Investigators of 36 sexual assaults at the five state facilities that house developmentally-disabled patients failed to order rape examinations, ignoring a fundamental police procedure and jeopardizing the prosecution of any future suspects.

California Watch―which has done a series of stories about shortcomings in the facilities whose 1,600 patients include those with cerebral palsy, severe autism or profound retardation―found that only one of the 36 assaults led to court proceedings.

The Office of Protective Services, created within the state Department of Developmental Services four years ago to provide in-house security for the developmental centers, referred just three sex crime cases to county district attorneys for prosecution since 2009. A California Watch review of three dozen cases filed between 2009-2012 found that none of the victims were taken to a hospital for treatment by specially-trained nurses who use “rape kits” to gather potential evidence.

“How can you do a sexual assault investigation and not do an exam?” Roberta Hopewell, a detective at the Riverside Police Department and president of the California Sexual Assault Investigators Association, rhetorically asked a reporter.

This is how it was done in one case. Jennifer, a 27-year-old woman diagnosed with bipolar disorder, attention deficit and hyperactivity disorder and severe intellectual disabilities, was admitted to Sonoma Developmental Center in 2002, where most of these cases occurred. In 2006, she was observed to have bite marks and bruises, some around her breasts, which seemed to back up Jennifer’s story that she had been sexually abused.

Investigators said they didn’t have enough information to charge her caretaker. And they didn’t do a rape test. Evidence of assault was more visible months later when Jennifer turned up pregnant. By then the suspected caretaker had left the facility and no one was arrested. Jennifer’s parents are raising the child. The family sued the state and settled for $100,000. Jennifer moved out of Sonoma to a private apartment.     

One possible explanation for the lack of medical testing might lie with the office’s own guidelines that recommend only doing the rape procedures if “there is potential for recovery of physical evidence of the recent sexual assault.” One expert called that directive “crazy” and another said it threatens to shut down an investigation before it gets started.

Retired Patrol Officer Joe Guardado, who worked at Porterville Developmental Center until 2010, said administrators were afraid of bad publicity. “They didn’t want anything to get out, so they handled it internally. They call the shots.”

–Ken Broder

To Learn More:

Police Ignored, Mishandled Sex Assaults Reported by Disabled (by Ryan Gabrielson, California Watch)

Explainer: Investigating Sexual Abuse in California’s Developmental Centers (by Marie McIntosh, California Watch)

Report Rips Troubled State Facility for Developmentally Disabled (by Ken Broder, AllGov, California)