Rape and Other Sex Crimes

1. Rape and Other Sex Crimes

2. Rape and Other Sex Crimes • Rape and sex crimes add a degree of difficulty to the investigation due to the emotional trauma that accompanies the aforementioned crimes. • Investigators must ensure proper handling of a witness so as not to add to the psychological scars that have already been implemented by the assailant.

3. Rape • In the interest of brevity we will cover rape only however the methods and issues discussed are synonymous with other sexual offences only varying by degree.

4. Political Pressure • The discovery of a sexual offense often results in political pressure stemming from the community constituents pressing the political leaders (mayor, governor ect.) to capture the criminal so the community can once again feel safe and also satisfy their need for retribution against the assailant.

5. Rape Statistics • Rape is an under-reported felony in the United States. • Statistics have established that Rapes are most commonly committed by a single individual. (Offender is often times known to the victim.) • 1/3 of all reported rapes occur in or near the victim’s home. • 1 in 4 rapes occur in a public area or garage.

6. Rape Statistics cont • More than 60% of Rapes occur between 6pm and 6am. • More than half of the victims are under the age of 19. • Current victimization surveys assert that as many as 70% of rapes go unreported. • In more than 70% of all rapes the perpetrator is known to the victim.

7. Rapes Statistics cont • 1.5 rapes per 1000 are women who are divorced or separated; while • 1.4 per 1000 involve women who were never married. • Less than 1 in 1000 married women become rape victims. • Women of a lower socioeconomic status are more likely to become victims of rape.

8. Rapes Statistics cont • Offenders of Rape are most likely to be individuals between the ages of 14 and 19. • The next largest group is of those between the ages of 20 and 24.

9. Sex Crimes Definitions • The concept of mutual consent is not well defined under the law. • A prostitute may be raped. • A person under the influence of alcohol and/or drugs may not be in a position psychologically to give (legal) consent. • Minor children cannot give consent.

10. Rapes and other sexual offences are generally difficult to prove in a court of law. • In addition, offenders have gone free because of a lazy or sloppy investigation. • [Give an example of a famous sexual assault case in which the offender was released due to police error.]

11. Corpus Delicti • Although individual statues may differ, the legal definition of rape often involves the following elements: • Sexual penetration, however slight, of the victim’s vulva; • By a person or persons without the victim’s consent; • Or with a minor child.

12. Other forms of Aberrant Behavior Associated with Sex Crimes • Sexual Assault • Child Abuse and molestation, also known as pedophilia • Some forms of pornography • Indecent exposure • Incest • Stalking

13. Stalking • Generally involves conduct that seriously alarms, annoys, intimidates, or harasses the person or persons, and that serves no legitimate purpose.

14. Types of Stalkers • The Psychopathic Personality Stalker • The Psychotic Personality Stalker • Celebrity Stalker • Lust Stalker • “Hit Man” Stalker • Love-Scorned Stalker • Domestic Stalker • Political Stalker

15. The Psychopathic Personality Stalker • Usually a male from a dysfunctional family, who is likely to use violence as a form of control over a former girlfriend or wife, and who frequently displays homicidal behavior. This is the most common form of stalker.

16. The Psychotic Stalker • A male or female who becomes obsessed with a particular person, such as an unobtainable love subject.

17. Celebrity Stalker • Follows someone who is famous, usually an entertainment or sports figure.

18. Lust Stalker Hit Man Stalker • Usually involves desire for sexual (rape) gratification, or psychological gain or power over a stranger. • A professional killer who stalks his or her victims.

19. Love Scorned Stalker Domestic Stalker • Involves prior personal relationships between the stalker and the victim. • Involves anger against a spouse.

20. Political Stalker • Focuses on a political figure, usually not personally known to the attacker.

21. Priorities of Sex Crime Investigations • Ensuring that the victim receives proper medical attention. • The physical examination of the victim can establish rape and sexual assault. • Protection of the crime scene and subsequent evidence from the scene and victim. • If a suspect is immediately apprehended it is imperative to collect the suspect’s clothing, particularly the undergarments .

22. Evidence collection • Law enforcement agencies should foster relationships with medical personnel to ensure cooperation during evidence collection and examinations. • Medical personnel who perform physical examinations of rape victims are required to follow a set of standard procedures. • {Why is the aforementioned so important?}

23. Crime Scene Identification and Protection • In many rape cases there are multiple crime scenes that must be identified and subsequently protected. • {Give some examples of multiple crime scenes involving a rape or sexual assault.}

24. Due to the lack of additional witnesses, it is important to establish an evidentiary link between the perpetrator and the victim that will corroborate the victim’s allegations.

25. Interviewing the victim • The initial interview should be conducted after the victim has received adequate medical attention. • It is often beneficial for law enforcement to use an interviewer of the same gender as the victim. • It is also largely beneficial to have a psychologist that is familiar with sex crimes advise the investigator prior to the interview. • The psychologist should not participate in the interview though depending on the victim’s psychological state it may be advisable to have a representative from a victim support group available.

26. Initial Interview • The first officer on the scene should conduct a preliminary interview however, the interview is crucial and as such the officer should be trained to handle the questioning process. • A second officer should be assigned to canvass the area surrounding the crime scene or scenes for potential witnesses. • The initial interview can be used to fill in gaps in the victim’s memory at a later time. • The potential gaps in memory can be caused by a repression of the traumatic event from the victim’s memory. • If the physical or psychological damage is extensive an attending doctor may refuse to allow a second interview for a period of time. • In this circumstance, the initial interview may be the strongest source of information.

27. Preliminary Interview • The preliminary interview should be conducted in private. • It is preferable to have an impartial same-sex observer such as a nurse or female officer present. • The most experienced officer should be the one to conduct the interview, however; if the victim is uncomfortable with said officer then any officer with which the victim is comfortable will suffice.

28. Preliminary Interview • Due to the likelihood of the victim being traumatized and possibly hysterical, it is not necessary to focus on the physical details of the act. • If one alleges rape it is imperative that the investigator assumes that the rape did indeed occur and investigate accordingly. • The victim should be allowed to tell their story uninterrupted if possible. • During this time the investigator should remain quiet and take extensive notes.(Three-Step Method of interview)

29. Preliminary Interview • Following the description of events by the victim the investigator should attempt to build on the victim’s statements by asking clarifying questions. • It is imperative that the investigator avoid accusatory statements or questions during this portion of the investigation. • Examples of the aforementioned would be questions such as “what were you wearing” or “why were you in a bar” .

30. Goals of the Preliminary Interview • Establish a physical description of the offender or offenders. • Identify the location or locations where the crime took place. • Establish the identification of possible witnesses. • Establish specific actions of the offender that are volunteered by the victim. • Develop the circumstances leading up to the attack. • Gain information on any weapon or vehicle that may have been used. • Establish specific information as to the actual location of the assault (i.e. bedroom, back of a vehicle).

31. Demeanor During Interview • It is imperative that the investigator, whether male or female, remain outwardly supportive and express understanding for the victim and their situation. • It is possible to unconsciously exhibit visual cues that can signify disbelief, disapproval, hostility, or skepticism. The interview should not take place in the presence of friends, family or spouse. Although the victim may wish to have the support of the aforementioned, it is not an ideal situation and should be avoided if at all possible.

32. Follow-up Interviews • Follow-up interviews can be conducted by either the investigator or the prosecuting attorney. • It is during this stage that the investigator attempts to fill in the specific information that will be necessary in presenting a solid case in court. • Once again it is beneficial to have a rape trauma counselor present during these interviews however it is important that the counselor realize that they are there to support the victim not become involved in the investigation.

33. Follow-up Interviews • In an attempt to make the victim as comfortable as possible, the interview should not be conducted in the police station or other formal type setting. • In addition it is important that the interview have as few people present as possible. • Again it is important that the interview be conducted void of family or friends!

34. Follow-up Interviews • The interview should request that the victim tell their story again from the beginning and explain to them that additional clarifying questions will be asked at this time. • The investigator should assure the victim that the questions are not because they do not believe the victim rather it is important in gaining a conviction.

35. Follow-up Interviews • The investigator should establish the basics of the case (who, what, when, where, how) however it is imperative that in doing this the investigator does not lead the witness. • Many sexual terms may be foreign to the victim. • For this reason the victim should be allowed to explain the act in their own terms.

36. Follow-up Interviews • Although uncomfortable, it is important that multiple acts be clearly identified and categorized in a chronological order in the report. • Because consent is a large factor in sexual assault cases it is important to carefully record the victim’s actions and words during their recollection of the event. • In this circumstance, verbatim wording is often necessary despite the use of profanity.

37. Follow-up Interviews • In some cases the victim’s “experience” or moral question may be used against them during the trial. • For this reason the investigator or prosecutor should clearly establish what constitutes a lack of consent in the mind of the victim and why the victim acquiesced.

38. Example • The fact that a suspect is unarmed and said to the victim “I want to fuck you,” and she acquiesced does not preclude rape if the victim felt she was being coerced. • The fact that the victim has sexual intercourse with others is immaterial. • The existence of a relationship between the victim and suspect needs to be documented.

39. Follow-up Interviews • Special attention should be paid to the verbiage used by the suspect as it can often develop MO and tie other assaults to the same suspect. • Statements such as “I’ll bet that’s the best you’ve ever had” or “you liked that didn’t you” are clues to psychological needs of the perpetrator which will often be repeated in other assaults.

40. Follow-up Interviews • Physical descriptions are also important during the trial. • The investigator should focus on distinguishing marks such as tattoos, scars or even visual surgeries such as circumcision. • Identifying features that are not normally visible can be exceedingly helpful to the prosecution.

41. Follow-up Interviews • The number of interviews should be limited due to the psychological trauma associated with the continued recollection of the event however, it is important that the prosecution feels confident that they have sufficient information to take into the courtroom.

42. Witnesses • Witnesses fall into two categories: • Those who can testify that the offender was with the victim. • Those who can testify to specific acts. • Some witnesses might assert that the victim gave consent and others might be too ashamed at what they witnessed to cooperate. (They did not stop it.)

43. Interviewing Children • The age of the victim adds a certain difficulty to the interviewing process. • In the case of children it is important that the interview be conducted by a trained professional. • In cases where the parents are suspected of abuse it is important that the investigator and or interviewer pay special attention to the non-verbal cues of the child in the presence of the parent.

44. Physical Evidence • As with any criminal case the identification and collection of physical evidence is extremely important. • The proper handling techniques for the collection of physical and especially biological evidence are covered in “Scientific Aspects of Evidence” class.

45. Physical Evidence • The goal of the crime scene search is to locate evidence that will: • Link the victim and the offender to the crime scene. • Establish that sexual relations took place. • Establish that force was used. • Establish the offender’s role or activity.

46. Evidence Collection • {Describe the various methods for the collection of physical and trace evidence following a rape or sexual assault.}

47. Questions?