Chapter 19 SEX CRIMES Criminal Investigation: A Method for Reconstructing the Past, 7th Edition Criminal Investigation Chapter 19 SEX CRIMES Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES 1

Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation Sex Crimes UCR revised the definition of Rape in 2013 Many definitions/elements Sex crimes range from indecent exposure to forcible rape Mutual consent issues Children cannot consent Corpus Delicti Stalking/Cyberstalking Child Exploitation Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES

Copyright © 2014, Elsevier Inc. All Rights Reserved Definitions Issue of mutual consent Key defense contention Some acts involve full consent between parties, but are illegal in particular jurisdictions “acquaintance rape” / “date rape” Forcible rape or sodomy, coupled with murder Most serious sex connected crime from the perception of the public All rapes and serious sexual assaults must have a high priority in the investigative universe Frequently difficult to prove in a court of law, and offenders have gone free because of a lazy or sloppy investigation Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Corpus Delicti Legal definition of rape generally involves: Sexual penetration, however slight, of the victim’s vulva By a person or persons without the victim’s consent Or with a minor child Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Sex Crimes Sex crimes include other forms of aberrant behavior: Sexual assault Child abuse and molestation, also known as pedophilia Some forms of pornography Indecent exposure Incest Stalking Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Stalking Involves conduct that is directed at a specific person or persons, that seriously alarms, annoys, intimidates, or harasses the person(s), and that serves no legitimate purpose May involve telephone calls, notes or letters, confrontations, and following a person or persons Need to understand the reasons for stalking Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Types of Stalkers Psychopathic Personality Psychotic Personality Celebrity Lust “Hit Man” Love-Scorned Domestic Political Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation People Victims and Witnesses Interviews Preliminary Follow-up Interviewing Children Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES

Conducting the Investigation Criminal Investigation Conducting the Investigation Physical Evidence Goal of the crime scene search is: Link the victim and offender to the crime scene Establish that sexual relations took place Establish that coercion, fear, or force was used Establish the offender’s role or activity Records and Other Sources of Information Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES

Goal of Preliminary Interview A physical description of the offender or offenders The location or locations where the crime took place The identification of possible witnesses Specific actions of the offender that are volunteered by the victim Circumstances leading up to the attack Information on any weapon or vehicle that may have been used Specific info on the actual location of the assault Copyright © 2014, Elsevier Inc. All Rights Reserved

Categories of Witnesses Those who can testify that the offender was the victim Those who may be able to testify to specific acts Hostile witnesses may claim that the victim gave consent; others may be ashamed of what they saw and might not want to cooperate May lie to help a friend Copyright © 2014, Elsevier Inc. All Rights Reserved

Interviewing Children Assistance of trained professionals is necessary Offender is frequently known to the child Child should be allowed to explain in his or her own words Copyright © 2014, Elsevier Inc. All Rights Reserved

Records and Other Sources Sex offender record Sex offense may have been “crime of opportunity” Recognize similar cases There may be a specific motive known only to the perpetrator Rape is rarely associated with sexual gratification, more likely associated with need for power Nature of attack Location, time of day, actions, etc. Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation Profiling Offenders Based on the theory that an individual displays unique characteristics in Personality Crime scene behavior Method of operation Many are married and employed; not oversexed; not women-haters; IQ varies Psychological issues, but not psychotic Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES

Copyright © 2014, Elsevier Inc. All Rights Reserved Patterns Gang rape More than one assailant Elderly rape Offenders were young, white, single males Child rape Class-related Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Profiling Profiling aids a reasoned, systematic process for the investigation of rape and reduces the possibility of investigative error Possibility that the offender will strike again or that he has committed other crimes Unique characteristics Length of time Copyright © 2014, Elsevier Inc. All Rights Reserved

Hazelwood and Warren Study Study of 41 serial rapists 76% had been sexually abused as children 71% had been married at least once 54% had generally stable employment 52% scored above average on intelligence tests 51% had been in the armed forces 36% collected pornography Copyright © 2014, Elsevier Inc. All Rights Reserved

Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation Follow-Up Activities Objective, reasoned approach Sympathetic understanding of victim trauma Unemotional attitude toward suspect Explore all contentions (e.g., victim blaming) Obtain detailed information Cross-reference files Review of evidence Maintain quality records Preserve evidence carefully Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES

Copyright © 2014, Elsevier Inc. All Rights Reserved Criminal Investigation Conclusion Sex crime difficult to investigate Each case unique Communication abilities of investigators more important than gender Knowledge of elements of the crime, and techniques in interviewing and interrogation, critical Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 19: SEX CRIMES