Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Rape and Sexual Offenses Chapter 12

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Overview Investigative Procedures Investigative Procedures Juvenile Sexual Assaults Juvenile Sexual Assaults Sex Offenses and Related Behaviors Sex Offenses and Related Behaviors Review Questions Review Questions Opportunity for Student Questions Opportunity for Student Questions

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Learning Objectives Understand the legal requirements for the crime of rape Understand the legal requirements for the crime of rape Understand the unique social pressures that affect the reporting of rape offenses Understand the unique social pressures that affect the reporting of rape offenses Discuss the current state of rape as to frequency, rate of reporting, and suspect-victim relationship Discuss the current state of rape as to frequency, rate of reporting, and suspect-victim relationship Describe the various offender methods of operation Describe the various offender methods of operation List the four major personality types of rapists List the four major personality types of rapists Describe the investigative procedures that are proper for the rape investigation Describe the investigative procedures that are proper for the rape investigation Discuss the current state of sexual child abuse and the various offender types Discuss the current state of sexual child abuse and the various offender types Understand the methodology and appreciate the importance of victim questioning Understand the methodology and appreciate the importance of victim questioning Define and discuss other unlawful sex crimes Define and discuss other unlawful sex crimes

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Crime of Rape This is a crime that has traditionally been defined as sexual intercourse against a female by force or against her will This is a crime that has traditionally been defined as sexual intercourse against a female by force or against her will Statutory rape refers to sexual intercourse or sexual contact Statutory rape refers to sexual intercourse or sexual contact –With a child who has not reached certain, statutory ages –Willingness or consent is NOT a legal issue

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Legal Considerations in Rape Cases All state statues waive requirements of force and unwillingness when the victim is unconscious or mentally ill All state statues waive requirements of force and unwillingness when the victim is unconscious or mentally ill Intercourse includes penetration of the vulva, no matter how slight Intercourse includes penetration of the vulva, no matter how slight Ejaculation is not required Ejaculation is not required “Against the will” of the victim need not be demonstrated by senseless physical resistance “Against the will” of the victim need not be demonstrated by senseless physical resistance –If it would be futile –If it would endanger life Most states have modernized rape statutes to sexual assault statutes that do not specify victims by gender Most states have modernized rape statutes to sexual assault statutes that do not specify victims by gender

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Degrees of Sexual Assault Many states have different degrees of sexual assault, for example: Many states have different degrees of sexual assault, for example: –1 st Degree Sexual Assault = Sexual intercourse with aggravating circumstances such as gang rape, use of dangerous weapon, or causing pregnancy –2 nd Degree Sexual Assault = Sexual intercourse with circumstances such as using force or threat of force, with an unconscious victim or with a person who is mentally ill –3 rd Degree Sexual Assault = Sexual intercourse without consent –4 th Degree Sexual Assault = Sexual contact without consent Note: “Marital privilege” as a defense against rape is legally void in all states.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ How Often is Rape Committed or Reported? Rape is believed to be the most under-reported of all crimes against the person Rape is believed to be the most under-reported of all crimes against the person –Some research indicates that at least 57% of victims report the incident to the police –Other studies indicate that annually, the number of rapes is actually more than five times the reported figure –One women in eight is raped at some time in her life –61% of rape victims were 18 or younger at the time of the attack –Only 22% o f the rapes were committed by strangers to the victim –31% of the victims developed a post-traumatic stress disorder

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Current State of Rape Approximately 90,000 rapes are reported in the U.S. each year Approximately 90,000 rapes are reported in the U.S. each year Rape accounts for about six percent of all reported crime Rape accounts for about six percent of all reported crime Large cities account for the greatest number of rapes Large cities account for the greatest number of rapes Most rapes occur in the summer Most rapes occur in the summer About 44% are cleared by an arrest About 44% are cleared by an arrest Approximately 70% are prosecuted Approximately 70% are prosecuted 40% are subsequently convicted 40% are subsequently convicted

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Facts About Rape The rape suspect and victim are typically about the same age The rape suspect and victim are typically about the same age The offender is usually only slightly older The offender is usually only slightly older Victim-offender relationships Victim-offender relationships –Studies conflict regarding how often victims know their attackers –When the victim knows her attacker, 30% report the crime as compared to only 3% if the attacker is a stranger One study found that 8% of reported rapes were unfounded One study found that 8% of reported rapes were unfounded –This is the highest of all reported serious felonies –In these cases, the police established that no forcible offense occurred

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Offender Characteristics Rape offenders tend to be young: Rape offenders tend to be young: 16–20 years of age 45% of those arrested for rape are under 25 45% of those arrested for rape are under 25 15% of offenders are 17 years of age or younger 15% of offenders are 17 years of age or younger 58% of those arrested were white 58% of those arrested were white 41% of those arrested were black 41% of those arrested were black

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ General Rapist Profile (by the NYPD) 70% are under 29 years old 70% are under 29 years old 75% were unmarried 75% were unmarried Most were lacking in education and job skills Most were lacking in education and job skills 23% also committed robbery and burglary during the same incident 23% also committed robbery and burglary during the same incident

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Recidivism Rapist are highly recidivist Rapist are highly recidivist The rates are far higher than for other types of perpetrators The rates are far higher than for other types of perpetrators Sex offenders are five times more likely than other violent offenders to commit another sex crime Sex offenders are five times more likely than other violent offenders to commit another sex crime Many states have enacted special legislation allowing confinement of selected sex offenders in secure treatment centers after they have finished serving their prison terms Many states have enacted special legislation allowing confinement of selected sex offenders in secure treatment centers after they have finished serving their prison terms –These laws have been upheld by the U.S. Supreme Court –The need to protect citizens from those who are likely to commit additional sex offenses outweighs the offender’s right to be free

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Offender Personality Types Power-reassurance Power-reassurance Power-assertive Power-assertive Anger-retaliatory Anger-retaliatory Sadistic Sadistic Opportunistic Opportunistic

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Investigative Procedures Victim interview Victim interview Medical procedures with the victim Medical procedures with the victim Process the crime scene Process the crime scene Collect evidence from the suspect Collect evidence from the suspect Suspect interview and interrogation Suspect interview and interrogation

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Victim Interview Attend to any immediate medical needs if the victim is injured Attend to any immediate medical needs if the victim is injured Get a description of the suspect and, if indicated, broadcast if the assault was recent Get a description of the suspect and, if indicated, broadcast if the assault was recent Question briefly to establish the criteria for the offense Question briefly to establish the criteria for the offense –Lack of consent –Amount of force –Sexual penetration –Extent and type of sexually deviant acts –Method of suspect operation before, during, and after the attack –Acquaintanceship between suspect and the victim –Detailed description of the suspect

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Interview Considerations Victim may be suffering from rape trauma syndrome Victim may be suffering from rape trauma syndrome Only trained personnel should conduct detailed victim interviews Only trained personnel should conduct detailed victim interviews Victims can have a wide variety of emotional responses Victims can have a wide variety of emotional responses Consider bringing in a female officer if the victim appears to be uncomfortable Consider bringing in a female officer if the victim appears to be uncomfortable Preprinted checklists of offender acts can be helpful Preprinted checklists of offender acts can be helpful The officer should show no signs of embarrassment The officer should show no signs of embarrassment

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Victim Medical Procedures Transport to ER or other medical facility as soon as possible Transport to ER or other medical facility as soon as possible –Treat for injury –Collect evidence Vaginal, oral, and anal swabs Vaginal, oral, and anal swabs Combing through pubic hair (hair samples also cut and plucked from the victim for comparison) Combing through pubic hair (hair samples also cut and plucked from the victim for comparison) Swabbing any area that may harbor DNA (breast, nipple, buttocks, etc.) Swabbing any area that may harbor DNA (breast, nipple, buttocks, etc.) DNA sample from victim (usually from oral swabs) DNA sample from victim (usually from oral swabs) Documenting injuries (in writing and by photographs) Documenting injuries (in writing and by photographs) Clothing must be collected (have a new set of the victim’s clothes brought to the hospital) Clothing must be collected (have a new set of the victim’s clothes brought to the hospital) Officers must seek the following prior to medical exam being performed Officers must seek the following prior to medical exam being performed –Medical release authorizing the exam –Information regarding last consensual sex

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Processing the Crime Scene Find evidence demonstrating lack of consent Find evidence demonstrating lack of consent –Indications of a struggle –Furniture broken or overturned –Ropes, tape, or other restraints –Phones disabled –Grass stained, soil-stained, or torn clothing Evidence of sexual activity Evidence of sexual activity –Semen stains –Bloody or other vaginal discharge –Discarded/abandoned clothing especially undergarments Search for latent prints Search for latent prints Note any missing personal items belonging to the victim Note any missing personal items belonging to the victim

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Evidence Collected Properly NOTE: Evidence that is collected properly can yield forensic evidence that can directly link the suspect to the victim. DNA Blood type Affirm the victim’s statement

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Obtaining Evidence from the Suspect If the suspected is arrested soon after the assault If the suspected is arrested soon after the assault –Conduct a thorough search incident to arrest –Seize All suspect clothing All suspect clothing Any victim “souvenirs” Any victim “souvenirs” Obtain consent or consider warrant for suspect “rape kit” medical examination that includes: Obtain consent or consider warrant for suspect “rape kit” medical examination that includes: –Combing through genital hair –Swabbing genitals –Obtaining DNA sample –Obtaining hair samples (cut and plucked)

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Suspect Interview Approximately 50% of suspects are not psychopathic and thus, experience guilt Approximately 50% of suspects are not psychopathic and thus, experience guilt Interview strategies include: Interview strategies include: –Emphasize to the suspect that he can relieve his inner feelings of wrongdoing –Obtain as much detail as possible –Appeal to the suspect’s ego –“Condemn” or “blame” the victim –Be friendly, non-judgmental, and make the suspect feel safe to disclose

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Juvenile Sexual Assaults 15% of all child abuse reports involve sexual abuse (405,000 cases) 15% of all child abuse reports involve sexual abuse (405,000 cases) 25% are substantiated through investigation resulting in nearly 100,000 criminal prosecutions 25% are substantiated through investigation resulting in nearly 100,000 criminal prosecutions It is widely believed that a significant number of cases are not reported ̶ for two reasons: It is widely believed that a significant number of cases are not reported ̶ for two reasons: –The crime has a sexual element that involves societal embarrassment and suspicion –May perpetrators of child sex crimes are well known to the victim

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Many Very Young Victims Females under 18 comprise 51% of all rapes reported to police Females under 18 comprise 51% of all rapes reported to police The younger the victim, the more likely the offender is an acquaintance or family member and the less likely it will be reported The younger the victim, the more likely the offender is an acquaintance or family member and the less likely it will be reported –96% were family members or acquaintances when the victim was a girl under 12 –20% of these attacks were perpetrated by the girl’s father

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Child Sexual Assault Offender Characteristics These offenders are commonly referred to as pedophiles These offenders are commonly referred to as pedophiles –Individuals who prefer to have sexual contact with children –Individuals whose sexual fantasies and erotic imagery focus on children They are typically significantly older than their victims and the offender is usually an adult They are typically significantly older than their victims and the offender is usually an adult Juvenile offenders are becoming more common Juvenile offenders are becoming more common The typical male offender The typical male offender –Begins molesting by age 15 –Molests an average of 117 children –99% of offenders are male (California study)

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Two Classifications Situational pedophiles Situational pedophiles –Not totally focused on children for the their sexual gratification –Their attacks tend not to be as continuous or numerous –This offender often has poor social coping skills Low self-esteem Low self-esteem Generally inadequate personality Generally inadequate personality The main reason for selecting a child is that they are readily available The main reason for selecting a child is that they are readily available Preferential pedophiles Preferential pedophiles –Have a definite, focused sexual preference for children –They are strongly attracted to and prefer children as sex objects –Very predatory –Use seduction on children to lure them Alcohol Alcohol Pornography Pornography Treats them as if they were older with privilege Treats them as if they were older with privilege

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Related Child Sex Crimes and Issues Amber alert Amber alert Incest Incest Sexual exploitation Sexual exploitation Online child sexual solicitation Online child sexual solicitation

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Other Sex Crimes Exhibitionism (indecent exposure) Exhibitionism (indecent exposure) Voyeurism Voyeurism Sadomasochism Sadomasochism –Sadism –Masochism –Bondage Fetishism Fetishism Adultery Adultery Public fornication Public fornication Lewd and lascivious behavior Lewd and lascivious behavior Prostitution Prostitution

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Review Questions 1. Define rape. 2. What is meant by statutory rape? 3. Define sexual intercourse. 4. How prevalent is sexual assault? 5. One study found that 8% of reported rapes were unfounded; discuss why someone would report a false rape. 6. List the five main steps of a sexual assault investigation. 7. List three different characteristics of sexual assault offenders. 8. Is recidivism high or low for this type of crime? 9. What is the purpose of the medical exam of a victim of sexual assault? 10. Name and define the two type of pedophiles.

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Student Questions