© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Class Name, Instructor Name Date, Semester Lasley & Guskos,

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Presentation transcript:

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Class Name, Instructor Name Date, Semester Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed Chapter 10 SEXUAL ASSAULT SCENES

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Define and provide examples of the term sexual assault Describe how sexual assault investigations are conducted Explain the importance of biological evidence in sexual assault cases Summarize the types of sexual assault offenses Identify the various types of paraphilias and deviant sexual acts CHAPTER OBJECTIVES

Define and provide examples of the term sexual assault Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

4 History of Crime in America Carnal knowledge of a female forcibly and against her will 1.Oral/anal intercourse 2.Forced male/female or female/female 3.Nonconsensual

Sexual assault categories 1 st degree: Physically or psychologically forced vaginal, oral, or anal penetration with bodily harm, threat/use of weapon, assistance from others, or victim becomes pregnant 2 nd degree: physical or psychologically forced vaginal, oral, or anal penetration with threat of violence, causing injury, illness, disease, or psychological impairment, or on a person who is unconscious 3 rd degree: physically or psychologically forced vaginal, oral, or anal penetration 4 th degree: improper touching, attempted sexual contact, lewd and lascivious behavior, other sexually motivating acts without consent or cooperation of victim

Rape Kit 6

Rape Typologies 1.Date rape 2.Stanger rape 3.Spousal or marital rape 4.Child rape 5.Prison rape 6.Serial rape 7

Describe how sexual assault investigations are conducted Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Exam Report 9

First Response to Victim Upon arrival, document the victim’s location. If the victim is injured, seek first-aid assistance if EMTs have not already been notified. Some injuries may be beneath clothing or not readily visible, as in the case of bruises or strangulation marks, or defense wounds Document statements made by the victim. Record each statement in the exact words used by the victim. Let the victim tell his or her story before asking any specific questions. Be a good listener. If the victim begins to provide rambling descriptions, ask specific questions about the incident. Describe the victim’s emotional condition. Document the victim’s injuries. Take photographs of specific injuries as well as a photo of the victim’s face for future identification purposes. If the suspected offender is still on the scene, detain the offender and interview the victim out of the sight and hearing of the suspect. If the victim provides a description of the offender, and the offender is believed to still be in the vicinity of the crime scene, issue a bulletin. 10

First Response to Victim Note the victim’s relationship to the suspect, document any history of prior abuse with the suspect or other persons, and note any temporary restraining or other court orders. Inquire about the victim’s drug or alcohol use with the offender. If the use of date rape drugs is suspected, attempt to locate the drink containing the drug. Be sympathetic to the victim: Do not act judgmental in response to the victim’s statements; use eye contact and body language that conveys concern and understanding to the victim; and explain to the victim that the assault is not his or her fault and medical assistance and other help options are available. Photograph the room or scene where the alleged sexual assault took place. Look for signs of displaced items such as bed sheets, furniture, or other items that show signs of a struggle between the offender and victim. Document any temporary address or telephone number of the victim. 11

Photograph items of Sexual Assault 12

First Response to Suspect Describe the suspect’s location upon arrival. Administer first aid to the suspect if he or she is injured. Document any statements or admissions made by the suspect. Describe the suspect’s emotional condition. Describe the suspect’s physical condition. Document the suspect’s injuries in detail. Attempt to identify specific defensive wounds, such as bites or scratches, that appear on the suspect’s body. Document evidence of substance or chemical abuse by the suspect. Interview the suspect in a separate area from the victim. The suspect may appear calm, but may suddenly turn violent and attempt to attack. As a precaution against suspect violence, seat the suspect (or apply handcuffs, if legally warranted by the situation) before starting the interview. Obtain a photograph of the suspect from the victim (if available), if the suspect is not present at the scene. 13

First Response to Witnesses Interview the reporting party, if other than the victim. Identify all witnesses and interview them separately. List names and ages of children, if present at the scene. Interview the children, if present. Conduct the interview at a comfortable location away from parents. Be seated or assume another type of nonintimidating physical position or position when conducting the interview. Use open-ended questions, rather than specific questions that may cause the child to respond in a misleading manner Document names and addresses of emergency personnel. Document the name of the treating physician in the emergency room, if the suspect received emergency medical treatment 14

15 Interview Obstacles from the Victim RageFearWorthlessnessGuilt/blame

16 Rape Trauma Syndrome Prolonged and psychologically debilitating reaction to being the victim of rape 1.Acute stage 2.Outward adjustment stage 3.Renormalization stage

17 Special Considerations at the Crime Scene Extend the crime scene perimeter Visualize trace evidence Recalling smells Preserving biological evidence Managing the media

The Follow-up Interview Never be judgmental of the victim or the victim’s behavior—no matter how morally offensive or deviant it may appear from a personal perspective. Show the victim respect and refer to them by their title (Mr., Ms., or Mrs.) or a particular name they like to be called. Refrain from touching the victim after their criminal ordeal; they may perceive touching as a physical intrusion of their personal space. Don’t try to be a counselor to the victim. Be sympathetic when necessary, but also be professional. Expect the victim to fabricate certain stories, especially those that may suggest sexually provocative or deviant behavior that the victim is ashamed to admit having engaged in. Expect the victim’s accounts of the sexual assault to be inconsistent due to their confused emotional state at the time of the offense. 18

The Follow-up Interview Let the victim speak freely while telling their stories and answering questions. Too often, investigators interrupt victims in mid-speech and miss valuable information that would have been disclosed had the interruption not occurred. Attempt to interview the victim alone. Friends, family, or other support persons present during the interview often try to support the victim by intentionally or unintentionally discouraging investigators from probing too deeply into sexually explicit details of the assault. If at any time the victim appears emotionally overwhelmed or becomes socially withdrawn (which happens quite often), stop the questioning immediately. Reassure the victim that you are on their side, and that you feel for them and the trauma they have endured. Also, inform them that the more detail they can provide regarding the offender and the assault, the more likely the case will have a successful outcome. 19

20 Conducting the Sexual Assault Interview Develop Rapport before beginning to ask questions Physical characteristic’s of the suspect’s body Details of the sexual attack before, during, and after

Explain the importance of biological evidence in sexual assault cases Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

Biological Evidence 22

23 SANE and the Rape Kit Photos of the victim clothed Victim undresses over a sterile sheet so as to collect trace evidence Fingernails scraped for blood or skin evidence from offender

Photo Victim Clothed 24

25 SANE and the Rape Kit Oral swabs from victims mouth taken Swabs taken from areas where offender left bodily fluids Pubic area is combed fro offender’s pubic hairs

26 SANE and the Rape Kit Genital swabs and smears are taken from vaginal/rectal area Blood samples are drawn and other medical tests to show victims DNA Any other physical evidence is collected, documented, packaged in kit

Swab Evidence Left by Assailant 27

False Rape Indicators Late reporting of the offense Lack of evidence to corroborate the victim’s story The victim’s (or witnesses’) lack of cooperation with investigators Refusing a sexual assault medical examination Filing reports of the crime in the wrong jurisdiction Discrepancies and vagueness in the victim’s story and description of the offender The victim providing investigators with a wrong home address Prior histories of the victim’s mental illness, alcoholism, or drug abuse Prior arrests for vice crimes, including prostitution A history of filing sexual abuse reports with police, especially if the accusations were unfounded Ongoing domestic disputes such as divorce and child custody issues 28

Summarize the types of sexual assault offenses Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

FBI Rape Typologies Pseudo-Unselfish Rapist: Obtain power over victim which helps them overcome feelings of personal inadequacies Selfish Rapist: Anger toward women is motivation 30

31 Rape Classifications Classification Power Reassurance Rapist Power Assertive Rapist Anger Retaliatory Rapist Anger Excitement Rapist Opportunistic Rapist Gang Rape

Crime of Opportunity 32

Identify the various types of paraphilias and deviant sexual acts Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

34 Paraphilia's Fetishism—sexual attraction to objects Exhibitionism—sexual arousal from exposing their genitals to strangers Voyeurism—seeking sexual arousal from observing unsuspecting persons undressing or engaged in sex

35 Paraphilia's Telephone Scatologia—obscene phone calls Frotteurism—touching and rubbing against an unsuspecting person in a sexual manner Necrophilia—sexually aroused by a corpse

36 Paraphilia's Technophilia Computer related sexual acts Sado- Masochism Sexual pleasure from pain infliction Partialism Aroused by specific body parts Hypoxyphila Sexual arousal by asphyxia

37 Pedophile’s Inductive Fondling and touching Fixated Play or activities, act like a child Regressed Sexually inadequate as teens Exploitive Trickery and deception Aggressive Violent and dangerous

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Most offenses categorized as sexual assaults encompass numerous contact sex crimes including rape, attempted rape, incest, molestation, and fondling as well as varieties of noncontact sexually motivated acts such as sexual threats, pornography, and indecent exposure. In addition to these classifications, many jurisdictions have special category offenses for sexual assaults of children and minors. Investigators should be prepared to face formidable emotional obstacles while attempting to interview victims of sexual assault. Fear, rage, guilt, and self-blame are often some of the reactions of victims of sex crimes at the time of initial contact. It is best to interview the sexual assault victim in two stages. First, conduct a quick interview to obtain the most important details of the incident to establish that a crime was committed, where it was committed, and possibly by whom it was committed. Second, after the victim has dealt with the trauma of the situation, begin a more detailed interview, probing for specific details of the sexual assault such as (1) a physical description of the suspect’s body and (2) details of the attack. CHAPTER SUMMARY

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Various typologies of sexual assault offenders have been created that are useful for conducting and profiling perpetrators of sex crimes. For example, the FBI has developed a method known as criminal investigative analysis (CIA) for classifying rapists based on factors such as their behavior with victims at the crime scene and the M.O. they use to carry out a sexual assault. There are also various typologies of rape victims who provide investigators with false rape accusations. Estimates of false rape accusations reported to police by alleged victims are estimated to be from a low of 25 percent to a high of 40 percent. CHAPTER SUMMARY Obtaining biological evidence from the victim’s body and from the crime scene is key to demonstrating that a sexual assault crime has taken place and for providing evidence of a suspect’s guilt as the perpetrator of the alleged sex crime.

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved In addition to rapists, there are various types of deviant sexual offenders known as paraphiliacs. These offenders commit various sex crimes from noncontact acts such as exhibitionism to aggressive predatory attacks on children. Some of these offenders engage in occasional criminality, while others live a lifestyle of habitual sexual offending. Hypoxyphilia is one form of this sexual disorder commonly encountered by investigators, which sometimes results in what is known as autoerotic death. CHAPTER SUMMARY