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Sexual Assault Myths (obj 1): Most Sexual assaults and rapes are committed by strangers
8 out of 10 rapes are committed by someone known by the victim
the police are more likely to be notified of sexual assaults that are committed by strangers than by someone the victim knows
Sexual Assault Myths (obj 1): Many rape and sexual assault accusations against people known by the survivor are false
research shows that only a small percentage of sexual assault complaints are false
Sexual Assault Myths (obj 1): Rape only happens to certain types of women
this attitude blames the survivor
all individuals regardless of race, age, gender, ability or social economics can be survivors of sexual assault
Sexual Assault Myths (obj 1): A husband cannot rape his wife and sexual assault cannot occur if the couple is in an ongoing intimate relationship
not true
Sexual Assault Myths (obj 1): Most sexual assaults are usually unplanned and spontaneous crimes of opportunity
stalking, monitoring and surveillance are often precursors to sexual assault
suspects target, test and groom their victims
Sexual Assault Myths (obj 1): The survivor has to fight back or attempt to stop the act for it to be a sexual assault and rape
false
Reasons for underreporting (obj 2)
1. shame or guilt
2. fear of being blamed for the assault
3. fear of not being believed by family, friends or LE
4. desire to forget the assault ever happened
5. survivors knew their assailant, they are related to them or closely acquainted with the assailant
6. survivors are intimidated by the assailant's position, power or social status
7. fear of retaliation by family, friends or the offender
8. fear the offender will not be held accountable
9. fear of social embarrassment or alienation
10. religious concerns
Physical Survivor reactions to sexual assault (obj 3)
1. changes in sleep patterns and appetite
2. easily startled by noises or unexpected touch
3. concerns about physical safety
4. physical injury
5. concerns about pregnancy or contracting an STI or HIV
Emotional Survivor reactions to sexual assault (obj 3)
1. shock or disbelief
2. fear or distrust
3. guilt, shame and self-blame
4. embarrassment
5. sadness
6. vulnerability
7. isolation
8. lack of control
9. anger
10. numbness
11. confusion
12. denial
Common Sex offender traits (obj 4)
1. the majority of rapists are serial offenders
-average of 7-11 victims
2. most adults to assault adults are acquaintance or in positions of trust, control or authority
3. common sex offenders against children include family, friends, caregivers, and coaches
4. anticipated defenses of denial and consent
5. commonly stalks, monitors and surveils survivors before committing the crime
-the offender chooses the time and place that prevents apprehension or isolates the survivor
6. rarely use weapons and rarely use physical force, but rely on verbal threats, intimidation and exploitation of a survivor's vulnerabilities
7. confident in ability to deceive and effective at being untruthful
8. subtly undermines the survivors credibility (accuses drug use, promiscuity, or prior false allegations)
9. takes steps to establish their credibility and convince others they are not capable of committing the crimes
RESPECT (obj 5): Make the scene safe
first impressions made by LEO can impact a survivors confidence, trust willingness to cooperate in the investigation
1. SA cases can be related to other cases including DV, child abuse and human trafficking
2. many SA reports are made when the survivor is in a safe place or has confided in a trusted 3rd party who reports the crime
-allow survivor to determine the location, time, and date where the initial report is made to LE
3. help survivors feel physically and emotionally safe and protect their privacy
-commend the survivor for reporting the crime and comfort them throughout the process
4. delayed survivors reporting is common bc of threats, coercion and other actions that deter the victim from reporting
-reports can be made at any time
-reasons should be documented
RESPECT (obj 5): Provide emergency care
1. make contact w/ the victim asap to address safety concerns and summon EMS if needed
2. responding LEO should not only encourage medical care but also provide community resources available for the victim to seek mental health treatment
3. NCGS 143B-1200 provides for a free forensic medical examination to rape and sexual assault victims
-evidence from the medical forensic exam can normally be collected up to 120 hours (5 days) after the assault
4. explain to survivors that SANE will ask to collect all clothing worn during or immediately after the sexual assault, make arrangements to have a change of clothes brough to the hospital in cases where clothes are collected as evidence
RESPECT (obj 5): Separate actual and potential witnesses
separate all parties
survivor can have a friend w/ them but if the friend is a witness they must be separated
RESPECT (obj 5): Protect the crime scene
evidence can be found on the survivor, on the suspect and at the crime scene
ID locations of the first contact between the survivor, the suspect and where the primary assault occurred
encourage survivors to refrain from washing or cleaning any portion of their body
photograph and diagram the entire crime scene
RESPECT (obj 5): Collect Evidence
the timely collection of evidence is the single most useful tool in prosecuting sexual assault crimes
delays between the assault and reporting to LE can impact the type, amount and quality of physical evidence recovered
DNA, trace, clothing, injuries, testimony
Evidence (obj 5): DNA
body
clothing
condoms
blankets
pillows
bottles/cans
-that may contain blood, sweat, tissue, saliva, hair and urine
SANE will use a SA kit to collect DNA from victim
Evidence (obj 5): Buccal Swab
DNA from inside mouth
wear gloves and a mask
1. check the swab kit to make sure it is identified as sterile and is not damaged
2. open kit from the handle end to avoid contamination
3. use the swap tip and rub cheek, upper/lower teeth for 8-10 seconds while mouth is open
4. air dry sample before packaging it in a paper container
-dont use plastic
5. use a ballpoint pen to ID the package
Evidence (obj 5): Clothing and linens
1. DNA or trace evidence
2. if the suspect has changed clothes the LEO will need consent, warrant, PC or exigent circumstances to obtain clothing worn during the crime
3. if victim doesnt want a medical exam ask them for their clothes
4. avoid contaminating clothing or linen
5. use paper bags, manila envelopes, cardboard boxes, and other porous materials to collect dry clothing
6. dont put suspect and victims clothing in the same bag
7. store in a moisture-free environment
Evidence (obj 5): Weapons or restraints
ID and collect weapons used by the suspect to commit the crime
includes traditional weapons and what was used to restrain
not uncommon for offenders to use the victims clothing as restraints
Evidence (obj 5): Injury evidence
should be documented by a SANE during exam
1. ID injury type, size and specific locations on the survivor and suspect
2. ID offensive vs defensive injury patterns
3. doc when and where treatment was provided and include any refusal of treatment
4. photo non-genital injuries on survivors
s/s of SA injury for elderly and children (obj 5)
1. difficulty walking or sitting
2. pain or itching in the genital area
3. unexplained STI or genital infections
4. bruises around the breasts, inner thighs or genital areas
5. unexplained vaginal or anal bleeding
6. torn, stained or bloody underclothing
Evidence (obj 5): controlled substance evidence
90% of rapes committed by an acquaintance of the survivor involves alcohol
43% involve victim drinking
69% involve offender drinking
offenders use alc and drugs to lessen survivor inhibition, lower or impair resistance and cloud memory
drugs can be colorless and odorless
-starts in 30 mins
-exits system in 12-72 hours
YOU NEED TO GET THE FIRST URINE SAMPLE
can make people drink too much you dont have to drug them
drug facilitated SA s/s
1. may appear hungover
2. memory loss
3. dizziness
4. confusion
5. drowsiness
6. slurred speech
7. impaired motor skills
8. impaired judgment
9. reduced inhibition
10. general uncertainty as to whether or not an assault occurred
Evidence (obj 5): digital evidence
social media, dating apps, texts, and hidden video
document monitoring, surveillance, targeting, stalking and grooming
1. communicating, luring, and coordinating face to face meetings
2. sending unwanted electronic messages or sexual images
3. uses GPS to pinpoint survivor location
4. posting threats and rumors about or pics of survivor to harass or intimidate
Survivor testimony
1st responder should conduct a preliminary interview gathering just enough info to determine the elements of a crime have been met and by whom
dont edit victims statement, leave it how they say it
any follow ups should be left to an investigator
allowing survivors to decide the interview location, time, and who to have present (friend/family) can help them regain confidence and a sense of control
true accommodate these requests when possible
if survivor is unsure or unwilling to pursue a complain or file a report, respect their wishes and explain that they still have the right to do so later
true
for child victims, gather basic and preliminary info from the reporting party, family members or witnesses
true
Rapport Building
attempt to keep the victim as calm as possible and offer reassurance that they are safe
validate their feelings
clearly explain the process
allow survivors to tell their whole story w/o interruption
ID suspect
ID relationship to the suspect
common signs of sexual assault or abuse against persons w/ disabilities
1. presence of new or unexplained fears
2. change in sleep patterns
3. change in eating patterns
4. changes in behavior
5. new sexual knowledge
male victims
1 in 38 men experience a completed or attempted rape
denial shame, withdrawal and social isolation bc they weren't strong enough to defend themselves
elderly victims
1. offenders are frequently known by the older person and considered by others to be in a position of trust, control, authority
2. elder survivors may fear retaliation from the abuser
3. may not want to report bc they dont want the abuser to get in trouble
witness testimony
survivors usually talk to a friend before going to the police
1. observations made before, during or after the sexual assault
2. survivors day to day behavior or emotional stability before the assault and any changes after the assault
3. survivor and suspect interactions to include how they came into contact
4. statements made by the survivor or suspect before or after the assault
5. dont ask the witness if they believe a sexual assault occured
1st degree Forcible Rape (obj 6)
Class B1 felony under NCGS 14-27.21
elements
a. has vaginal intercourse
b. with a person
c. by force and
d. against that person's will and
e. the defendant does any of the following
1. uses or threatens to use or displays a deadly weapon or what the victim thinks is a deadly weapon
2. inflicts serious injury on victim
3. inflicts serious injury on another person
4. is aided and abetted by one or more people
vaginal intercourse
the penetration of the female sex organ by the male sex organ
doesnt need to be vagina, can also be the vulva or labia
proof of erection and ejaculation not needed
against the will of another person
without consent of another person or after consent is revoked by another person
21 y/o man forces a 19 y/o woman to have vaginal intercourse at knife point
1st degree forcible rape
2nd Degree Forcible Rape (obj 6)
Class C felony under NCGS 14-27.22
elements
a. has vaginal intercourse
b. with a person
c. and the intercourse is by force against the persons will or with a person who is
1. mentally disabled
2. mentally incapacitated or
3. physically helpless
d. the defendant knew or should have known the person was mentally disabled, mentally incapacitated or physically helpless
mentally incapacitated
means that some act has been committed on the survivor that leaves the survivor incapable of appraising the nature of the conduct or resisting the act
physically helpless
means the victim is unconscious or physically unable to resist the act or communicate an unwillingness to submit
drinking too much on a first date where no prior sexual relationship exists qualifies
a 21 y/o male forces a 19 y/o female to have vaginal intercourse with him on their first date
2nd degree forcible rape
25 y/o male puts GHB in a 24 y/o female's drink and becomes impaired and unable to resists or deny consent
male has vaginal intercourse with her
2nd degree forcible rape
First Degree Forcible Sex Offense (obj 6)
Class B1 felony under NCGS 14-27.26
elements
a. engages in a sexual act other than vaginal intercourse
b. with a person
c. by force and
d. against that person's will and
e. the defendant does any of the following
1. uses or threatens to use or displays a deadly weapon or what the victim thinks is a deadly weapon
2. inflicts serious injury on victim
3. inflicts serious injury on another person
4. is aided and abetted by one or more people
Second Degree Forcible Sex Offense (obj 6)
Class C felony under NCGS 14-27.27
elements
a. engages in a sexual act other than vaginal intercourse
b. with a person
c. and the intercourse is by force against the persons will or with a person who is
1. mentally disabled
2. mentally incapacitated or
3. physically helpless
d. the defendant knew or should have known the person was mentally disabled, mentally incapacitated or physically helpless
Sexual Battery (obj 6)
Class A1 misdemeanor under NCGS 14-27.33
elements
a. for the purpose of sexual arousal, sexual gratification, or sexual abuse
b. engages in sexual contact w/ another person
1. by force and against the will of another person or
2. the person is
-mentally disabled or
-mentally incapacitated or
-physically helpless and
-the defendant knows or should know
First Degree Statutory Rape (obj 6)
Class B1 felony under NCGS 14-27.24
elements
a. has vaginal intercourse
b. with a child under the age of 13
c. who is at least 4 years younger than the defendant and
d. the defendant is at least 12 y/o
consent is not a defense
Statutory Rape of a Child by an Adult (obj 6)
Class B1 felony under NCGS 14-27.23
elements
a. has vaginal intercourse
b. with a child under the age of 13 and
c. the defendant is at least 18+
Statutory Rape of a person 15 or younger by a defendant who is at lease 12 and at least 6 years older than the victim (obj 6)
Class B1 felony under NCGS 14-27.25
elements
a. has vaginal intercourse
b. with a child who is 15 or younger and
c. the defendant is at least 12 and 6 years older than victim
class c is more than 4 years older but less than 6
First Degree Statutory Sexual Offense (obj 6)
Class B1 felony under NCGS 14-27.29
elements
a. engage in a sexual act other than vaginal intercourse
b. with a child under 13 years old
c. who is at least four years younger than the defendant and
d. the defendant is at least 12
Statutory Sexual Offense with a Child by an Adult
Class B1 felony under NCGS 14-27.28
elements
a. engages in a sexual act other than vaginal intercourse
b. with a child under 13
c. the defendant is older than 18
Statutory Sexual Offense of a person 15 or Younger (obj 6)
Class B1 felony under NCGS 14-27.30
elements
a. engages in a sexual act other than vaginal intercourse
b. with a child who is 15 or younger
c. the defendant is at least 12 and at least 6 years older than the victim
d. the defendant is not married to the victim
Indecent Liberties with a Child (obj 6)
Class F felony under NCGS 14-202.1
elements
a. a person who is at least 16
b. for the purpose of arousing or gratifying sexual desire
c. willfully takes or attempts to take an indecent liberty with, engages or
d. willfully commits or attempts to commit a lewd or lascivious act upon the body or any member of the body
e. of a child under 16
f. the child if 5 years younger than the defendant