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Understanding Sex Offenses and Rape: Facts, Response, and Investigation

This chapter provides an overview of different sex offenses, including voyeurism, pedophilia, and sadism. It discusses classifications such as bigamy, child molestation, incest, and more. The chapter also covers important facts about rape, assumptions vs. facts about sexual assault, the police response, evidence collection, interviewing the rape victim, handling the suspect, and interrogation techniques. It concludes with information on applicable evidence law and relevant federal statutes.

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Understanding Sex Offenses and Rape: Facts, Response, and Investigation

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  1. Chapter 9 Sex Offenses

  2. Terms • Voyeurism – window peeking; Peeping Tom • Pedophile – a person who is sexually attracted to young children • Sadist – a person who derives sexual gratification from causing pain to others

  3. Classifications of Sex Offenses • Bigamy • Child molestation • Incest • Indecent exposure • Prostitution • Rape • Sodomy

  4. Sex Offenses • Cunnilingus • Fellatio • Oral copulation • Penetration • Sadomasochistic abuse • Sexually explicit conduct

  5. Facts About Rape • One out of every six U.S. Women has been the victim of an attempted or completed rape • Most rapes occurred under the age of 18 • Rape is predominantly committed by husbands, ex-husbands, cohabiting partners and boyfriends • Women are the predominate victim

  6. Rape • Forcible rape – statutory intercourse against a person’s will by the use or threat of force • Statutory Rape – sexual intercourse with a minor, with or without consent

  7. Assumptions vs. Facts About Sexual Assault

  8. Elements • An act of sexual intercourse • With a person other than a spouse • Committed without the victim’s consent • Against the victim’s will and by force

  9. The Police Response • Announce yourself upon arrival at the scene • Explain to the victim what is being done for her safety • Call for an ambulance if necessary • Protect the crime scene and broadcast a description of the assailant • Establish a command post away from the scene • Conduct the preliminary investigation • Ascertain the background of the accuser and, if possible, the accused

  10. Evidence • Stained or torn clothing • Scratches, bruises, or cuts • Evidence of a struggle • Semen and bloodstains

  11. Interviewing the Rape Victim • Attempt to establish rapport • Use sympathetic body language • Explain the necessity for asking sensitive questions • Attempt to reinforce the victim’s emotional well being • Find a private location • Use open-ended questions

  12. Behavior-oriented Interview • Carefully interview the victim about the rapist’s behavior • Analyze that behavior to ascertain the motivation underlying the assault • Compile a profile of the individual likely to have committed the crime

  13. Methods of Approach • Con-approach – the offender is initially friendly, charming, and dupes the victim • Blitz approach – the offender directly physically assaults the victim • Surprise approach – the offender hides in the back seat of a car, in shrubbery or behind a wall or waits until the victim is sleeping

  14. Levels of Physical Force • Mere presence • Verbal threats • Display of a weapon • Use of physical force

  15. Handling the Suspect • Record any spontaneous statements made by the suspect • Photograph the suspect • Separate suspects if more than one present • Remove the suspect from the scene as soon as possible

  16. Interrogation • Build rapport • Ask the suspect to tell his side of the story from beginning to end • Don’t interrupt him • Show interest in what he is saying and keep him talking • “You tell me what happened and I will understand”

  17. Applicable Evidence Law Testimony about the victim’s past sexual conduct is not admissible unless: • The victim has had prior sexual relations with the defendant • There is evidence of venereal disease or pregnancy resulting from the assault • Circumstances suggest that consent occurred within the calendar year • The victim has not told the truth or filed a false report

  18. Kansas v. Hendricks • The state may civilly commit to a mental hospital people who are likely to commit predatory acts of sexual violence dues to a mental abnormality or personality disorder. • Kansas v. Crane added the limitation that there must be proof of an offender’s serious difficulty in controlling his behavior.

  19. The Trilogy of Federal Statutes • The Jacob Wetterling Act – requires state to establish registration systems for child molesters and other sexually violent offenders • Megan’s Law – requires states to release any relevant information about registered sex offenders and allows disclosure of information collected under a state registration program • The Pam Lyncher Act – directed the FBI to establish a national sex offender database

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