1. Sexual Assault and Rape Chapter 12

2. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 2 OVERVIEW OF SEX CRIMES Sex crimes represent a broad classification of illegal behavior. Discussing sexual topics is a fairly sensitive and guarded area of conversation in most social settings, making what is already a difficult task more difficult. In serious sex crimes, the manner in which the investigation is conducted will have an effect on the victim’s psychological well- being. – Consequently, sex crime investigators need to be especially sensitive to the victims they interview and often seek avenues to increase their skills for work with such victims, such as attending seminars, taking specialized in-service courses, and undertaking specialized readings.

3. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 3 OVERVIEW OF SEX CRIMES Forcible rape is the only sex offense that is classified as an index crime. Rape is the least reported of all index crimes. The low rate of forcible rape in comparison with other index crimes does not diminish the violence of this act or the seriousness of this crime. Except for murder, no other crime generates more public concern and causes more personal devastation than forcible rape.

4. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 4 CLASSIFICATION OF SEX CRIMES Some people try to classify sex crimes on the basis of consent, or more precisely, mutual consent. – Mutual consent Willing participation by both parties in sexual acts. Even when there is mutual consent, a number of acts remain illegal. – For instance, in most jurisdictions, prostitution is illegal regardless of whether both parties consent or not. – Homosexual sexual encounters and even certain nontraditional sexual acts between heterosexuals, such as anal intercourse, are illegal in some jurisdictions.

5. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 5 CLASSIFICATION OF SEX CRIMES Sex crime – Any of an assortment of criminal violations related to sexual conduct.

6. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 6 LEGAL ELEMENTS OF THE CRIME OF RAPE Rape is usually classified as either forcible or statutory. Forcible rape – Sexual intercourse against a person’s will by use or threat of force. – For a charge of Forcible Rape the following conditions have occurred:  Sexual intercourse against a person’s will by use or threat of force, violence, duress, or fear of immediate bodily injury  Where a person is prevented from resisting by any intoxicating or anesthetic substance or any controlled substance  Where a person is at the time of the act unconscious or asleep  Where a person is incapable of giving legal consent because of a mental or developmental disorder or physical disability.

7. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 7 LEGAL ELEMENTS OF THE CRIME OF RAPE Statutory rape – Sexual intercourse with a minor, with or without the minor’s consent. The definition of a minor varies from state to state. Some states define a minor simply as someone under the age of 18. Others have more complex definitions, which may distinguish victims under 14 from those between 14 and 18 or may make a similar distinction between different consenting parties of different ages. – For example, a 14-year-old female with a 20-year-old male.

8. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 8 LEGAL ELEMENTS OF THE CRIME OF RAPE Although each state has its own statutes defining rape, all definitions share these corpus delicti elements: – An act of sexual intercourse or penetration of the victim’s vagina – Without consent from the victim – Against the victim’s will and by force, coercion, or duress Rape – An act of sexual intercourse, or penetration of the victim’s vagina, without consent from the victim and against the victim’s will by force, coercion, or duress.

9. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 9 LEGAL ELEMENTS OF THE CRIME OF RAPE Date rape – Forced sexual intercourse that occurs between friends or acquaintances or while a couple is on a date; also called acquaintance rape. Many victims develop an overwhelming feeling of guilt, shame, and worthlessness after a sexual assault. Some fear that their friends and relatives will blame them for the attack and will treat them differently. Others may have had a close relationship with their attacker, or may even be related, and fear that a charge of rape will create family problems. Some victims fear having to go to court and relive their sexual assault.

10. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 10 Rape-Murder Power Assertive Rape-Murder – Plans a series of activities leading up to the rape, but the murder is not part of this careful planning. – The murder is the result of increased aggression on the part of the rapist in his attempt to control the victim. Power Reassurance Rape-Murder – A planned single rape attack is followed by the murder of the victim. – Has an idealized seduction and conquest fantasy.

11. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 11 Rape-Murder Anger Retaliatory Rape-Murder – Typically plans a rape, and the murder involves overkill. – The murder itself is an anger venting, near cleansing act expressing some sort of symbolic revenge on the victim. Anger Excitation Rape-Murder – Enjoy inflicting pain and fear in their victims. – These attackers may torture their victims for prolonged periods of time; the various acts of torture energize the killer’s fantasies and temporarily satisfy his desire for domination and control over the victim.

12. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 12 INVESTIGATING SEX OFFENSES An investigator should attend to two tasks right away in a sex crime investigation. – Make sure that the victim receives any medical attention needed and that a physical examination is done to establish that a rape or sexual assault has occurred. – The Investigator must protect and preserve the crime scene and any evidence therein. – If a suspect is identified incident to or soon after an assault, the suspect’s clothing and any other physical evidence should also be secured.

13. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 13 INVESTIGATING SEX OFFENSES During the past several decades, many police departments have developed rape kits, which are usually housed in the emergency room of the local hospital. Rape kit – An evidence kit typically housed in hospital emergency rooms and used to secure physical evidence specimens in rape cases.

14. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 14 INVESTIGATING SEX OFFENSES As a matter of practice, the preliminary interview is usually undertaken by the responding officer. While the responding officer may not be female, the officer should be trained to handle preliminary interviews with victims of sexual assault. Preliminary interviews with victims should seek information about the attacker, where the assault occurred, and any relevant circumstances surrounding the offense.

15. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 15 INVESTIGATING SEX OFFENSES Frequently, preliminary interviews with sexual assault victims take place shortly after the actual assault. This means the trauma and feelings surrounding the attack are still very intense. If the victim claims she has been raped, the officer should assume that this is an accurate statement and proceed.

16. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 16 INVESTIGATING SEX OFFENSES If the victim is talking and describing the assault, it is advisable not to interrupt with questions but to allow the story to flow at the victim’s own pace. Good investigative techniques in sexual assault cases include careful word choices and questions. Avoid accusatory questions such as – Why did you go back to his apartment? – Why were you drinking so heavily?

17. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 17 INVESTIGATING SEX OFFENSES Certain essential pieces of information should be gathered during sex crime investigations. (See page 239 for list)

18. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 18 SEX CRIMES AGAINST CHILDREN Perhaps more heinous than the crime of rape is the crime of sexual assault against a child.

19. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 19 Categories of Sexual Assault against Children Child Molesting – Broad term encompassing any behavior motivated by an unnatural sexual interest in minor children. Many states have specific statutes defining this type of sexual offense.

20. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 20 Child Molesters Research suggests that certain characteristics can be associated with typical child molesters. – Mostly male with irregular employment histories and previous arrests. – Likely to be married – More likely than pedophiles to engage in intercourse with their victims. – When it is not a family member, the perpetrator is not likely to know the victim. – In family or incest cases, the victim may experience more severe forms of violence and aggression than in non-family cases. – Older victims suffer more brutal forms of abuse. – Overall more force is used during their offenses, and offenders may use substances such as alcohol to coerce their victims.

21. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 21 Categories of Sexual Assault against Children Pedophilia – An adult who is sexually attracted to children or performs sexual acts with children; usually a man with a female victim. Pedophiles are people who meet the following criteria: – Over a period of at least 6 months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving sexual activity with a prepubescent child or children (generally age 13 years or younger). – The person has acted on these sexual urges, or the sexual urges or fantasies caused marked distress or interpersonal difficulty. – The person is at least 16 years and at least 5 years older than the child or children in molested.

22. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 22 Categories of Sexual Assault against Children Sexual Seduction – Sexual intercourse, or other illegal sexual acts, between an adult and a willing minor child. Lewd and Lascivious Behavior with a Child – Touching any part of a child to arousal with a child appealing to or gratifying the sexual desires of either the child or the perpetrating adult. Indecent Exposure – Exhibiting the private parts of one’s body in a lewd or indecent manner to the sight of others in a public place.

23. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 23 Categories of Sexual Assault against Children Contributing to the Delinquency of a Minor – An act or omission that contributes to making or tends to make a child delinquent. Incest – Sexual acts, usually intercourse, between persons who are so closely related that their marriage is illegal or forbidden by custom.

24. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 24 Investigating Sex Crimes against Children Most states have a Megan’s Law website that provides information on where registered child molesters live. Go to www.megans-law.net and click on your state to see what information is available about child molesters residing in your neighborhood.

25. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 25 Investigating Sex Crimes against Children Police agencies cooperate with the local social service agencies to investigate potential crimes against children. Under welfare regulations and codes, an investigating officer or welfare agent is empowered to place a child in temporary custody, even without a court order, if there is an apparent emergency or if the officer believes the child would be in imminent danger if left in the situation. This power is provided for in the law for the protection and welfare of children at risk.

26. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 26 Multidisciplinary Approach Child sexual abuse is difficult to investigate and even more difficult to prosecute for a number of reasons. Police and social service agencies need to work in concert and form multidisciplinary teams. These investigations require the combined talents of police departments, social welfare agencies, and the prosecutor’s office.

27. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 27 Multidisciplinary Approach The multidisciplinary approach to investigating child sexual abuse cases offers a way to streamline and coordinate prosecution. Furthermore, it tends to reduce the secondary harm and anguish caused by the prosecution of such cases.

28. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 28 Interviewing Child Victims Although interviewing any victim of a sexual assault requires care and concern, interviewing a child victim requires even greater sensitivity.

29. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 29 Interviewing Child Victims Children who have been severely brutalized may not be able to provide much information. It is difficult to predict the quantity or quality of information that may be offered by very young children. – It is important, therefore, that the investigator carefully consider when and how to interview the child.

30. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 30 Interviewing Child Victims Stages of Child Development See Figure 12.4 – Infancy (birth to 2 years old) – Early childhood (2 to 4 years old) – Preschool age (4 to 6 years old) – School age (6 to 11 years old) – Adolescence (12 to 18 years old) A number of police agencies and courts have made active use of anatomical dolls in interviews with child sexual abuse victims.

31. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 31 Interviewing Child Victims Anatomical dolls – Dolls or puppets with sex-appropriate genitalia, used in interviews with suspected child victims of sexual abuse or assault. – Research has shown that children who have been subjected to sexual abuse react differently to anatomical dolls than do children who have not had these experiences.

32. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 32 Interviewing Child Victims The Office for Victims of Crime (OVC, 2000), a component of the Office of Justice Programs, has produced a handbook to assist police officers working with vulnerable populations such as children who are victims of crime.

33. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 33 Interviewing Child Victims A number of things may affect the information provided by children: – The closeness of the child’s relationship with the offender. – The duration of the sexual abuse (whether it went on for a long period or was a sudden attack). – The amount of violence or threat of violence associated with the assault or assaults. – The age and understanding (general developmental level) of the child. – The child’s ability to read, write, count, and tell a story. – Knowledge and understanding of names for body parts. – Knowledge and understanding of sexual behaviors. – The child’s recent sleep and behavior patterns (moodiness, fighting, night frights, and so on).