

Agencies indicated that factors that present challenges for investigating Adult and Child sexual assaults from 2014 through 2018 include:

  • Lack of victim cooperation.
  • Unable to corroborate the victim’s statement.
  • Lack of evidence to confirm the suspect’s identity.
  • Determining that the suspect acted without the victim’s consent (in Adult cases only).
  • Witnesses are unwilling to cooperate in the investigation.

See Question 17 (for Adult Cases)

See Question 18 (for Child Cases)

Training and Staffing

The most common recommendations for improving investigations of sexual assault crimes were providing more training, adding staff (including detectives), and increasing wages and benefits for Agency personnel.

See Question 43

Multi-disciplinary Teams (MDTs) and/or Sexual Assault Response Teams (SARTs)

A total of 57 percent of Agencies indicated that they participated in an MDT and/or a SART in the investigation and prosecution of sexual assault crimes from 2014 through 2018.

57%
See Question 35

Survey Results from Local Law Enforcement Agencies (Agencies)

Information on Survey Responses is available below and can be viewed by clicking on either the question or the “Open All” button to the right. To hide survey responses, please either click on the question again or select the “Close All” button.

Background Information

A total of 507 Agencies located in small counties responded to Question 1.

A total of 48 Agencies located in medium and large counties responded to Question 1.
Adult and Child Sexual Assault — No Specialized Units
Number of Staff That Investigated and/or Assisted In the Investigation of Sexual Assault Crimes
Response Number of Responses Average Number of Staff
Detectives 311 2.9
Victim Services Counselors 61 1.5
Supervisors 319 1.6
Volunteers 10 2.5
Contract Workers 9 2.3

Adult Sexual Assault — Specialized Unit
Number of Staff That Investigated and/or Assisted In the Investigation of Adult Sexual Assault Crimes
Response Number of Responses Average Number of Staff
Detectives 114 3.3
Victim Services Counselors 49 1.6
Supervisors 94 1.4
Volunteers 10 2.6
Contract Workers 6 2.3

Child Sexual Assault — Specialized Unit
Number of Staff That Investigated and/or Assisted In the Investigation of Child Sexual Assault Crimes
Response Number of Responses Average Number of Staff
Detectives 119 3.0
Victim Services Counselors 46 1.8
Supervisors 96 1.4
Volunteers 11 3.4
Contract Workers 11 2.7

A total of four Agencies indicated that the number of caseloads for their detectives investigating sexual assaults was unknown.

Use a Case Management System
Response Number of Respondents Percent
Yes 451 81%
No 103 19%
Most common responses for type of system used include: Kologik (86 responses), Tyler Technologies (77 responses), eForce Software (31 responses), CentralSquare Technologies (26 responses), Cardinal Tracking Inc. (25 responses), Justice Technology Information System (24 responses), Motorola Solutions (22 responses), Crimestar Corp. (19 responses), internal system or “RMS” (17 responses), Sungard Bi-Tech (17 responses), Net Data Corp. (13 responses), Southern Software, Inc. (13 responses), Justice Solutions (12 responses), Hexagon (12 responses), and Integrated Computer Systems (9 responses).

A total of 391 Agencies in small counties, and 43 Agencies in medium and large counties responded and are included in the chart for Question 6.

A total of 10 Agencies in small counties indicated that they did not know the age of their case management systems and are not included in the chart.

A total of 313 Agencies in small counties and 21 Agencies in medium counties responded to Question 7. None of the Agencies located in large counties responded to Question 7.

The following responses were not included in the chart for Question 7:

  1. A total of 12 Agencies in small counties indicated that there was $0 in support and maintenance costs.
  2. A total of 39 Agencies in small counties, 7 Agencies in medium counties, and 1 Agency in a large county indicated that they did not know the annual support and maintenance cost for their case management system.

Process to Verify Accuracy of Information Reported to DPS?
Response Number of Responses Percent
Yes 470 86%
No 76 14%
*Other responses included relying on other agencies to verify the information reported.
Percentage of Funding Sources Used to Investigate Sexual Assault Crimes
Response 100-76% 75-51% 50-26% 25-0% Total Responses
Local Government Funding 345 27 26 26 424
State Funding 22 6 28 102 158
Federal Funding 6 0 4 29 39
Non-Profit Grants 4 0 8 23 35
Other 32 0 3 11 46
0-20 Responses
21-80 Responses
81-240 Responses
> 240 Responses
Does the Agency Have Sufficient Resources for the Following Areas?
Strongly Agree or Agree Neither Disagree nor Agree Disagree or Strongly Disagree
Funding - Sexual Assault Kit Processing 52% 22% 27%
Personnel - Competitive Salaries 27% 20% 53%
Personnel - Additional Detectives 17% 23% 61%
Personnel - Victim Advocates 30% 30% 40%
Technology - Digital Evidence Analysis 25% 25% 50%
Technology - Modern Case Management System 45% 27% 28%
Training - Engaging With Victims 43% 25% 31%
Training - Investigating Adult Sexual Assault Crimes 52% 21% 27%
Training - Investigating Child Sexual Assault Crimes 52% 22% 27%
Training - Understanding Crime Lab Reports 40% 31% 29%
Transportation - Vehicles 48% 28% 25%
< 20%
20 – 35%
36 – 50%
> 50%

Other resources identified, but excluded due to a low response rate, were (1) outside resources (4 responses), (2) internal resources (2 responses), and (3) funding for local training (1 response).

Percentages for each row may not sum to 100% due to rounding.

Ethics Policy
Response Number of Responses Percent
Yes 446 87%
No 68 13%
Investigation Process

*Other responses included (1) statewide intake, (2) regular call for non-emergency services, (3) from third party entities such as schools, family members, and friends, and (4) transferred from other entities such as District Attorneys' (DA) offices, Agencies, etc.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included (1) regular call for non-emergency services, (2) from third party entities such as schools, family members, and friends, and (3) transferred from other entities such as DA offices, Agencies, etc.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included (1) out-of-state Agency, (2) other state entities, such as the Department of Family and Protective Services-Child Protective Services, (3) Health and Human Services Office of the Inspector General, (4) Office of the Attorney General, (5) Department of Homeland Security, and (6) Child Advocacy Centers.

Agencies could respond with multiple selections.

How Often Were Reported Incidents Referred to a Different Agency?
Response Percent
A few cases per year were referred 83%
A few cases per month were referred 12%
Multiple cases per month were referred 4%
Most or majority of cases were referred 1%
All cases were referred 1%

Percentages do not sum to 100% due to rounding.


*Other responses included either (1) an Agency had a conflict of interest or (2) an Agency always referred sexual assault cases to other Agencies.

*Other responses included challenges related to (1) coordinating with district attorneys’ offices, (2) victim’s family will not cooperate, (3) lack of resources, and (4) investigations were referred to outside Agencies.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included challenges related to (1) delayed reporting of a sexual assault, (2) coordinating with district attorneys’ offices, (3) victim’s family interferes with investigation, (4) lack of evidence, (5) insufficient resources, (6) investigations were referred to outside Agencies, (7) statutory limitations, and (8) child victims may not be able to identify suspect.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included factors related to (1) coordination with the district attorneys’ offices, (2) investigations referred to outside Agencies, and (3) statutory limitations.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included factors related to (1) coordination with the districts attorneys’ offices, (2) investigations referred to outside Agencies, (3) lack of resources, and (4) statutory limitations.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included (1) family members, (2) outside Agencies, (3) dispatched patrol officers, and (4) victim services.

Agencies could respond with multiple selections.

511 Respondents for Adult, 513 Respondents for Child.

501 Respondents for Adult, 503 Respondents for Child.

502 Respondents for Adult, 503 Respondents for Child.

489 Respondents for Adult, 488 Respondents for Child.


481 Respondents for Adult, 478 Respondents for Child.


480 Respondents for Adult, 476 Respondents for Child.

*Other responses included factors related to (1) a lack of corroborating evidence, (2) coordination with the districts attorneys’ offices, (3) lack of a suspect, and (4) investigations referred to outside Agencies.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*The one response for the “Other” category identified the Agency’s Records Division as responsible.

Agencies could respond with multiple selections.

*Other responses included that involvement from the DA’s office occurs (1) after the case is filed or (2) there is ongoing involvement.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.
*Other responses included (1) other Agencies and (2) sexual assault nurse examiners.
Did Agency Submit All Sexual Assault Kits Collected for Testing?
Response Number of Responses Percent
Yes 416 77%
No 124 23%

*Other responses included (1) referral of investigation to another Agency, (2) delayed incident reporting, (3) no evidence collected, (4) Agency error, (5) no suspect identified, (6) training, and (7) per instructions from the district attorney’s office.

Agencies could respond with multiple selections.

Percentages do not sum to 100% due to rounding.

*Other responses indicated that cases would be referred to another Agency for handling sexual assault kits.
Agencies could select multiple responses.
Did the Agency Have Sufficient Resources related to Sexual Assault Kit Testing Processes?
Strongly Agree or Agree Neither Disagree nor Agree Disagree or Strongly Disagree
Additional Equipment 29% 28% 42%
Advanced Technology 21% 27% 53%
Staffing 38% 25% 38%
Training 42% 26% 32%
Other (Specialized Staffing, Support, and Transportation) 17% 0% 83%
< 20%
20 – 35%
36 – 50%
> 50%

Percentages for each row may not sum to 100% due to rounding.

Administrative Practices
Agencies could select multiple responses.

*Statute requires that the members of a multi-disciplinary team include the Texas Department of Family and Protective Services, the local children’s advocacy center, local law enforcement, and the local district attorney’s office. Members are required to cooperate through shared fact-finding and effective case development and jointly assist with investigating and prosecuting allegations of child abuse and neglect.

*Participation on a sexual assault response team (SART) by local law enforcement and district attorneys’ offices is voluntary. It may include representatives from local community-based advocacy organizations and medical professionals. The primary goals of a SART is to improve the treatment of victims of sexual assault, case outcomes, efficiency, and protection of the community. In addition, participating in a SART provides an opportunity to jointly discuss and identify ways to strengthen and improve investigation and prosecution processes for sexual assault cases.

Other responses (each provided by one Agency) included that (1) MDT focuses on Internet crimes, (2) MDT is required by the district attorney’s office, and (3) victims refuse to cooperate with MDT.

Agencies could respond with multiple selections.

*Other responses included (1) the district attorney’s office, (2) medical professionals, (3) other Agencies, and (4) a third party.

Data presented is a weighted total of the responses for Question 37. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

*Other responses included (1) Child Protective Services/Department of Family and Protective Services, (2) district attorney’s office, (3) medical professionals, (4) other Agencies, and (5) a third party.

Data presented is a weighted total of the Respondents for Question 38. See Analysis of Survey Responses in the Methodology section for more information about ranking question process.

When Did the Following Staff Receive Training on Approaches for Engaging Victims of Sexual Assault?

Detectives
At Hire 94
Once 125
Periodic (at least once annually) 212
Not Taken 76
Other* 8

Patrol Officers
At Hire 159
Once 192
Periodic (at least once annually) 148
Not Taken 117
Other* 14

Supervisors
At Hire 88
Once 169
Periodic (at least once annually) 196
Not Taken 89
Other* 10

Victim Advocates
At Hire 46
Once 30
Periodic (at least once annually) 92
Not Taken 68
Other* 1

= 10 Responses

*Other responses included (1) as required by Texas Commission on Law Enforcement, (2) dependent on work/education history, (3) occasionally (less than annually), (4) upon request, and (5) when funding/availability allows.

Agencies could respond with multiple selections.

How Frequently Staff Were Utilized in Adult Sexual Assault Investigations
Always (100%) Often (50-99%) Sometimes (25-49%) Rarely (Less than 25%) Never (0%)
Detective from a non-specialized investigative unit 57% 8% 6% 10% 19%
Detective from a specialized investigative unit 18% 13% 3% 5% 62%
Victim Advocates or Victim Services Counselors 32% 23% 12% 10% 23%
Forensic Interviewers 17% 15% 11% 24% 33%

Percentages for each row may not sum to 100% due to rounding.



How Frequently Staff Are Utilized in Child Sexual Assault Investigations
Always (100%) Often (50-99%) Sometimes (25-49%) Rarely (Less than 25%) Never (0%)
Detective from a non-specialized investigative unit 57% 8% 4% 13% 19%
Detective from a specialized investigative unit 21% 13% 2% 5% 59%
Victim Advocates or Victim Services Counselors 48% 22% 7% 6% 17%
Forensic Interviewers 69% 19% 2% 2% 8%
< 20%
20 – 35%
36 – 50%
> 50%

Percentages for each row may not sum to 100% due to rounding.

*Other responses included (1) a different entity provided updates, (2) none/no contact, and (3) rarely (a few times per case).
*Other responses included (1) prior to referring the investigation for prosecution, (2) once received, and (3) prior to arrest.

Feedback

To compile and present the answers for this section, auditors summarized the responses and classified similar responses into auditor-determined categories.

Improvements
Click on the for more information.
Training

Agencies indicated they needed additional training for officers, first responders, detectives, and supervisors on sexual assault topics such as:

  • Evidence collection.
  • Interviewing a victim.
  • Investigating a sexual assault.
  • Victim-centered, trauma-informed techniques.
  • Types of forensic evidence (such as crime lab results).
  • Forensic-related technology (such as cell phone evidence).

They also indicated they needed free/low cost training and training that would be available in their local areas to limit the impact on small/rural agencies. Even if free or offered at low cost, centralized training still results in travel costs for Agencies.

196
Staffing (additional staff, increase in wages/benefits)
Agencies indicated they needed additional officers, detectives, victim services counselors, and staff properly trained to collect evidence. In addition, they indicated that the Agencies wanted staffing specifically for a specialized unit to investigate sexual assault crimes, improved access to sexual assault nurse examiners in regional areas, and higher base pay, more overtime, and benefits such as state-offered insurance.
157
Resources (equipment, funding)
Agencies indicated they needed more funding, equipment (including cell phone data recovery technology), and technology (including digital media analysis) to assist in the investigating of sexual assault crimes. This was particularly stressed by smaller and more rural entities.
126
Quicker turnaround for laboratory results
Agencies indicated that a quicker turnaround on sexual assault kit and other forensic tests would aid in the investigation of these crimes. More timely results also would keep victims more engaged and involved in the process.
55
Support from other agencies/organizations
Agencies indicated that closer working relationships with victim advocacy organizations and district attorneys’ offices (potentially through the use of multi-disciplinary teams or sexual assault response teams) would help ensure that cases are investigated and prosecuted effectively and the victim is supported throughout the process.
30
Other
Other Agency responses included a public awareness/education campaign, stricter penalties, lessening the burden of proof, and state-mandated protocol or guidelines for investigating sexual assault cases.
15

= 10 Responses

An Agency could provide more than one answer in its response.

Additional Information
Click on the for more information.
Need for more resources (equipment, funding, victim assistance)

Agencies indicated they needed more funding, equipment, and technology to assist in investigating sexual assault crimes. This is especially needed by smaller and more rural Agencies.

67
Need for additional training

Agencies indicated they needed additional training for officers, detectives, and supervisors on sexual assault topics such as:

  • Evidence collection.
  • Interviewing a victim.
  • Investigating a sexual assault.
  • Victim-centered, trauma-informed techniques.

They also indicated they needed free/low cost training and training that would be available in their local areas to limit the impact on small/rural Agencies. Even if free or offered at low cost, centralized training still results in travel costs for Agencies.

27
Support needed from district attorneys' offices

Agencies indicated that closer working relationships with district attorneys’ offices were needed, including more willingness by prosecutors to accept sexual assault cases, which would help cases be prosecuted more quickly.

26
Quicker turnaround for crime laboratory results

Agencies indicated that a quicker turnaround on sexual assault kit and other forensic tests would aid in the investigation of these crimes. Department of Public Safety crime laboratories turning around evidence quickly is especially crucial to small Agencies statewide.

17
Identified effective practices and improvements to investigation and prosecution processes

Agencies described certain investigation and prosecution practices that are in place or have improved over time at their Agency. Examples included more use of victim services counselors, expedited sexual assault kit processing, and working more with the district attorney’s office and community-based advocacy organizations.

13
Concerns and suggestions related to statutory requirements for sexual assaults

Agencies indicated that tougher penalties and changes to current statutory language (such as the definition of “consensual”) would help with investigating and prosecuting sexual assaults.

11
Concerns with staffing resources

Agencies indicated that increased staffing is needed to help investigators with large sexual assault caseloads.

8
Increased awareness/education

Agencies indicated that there was a need for more public awareness and jury education programs on sexual assault crimes.

6
Other

Other Agency responses included information related to (1) most sexual assault crimes going unreported; (2) the effect that immigration status has on victims of sexual assault; (3) recognizing that there are many unfounded allegations of sexual assault in child custody disputes; (4) an increasing number of reported child sexual assaults; (5) computer-based crimes such as online solicitation and possession of child pornography; (6) implementation of the sexual assault evidence tracking program (TrackIt); and (7) concerns about the impact of new FBI reporting requirements that may result in spending more time reporting a sexual assault than investigating the crime.

7

= 10 Responses

An Agency could provide more than one answer in its response.

District Attorneys' Offices

Summary

Auditors surveyed 158 district attorneys’ offices across Texas from February 10, 2020, through May 8, 2020. A total of 100 (63 percent) of the 158 district attorneys’ offices surveyed submitted responses. Of those, 75 represented counties with populations of less than 100,000 (“small” counties) and 25 represented counties with populations between 100,001 and 1 million (“medium” counties). Auditors conducted site visits at district attorneys’ offices in five “large” counties in Texas with populations of more than 1 million and those offices are not included in this survey (see An Audit Report on Investigation and Prosecution Processes for Reported Sexual Assaults in Texas). For the purposes of the survey, auditors used a 5-year annual average population for calendar years 2014 through 2018 for each county.

The tables and figures presented summarize the responses received to the survey’s 30 questions about the district attorneys’ offices’ organization, prosecution processes, and feedback on how to improve the prosecution process for sexual assault crimes.

Key Results

Specialized Units

A total of 12 percent of small county respondents indicated that they had a specialized unit to handle sexual assault cases; in contrast, 37 percent of medium county respondents indicated that they had a specialized unit to handle sexual assault cases.

12%

  SMALL

37%

  MEDIUM

See Question 1

Case Referrals

District attorneys’ offices estimated that, on average, they accepted more referrals from law enforcement agencies for adult and child sexual assault cases than they declined from 2014 through 2018. Specifically, district attorneys’ offices indicated that they accepted an average of 106 adult sexual assault cases and 297 child sexual assault cases on an annual basis, and declined an average of 24 adult sexual assault cases and 43 child sexual assault cases on an annual basis.

See Question 5

Case Dispositions

District attorneys’ offices indicated that the most common disposition for their sexual assault cases was a conviction through a plea bargain.

See Question 6

Reasons for Plea Bargains

Respondents indicated that the most common reasons for pursuing a plea bargain in a sexual assault case were:

  • Victim's preference.
  • Prosecutors’ uncertainty about the outcome of the trial.
  • Insufficient evidence to support a sexual assault charge.
  • To limit the likelihood of an appeal of the court verdict.
  • Expectation to offer the suspect a plea bargain.

See Question 21

Resources

District attorneys’ offices indicated the following with regards to the sufficiency of resources available for prosecuting sexual assaults:

  • There were sufficient resources related to ethics training (73 percent of respondents), training for child sexual assault crimes (65 percent of respondents), training to understand crime laboratory reports (57 percent of respondents), and training for adult sexual assault crimes (55 percent of respondents).
  • There were not sufficient resources related to offering competitive salaries (60 percent of respondents) and hiring additional prosecutors (65 percent of respondents).

See Question 13

Multi-disciplinary Teams (MDTs) and/or Sexual Assault Response Teams (SARTs)

A total of 97 percent of respondents indicated that the use of an MDT and/or a SART was beneficial to the prosecution of sexual assault crimes.

97%
See Question 24

Survey Results from District Attorneys' Offices (DA Offices)

Information on Survey Responses is available below and can be viewed by clicking on either the question or the “Open All” button to the right. To hide survey responses, please either click on the question again or select the “Close All” button.

Background Information

None of the DA Offices in either small or medium counties reported having a specialized unit for only Adult sexual assault crimes.

Percentages do not sum to 100% due to rounding.


Adult and Child Sexual Assaults — No Specialized Units
Number of Prosecutors and Victim Services Counselors That Are Involved In the Prosecution of Sexual Assault Crimes
Response Average Number
Prosecutors 4.4
Victim Services Counselors 2.1
Based on 79 Respondents for Prosecutors; 78 Respondents for Victim Services Counselors.


Child Sexual Assaults — Specialized Units
Number of Prosecutors and Victim Services Counselors That Are Involved In the Prosecution of Child Sexual Assault Crimes
Response Average Number
Prosecutors 5.4
Victim Services Counselors 3.7
Based on 18 Respondents for Prosecutors; 16 Respondents for Child Victim Services Counselors.


Adult Sexual Assaults — Specialized Units
Number of Prosecutors and Victim Services Counselors That Are Involved In the Prosecution of Adult Sexual Assault Crimes
Response Average Number
Prosecutors 5.0
Victim Services Counselors 3.0
Based on 10 Respondents for Prosecutors; 9 Respondents for Adult Victim Services Counselors.

None of the DA Offices reported an average prosecutor’s salary of less than $40,000. (90 Respondents for Adult Unit)


None of the DA Offices reported an average prosecutor’s salary of less than $40,000. (85 Respondents for Child Unit)


None of the DA Office reported an average victim services counselor’s salary greater than $80,000. (85 Respondents for Adult Unit)


None of the DA Offices reported an average victim services counselor’s salary greater than $100,000. (78 Respondents for Child Unit)

There were a total of 8 respondents from small counties and 7 respondents from medium counties with DA Offices that reported having a specialized unit that prosecuted sexual assault involving Adult victims.

There were a total of 63 respondents from small counties and 15 respondents from medium counties with DA Offices that reported not having a specialized unit to prosecute sexual assaults involving an Adult victim.


There were a total of 8 respondents from small counties and 8 respondents from medium counties with DA Offices that reported having a specialized unit that prosecuted sexual assaults involving Child victims.

There were a total of 63 respondents from small counties and 15 respondents from medium counties with DA Offices that reported not having a specialized unit to prosecute sexual assaults involving a Child victim.


There were a total of 8 respondents from small counties and 7 respondents from medium counties with DA Offices that reported having a specialized unit that prosecuted sexual assaults involving either Adult victims, Child victims, or both (which could include non-sexual assault cases in some cases).

There were a total of 58 respondents from small counties and 13 respondents from medium counties with DA Offices that reported not having a specialized unit that prosecuted sexual assaults involving either an Adult victim, Child victim, or both (which could include non-sexual assault cases in some cases).





Use of Case Management System
Response Number of Responses Percent
Yes 82 82%
No 18 18%

Most common responses for type of system used include: Odyssey (37 responses), Net Data (12 responses), LGS Prosecution Professional (7 responses), E-Docket (4 responses), Tech Share (4 responses), C.L.A.S.S. (2 responses), Justware (2 responses), Document Logistix (2 responses), Laserfiche (2 responses), and Prosecutor (2 responses).

A total of 35 DA Offices in small counties and 12 DA Offices in medium counties responded to Question 9.
Have Process to Verify Accuracy of Information Reported to DPS?
Response Number of Responses Percent
Yes 56 58%
No 41 42%
Process to Check Accuracy of Information (Number of Respondents)
Both Manual Reviews & Computer-based Checks Manual Reviews Computer-based Checks Other 13 5 30 6
Percentage of Funding Sources Used to Prosecute Sexual Assault Crimes
Response 100-76% 75-51% 50-26% 25% or Less Total Responses
Local Government Funding 67 8 4 3 82
State Funding 5 4 2 33 44
Federal Funding 2 1 2 1 6
Non-profit Grants 0 0 1 2 3
Other 2 0 0 8 10
0-4 Responses
5-14 Responses
15-34 Responses
> 35 Responses
Does DA Office Have Sufficient Resources for the Following Areas?
Strongly Agree or Agree Neither Disagree nor Agree Disagree or Strongly Disagree
Personnel - Competitive Salaries 30% 10% 60%
Personnel - Additional Prosecutors 18% 16% 65%
Technology - Digital Evidence 26% 24% 50%
Technology - Modern Case Management 40% 20% 39%
Training - Adult Sexual Assault Crimes 55% 22% 23%
Training - Child Sexual Assault Crimes 65% 16% 19%
Training - Ethics 73% 19% 7%
Training - Understanding Crime Lab Results 57% 25% 18%
Training - Victim Centered/Trauma Informed 48% 30% 22%
< 20%
20 – 35%
36 – 50%
> 50%

Percentages for each row may not sum to 100% due to rounding.
Ethics Policy
Response Number of Responses Percent
Yes 53 58%
No 38 42%

Some DA Offices who answered "No" to Question 14 indicated that while they did not have a written ethics policy, they followed other professional guidelines such as Brady v. Maryland, other case law, legal requirements, the Michael Morton Act, the State Bar of Texas' ethical rules, the Texas Code of Criminal Procedure, the Texas Disciplinary Rules of Professional Conduct, and the Texas Family Code.
Prosecution Process

*Other responses included factors such as the quality of the investigation and victim/witness credibility issues.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses included factors such as the quality of the investigation, victim/witness credibility issues, lack of parental cooperation, and the victim unavailable to testify.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses included factors related to the quality of the investigation.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses included factors such as the victim being unable to testify, parents/guardians choosing not to cooperate, victim/witness credibility issues, and the quality of the investigation.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses included factors such as victim/witness credibility issues, the quality of the investigation, and jurors having unrealistic expectations.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses included factors such as victim/witness credibility issues, the quality of the investigation, jurors having unrealistic expectations, lack of victim/family cooperation, and the victim being unable to testify.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

*Other responses for adult sexual assaults included factors such as strength of the evidence, victim/witness ability to testify, judicial economy, victim/witness credibility issues, and a trial not being in the victim’s best interest.

*Other responses for child sexual assaults included factors such as keeping children away from the trauma of a trial, judicial economy, facts concerning the case, and concerns with the adequacy of the evidence.

Data presented is a weighted total of the responses for this question. See Analysis of Survey Responses in the Methodology section for more information about the ranking question process.

Administrative Practices
Standard Operating Practices Number of Responses Percent of Responses
Providing victims periodic status reports on the prosecution of a sexual assault case. 48 86%
How its victim services counselors should engage a victim of sexual assault. 32 57%
Accepting/declining a case referred by law enforcement agencies. 28 50%
Identifying and addressing potential conflicts of interest. 20 36%
How prosecutors should engage a victim of sexual assault. 18 32%

This table shows the totals by response and not by respondent; single respondents may have selected several standard operating practices.

Prosecutor Training on Method for Engaging Victims of Sexual Assault
Prosecutors - Periodic (at least once annually) 58
Prosecutors - At Hire 14
Prosecutors - Once 4
Other* 6

= 10 Responses

*Other responses indicated that prosecutors may receive training annually, biannually, or may not have received training.

A DA Office could respond with multiple selections.


Victim Services Counselors Training on Method for Engaging Victims of Sexual Assault
Victim Services Counselors - Periodic (at least once annually) 68
Victim Services Counselors - At Hire 23
Victim Services Counselors - Once 7
Other* 4

= 10 Responses

*Other responses indicated that victim services counselors may receive training annually, biannually, and infrequently.

A DA Office could respond with multiple selections.

Did the DA's Office Participate in an MDT* or a SART* for Sexual Assaults Involving Adult and/or Child Victims?
None Both Adult and Child Sexual Assault Child Sexua l Assault Only 39% 21% 41%

*Statute requires that the members of a multi-disciplinary team include the Texas Department of Family and Protective Services, the local children’s advocacy center, local law enforcement, and the local district attorney’s office. Members are required to cooperate through shared fact-finding and effective case development and jointly assist with investigating and prosecuting allegations of child abuse and neglect.

*Participation on a sexual assault response team (SART) by local law enforcement and district attorneys’ offices is voluntary. It may include representatives from local community-based advocacy organizations and medical professionals. The primary goals of a SART is to improve the treatment of victims of sexual assault, case outcomes, efficiency, and protection of the community. In addition, participating in a SART provides an opportunity to jointly discuss and identify ways to strengthen and improve investigation and prosecution processes for sexual assault cases.

*None of the DA Offices replied that they participated in an MDT and/or SART for only sexual assaults involving adult victims.

Percentages do not sum to 100% due to rounding.


DA Offices indicated that MDTs and/or SARTs were helpful because they generally encouraged more cooperation and collaboration between local law enforcement and the DA Office.


None of the DA Offices selected "Never" as a response to Question 25.


A DA Office could respond with multiple selections.
Notifying Law Enforcement Agency When Declining A Case
Response Number of Responses Percent
In Writing 58 69%
Verbally 11 13%
Both 15 18%
Feedback

To compile and present the answers for this section, auditors summarized the responses and classified similar responses into auditor-determined categories.

Recommendations to Improve the Process
Click on the for more information.
Additional training for Prosecutors and Law Enforcement

DA Offices indicated they needed additional and better training for prosecutors and law enforcement. Additional training topics include:

  • Training law enforcement on cell phone evidence.
  • Training on cognitive bias.
  • Training on interviewing sexual assault victims in a trauma-informed manner.
  • Training law enforcement on forensic evidence collection.
  • Training prosecutors on commonly used defense attorney attacks for sexual assaults.
40
Additional funding and resources for Prosecutors and Law Enforcement

DA Offices indicated that funding was needed at all levels, including for:

  • Counseling services.
  • Expert witnesses.
  • Victim services and support.
  • Law enforcement.
  • Prosecutors.
  • Rural counties (including law enforcement and prosecutors).
 29
Public education about sex crimes

DA Offices indicated that more jury education and increased community awareness about the reality of sexual assault crimes were required to help improve the prosecution of sexual assault crimes.

11
Additional Prosecutors, Law Enforcement, and Victims Advocates

DA Offices indicated that more specialized investigators, prosecutors (including specialized prosecutors), and judges were needed to help improve the prosecution of sexual assault crimes.

9
More technology and expedited DNA test results

DA Offices indicated that expedited DNA testing would help improve the prosecution of sexual assault crimes. In addition, DA Offices indicated that rural areas need more technology and a statewide database to track allegations of sexual assault.

7
Improve Law Enforcement investigations

DA Offices indicated they needed more thorough and complete investigations by law enforcement.

7
Funding for specialized staff at the DA's office and at Law Enforcement agencies

DA Offices indicated resources for staff that specialize in investigating sexual assaults, especially in less populated and rural areas, were needed to help improve the prosecution of sexual assault crimes.

7
Change sexual assault statute

DA Offices indicated that changes to statute are needed, including requiring law enforcement to submit all evidence to the DA Offices, requiring MDT participation, enabling the use of forensic interviews as evidence, and granting the State the right to jury assessed punishment (rather than assessed by the judge).

6
More services for victims

DA Offices indicated that more resources for victims were needed, including more victim assistance coordinators and more training for those coordinators, specifically in rural areas. In addition, they indicated that victims and guardians should be provided a clear explanation about the process and information on a regular basis from law enforcement and district attorneys’ offices throughout the criminal justice process.

5

= 10 Responses

A DA Office could provide more than one answer in its response.
Additional Information
Click on the for more information.
These cases are difficult and require significant prosecutorial resources
DA Offices indicated that sexual assault cases are stressful, emotional, require dedicated resources, and are extremely complex.
9
Reduce lab processing time for DNA evidence

DA Offices indicated that the delay of DNA results negatively impacts the prosecution of sexual assault crimes.

5
Limited evidence or testimony

DA Offices indicated that sexual assault cases are difficult to prosecute due to limited evidence and results from problems such as victim credibility issues, victims unable to provide sufficient details, or not having sufficient evidence to convince a jury beyond a reasonable doubt.

5
More training or funding for law enforcement

DA Offices indicated law enforcement needed better and more training on investigating sexual assaults.

4
Rural counties lack resources

DA Offices indicated that smaller, rural counties lack resources, such as funding and access to sexual assault nurse examiners, required for the prosecution of sexual assault investigations.

3
Additional funding

DA Offices indicated that additional funding is needed for specialized investigators, salaries, and additional technology.

3
Improve investigations by law enforcement

DA Offices indicated that inadequate investigations by law enforcement due to investigator turnover and lack of training have a negative impact on the prosecution process for sexual assault crimes.

3
Better training for prosecutors

DA Offices indicated that more training on sexual assaults overall was needed for prosecutors, as well as training on understanding crime lab results and analysis.

2
Other

DA Offices mentioned each of the following: (1) improved resources for victims are needed; (2) victims recant or change their minds more often than is reported; (3) communication and collaboration between investigators and prosecutors is a best practice; (4) prosecutors have to weigh the victim’s well being against all aspects of the trial; (5) identify a process that would allow only the use of a child victim’s forensic interview and still protect the offender’s constitutional right to confront an accuser; (6) allow DA Offices to lead MDT meetings; (7) allow the Department of Public Safety to perform paternity tests on victims that are pregnant as a result of a sexual assault; (8) conduct a study to determine whether the age of consent needs to be changed due to an overwhelming number of cases involving sexually active children; and (9) victims lose faith in the system when the offenders are released on bond and face deportation and never face justice.

9

= 1 Responses


A DA Office could provide more than one answer in its response.

Advocacy Organizations

Summary

Auditors surveyed 148 community-based advocacy organizations (Organizations) that provided services to survivors of sexual assault across Texas. The survey was conducted from February 10, 2020, through May 1, 2020. A total of 125 (84 percent) of the 148 Organizations surveyed submitted responses. The tables and figures presented summarize the responses to the survey’s 18 questions about the services they provided, organizational practices, and feedback on suggested improvements to the investigation and prosecution of sexual assault crimes.

Key Results

Of the 125 Organizations that responded:

Survivors of Sexual Assaults Do Not Always Report Incidents to Law Enforcement Agencies

Most Organizations indicated that adult sexual assault survivors reported sexual assaults to law enforcement agencies less than 50 percent of the time. However, some Organizations indicated that child sexual assaults were reported more frequently.

>50%
See Question 13

Most Common Reasons

The most common reasons the Organizations provided for why a survivor does not report a sexual assault to law enforcement:

Fear

30 percent of responses indicated that survivors do not report due to fear.

30%
See Question 14

Concerns About Not Being Believed or Being Blamed

22 percent of responses indicated that survivors do not report because they feel they will not be believed.

22%
See Question 14

Guilt, Shame, and Embarrassment

20 percent of responses indicated that survivors do not report due to feelings of guilt, shame, and embarrassment.

20%
See Question 14

Survivors are Reluctant to Cooperate with Local Law Enforcement Agencies and District Attorneys’ Offices

The most common reason Organizations indicated that survivors do not work with law enforcement was because they feel they will not be believed.

See Question 15

The most common reason Organizations indicated that survivors do not work with district attorneys’ offices was because the process takes too long.

See Question 16

Survey Results from Community-based Advocacy Organizations (Organizations)

Information on Survey Responses is available below and can be viewed by clicking on either the question or the “Open All” button to the right. To hide survey responses, please either click on the question again or select the “Close All” button.

Background Information

Crime Laboratories

Summary

Auditors surveyed 21 crime laboratories (private, municipal, and state laboratories) across Texas from February 10, 2020, through May 1, 2020. A total of 19 (90 percent) of the 21 crime laboratories surveyed submitted responses. The tables and figures presented summarize the responses received to the survey’s 11 questions about the crime laboratories’ processing and testing of sexual assault kits and other forensic evidence.

Key Results

Of the 19 crime laboratories that responded:

11

DPS Laboratories

Eleven respondents were from crime laboratories that were primarily state-funded. The other eight respondents were municipal or privately funded crime laboratories.

11
See Question 1

Sexual Assault Kit Processing Times

68 percent of respondents indicated that crime laboratories' average processing time for a sexual assault kit for calendar years 2014 through 2018 was more than 90 days. The 86th Legislature passed House Bill 8, which set new requirements to test sexual assault kits within 90 days of receiving the evidence effective January 1, 2021.

68%
See Question 7

Need More Trained Analysts

34 percent of responses indicated that the number of trained analysts staffed by crime laboratories was a significant factor in the amount of time it took to process sexual assault kits.

34%
See Question 8

Survey Results from Crime Laboratories (Crime Labs)

Information on Survey Responses is available below and can be viewed by clicking on either the question or the “Open All” button to the right. To hide survey responses, please either click on the question again or select the “Close All” button.

Sexual Assault Kit Processing and Testing

District Clerks' Offices

Summary

Auditors surveyed 249 district clerks’ offices (Offices) across Texas from February 10, 2020, through May 7, 2020. A total of 219 (88 percent) of the 249 Offices surveyed submitted responses. The tables and figures presented summarize the responses to the survey’s 17 questions related to the Offices’ reporting processes to the Department of Public Safety (DPS) and the Office of Court Administration (OCA).

Texas Code of Criminal Procedure, Section 66.304, requires the Offices to compile and maintain records needed for reporting data to the Criminal Justice Information System (CJIS), which is managed by DPS, and includes data such as prosecution-related and court-related information. CJIS is an information system used by DPS and the Texas Department of Criminal Justice (TDCJ) that includes relevant data for criminal justice agencies responsible for the arrest, prosecution, adjudication and correction of criminal offenders; this information provides usable data to support the analyses of criminal justice policy makers and planners. In addition, Title 1, Texas Administrative Code, Section 171.4, requires Offices to report aggregate court activity statistics to OCA on a monthly basis, including information related to certain types of felony cases (including sexual assault cases), cases on the docket, dispositions, and other supplementary information.

Auditors conducted site visits at five counties in Texas and those offices are not included in this survey (see An Audit Report on Investigation and Prosecution Processes for Reported Sexual Assaults in Texas for more information about the district clerks’ offices’ processes that received site visits).

Key Results

Number of Staff Responsible for Reporting

Reporting Data to DPS

74 percent of respondents indicated that 1 to 2 staff are responsible for compiling and reporting both electronic and manual data to DPS.

74%
See Question 1

Reporting Data to OCA

87 percent of respondents indicated that 1 to 2 staff are responsible for compiling and reporting both electronic and manual data to OCA.

87%
See Question 2

File Review

Data Accuracy Review

74 percent of respondents indicated that the accuracy of data is verified by staff prior to submission to both DPS and OCA.

74%
See Question 12

Clerks' Office Identified Corrections

82 percent of respondents indicated that they identified and submitted subsequent corrections of DPS data, with 46 percent of those Offices stating they submit a correction less than once a year.

82%
See Question 7

70 percent of respondents stated they had identified and submitted subsequent corrections of OCA data, with 71 percent of those Offices stating that they submit a correction to OCA data less than once a year.

70%
See Question 8

DPS and OCA Identified Corrections

Reporting Corrections to DPS

31 percent of respondents indicated that DPS identified and requested corrections to data the Office submitted; however, 57 percent of those respondents stated they submit corrections less than once a year.

31%
See Question 9

Reporting Corrections to OCA

36 percent of respondents indicated that OCA identified and requested corrections to data the Office submitted; however, corrections were identified infrequently, as 83 percent of those respondents stated they submit corrections less than once a year.

36%
See Question 10

Survey Results from District Clerks' Offices

Information on Survey Responses is available below and can be viewed by clicking on either the question or the “Open All” button to the right. To hide survey responses, please either click on the question again or select the “Close All” button.

Background Information
Percentages do not sum to 100% due to rounding.

Percentages do not sum to 100% due to rounding.

Less than 1 percent of respondents responded that they had “No Process for Compiling Data” (1 respondent).
Office Submitted Corrections to DPS?
Response Number of Responses Percent
Yes 174 82%
No 37 18%
Of the 174 respondents who answered “yes” to Question 7, 171 respondents provided an answer related to the frequency of corrections.
Office Identified Corrections to OCA?
Response Number of Responses Percent
Yes 150 70%
No 65 30%
Of the 150 respondents who answered “yes” to Question 8, 148 respondents provided an answer related to the frequency of corrections.
Has the Office Been Contacted by DPS to Make Corrections?
Response Number of Responses Percent
Yes 64 31%
No 145 69%

Of the 64 respondents who answered “yes” to Question 9, 63 respondents provided an answer related to the frequency of corrections.

Percentages do not sum to 100% due to rounding.

Contacted by OCA to Make Changes?
Response Number of Responses Percent
Yes 78 36%
No 137 64%

Of the 78 respondents who answered “yes” to Question 10, 77 respondents provided an answer related to the frequency of corrections.

Percentages do not sum to 100% due to rounding.

Did the Office Have a Process to Check Data Reported to DPS for Accuracy?
Response Number of Responses Percent
Yes 156 74%
No 55 26%

Of the 156 respondents who answered “yes” to Question 11, 155 respondents provided an answer related to the method of corrections.

*"Other–Specify" responses included processes such as cross checking data, using other sources, and rejecting inaccurate data from the Office’s courts.

Did the Office Have a Process to Check Data Reported to OCA for Accuracy?
Response Number of Responses Percent
Yes 156 74%
No 56 26%

The chart includes the data from the 156 respondents who answered yes to Question 12.

*"Other–Specify" responses included cross checking data and using other sources.

Received Training for Reporting DPS Data?
Response Number of Responses Percent
Yes 180 84%
No 34 16%

The chart includes the data from the 180 respondents who answered yes to Question 13.

Offices could respond with multiple options.

Received Training for Reporting OCA Data?
Response Number of Responses Percent
Yes 145 69%
No 65 31%

The chart includes the data from the 145 respondents who answered yes to question 14.

Percentages do not sum to 100% due to rounding.

Offices could respond with multiple options.

Feedback

To compile and present the answers for this section, auditors summarized the responses and classified similar responses into auditor-determined categories.

Improving Reporting to DPS
Click on the for more information.
Training
Offices indicated that they would like additional training to be provided, which would help ensure that their staff know what should be reported and how. In addition, training should be available locally or online to make it more accessible.
26
CJIS improvements
Offices indicated that improvements to the Criminal Justice Information System (CJIS) are needed to make the system more user friendly, which would make reporting easier. Improvements should include email reminders, ability to save progress, and better support. Offices use CJIS to report data to DPS.
16
Improved interagency communication/cooperation
Offices indicated that law enforcement and district attorneys' offices should improve communication and cooperation to ensure that cases are correctly reported.
13
Data correction in CJIS
Offices indicated that they would like the ability to make corrections in the Criminal Justice Information System (CJIS) themselves without having to submit a request to DPS.
7
=one response

Offices could respond with multiple answers.

Improving Reporting to OCA
Click on the for more information.
Training
Offices indicated that they would like more training to ensure that their staff know what information should be reported and the manner in which it should be reported. In addition, responses indicated that this training should be available locally or online to make it more accessible.
24
Reporting website improvements
Offices indicated that improvements are needed to make the information system used to report data to OCA more user friendly, which would make reporting easier. Improvement should include email reminders and electronic uploading instead of manual inputs.
8
Improved OCA communication
Offices indicated that they would like updates from OCA when changes occur to reporting requirements.
3
Improved interagency communication/cooperation
Offices indicated that because Offices rely on law enforcement and district attorneys’ offices, all entities should improve communication and cooperation to ensure that cases are correctly reported.
3
=one response

Offices could respond with multiple answers.

Other Information
Click on the for more information.
Need more training
Offices indicated that they would like more training and educational material provided at no cost to help them keep up with reporting requirements.
8
Improved communication by arresting agencies
Offices indicated that ensuring that arresting agencies provide accurate information is key to making sure data is reported accurately.
3
The IT Systems used for reporting need improvements
Offices indicated that improvements to reporting systems would help ensure the accuracy of reported data.
3
=one response

Offices could respond with multiple answers.

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