Sexually Based Offenses Security Forces Criminal Investigator Course Notes

Terminal Performance Objectives

  • Identifying Dynamics of Sexual Offenses: Students will learn the dynamics of sexually based offenses, including various types of sexual assault and the impactful effects on victims, investigators, and the Air Force.

  • Terminology in Investigations: Introduction to terminology commonly used in sexual assault investigations that is critical for understanding legal and investigative processes.

Enabling Performance Objectives

  1. Recognize Criminal Statues: Identify relevant criminal statutes associated with sexual offenses.

  2. Impact of Sexual Assault: Understand the effects of sexual assault on victims and dispel misconceptions surrounding these crimes.

  3. Realities of Sexual Assault: Grasp the complexities surrounding cases of sexual assault including the roles of first responders.

  4. Warning Signs in Victims: Discuss common warning signs indicating the possibility of sexual assault in victims.

  5. Forensic Medical Examination: Describe purposes of forensic medical exams for victims and emphasize the importance of detailed victim interviews.

  6. Perpetrator Behaviors: Discuss behaviors, common defenses of perpetrators, and recognize secondary trauma experienced by investigators.

  7. Available Resources for Victims: Identify resources available to support victims of sexual assault.

Course Delivery and Content

  • The training will involve potentially graphic content, utilizing photographs, videos, and case studies to enhance understanding of the subject matter.

EPO #1: Common Terminology in Sexual Assault Investigations

  • Consent: Must be given freely; inability to consent includes situations of fraud, coercion, threats, or incapacitation.

  • Incapacitation: When a victim is unable to make rational decisions due to mental or physical conditions, often due to intoxication or unconsciousness.

  • Advocates: Specialists who focus efforts to support sexual assault victims

  • Forensic Nurse Examiners (SANEs): Nurses trained in providing medical services and evidence collection for sexual assault victims.

  • Coercion: Unreasonable pressure for sexual activity, impairs individual’s freedom of will to choose whether to participate in the sexual activity

  • Sexual Assault Evidence Collection Kit (SAK): A combined kit of materials used in the physical collection of evidence from victims.

  • Unreported SAK: collected from victim who consented to

    SAK collection but has not consented to participate in criminal process

  • Anonymous SAK: collected from victim who consented to the SAK collection & participate in criminal process, wishes to remain anonymous

  • Sexual contact: Touching another person’s, directly or through clothing, sex organs (breasts, penis, vagina, buttocks) for sexual gratification

  • Sexual Penetration: Act of putting your penis or another object

    into someone else’s body as a sexual act

  • SC vs. SP: Recognize distinction between the two and that each violation may involve both. Each count/charge must be identified independently

  • Medical Forensic Examination: An examination of a sexual assault patient by a health care provider

  • Joint Sexual Assault Investigative Team (JSAT): Teams led

    by AFOSI w/SF to investigate sexual assault allegations

    • Also referred to as Sexual Assault Response Teams (SART)

EPO #2: criminal statues associated with sexual offenses

  • Article 120 - Rape: Define common terminology used in sexual assault investigations

  • Rape is separated into three types:

    • Completed force penetration

    • Attempted force penetration

    • Completed alcohol or drug-facilitated penetration

  • Article 120 - Sexual Assault:

    • Threatening or placing that other person in fear; causing bodily harm to that other person…or commits a sexual act upon another

      person when the other person is incapable of consenting to the sexual act

  • Other Sexual Misconduct – Article 120c (a) Indecent viewing, visual recording, or broadcasting

    • Knowingly and wrongfully views the private area of another person without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy

  • Other Sexual Misconduct – Article 120c (b) Forcible Pandering

    • Any person who compels another person to engage in an act of prostitution with any person

  • Other Sexual Misconduct – Article 120c (c) Indecent Exposure

    • Any person who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple

  • Patronizing Prostitution:

  • Promoting Prostitution:

  • Victims

EPO #3: Recognize impact of sexual assault violence on the victim and common misconceptions associated with these crimes

Who is a victim?

  • a person, group, business, or organization that has been harmed or injured due to criminal activity

  • harm inflicted may be physical, financial, mental, and/or religious/spiritual

  • Victims don’t just “get over” what happened to them because time passes

  • Victims often feel ignored by the criminal justice system

  • They lack control over whether the offender will be caught or punished and do not have much of a voice in the system

  • The criminal justice system is difficultfor victims to understand

  • Misconceptions:

    • Is perpetrated by a stranger

    • Involves a great deal of physical violence

    • Leaves obvious signs of physical injury

    • Involves the use of a weapon

    • Is always perpetrated by a man against a woman

    • Is reported immediately to the police

      • majority are delayed reporting

EPO #4: Understanding the Realities of Sexual Assault

  • Acknowledge that many sexual assaults are perpetrated by acquaintances, and the notion that they are always associated with weapons or severe physical violence is a misconception.

  • Realistic dynamics of sexual assault crimes:

    • Victims may delay reporting or feel discouraged by the complexities of the justice system.

    • Men are even less likely to report their sexual assault

    • Most sexual assaults are not reported to law enforcement authorities

    • Most sexual assault victims are acquainted with the suspect in some way

    • Sexual assault perpetrators rarely use weapons

  • Victims may lie about specifics of the sexual assault because they fear that their actions may have contributed to the sexual assault

  • Victims are often unwilling to report sexual assault for fear of not being

    believed or be blamed

  • Often by someone with whom the survivor shares a romantic or sexual relationship

  • The Problem:

    • Once a report has been made by a victim of a sexual assault, he or she is asked to re-tell what happened repeatedly

    • Weeks or months may go by without the victim knowing whether the assailant will be arrested

  • The solution:

    • The nature of sex crimes demand sensitivity and a nuanced, and traumainformed, investigative, and prosecutorial approach

  • Impact of Misconceptions:

    • things we believe about sexual assault affect how we as a society respond to it

    • We often have clear expectations for what a case should look like

    • not uncommon for professionals to react by viewing a sexual assault report with skepticism if the incident does not fit the stereotype of a “real rape” or the survivor does not act like a “real victim.”

Statistics:

  • Violence against women:

  • Violence against men:

  • Violence in the LGBTQ+ Community

  • People with disabilities

  • Air Force

    • 2,075 reports in 2022

    • 1,031 reports were Unrestricted

    • 84.2% of victims were female

    • .1% was gender unknown

    • 15.6% of the victims were male

    • 1, 044 were Restricted

      • 21.6% of the victims were male

      • 78.4% of the victims were female

    • 60% of female service members stated they did not trust that the military

    • Only 34% of women believed the service would protect their privacy

    • 64% men saying they believed the military would ensure their safety

    • 58% men saying they thought the military would protect their privacy

EPO #5: Warning Signs of Sexual Abuse in Victims

  • Changes in mood or behavior, withdrawal from social activities, and physical signs such as unexplained injuries can indicate sexual abuse. Look for emotional signs, anxiety, depression, or suicidal thoughts as potential warning signs.

WARNING SIGNS

  • Anxiety/Depression:

  • Self Harm:

  • Physical self harm:

  • Emotional Self Harm:

    • Binge eating

  • Fear/Avoidance:

  • Sexual Behaviors:

  • Sleep Problems:

  • Mood Swings:

  • Bedwetting:

EPO #6: The Role of First Responders

  • First responders must assess the medical needs of victims while being respectful and compassionate. Conduct a limited interview to confirm a sex crime has occurred

  • Once established, the officer notifies the on-call investigator/AFOSI Agent

    who will respond to the scene to take over the investigation

  • They should encourage victims to talk while making them feel safe. Post-incident conduct (like bathing or using the restroom) may affect the collection of evidence; responders should guide victims in these scenarios.

  • Advise Victim to avoid activities that could damage evidence

  • Injuries from sexual assault are often not immediately apparent

    • Post-traumatic stress disorder

    • Internal injuries

    • Sexually transmitted diseases

    • Unwanted pregnancy

EPO #7: Techniques for Investigating Sexual Assault

  • Key evidence may include biological fluids, clothing, and any relevant environmental evidence. A thorough examination of a crime scene is critical, including documentation and photographing all relevant findings.

  • extremely important to remember that anything can turn out to be important evidence, even seemingly unrelated evidence, or information

  • Possible sources of evidence in sexual assault investigations:

Investigators Shall:

  • Wear disposable (e.g., latex) gloves

  • Keep any contaminated surface (gloved hand) away from face to prevent contact

  • After dealing with evidence, properly dispose of gloves and wash hands with germicidal soap

  • Photograph the crime scene prior to processing

  • Sketch a detailed diagram of the scene

  • Videotaping can be helpful, especially at a complicated crime scene

  • All crime scene evidence and clothing the victim put on following an assault must be identified, photographed, and collected

  • Stains

    • Collect as much as possible from one source

    • keep bio evidence stain concentraited

    • change gloves if stained

    • paper bags and envelope

    • dont talk over evidence

    • air dry the sample as fast as possible

    • packageevidence items separately

EPO #8: Medical Forensic Examinations

  • Address both the health concerns of the victim and the collection of forensic evidence that can support an investigation or trial.

  • Victims must provide informed consent for exams, which should be discussed openly to alleviate any fears.

  • Serves two main goals:

    1. Medical: victims are medically evaluated and treated for injuries

    2. Collect physical evidence: findings from victims’ bodies and clothing can be documented

  • Informed consent must be provided for medical forensic exam by victim (or guardian), and they can withdraw consent at any time

  • Legal system relies heavily on tangible evidence

  • Should be complete within 72-96 hours to preserve evidence

    • rare cases recorded evidence still remained upto 9 days after

  • Toxicology

EPO #9: Importance of Detailed Interviews

  • Effective interviews help establish the context of the crime and identify additional evidence and witnesses. An empathetic approach is critical during these conversations to encourage openness from victims.

  • may be one of the most critical components in an effective sexual assault investigation

  • victim will assess your demeanor and language for reaction

  • Remain respectful, supportive, objective and non-judgmental

Victims mental state:

  • Ability to think clearly and articulate

  • People who experience truama often recall informationover time

  • Changes in statements are often misconstrude as lying

  • This is very normal

  • Assess any special needs of the victim, such as the need for an interpreter

  • Document the identity of anyone whom the victim may have talked to about the assault

Be patient:

  • Allow victim to temporarily skip questions that are upsetting to answer

  • Be sensitive to the nature of the information the victim is providing

  • Mirror victims vocabulary when discribing sex acts and body parts

Elicit specific details

  • Did the offender take any pictures or videos

  • Any information about the offender’s identity or description

  • Whether the offender brought anything to the crime scene, or took anything from the scene

  • Any threats made by the offender

  • Any use of force or weapons

Offer reassurance:

  • Provide information about future safety in case the offender returns

  • Inform the victim what to do if she/he is contacted directly or indirectly by the offender

  • Ask the victim to keep you informed of any developments related to the investigation, including if they remember anything else about the assault

Trauma approached interviews:

  • Seeking evidence of suspect’s intent in the situation, important to ask:

    • What did you think the suspect was going to do?

    • What did the suspect do?

    • What did the suspect say?

    • What did the suspect do?

    • Did he have an obvious erection?

    • What was the suspect’s physical appearance?

  • Avoid consensual sex language to describe sexual abuse/assault

Terms to avoid:

  • Sexual intercourse (rape)

  • oral sex (forced in your mouth)

  • had sex (raped you)

  • massaging (touched you)

  • foreplay

What you should say:

What not to say:

  • I understand (I see - where you’re coming from/what you mean, I hear what you are saying)

  • What were you wearing?

  • Why? questions

  • The word “alleged”

EPO #10: Perpetrators, Their Behaviors, and Common Defenses

  • Understanding the mindset of perpetrators is crucial for investigators. Common justifications include blaming the victim or denying awareness of the victim's inability to consent.

  • Investigators should document evidence meticulously, keeping an open mind to the complexities surrounding each case.

Warning Signs

Excuses

Blaming

Lying

Assuming

Above the Rules

Playing The Victims

Ownership

Self-Glorification

Prior Traumas

  • Those who commit criminal offenses are more likely than others to

    also be victims of those same criminal offenses

Certain Behaviors

Childhood/Upbringing

Behaviors due to traumatic sexualization

  • Sexual preoccupation

  • Distortions in sexual identity

  • Sexual compulsivity

  • Depression related to sexuality

Denial

  • Suspect charged with a sex crime can deny reported sexual act took place

  • There are two additional defenses that are available to suspects who are charged with sex crimes reportedly committed using force, threat, or fear

  • Two Defenses available to Suspects:

    • Consent:

      • However, the lack of physical resistance can never be used as proof of consent

      • Physical resistance from the victim can be used as evidence that force, threat, or fear was present in a situation

    • Identity:

      • Raised primarily in cases where the suspect is a stranger to the victim

      • “It wasn’t me.”

  • Mental State

  • Alcohol

  • Drugs

EPO #11: Recognize trauma caused to the investigator

  • Investigators dealing with cases of sexual assault can experience secondary trauma through exposure to victims' traumatic narratives. Self-care strategies are essential for long-term resilience in law enforcement roles.

  • It takes courage to help child and adult victims of sexual abuse

  • It takes commitment

Vicarious Trauma Toolkit (VTT)

  • includes tools and resources tailored specifically to these fields that provide the knowledge and skills necessary for organizations to address the vicarious trauma needs

  • Self-care looks different for everyone

  • Reading a book at the end of the day, physical exercise, getting a massage, or connecting with loved ones

Conducting these interviews:

  • Take longer than a traditional interview

  • Expose the investigator to more intense details of the victim’s sensory experiences

  • You get more emotionally invested than traditional interviews

  • You’re asking someone to reexperience something horrible

  • They’re exhausting for detectives

Ultimately, investigators cannot promise anything to victims

  • All this may make it more difficult for investigators to protect themselves from the personal toll of these cases

  • painful when investigations and prosecutions are unable to move forward

  • Feeling so limited in the face of another person’s pain can be a significant stress factor

  • Unable to meet these demands, results in the risk of burnout

EPO #12: Resources Available for Victims

  • Victims in the military can utilize the Safe Helpline and may choose between restricted and unrestricted reporting options, both offering various supports while maintaining confidentiality or initiating investigations.

This note serves as a detailed overview of key concepts in the dynamics surrounding sexually based offenses, terminology used in investigations, and both the roles of first responders and investigative procedures essential for law enforcement training on this critical issue.