Sexual Assault In-Service Training for Maryland Law Enforcement Officers

Sexual Assault In-Service Training for Maryland Law Enforcement Officers 2007

Sexual Assault In-Service Training for Maryland Law Enforcement OfficersCourse Series • Overview of Sexual Assault • Preliminary Sexual Assault Investigation • Sexual Assault Victim Interviews: Challenges and Techniques • False Allegations and Unfounded Reports of Sexual Assault This project is supported by VAWA-2002-1107, awarded by the U. S. Department of Justice. The assistant Attorney General, Office of Justice Programs, coordinates the activities of the program offices and bureaus. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the United States Department of Justice.

Sexual Assault Overview 1

Purpose of Training Enable Law Enforcement Officers to investigate sexual assault armed with accurate information.

Conservative Estimates Suggest that… • At least 25% of American women have been sexually assaulted in adolescence or adulthood and that 18% have been raped. • At least 20% of American men report having perpetrated sexual assault and 5% of men report having committed rape. • At least one-half of all violent crimes involve alcohol consumption by the perpetrator, the victim, or both. • Sexual assault occurs most commonly among women in late adolescence and early adulthood. • Spousal rape is often more violent and repetitive than other rape, and it is less commonly reported.

Is This Fact or Fiction? “Generally, the actions and the appearance of a legitimate rape victim leave little doubt that a crime has been committed. Under such circumstances, the victim is highly agitated, emotionally distraught, often in a state of hysteria and may have sustained injuries, cuts, bruises or wounds. The victim’s clothing is often ripped or torn off as evidence that it was forcibly removed and if the rape occurs outdoors, the victim is generally thrown to the ground and her outer garments stained and soiled.Questions may reasonably be raised concerning the validity of rape charges in which none or only a few of the above manifestations exist. ”

Separating Fact from Fiction Realities about Sexual Assault… Fiction. Real rape most often occurs between strangers. Fact: The vast majority of sexual assaults are classified as “non-stranger.” In at least 80% of sexual assaults, the victim knows the assailant.

Also… • Unfortunately, your interview with the perpetrator may be the ONLY accountability he experiences. However, do not underestimate the potential effects of this interview.

Statistic.. • 84% of college males admitting to an act legally defined as sexual assault Did not even know they had committed a crime!

Child Sexual Abuse (CSA) • Common Characteristics of CSA • Delayed disclosure or only part of the story is told • Incidents usually take place over a period of time • Typically there is no conclusive medical evidence that sexual abuse occurred. Time is of the essence. • Interviews of children require special handling

Additional Facts • 60% of sexual assaults occur in a home. • Weapons are NOT used in 85% of ALL sexual assaults—92% in non-stranger cases. • Injuries were NOT sustained in 83% of sexual assaults and 61% of ones attempted.

There Are Other Problems...More to Understand… • Many adolescents (14-18) engage in high risk behaviors that may contribute to victimization. Suspects involved are typically much older and prey on easy victims. • In interviews with convicted rapists, earliest victims were younger siblings, neighborhood children, girlfriends, acquaintances and spouses. Most of the assaults were never reported. • A 1993 Senate Judiciary report indicated that 98% of sex offenders are never caught, tried, or imprisoned. Once offenders understand how easy it is to get away with rape, their behavior escalates. They DO NOT STOP at one victim.

Separating Fact from Fiction Realities about Sexual Assault… Fiction: All victims have a similar, predictable response to the trauma. Fact: Every victim deals with trauma in a different way. There is no fixed pattern of response. Rape Victims often present with numbness and shock, which looks like relative calm. Expect the Unexpected

Did you know… • That when a person’s fight/flight/freeze response is activated, the pre frontal cortex of their brain (“the rational mind”) is disengaged.

Separating Fact from Fiction Realities about Sexual Assault… Fiction: Persons who are really sexually assaulted call the police immediately after the assault. Fact: 84% of victims never call the police. For those who do contact police, 25% report after 24 hours; 64% within 72 hours.

Victims Are Still Not Reporting. Why Not? • Embarrassment • Loss of privacy • Fear of being blamed or judged because of circumstances • Trusted the offender • Won’t be believed • Didn’t know the offense was a crime • Distrust of law enforcement and the criminal justice system

Separating Fact from Fiction Realities about Sexual Assault… Fiction: Victims recover from their trauma and eventually “get over it.” Fact: Victims report that sexual assault is a life-changing event that affects the rest of their lives. The chances that a woman will develop Post Traumatic Stress Disorder (PSTD) after being raped are between 50% and 95%. “Even though it’s a year since the rape, I’ve been feeling upset again. I’m really confused about this. I’ve been having flashbacks and nightmares like I did just after it happened. Will I ever get over this?” Eve, graduate student, sexually assaulted while on vacation by a man who had offered to give her a guided tour of the island she was visiting

Women with a history of sexual abuse tend to: • be revolving-door users of the health care system • presenting with complex, chronic medical conditions • Seven times more likely to: • smoke, abuse alcohol or drugs, and become obese

In other words… • They are more likely to die an untimely death.

Separating Fact from Fiction Realities about Sexual Assault… Fiction:Sexual assault is motivated by sexual desire. Fact:Sexual assault in an attempt to hurt, humiliate, and control the victim. Sex is only the weapon. These assaults include both the actual use of force and/or the threat of force upon the victim and/or another person(s). Remember that there is a difference between consent and submission out of fear. If you fear for your life, your physical safety, or the life and safety of a loved one, you may sincerely believe you have no other alternative than to submit to a sexual act . This does not mean that you have consented to it; coercion is not consent.

Coercion is not consent! • She may still FEEL as if she was raped, even if the act does not meet the legal definition. • Help her understand and refer her to local service providers. • This is not a false report!!!

Debunking the MythsReasons we have myths? • Our image of rape and sexual assault is of a violent, unprovoked attack by a stranger wearing a hood and wielding a knife in an unlit parking lot or wooded area. • Many aspects of our society, primarily the media, perpetuate the myth. • Allows people to feel safe from the threat of victimization. • To avoid the gray area and keep things “black and white.”

Debunking the MythsConsequences of believing them • Victims are not believed and their credibility questioned • Some cases are not investigated appropriately • Offenders may repeat their crime as they learn they can get away with

Needed: A Dynamics-Based Investigation • 98% of rape victims will never see their attackers apprehended, convicted, or incarcerated. 54% of all rape prosecutions will result in either a dismissal or an acquittal. Adding together the convicted rapists sentenced to probation and those sentenced to local jails, almost half of all convicted rapists are sentenced to less than 1 year behind bars. Violence Against Women: The Response to Rape, prepared by the Majority Staff of the Senate Judiciary Committee, May 1993) • Assure the victim you understand the dynamics of sexual assault. • Approach the case with the assumption it is valid. • Utilize a team approach. • Corroborate the victim’s credibility. • Understand the bias and investigate through it. • Reduce the likelihood of inconsistent or untrue information in victim’s statement. • Understand the difference in evidence to overcome a consent defense.

Maryland Coalition Against Sexual Assault1517 Governor Ritchie Highway, Suite 207Arnold, Maryland 21012410-974-4507 (phone)410-757-4770 (fax)www.mcasa.org (web)info@mcasa.org(email)

Sexual Assault In-Service Training for Maryland Law Enforcement Officers