Chapter 10 Sex Offenses Hess 10-1

Introduction Anyone may become a victim of sexual assault Some sex offenders are emotionally disturbed and feel no remorse Most victims know their attacker Most attacks do not occur in dark alleys Hess 10-2

HARASSING BEHAVIOR Stressful and frightening Callers want to remain anonymous First step is to make a police report Next contact may be the phone company Police have resources to identify service providers Hess 10-3 Investigating Obscene Telephone Calls and Texts

CONCERNS Soliciting sexual intercourse for pay Personal safety concerns Public health concerns Quality-of-life concerns Hess 10-4 Investigating Prostitution

TRAFFICKING VERSUS SMUGGLING Smuggling  Paid to assist in the illegal crossing of borders  Person may choose to be smuggled Trafficking  Forced to work off debt from smuggling  Forced into a situation of exploitation Hess 10-5 Investigating Human Trafficking

MYTHS AND MISCONCEPTIONS Victim knew or was paid Has to cross borders Can’t be U.S. citizens CHALLENGES TO LAW ENFORCEMENT Jurisdictional and investigatory difficulties Hess 9-6 Investigating Human Trafficking

OFFENSES Bigamy Child molestation Incest Indecent exposure Prostitution Sodomy and rape (sexual assault) Hess 10-7 Classification of Sex Offenses

ELEMENTS OF THE CRIME Commonly includes an act of sexual intercourse  Other than a spouse  Without victim’s consent  Against the victim’s will  By force Hess 10-8 Rape/Sexual Assault

CHALLENGES TO INVESTIGATION Sensitive nature of the offense Social attitudes Victim’s horror or embarrassment Rape investigation requires great sensitivity Rape/Sexual Assault Hess 10-9

INFORMATION TO OBTAIN Conduct a field identification Check modus operandi files PHYSICAL EVIDENCE Rape kits Secure the scene Photograph all injuries to the victim Hess The Police Response

INVESTIGATING DATE RAPE Common date rape drugs Drug-Induced Rape Prevention and Punishment Act Inform medical personnel Date rape drug suspected Blood and urine tests The Police Response Hess 10-11

EVIDENCE COLLECTION Seek prompt medical attention Key to prosecution in future Sexual Assault Nurse Examiners (SANE) program  Classroom training  Clinical training Hess Victim’s Medical Examination

BENEFITS Victims retain their anonymity Confidentiality Critical information shared Victims can gather legal information Don’t have to commit immediately to investigation Hess Blind Reporting

OVERVIEW Reinforce the victim’s emotional well-being Obtain the facts Deal with victim’s emotional and psychological needs Cooperation depends on interviewer’s attitude Interview location is important Hess Interviewing the Victim

ESTABLISHING THE BEHAVIORAL PROFILE Method of approach How perpetrator maintained control ENDING THE VICTIM INTERVIEW Explanation of available victim assistance programs Explain what will happen next Give case number and phone number to call Interviewing the Victim Hess 10-15

FOLLOW UP 2 to 5 days Compare statements Crime scene or evidence altered in any way Interview all possible witnesses Hess Follow-Up Investigation

INTERVIEWS Locate as soon as possible Canvass neighborhood Determine relationships Interview acquaintances Many victims know their rapists Hess Interviewing Witnesses

CLASSIFICATIONS Know the victims Known sex offenders Sadistic Rapists Fantasy in sexual assault Hess Sex Offenders

OBJECTIVES Record any spontaneous statements Photograph suspect If more than one suspect is present, separate them Suspect should be the last person interviewed Building rapport is the first step Hess Taking a Suspect into Custody and Interrogation

INTERAGENCY COOPERATION Public and news media Medical and hospital personnel Rape crisis centers Social workers Hess Coordination with Other Agencies

CONVICTION Requires medical evidence Physical evidence such as torn clothing Evidence of injuries Complaint reported reasonably close to the time of the assault Hess Prosecution of Rape and Statutory Charges

RISK OF RECIDIVISM Legislation that allows the civil commitment Sex offender civil commitment (SOCC) Many contend that these acts violate offenders’ civil rights Must be proof an offender is having difficulty Hess Civil Commitment of Sex Offenders after Sentences Served

FEDERAL STATUTES Evolution of sex offender registries Jacob Wetterling Act Megan’s Law Pam Lychner Act Hess Sex Offender Registry and Notification

MONITORING Internet Global positioning system (GPS) Motor vehicle database Flag driver-license and vehicle registration files Hess Sex Offender Registry and Notification

Summary Distinction between human trafficking and smuggling lies in freedom of choice Special challenges in investigating rape include the sensitive nature of the offense Many departments have implemented a procedure known as blind reporting The evolution of sex offender registries can be traced to a trilogy of federal statutes Hess 10-25