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Victim Interviews In Cases Of Acquaintance Rape. Alison Eaton Andy Griffiths Sussex Police, UK. Rape – The law. Rape is where A intentionally penetrates the vagina, anus or mouth of another person B with his penis. B does not consent to the penetration.
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Victim Interviews In Cases Of Acquaintance Rape Alison Eaton Andy Griffiths Sussex Police, UK
Rape – The law Rape is where • A intentionally penetrates the vagina, anus or mouth of another person B with his penis. • B does not consent to the penetration. • A does not reasonably believe that B consents • Rape is still a crime of basic intent and self-induced intoxication is no defence. • It carries a maximum penalty of life imprisonment in the UK • British crime survey reports every year 60,000 women are raped in the UK
“I didn’t hurt nobody. Nobody has a black eye or broken ribs” • Mike Tyson at his sentencing for rape. • (Cynthia Tucker, ‘Rape does hurt somebody’ San Francisco Chronicle, 6 April 1992)
Acquaintance Rape • Victim is able to identify the suspect. • Someone known to them • Neighbour, Friend, Social Circle • Previous knowledge of the suspect • Other categories include domestic rapes, stranger rapes
Myths & Reality • Myth – Rape is a violent assault by a stranger • Myth – Non violent non consensual sex with someone you know ( acquaintance) is not rape • Reality – In 75% of rape cases the identity of the suspect is known to the victim • Reality – Acquaintance rape is one of the most unreported crimes (hidden crimes) • Reality – Fear of not being believed
Recognising Post-Traumatic Stress Disorder (PTSD) • Medical & Psychological condition suffered by many victims of rape. • Also known as Rape Trauma Syndrome • Three stages – Acute, Adjustment and Long Term • May not appear visibly distressed • Officers should keep notes of observed physical condition and demeanour of victim. • Effect timing of victim interview. • Decision should balance needs of investigation, responsibilities under PACE and potential effects of trauma and stress of victim
Victim Interview strategy in acquaintance rape Aims and objectives • Circumstances of victim meeting suspect • Previous behaviour of suspect • Mode of contact • Attempts by suspect to contact victim after offence • Forensic opportunities • Full details of offence and circumstances, witnesses, timing, speech. • Points to prove.
Introduction to study • Study has examined a number of local cases through joint working with CPS • Victim interview is critical in rape cases as there are rarely any other witnesses • Key evidence to direct investigation. • Interview at core of investigation and credibility of victim is key. • Qualitative analysis • Focus on questioning skills to produce detailed account. • Recognising effects of trauma and inconsistencies.
Case Study One • Victim, 25 years out drinking with friends and ended up at nightclub • Met up with a group of males known from sports club, including T • Went outside for smoke and ended up consensual kissing with T • Invited back for drinks at T’s flat with others in group • Drinking continued at the flat • Victim and T into bedroom and continued consensual kissing • Suddenly second male entered bedroom and held victim down on bed and anally raped her at same time as T then vaginally raped victim.
Case Study One Interview • Interview conducted over 2 days • During introduction: • Q What sort of contact have you had with police before? • A I was in trouble as a teenager…… • When victim spoke about T asking her back to his flat: • Q What did you think was going to happen? • A Not that I would be raped by two of them…. • Final and very inappropriate question: • Q What have your recent sexual experiences been?
Case Study One Interview • Q Describe where you were in the club, try marking it on this plan • A This side of the dance floor….. • Q Tell me how you knew T? • A We go to the same yoga class at the gym and got talking after….. • Q Have you had any contact from him since? • A One of his mates at the club asked me to call him …..
Case Study Two • The victim is 19 years old. • 999 call made to police by victims mother reporting daughter had been raped by an acquaintance. • Victim said she had been in her bedroom when suddenly J came into room. • J asked if they could have sex, victim screamed at him to get out. • J then pushed her onto the bed and raped her, placing a pillow over her mouth. • She ran into bathroom and locked door, heard J go to kitchen and get knife, used it to unlock door and threaten her with knife. • J walked downstairs and she heard front door close, she believed he had left and went downstairs, but he was hiding in lounge
Case Study Two Interview • Q Tell me in detail what happened when J came into your bedroom? • A He bust into my bedroom and asked if we could have sex and I told him to ‘get out’! • …… he continued to push his penis into me , my vagina until he ejaculated…. • Q Then what happened? • A I managed to punch him in the mouth and then ran into the bathroom and locked the door. • Q Tell me what J did? • A I heard him go downstairs, sounded like he was getting a knife or something from the kitchen …
Case Study Two Interview • Q Tell me how you know J? • A He is an ex, I finished with him 6 months ago. • Q When was the last time you had any contact with him? • A Saw him in ‘Town House’ a couple of weeks ago, just said ‘hello’ ….. • Q I need to now go back and get a bit more detail from when J was in your bedroom. What was the conversation? • A I was screaming ‘No! Get out’ for a lot of the time ……
Conclusions • The need to move away from influence of stereo types of rape victims and rapists • Effective interviews that successfully meet the needs of investigation and ensure the victim feels supported and believed. • Conflict between investigative need for detail and psychological effects after trauma. • Inconsistencies and ambiguities within victim’s interview must be fully addressed. • Credibility of the victim is key.
Any questions ? Detective Inspector Ali Eaton alison.eaton@sussex.pnn.police.uk Detective Superintendent Andy Griffiths andrew.griffiths@sussex.pnn.police.uk