Chaper 12: THE INVESTIGATION OF SEX CRIMES, ASSAULT, DOMESTIC VIOLENCE, AND CHILD ABUSE

Rape refers to “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Most states use other definitions that encompass other forms and circumstances of sexual assault.

The circumstances in which most sexual assaults occur are favorable for their solution. In particular, contact between the victim and the offender and the presence of a relationship between the victim and the offender can help investigators identify the perpetrator.

Drug-facilitated sexual assaults pose unique challenges for investigators. Issues of consent are likely to be raised and victim memory is likely to be compromised.

Different victims may have different emotional dispositions upon first contact and interview with investigators. It is a myth that victims are always hysterical and crying after a rape. Most victims are in a state of shock and disbelief.

The emotional and physical trauma of a sexual assault may last for weeks, months, years, or even a lifetime.

If information is to be produced about the offender in a sexual assault, it is most likely to come from the victim. Physical evidence can be used to establish sexual contact/intercourse and may lead to the identification or confirmation of the perpetrator. The victim’s statement that the sexual acts were not consensual, along with documentation of injuries to the victim, the use of a weapon, and other circumstances of the crime, can establish lack of consent. That the acts actually occurred can also be established by the victim’s detailed statement of what transpired and/or a confession from the perpetrator.

If the sexual assault was not committed by someone the victim knew or was acquainted with, and/or the victim is not able to provide the name of the suspect, then the task of identifying the perpetrator is likely to be more challenging. In these cases details from the victim regarding the characteristics of the perpetrator may be especially useful.

Forensic examinations of sexual assault victims are conducted at hospitals and are performed by either a physician or a nurse who has received special training in forensic matters. A nurse with such training is referred to as a sexual assault nurse examiner (SANE).

Interrogation of a sexual assault suspect may produce information that confirms the suspect is the perpetrator. Rapists with different motivations may respond differently to various themes in an interrogation.

A small percentage of rape allegations are suspected and substantiated as false. When investigating any crime, investigators must be aware of accounts provided by victims that just do not seem to make sense and that appear suspicious. There are various indicators of false rape allegations.

Aggravated assault refers to an attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Simple assaults include all other types of assaults that do not involve a weapon or serious injuries.

The demographic profile of aggravated assault victims is similar to that of homicide victims, although a greater proportion of aggravated assault victims are female and younger compared to homicide victims.

The circumstances during which aggravated and simple assaults typically take place contribute to the relatively high clearance rate for these crimes. Particularly important is that there is contact between the victim and the offender and that the offender is often known to the victim.

A serious challenge to some investigations, especially nonfatal shootings, is the anti-snitching mindset among some witnesses.

Domestic violence involves violence (rape or sexual assault, robbery, and aggravated assault) committed by intimate partners, immediate family members, or other relatives. Intimate partner violence (IPV) involves assaultive behaviors among current or former intimate partners.

Often the most common challenges in domestic assault investigations are obtaining the cooperation of the victim in the investigation and the prosecution of the perpetrator.

Several explanations have been offered as to why victims resist leaving abusers, including the cycle of violence, battered woman syndrome, Stockholm syndrome, traumatic bonding theory, psychological entrapment theory, and multifactor ecological perspective.

Child abuse can take several different forms: physical abuse, sexual abuse, emotional abuse, and neglect. Neglect is the most common.

From an investigative standpoint, child abuse poses several challenges, including determining the cause of injuries, obtaining reliable information from child victims, and identifying possible instances of abuse. Police agencies usually have help in the form of local child protective services agencies in these investigations.

Vocubulary

• Anti-snitching mindset - The belief among some citizens that providing information to the police about crimes is to be avoided and that cooperating with the police can lead to negative consequences.

• Behavioral-oriented interviews - An approach taken when interviewing a sexual assault victim in which documenting the behavior of the offender is a primary goal.

• Contact rapists - Sexual offenders who are often “friends” or acquaintances with the victim; their motive is usually their sexual pleasure.

• Domestic violence - Although definitions vary, typically refers to violence committed by intimate partners, immediate family members, or other relatives.

• Drug-facilitated sexual assault (DFSA) - A sexual assault that is facilitated by an offender through the use of a legal or illegal substance.

• False rape allegation - An allegation made by a person that a rape occurred when in fact it did not.

• Restraining order - Order issued by a judge upon request of a victim that requires the respondent (offender) to stay away from and to not have contact with the victim. Violation of a restraining order is a crime.

• Sexual aggressor rapists - Sexual offenders who are most often strangers to their victims; their motive is anger and control.

• Sexual assault nurse examiner (SANE) - A nurse with special training in forensic matters who conducts physical forensic examinations of sexual assault victims.