Chapter 9 Sex Offenses

Terms Voyeurism – window peeking; Peeping Tom Pedophile – a person who is sexually attracted to young children Sadist – a person who derives sexual gratification from causing pain to others

Classifications of Sex Offenses Bigamy Child molestation Incest Indecent exposure Prostitution Rape Sodomy

Sex Offenses Cunnilingus Fellatio Oral copulation Penetration Sadomasochistic abuse Sexually explicit conduct

Facts About Rape One out of every six U.S. Women has been the victim of an attempted or completed rape Most rapes occurred under the age of 18 Rape is predominantly committed by husbands, ex-husbands, cohabiting partners and boyfriends Women are the predominate victim

Rape Forcible rape – statutory intercourse against a person’s will by the use or threat of force Statutory Rape – sexual intercourse with a minor, with or without consent

Assumptions vs. Facts About Sexual Assault

Elements An act of sexual intercourse With a person other than a spouse Committed without the victim’s consent Against the victim’s will and by force

The Police Response 1.Announce yourself upon arrival at the scene 2.Explain to the victim what is being done for her safety 3.Call for an ambulance if necessary 4.Protect the crime scene and broadcast a description of the assailant 5.Establish a command post away from the scene 6.Conduct the preliminary investigation 7.Ascertain the background of the accuser and, if possible, the accused

Evidence Stained or torn clothing Scratches, bruises, or cuts Evidence of a struggle Semen and bloodstains

Interviewing the Rape Victim Attempt to establish rapport –Use sympathetic body language –Explain the necessity for asking sensitive questions Attempt to reinforce the victim’s emotional well being Find a private location Use open-ended questions

Behavior-oriented Interview 1.Carefully interview the victim about the rapist’s behavior 2.Analyze that behavior to ascertain the motivation underlying the assault 3.Compile a profile of the individual likely to have committed the crime

Methods of Approach Con-approach – the offender is initially friendly, charming, and dupes the victim Blitz approach – the offender directly physically assaults the victim Surprise approach – the offender hides in the back seat of a car, in shrubbery or behind a wall or waits until the victim is sleeping

Levels of Physical Force 1.Mere presence 2.Verbal threats 3.Display of a weapon 4.Use of physical force

Handling the Suspect Record any spontaneous statements made by the suspect Photograph the suspect Separate suspects if more than one present Remove the suspect from the scene as soon as possible

Interrogation Build rapport Ask the suspect to tell his side of the story from beginning to end –Don’t interrupt him Show interest in what he is saying and keep him talking “You tell me what happened and I will understand”

Applicable Evidence Law Testimony about the victim’s past sexual conduct is not admissible unless: 1.The victim has had prior sexual relations with the defendant 2.There is evidence of venereal disease or pregnancy resulting from the assault 3.Circumstances suggest that consent occurred within the calendar year 4.The victim has not told the truth or filed a false report

Kansas v. Hendricks The state may civilly commit to a mental hospital people who are likely to commit predatory acts of sexual violence dues to a mental abnormality or personality disorder. Kansas v. Crane added the limitation that there must be proof of an offender’s serious difficulty in controlling his behavior.

The Trilogy of Federal Statutes The Jacob Wetterling Act – requires state to establish registration systems for child molesters and other sexually violent offenders Megan’s Law – requires states to release any relevant information about registered sex offenders and allows disclosure of information collected under a state registration program The Pam Lyncher Act – directed the FBI to establish a national sex offender database