Sex, Justice, Crimes

Rapere

• [Latin] To seize, to kidnap

  • Established in some cultures as acceptable

  • Used to enforce oppression and racism

  • Wartime

Women as property

• Father/male relative owned

• Traded off for marriage to husband

• Damaging/abusing a woman = damaging father/male relative’s property

Old Testament

Religious/Judiasim/Christian punishments for rape

• If a woman is raped in the countryside:

  • No one heard her scream, she is deemed innocent

  • Man must die

• Unpledged virgin

  • 50 silver pieces to father

  • Must marry and never divorce raped girl

Ancient punishment depended on:

1. Social status of the abuser and abused

2. Resistance/consent

3. Location

4. Engaged/married to another

   • Damaged goods

Virgin rape

• Believed virgins have power

  • Sacrficed to the gods

  • Others were kept as virgins (no sex) OR believed that they can cure diseases if you sleep with one

Wartime

• Bride capture: capturing women as spoils of war

• Socially acceptable…until recently

1. Rome (captured women for repopulating new citizens)

2. Troy (Agamemnon, Achilles, Cassandra, Briseis)

3. Ottoman Empire

4. 19th century America (Natives)

5. WW2

   • Japan (Comfort women)

   • US (Against women of axis powers)

   • Germany (against french)

6. Vietnam

7. Gulf war

Geneva Convention

(1949/1950): The first time war rape was considered war crimes

1. Wounded + sick soldiers

   • You cannot attack or kill or weaponize dead/dying soldiers

2. Wounded + shipwrecked

   • Addressed loophole of first

     • You cannot kill mariners who jumped on lifeboats

3. POW

   • Need to feed and take care of POWs

   • Cannot kill, starve, torture POWs

4. Civilians

   • RAPE, forced prostitution —> illegalized

Chivalry

• Only between wealthy class members

  • Rape/assault for lower class women: ok

Greece, Rome, Italy

Greece/Rome:

• free reign for wealthy people

Italy:

• Committed 40% - 50% of the rape

Early English Law

1. Immunity: You cannot prosecute a husband for marital rape

2. Upmost Resistance: Need to show proof you fought back (PHYSICAL SIGNS ONLY: bloody knuckles, broken teeth, etc.)

3. Fresh complaint rule: Report ASAP, if not, if shows you didn’t prioritize it, and therefore, it is not important

Colonial New England

Harsh, draconic + religious:

• Rape, asssault, adultery = death

South of US

1960: Civil Rights Movement

• Informal and formal end of English law

• Rape Trauma Syndrome

  • PTSD from incident

1970’s

• State statutes began to change

• Rape Shield Law

  • Prevents humiliation of victims in courts

Sodomy

Non-procreative sex: masturbation, oral, anal

Sodomy in NJ (1704)

Sodomy, under British law, is decreed legal in NJ

Sodomy in NJ (1796)

NJ Sodomy Law

• Declared “crimes against nature,” even if it was consensual

Sodomy in NJ (1846)

21 years of intense labor and prison

Sodomy in NJ (1884)

Indecent exposure = crime

• Even if it wasn’t public (ex: someone saw you dressing in your own house) —> prison

Sodomy in NJ (1898)

You can legally kill people if you catch them committing sodomy

Sodomy in NJ (1923)

• Sodomy = discrimination against homosexuality

Sodomy in NJ (1953)

Married couples can privately have oral sex

Sodomy in NJ (1957)

Married couple can use marital status to protect themselves against anti-sodomy laws

Sodomy in NJ (1960)

Laws become loose around different sex couples, even for unmarried ones

Sodomy in NJ (1976)

Two men aquitted after being arrested for sodomy

Sodomy in NJ (1978)

ABOLISHED EVERY ANTI-SODOMY LAWS

• 2nd state to do so

Sodomy in NJ (2003)

Supreme Court officially abolished anti-sodomy laws everywhere in the country

Exhibitionism

• Flashing people, streaking, exposure, public lewdness

• CRIME

• Evidence:

  • Footage, street cam, etc.

Frotteurism

• Rubbing/touching someone without their consent

• Happens mostly in crowded places

• Evidence:

  • Hard to get unless recorded, OCCASSIONALY biological evidence

Voyeurism

• Taking pictures or watching people undress or partake in sexual acts

  • By law, you ARE allowed to take pictures without permission as long as you are not on someone’s property OR if they have inappropiate pics of children

Fetishism

• Having sexual attraction to inanimate objects

  • Shoes are most popular

  • NOT A CRIME (in itself)

Masochism

• Sexual gratification from recieving pain

  • Not illegal

  • Maybe if you’re paying for it in some areas (prostitution)

Autoerotic Asphyxiation

Getting sexually gratification by choking yourself

• Using rope/cord

• Can easily used to hide homicide

Sadism

Sexual gratification by harming someone/inflicting pain

• Legal in SOME places with consent (BDSM clubs, partner)

• One of the most dangerous types of rapes/assault, commonly associated with the worst of the worst

Pedophilia

Attracted to kids

Necrophilia

Attraction to dead bodies

• Illegal —> misdemeanor

TYPES of NECROPHILIA

• Roleplaying

  • Legal with consent

  • Rarely transgresses into crime

• Regular

  • Hospital workers, morgues, funeral homes

  • Having access, but not causing the death of bodies

• Homicidal

  • Killing/causing death of person and laying with body

Bestiality

Having s** with animals

• Dogs and horses are most popular

• Misdemenor

Possible causes of rape: Early Theories (internal/external factors)

• Internal factors

  • Overpowered/having no control over impulsive behavior

• External factors

  • Victim-blaming

    • smiling, drinking, type of outfit, etc.

Possible causes of rape: social learning

• Modelling

  • Copying rape from media or family

• Linking sex with violence

• Belief of rape myths

• Desensitized

Biological

• Hormone levels (too much testastrone)

  • Older theory

  • Natural of mutation causing physical inability to control oneself

• Evolution study

  • Rapist committing sex crimes —> procreation

  • We are naturally inclined to reproduce

Psychological/Attachment theory

Family dysfunction, personality

Poor understanding of normal human bonds due to isolation + family/environment issues

• Social cues: girl smiles at you = she wants sex

Feminist Theory

• Men committing crimes on women for dominance and control

  • Sex = weapon

  • Dominance control over gratification

Behavioral theory

• Inhibiators

  • Lack of empathy or guilt

• Fantasies

  • Intense

• Developmental issues

Cognitive Theory

Justifying your actions

• Seeing children/others as sexual objects

  • “I know they enjoyed it”

• Dangerous world: this world sucks, deal with it

• Control

Psychosocial Theory

• External factors/influence

  • Manuplating ppl/events to have sex

  • Misreading social cues

INTEGRATED THEORY

1. Motivation

   • Having the motive to carry out/attempt to have s*x with a child

2. Internal

   • Overcoming sense of remorse + guilt + empathy

3. External

   • Getting rid of external obstacles/protector

     • Parents, gaurdians, police, etc

     • Security cams

     • Pedophiles are some of the MOST PATIENT ppl

4. Child’s inhabitation

   • Ensuring child does not tell anyone

Criminalistics vs. Criminology

• Criminalistics

  • Physical evidence: DNA, fingerprints, etc.

• Criminology

  • Profiling, theories, social aspects

Crime scene

• Location

  • Bodily fluids: Anything out of place

    • Blood, other fluids

      • Male suspect/victim house: vaginal fluids

      • Female suspect/victim house: semen fluids

  • Victim’s body

  • Suspect’s body (evidence of victim)

Forensic Evidence

1. Biological (VERY IMPORTANT)

   • DNA

   • Fingerprints

   • Body fluids, etc

2. Trace

   • Fibers from clothes, hair, fingerprints, bite marks, nail imprints

3. Recorded

4. Eyewitnesses

   • Least reliable (falsifying, incorrect)

DNA

1. WHERE

   • Anywhere on body, crime scene

2. LONGETIVITY

   • Few hours to years

3. RUIN

   • Sunlight

   • Mold

   • Bacteria

   • Chemicals (bleach)

   • Rain, weather, etc

Sexual Assault Exam

• Free

• Provides evidence for investigation

• Time to decide for report + charges (after evidence is collected, doesn’t mean it’s immediately a charge against suspect)

• Increases likelihood of prosecution

Health (extra services)

• Injury/treatment

• Mental counselling

• Pregnancy, STI’s/STD’s

Who Should Collect

1. SANE/SAFE

   • Sexual Assault Nurse Examiners

   • Sexual Assault Forensic Examiners

   • Part-time nurses, crime workers

2. SAME

   • Sexual Assault Medical Examiners

     • Tests deceased bodies

THE KIT

• Chain of custody (who got who when)

  • Fill out on paper on box

• Re-trauma

  1. Paper info, forms, tips, etc.

  2. Medical history

  3. Anatomical diagrams

  4. Blood samples

  5. Oral swabs (oral sex)

  6. Buccal swabs (control, for DNA comparison)

  7. Clothing

  8. Underwear

  9. Debris (leaves, grass, dust, etc.)

  10. Dried secretion

  11. Fingernail scrapings

  12. Pull victims hair out (control DNA)

  13. Head hair combing (loose hair)

  14. Pubic hair combing

  15. Plucked pubic hair

  16. Anal awabs

  17. Vaginal/penile swabs

FINAL: Orange sticker seal, otherwise evidence gets thrown out

Time duration + allowances

1. Takes about 3 hours

2. Family + friends not recommended (suspect could be one of them, too many emotions)

3. Breaks allowed

4. ½ of NYC kits came back negative

   • Too much time lost

   • No traces due to condom usage

AVOID

• Showering/bathing

  • Often new tactic for rapists (along w condom)

• Using restroom

• Combing hair

• Changing clothes

• Cleaning up the area

Mandatory reporting for minors

Must be reported to law enforcement

72 Hour Rule

• All biological evidence will disappear

• Afterwards: clothes (whatever is left)

• Child victim:

  • Exemption: regardless of time, they are immediately going to hospital

  • No conception of time

Law enforcement info

• Victim

  • Identity/describe suspect

  • Location of crime

  • Details

  • Indentify/describe other witnesses

• Suspect

  • Alibi facts/witnesses

  • Excuse/justification (they smiled at me…i didn’t know that was assault)

  • Admission/confession

Pretext phone call

• Follow state law (NY ok, NJ no)

• Script based (between victim + suspect)

  • Admission

Criminal Paternity Testing

• Sex crimes lead to pregnancy

• Swab mom or baby or aborted fetus to find dad’s DNA

DNA databases

1. Local DNA Index System

   • Big cities (LA, SF, etc.)

2. State

   • Every state has one

3. National

   • Interstate crimes

   • HQ: Quantico, VA USA

4. CODIS

   • FBI

   • Since 2000

   • ALL rapist DNA who were incarcerated/convicted/arrested

   • Initially sex crimes, now any crime involving DNA

   • about 20 million profiles

RAINN

• Rape, Abuse, Incest, National Network

  • Non-profit sexual assault victim support group associated with DNA databank

NJ statue of limitation

None (NYC = 5 years [formerly])

Crime scene tool

• Alt light source (bluelight)

  • Shows fluorescents + biological stains

  • Filtered out with orange goggles

  • Bacteria makes stains glow, bodily fluids 100% attract bacteria

  • Hard to differentiate stains, so it gets collected and sent to lab

  • Old fashioned: eyeballing or feeling around (yuck)

Backlogging

• 85% of crime labs have backlogs

• Shelved kits that has not been tested yet

• NIJ (national institute of justice): 30 days for kit to be considered backlogged

• Ave of 90 days (kit untouched)

Harm of backlogging

• Survivor

  • Anxieties, trauma

  • Possible danger

• unable to identify correct suspect

• Public safety (serial rapists)

• Community confidence

  • Ex: if it happened at the verve the residences will feel deeply afraid

• Agency morale

  • Toll on investigators and integrity of department

Harm of backlogging (reasons)

• New technology

  • Too many DNA samples to keep up due to technology efficiency

• New laws with the database

• Not enough scientists + investigators (no good pay or funding)

• Not enough space

• Not enough equipment

Backlogging stats

Detroit: 11,000

Texas: 20,000

LAPD: 5,000

FBI: 300,000

VICTIMOLOGY

• Physical, emotional, financial harm

• Psychological effects

• Focuses on the victims and what they go through

• Undeserved/overlooked communities

• Mishandling and misconceptions

Level of victims

1. Primary

   • The actual person

2. Secondary

   • Friends, family, close individuals

3. Tertiary

   • Never met/unrelated to victim, trauma from viewing, learning, or hearing

Victimology Theory

Conditions necessary for assault to happen (what was the perpretator looking for)

1. Physical traits

2. Martial status

3. Personal lifestyle

4. Occupation

5. Education

6. Medical history

7. Arrest record

8. Last known activities

9. Route of travel

10. Drug + alchohol history

11. Friends + family

12. Employment

Levels of risk

• Low

  • Living w ppl, security, keeping curfew, etc.

• Moderate

  • Drugs alcohol, partying, lack of security, etc.

• High

  • Dealing w drugs, sex, addiction, etc.

    • 85% of prostitutes got assaulted/rape

MODES OF ATTACK

1. Trick

   • plan, survey, wait

2. Surprise

   • Ambush

3. Incapitate

   • Drugging victim

Children

Most child rapists commit 160 rapes before getting caught for the first time

• Testifying (no one wants to testify on behalf of minor)

• Lack of support

• Lack of evidence

• Compliancy (out of fear or manipulation)

Victim Services

Common responses from child:

• Confusion

• Self-blame

• Betrayal (From adults around them)

• Powerlessness

Children’s lack of disclosure

• Working with gaurdian (who is suspect)

• Preparing child for court

• Language barriers

• Reluctance (black and POC communities having fear)

• Victim blaming

Victim community (most likely not report)

• Foreign born

• Queer communities

• Homelessness

• Male victims

• Elderly

• Physical/mental impairment

• Drug users

• Prostitutes

Closed communities

• Rural

• Limited public access

  • Indian reservations

  • Military bases

  • Campuses (CORNELL COUGHHHH)

Fixated offenders

Only attracted to children

Regressed offenders

You were normal, but not anymore

SANDUSKY

Bio:

• Famous dad (Alex Sandusky) in the sports industry

• No signs of childhood abuse/trauma

• Alumni of Penn state

• Married, no bio child

• Adopted 6, fostered many

  • Matt Sandusky, his adopted son, claimed his father molested him

The 2nd Mile

• 1977

• Non-profit charity serving Penn underprivledged and at-risk youth

• Praised

• 1998: Mother and son claim molestation to campus police

  • 3 yr investigation

  • President of Penn State (Graham Spanier) and Head Coach Paterno investigated

• 2002

  • Assistant Coach caught Sandusky raping 10 yr old boy

  • reported to head coach

  • Nothing happened

• 2011

  • Arrested him

  • Retired, allowed a pension

SANDUSKY methods

• Presented as a father-figure appearance + heroic figure

• Targeted struggling families

• Brought boys to fun games/VIP events

• Showered them with compliments and gifts

• Kids Paradise: games, TV, etc.

• Access to school + taking kids out of class

• Resistance = aggression

  • 100 phone calls

  • Intimidation

  • Stalking

• Why kids didn’t talk

  • Embarrassment, shame

  • Abuser protected by children’s school

SANDUSKY Sentence

• at age 68

• 60 yrs in prison —> 2042 earliest release date

• 30 yrs of abuse total

CRIMINAL PROFLING

Inferring behavior and characteristics of a suspect based on what is focused at the crime scene

• Age

• Lifestyle

• Personality

• Social environment

• Victimology

CRIMINAL PROFLING (questions to ask)

1. Do criminals share certain characteristics

2. Does a way a person think guide their behavior

3. Can we use this to narrow the field of suspects

Profilers

• Examine evidence from crime scene

• Speak with victims and witnesses

• Psychopathology: study of mental illnesses

• Demographics

Profilers (Steps)

STEPS:

• Interviewing

• Evaluation

• Administer

• Presentation to court

Profilers (Case types)

Case types:

• SA

• Arson (california)

• Bombing

• Serial murders

• Cybercrimes

• Terrorism

Advancement

• Using modern technology and databases

• Link cases and evidence that may have been previously overlooked

• More reliable standard of evidence-based profiling

• Use of forensic science to better understand and analyze phycological, behavioral, and other angles

Investigative Phase

1. Input (collecting)

2. Assessment

3. Criminal Profile

4. Reduce the suspect list

5. Develop investigative leads

6. Apprehension

INPUT

• Collecting evidence

  • Placement of victim

  • Body position

  • Blood patterns

  • Surroundings

    • Beer cans, dark places, etc.

• History of the Victim (victimology)

  – Employment

  – Social habit

  – Interests

• Autopsy

Assessment

Motivation

– Premeditated or impulse

▪ Method of Operation

• Ex: hiding face = suspect and victim know each other

▪ Signature

– Repeating habit at the scene

Decision Process

• Classify the Crime

• Determine Motives

▪ Victim Risk Level

▪ Suspect Risk Level

INFO (criminal profile)

• Age

▪ Race

▪ Sex

▪ Education level

▪ Marital status

▪ Family

▪ Physical Characteristics

▪ Habits

▪ Vehicle

▪ Values and Beliefs

▪ Psychopathology

Investigation

Report used to evaluate suspects and narrow them down

Apprehension

• Apprehend, interview, arrest

  • Sneaky maneuvers to prevent fleeing

    • Ex: Offering a cold water bottle on a hot summer day and using spit for evidence

    • (Abandoned property, the spit) is not protected

  • Depending on the state laws