SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

Module 4- RAPE AND SEXUAL OFFENSES

Introduction
According to the latest data acquired by the Philippine Statistics Authority (PSA)
from the Philippine National Police (PNP) and the Department of Social Welfare and
Development (DSWD), more women were raped, physically assaulted, sexually
exploited, and trafficked in 2019, According to PSA statistics obtained from the DSWD,
over 420 women were victims of trafficking in 2019, up 66.7 % from 252 women in 2018.
According to PSA. DSWD data revealed that 222 women were sexually abused in 2019,
up 55.2 % from 143 in 2018. Despite the Anti-Rape Law of 1997, rape remains the most
frequent type of sexual abuse, followed by incest and fondling. 98% of rape victims are
women, the incest percentage is another alarming data; 33%. Most children who are
exploited for commercial purposes are victims of prostitution or pornography.

Learning Outcomes
At the end of this module, students must have to:
1. Comprehended the legal requirements for the crime of rape;
2. Familiarized yourself with investigation procedures that are proper for rape
investigation;
3. Recognized the role of medical examination in rape investigation.

Discussion Board:

Rape and Sexual Offenses

Rape is generally defined as an act of sexual intercourse against a female by

force or against her will. Rape may also occur when sexual intercourse involves a
female under a certain age, regardless of that female's willingness to engage in the act.
This type of rape is typically referred to as statutory rape. In defining rape, all state
statutes waive requirement of force and unwillingness when the victim is unconscious or
mentally deranged. Any sexual penetration, however slight, is sufficient to complete the
crime. The courts have wisely established the legal precedent that "against her will"'
need not be demonstrated by senseless physical resistance. Resistance is deemed
unnecessary when it would be futile or would endanger life.
In the past, it was legally impossible for a husband to rape his wife, although he
could be charged in situation in which he aided another in the rape of his wife. Now, the
concept of using "marital privilege" as a defense against rape is legally void.
Rape is recognized as a very serious felony that often injures the victim
physically as well as emotionally. Many rape victims experience emotional disturbances
that may persist for a lifetime. Traditionally, rape was considered to be primarily sexually
motivated, but current studies though, points to aggression as a major causative factor
in the crime. Although not all rapes are committed by men who hold all women in
contempt, modern research suggests that significant number of offenses involve
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hostility, rather than sexual desires as the prime motivation. Rape poses many
difficulties to the criminal investigator. Not only is it difficult to prevent, but its socially
sensitive nature often generates information- gathering difficulties. Rape has been the
fastest growing of all crimes against the person, yet it also has had the lowest
proportion of suspect convictions following arrest.
Given the natural complexities and sensitivity of the subject and become a Widely-
discussed offense in the Philippines, it is proper to require a sophisticated breed of
investigators with equipped knowledge, trainings and expertise. Revised Penal Code
(RPC) Art. 335, Rape is committed by having carnal knowledge of a
woman under any of the following circumstances;
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.

RA 8353 otherwise known as the "Anti Rape Law of 1997," has led to rape now
becoming a crime against persons and introduces new features such as a wife may
charge her husband for rape (marital rape); the victim is no longer limited to females
and males maybe the victim; insertion of objects/penis into the mouth, genitals, or anal
orifice of another person already constitutes rape.

Considering that more of these cases involve women and children, it is absolutely
necessary that investigators be accurate, comprehensive, efficient and experts on these
fields of investigation.

Based on the Revised Penal Code (RPC), Title 8, Chapter 3, Article 266 - rape
is committed;
1. By a man who shall have carnal knowledge of a woman under any of the
circumstances;
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious.
c. By means of fraudulent machinations or grave abuse of authority; and
d. When the offended party is under 12 years of age is demented, even though
none of the circumstances mentioned above be present.
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall against an act of sexual assault by inserting his penis into another person s mouth
or oral orifice, or any instrument or object into the genital or anal or orifice of another
person.
RA 8505, Section 4, Duty of the police officer in cases of rape, upon receipt by
the police of the complaint for rape, states that the officer should:
a. Immediately refer the case to the prosecutor for inquest/investigation if the
accused is detained; otherwise, the rules of court shall apply.
b. Arrange for counseling and medical services for the offended party; and,
c. Immediately make a report on the actions taken.
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The Victim Questioning

The initial response to a rape report is typically by the patrol division. Thus, the
uniformed officer has a critical task in determining subsequent police actions and
instilling a positive attitude in the victim. The police response is usually brought about by
the victim rather than a second party. Rapes involving children and adolescents are
likely to be reported by parents or other adults. Upon arrival at the scene, the officer
must first attend to any first aid needs that maybe necessary. If emergency medical
attention is not immediately needed, a description of the offender should be obtained
and broadcasted. Obviously, the immediate broadcast of an offender description is not
indicated if the report is "cold," that is, if it occurs many hours or days after the rape.
Although the majority of departments dispatch patrol units to the scene, a small number
send specialized investigators to take the initial report. The unit is made up entirely of
female investigators who report to any scene in which a victim requests a female officer
or to any scene in which the initial patrol officer feels their presence is required. The unit
is formed on the assumption that many victims do not feel comfortable. being
interviewed by a male officer following the rape.
Unless all members of the patrol division have had special training in rape
investigation and questioning techniques, the questioning during the preliminary stage
should be brief. Questions should establish the criteria for the offense and description of
the offender; they should not detail the sexual aspects of the crime. All sensitive aspects
of the attack and the offender's method of operation should be determined as soon as
possible by an investigator with special sex-crime training.
The rape interview is generally a traumatic experience for the victim. Regardless
of the tact of the interviewing officer, the victim must recount the details of the offense.
The specific details of the rape are necessary to establish the elements of the offense
and the method of suspect operation. Since many rape offenders are recidivists, details
concerning the specific actions of the rapist are essential for comparison with past and
future crimes. The victim's answers should provide information about the following:
1. lack of consent;
2. amount of force;
3. sexual penetration;
4. extent and type of sexually deviant acts;
5. method of suspect operation before the attack:
6. method of suspect operation during the attack,
7. method of suspect operation following the attack;
8. Acquaintanceship between suspect and victim; and,
9. Description of the suspect.

The Follow-up Interview of the Rape Victim

The sexual assault is a traumatic and life-threatening experience that typically

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leaves the victim feeling humiliated, degraded, distrustful, afraid and angry. Studies
have shown that every sexual assault victim reacts differently to the experience in one
fashion or another. Some victims will appear relatively calm and respond to questions in
a matter-of-fact manner, whereas others will be crying out hysterical and unable to
respond to questions about the incident. Officers must communicate an understanding
of the traumatic nature of the experience in which the victim has undergone. This can
be done investigation stating directly: "I know you have just been through a terrifying
experience and if you feel uncomfortable at any time while we are talking, we will take a
break until you are able to talk. The preceding approach to interviewing a sexual assault
victim is critical
about it." because the rape experience has left her with a feeling of loss of control of her
life care and understanding will allow her to feel that she has regained control. The best
time to establish a supportive, cooperative relationship between the investigator and the
victim is as soon after the preliminary interview as possible. Investigators however must
be aware of the victim's emotional and physical condition, which might make the
interview unwise or impossible.
The investigator should first consider the victim s safety, comfort, and privacy.
For example, if the assault occurred at the victim's home, she may prefer that the
interview take place at a neighbor's residence. In all cases, the setting should be
comfortable and private, with as few interruptions as possible. It is common for friends
and relatives of the victim to accompany her.

Victim Interview Checklist

1. Interviewers should be sensitive to the needs and concerns of the victim.
2. All victims react differently to incidents of sexual assault.
3. Police officers react differently to sexual assault victims.
4. Interviewer must display a genuine interest in the welfare of the victim.
5. Victim interview demands patience and perseverance.
6. Interviewers should ask direct, open-ended questions.
7. Should be established whether the victim knows the suspect.
8. Descriptions of the suspect and his vehicle must be acquired available.
9. Leading questions should not be asked.
10. Official police jargon should not be used.
11. Victims should be walked through the crime scene to indicate what suspect may
have touched.
12. The victim needs to feel that she has regained control of her life.
13. Investigators must anticipate what information the victim might want to be known.
14. Investigative procedures should be explained carefully if the investigator is asked
to do.
15. The interview should never be rushed.

Evidence in Rape Cases (CM Lyman, 2002)

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As with all investigations, identification, collection, and preservation of evidence are

a primary responsibility of the investigator. Rape cases are sometimes unique, in that
evidence may present itself in three general areas:
1. On the crime scene
2. On the victim
3. On the suspect (or at locations occupied by the suspect)

Physical evidences that may be present in rape cases:

1. Seminal and seminal stains
2. Blood and blood stains
3. Grease stain
4. Cigarette butt
5. Tissue
6. Fibers
7. Hair strand
8. Pubic hair
9. Dried blood
10. Object from suspect
11. Soil
12. Grass stain
13. Other evidences that should be considered are bed sheets, mattress, towels and
wash rugs, discarded facial tissues, robes and sofa or chair cushions.

Rape evidence checklist:

1. Photograph all physical injuries of the victim.
2. Note the clothing of the victims (e.g. torn, dirty, missing bottom).
3. Examine the hair (both victim and suspect) for foreign fiber, debris or
1. blood.
4. Obtain fingernail scrapings for clothing fibers, skin, blood, hair and so on.
5. Obtain blood samples from the victim.
6. Obtain pubic hairs from both the victim and the suspect (this includes
2. standard for comparison).
7. Obtain vaginal swabs from the victims (the attending physician should
3. acquire at least two).
8. Obtain anal and oral swabs from the victim.
9. Allow wet articles to air dry using fresh air, not heated air.
10. Ensure that the victim has a cervical exam by a physician of her choosing.
11. Obtain a written report from the examining physician.

The Medical Examination

A rape victim should be persuaded to undergo a physician's examination for

medical evidence. Such an examination is important in establishing proof of penetration
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as well as determining the presence (or absence) of sperm. It also provides a

therapeutic benefit for the victim. It should be noted, however, that the presence of
sperm alone merely shows that the victim had sexual intercourse, not necessarily, that
she was raped. In fact, it is not the responsibility of the attending physician that a rape
has occurred, only to document that there was sexual intercourse. The determination
that the victim was raped is a legal determination made by the court. The attending
physician should note the patient's general appearance before her disrobing (e.g.
victim's emotional state, clothing (torn). Additionally, vital signs such as blood pressure,
pulse, temperature, and respiration should be well-documented. The patient's
description of the assault should indicate special areas where the physician should
concentrate on the examination. For example, the use of restraints may result in broken
blood vessels or bruises. Bruises should be described in terms of shape, color and size.
The general exam is required for the purpose of collecting specimens for evidentiary
purposes. Combing the pubic hair for specimens of foreign hair and obtaining clippings
of hair for comparison may be conducted at this point. A rectal exam is required if the
assault included rectal intercourse. This examination will include an external
examination for signs or trauma as well as internal examination with the use of an
endoscope for signs of tenderness or injury. Because of the intense psychological
trauma experienced, a physician or their choice and a medical facility also of the
choosing waiting area. When the exam is concluded, the investigator should obtain
written report from the physician outlining his or her findings and conclusions.

Categories of Rapists (Groth, Burgess, and Holmstrom, 1977)

Groth, a leading expert on sex crimes, describes the role of both the power and
anger rapists. Groth has developed the main premise behind the rapist profile in his
typologies. The power rapist has been subdivided into two personality types: the power
reassurance rapist and power-assertive anger-retaliatory rapist and the anger excitation
rapist.

Victim Characteristics of the Power Rapist

1. The victim is usually of the same race as the attacker.
2. The victim will probably be alone at the time of the initial contact.
3. The victim will have been evaluated by the attacker as one who probably won't
resist attack.
4. The attacker considers her to be meek. non-aggressive, or easily dominated.
5. Physical size is commonly used in the rapists consideration for victims.
6. The victim is typically attacked through a "'surprise" method.
7. The rapist hopes that she will yield to his initial advance.
8. Should the rapist not get the desired initial response from the victim, he will most
probably flee the scene.

1. Power Reassurance

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This type of assault assures rapist of his masculinity. He lacks the confidence to
interact socially and sexually with women.

Profile of the Power-Reassurance Rapist.

a. Rapes between midnight and 5 a.m. every 1 to 20 days.
b. Selects victims by watching and window peeping.
c. Seeks women about his own age who are living alone, and attacks in the
house of the victim.
d. Uses weapon or opportunity.
e. Covers the victim's face or wears a ski mask to prevent identification.
f. Asks the victim to remove her clothing.
g. Performs vaginal sex, may experience premature ejaculation or impotence.
h. Asks the victim to, say that she likes his sexual performance.
i. Is socially inadequate, a loner, lives alone or with parents, has a menial job,
frequents porno theatres and shops, has been arrested for window peeping or
burglary.
j. Has no vehicle, first rapes within walking distance of his home.
2. Power Assertive
This type has no doubts as to his masculinity. He uses rape to express his
dominance over women. He uses force.

Profile of the Power Assertive Rapist

a. Rapes between 7p.m. and 5 a.m.every 20 to 25 days
b. Selects a victim of opportunity, may meet her in a bar or date two or three
times.
c. Selects a woman about his own age, uses an overpowering or con
approach dominates victim, rapes indoors or outdoors.
d. Uses a weapon of choice.
e. Uses no mask, may attempt to hide his face, won't let victim look at him.
f. Is a macho type, body conscious, athletic, frequents singles bars, has a
hard-hat job or is a truck driver.
g. Is married or divorced, has been arrested for domestic disturbance or
crimes against property.
h. Has a flashy vehicle sports car or four-wheel drive pickup.
3. Anger Retaliatory
This type is getting even with women. They use sex as a weapon to punish and
degrade. He is anger-oriented.

Profile of Anger Retaliatory Rapist

a. Rapes any hour of day or night, at irregular 6 to 12 month intervals, after
fight with wife or put down by a woman.
b. Selects a victim of opportunity, in his own neighborhood or near work.
c. Selects a woman his same age or older, employs "blitz' attack.
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d. Uses a weapon of opportunity: fists, feet, club, beats victim before, during
and after sexual assault.
e. Performs anal, then oral sex, vaginal sex, possible retarded ejaculation.
f. Employs much profanity and degrading language.
g. May have arrests for domestic disturbance, speeding, or fighting on the
night.
h. Is a loner, drinker, troublemaker, explosive temper, sports fan, laborer,
construction worker.
i. Is a married man, abuses his wife and children, has been arrested for
fighting family disputes, drinking.
j. May have any type of vehicle.

4. Anger Excitation
This type is sexually turned-on by the victim s response to the infliction of
physical and/or emotional pain. The sexual acts will be varied and experimental
and intended to cause pain.

Profile of the Anger-excitation Rapist;

a. Assaults are extremely well-planned.
b. His violent fantasies are acted out during the assault.
c. Gloves and mask are included in the rape kit.
d. The victim's resistance fuels the attacker's rage.
e. Victim selection is day or night, at irregular intervals.
f. Brutal force is used to control his victim.
g. While inflicting pain on the victim, the attacker is usually calm.
h. The victim's clothes are usually cut off her.
i. Video recordings are usually made of the assault.
j. The sadistic rapist has no remorse.
k. He may attempt to hide his face by wearing a hood or a mask.

Rapists Approach
It is important that the investigator documents the method of approach used by
the attacker. Three such forms of behavior exhibited by rapists are offered by
Hazelwood and Burges.
1. Con Approach. The victim is approached openly with subterfuge of "cover".
Typically, the attacker is friendly and will offer some type of assistance or will
request directions.
2. Blitz Approach. Immediate physical assault is used to subdue the victim. This
approach leaves no opportunity to cope verbally or physically and frequently
involves the use of a gag or blindfold.
3. Surprise Approach. The attacker waits for victim in a secluded area where he
won't be discovered and then approaches on his own volition (i.e., hiding in the
back seat of an automobile or stepping out from behind a wall).
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Characteristics of Serial Rapists:

1. They often do not wear disguises.
2. They frequently plan their attacks, as evidence may be present to demonstrate
this in the form of notes containing addresses, photos of victim, maps, etc.
3. They may display a weapon (found to be the case in 50 percent of their assault,
commonly a knife).
4. They may bind their victims with materials found at the crime scene.
5. They often take a personal item of the victim (if theft is part of ritualistic method of
operation. It will occur with great probability).
6. They will often retain instruments used to torture a victim (if the suspect is the
sadistic type) and may have photos. Videotape, or audio records of the attack
itself or phone calls to the victim, etc, within their residences or vehicles.

The force used and level of severity (Hazelwood and Burgess)

1. Minimal Force. Little or no force is used but minimal slapping may be
2. Moderate Force. The repeated hitting or slapping of the victim in a painful used
to intimidate, manner is accompanied by use of profanity
3. Excessive Force. The victím is beaten on all or most parts of her body.
4. Brutal Force. Sadistic torture and intentional infliction of physical and emotional
pain are employed.

Studies have revealed that rapists reveal a great deal about themselves during the
course of the attack through verbal remarks and comments. This makes it extremely
important for the investigator to elicit specific information from the victim as to what the
attacker said during the assault, specifically, comments regarding demands made of the
victim as well as complements made to the victim during the attack. (Lyman 2002)

Child Sexual Abuse

Section 2 of RA 7610 known as the "Special Protection of Children Against Child

Abuse, Exploitation and Discrimination Act" states that: It is hereby declared to be the
policy of the State to provide Special protection to children from all forms of abuse,
neglect, cruelty, exploitation and discrimination and other conditions prejudicial to their
development; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher, or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardians, teacher or person having
care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely
threatened by circumstances which affect or will affect their survival and normal
development and over which they have no control.
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The best interests of children shall be the paramount considerations in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies consistent with the
principle of First Call for Children as enunciated in the United Nations Convention on the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Section 3 of RA 7610 states some definitions on:

(a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
(b) Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:

1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment
2. Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being
3. Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or injured child
4. Failure to immediately give medical treatment to an resulting maltreatment; worth
and dignity of a child as a human being in serious impairment of his growth and
development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children.
(d) Those who engage in or promote, facilitate, induce child prostitution which include,
but are not limited to the following:

1. Acting as a procurer of a child prostitute;

2. Inducing à person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
3. Taking advantage of influence or relationship to procure a child as prostitute;
4. Threatening or using violence towards a child to engage him as a prostitute; or
5. Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.

(e) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, that when the
victims are under twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, tor rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That
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the penalty for lascivious conduct when the victim is under twelve (12) years of age
shall reclusion temporal in its medium period; and
(f) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.

SECTION 6. Attempt To Commit Child Prostitution

There is an attempt to commit child prostitution under Section 5, Paragraph (a)
hereof when any person who, not being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel pension house, apartelle
or other similar establishments, vessel, vehicle or any other hidden or secluded area
under circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
There's also at attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna parlor or
bath, massage clinic, health club and other similar establishment. A penalty lower by
two 2 degrees than that prescribed for the consummated felony under Section 5 hereof
shall be imposed upon the principals of the attempt to commit the crime of child
prostitution. Under this Art, or, in the proper case, under the Revised Penal Code.

SECTION 7. ARTICLE IV-Child Trafficking

Child Trafficking. Any person who shall engage in trading and dealing with
children including but not limited to, the act of buying and selling of a child for money, or
for party other consideration, or barter, shall suffer the penalty of reclusions temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim
under twelve [12) years of age.

SECTION 8. Attempt to Commit Child Trafficking

There is an attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefore and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(b) When a person, agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking: Or
(c) When doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
d) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child- during institutions who can
be offered for the purpose of child trafficking- A penalty lower two (2) degrees than that
prescribed for the consummated felony under Section 7 hereof shall be imposed upon
the principals of the attempt to commit child trafficking under this Act.
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ARTICLE V (Obscene Publications and Indecent Shows)

SECTION 9.

Obscene Publications and Indecent Shows

Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows. Whether live or in video, or model
in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
If the child is used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other acts covered by this section
shall suffer the penalty of prision mayor in its medium period.

ARTICLE VI. (Other Acts of Abuse)

SECTION 10.

Other Acts of Neglect, Abuse, Cruelty or Exploitation and other Conditions Prejudicial to
the Child's Development,
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
to be responsible for other conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related within the fourth degree
of consanguinity or affinity or any bond recognized by law, local custom and tradition or
acts in the performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this
Act to keep or have in his company a minor as provided in the preceding paragraph
shall suffer the penalty of prision mayor in its medium period and a fine of not less than
Forty thousand pesos (P40, 000): Provided, however, that should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
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(d) Any person, owner, manager or one entrusted with the operation of may public or
private place of accommodation, whether for occupancy, food, drink or otherwise,
including residential places, who allows any person to take along with him to such place
or places any minor herein described shall be imposed a penalty of prision mayor in its
medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child
to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing;
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in
its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended,
the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation,
and serious physical injuries, respectively, shall be reclusion perpetua when the victim
is under twelve (12) years of age.

The penalty for the commission of acts punishable under Article 337, 339, 340
and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher
than that imposed by law when the victim is under twelve (12) years age. The victim of
the acts committed under this section shall be entrusted to the care of the Department
of Social Welfare and Development.

ARTICLE VII Sanctions for Establishment or Enterprises

SECTION 11.

Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct

Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking
Obscene Publications and Incident Shows, and Other Acts of Abuse.
All establishments and enterprises which promote or facilitate child prostitution
and other sexual abuse, child trafficking, obscene publications and indecent shows, and
other acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted under
this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the
words "off limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social Welfare and Development for such period
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which shall not be less than one (1) year, as the Department may determine. The
unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene publications and indecent shows and
other acts of abuse if the acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal Code, as amended.

An enterprise such as a sauna, travel agency, or recruitment agency which

promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children
in a lewd or indecent show: provides child masseurs for adults of the same o opposite
sex and said services include any lascivious conduct with the customers; or solicits
children or activities constituting the aforementioned acts shall be deemed to have
committed the acts penalized herein.

ARTICLE VIII Working Children

SECTION 12. Employment of Children

Children below fifteen (15) years of age may be employed: Provided, that the
following minimum requirements are present:
(a) The employer shall secure for the child a work permit from the Department of Labor
and Employment;
(b) The employer shall ensure the protection, health, safety and morals of the child;
(c) The employer shall institute measures to prevent exploitation or discrimination taking
into account the system and level of remuneration, and the duration and arrangement of
working time; and
(d) The employer shall formulate and implement a continuous program for training and
skill acquisition of the child.

The Department of Labor and Employment shall promulgate rules and

regulations necessary for the effective implementation of this section.

SECTION 13. Non-formal Education for Working Children

The Department of Education, Culture and Sports shall promulgate a course

design under its non-formal education program aimed at promoting the intellectual,
moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education, Such course design shall integrate the learning
process deemed most effective under giver circumstances.

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SECTION 14. Prohibition on the Employment of Children Certain Advertisements

No person shall employ child models in all commercials or advertisements

promoting alcoholic beverages, intoxicating drinks, tobacco and its by products and
violence.

SECTION 15. Duty of Employer

Every employer shall comply with the duties provided for in Articles 108 and
109 of Presidential Decree No.603.

SECTION 16. Penalties

Any person who shall violate any provision of this Article shall suffer the penalty
of a fine of not less than one thousand pesos (P1,000) but not more than ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months but not more than
three (3) years, or both at the discretion of the court Provided, That, in case of repeated
violations of the provisions of this Article, the offender’s license to operate shall be
revoked.

ARTICLE IX Children of Indigenous Cultural Communities

SECTION 17. Survival, Protection and Development

In addition to the rights guaranteed to children under this Act and other existing
laws, children of indigenous cultural communities shall be entitled to protection, survival
and development consistent with the customs and traditions of their respective
communities.

SECTION 18. System of and Access to Education

The Department of Education, Culture and Sports shall develop and institute an
alternative system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of Education, Culture and Sports shall also
accredit and support non- formal but functional indigenous educational programs
conducted by non-government organizations in said communities.

SECTION 19. Health and Nutrition

The delivery of basic social services in health and nutrition to children of

indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and. other health institution shall ensure that children of

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indigenous cultural communities are given equal attention. In the provision of health and
nutrition services to children.
Of indigenous cultural' communities, indigenous health practices shall be
respected and recognized.

SECTION 20. Discrimination

Children of indigenous, cultural communities shall not be subjected to any and all
forms of discrimination. Any person who discriminates against children of indigenous
cultural communities shall suffer a penalty of arresto mayor in its maximum period and a
fine of not less than five thousand pesos (P5,000) more than ten thousand pesos
(P10,000).

SECTION 21. Participation

Indigenous cultural communities, through their duly- designated or appointed

representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural
communities. Indigenous institution shall also be recognized and respected.

ARTICLE X Children in Situations of Armed Conflict

SECTION 22. Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the responsibility of

the State and all other sectors concerned to resolve armed conflicts in order to promote
the goal of children as zones of peace. To attain this objective, the following policies
shall be observed;

(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non- government institutions shall be
ensured. They shall not be subjected to undue harassment in the performance of their
work;

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(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(t) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

SECTION 23. Evacuation of Children During Armed Conflict

Children shall be given priority during evacuation as a result of armed conflict.

Existing community organizations shall be tapped to look. after the safety and well-
being of children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and well-
being.

SECTION 24. Family Life and Temporary Shelter

Whenever possible, members of the same family shall be housed in the same
premises and given separate accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary shelter, expectant and
nursing mothers and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given opportunities for
physical exercise, sports and outdoor games

SECTION 25. Rights of Children Arrested for Reasons Related to Armed Conflict

Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following units:
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice to such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the
custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child committed the acts charged against him, the court shall determine
the imposable penalty, including any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of
Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has
had reached eighteen (18) years of age or, for a shorter period as the court may deem
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proper, after considering the reports and recommendations of the Department of Social
Welfare and Development or the agency or responsible individual under whose care he
has been committed.
The aforesaid child shall subject to visitation and supervision development or any
duly-licensed agency such other officer as the court may designate subject to such
conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of
the court in the same manner as appeals in criminal cases.

SECTION 26. Monitoring and Reporting of Children in Situations of Armed

Conflict

The chairman of the barangay affected by the armed conflict shall submit the
names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the armed
conflict.

ARTICLE XI Remedial Procedures

SECTION 27. Who May File a Complaint

Complaints on cases of unlawful acts committed against the children as

enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

SECTION 28. Protective Custody of the Child

The offended party shall be immediately placed under the protective custody of
the Department of Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of the Department
of Social Welfare and Development shall be free from any administrative, civil or
criminal liability. Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.

SECTION 29. Confidentiality

At the instance of the offended party, his name may be withheld from the public
until the court acquires jurisdiction over the case. It shall be unlawful for any editor,
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publisher, and reporter or columnist in case of printed materials, announcer or producer

in case of television and radio broadcasting, producer and director of the film in case of
the movie industry, to cause undue and sensationalized publicity of any case of violation
of this Act which results in the moral degradation and suffering of the offended party.

The Preliminary Investigation

In the early phase of the investigation, the investigator must collect as many
information about the charge as possible. This is typically done by interview with people
who are most closely associated with the child. Assuming that such persons are not
suspects in the case, they could provide the investigator with information regarding any
abnormalities in a child's physical appearance as well as unusual behaviors and actions
by the child. In the event that the person being questioned becomes a suspect,
investigators should be careful to avoid accusations or passing judgments. In addition, if
during the interview the subject develops into suspect, the officer must remember to
afford the subject all his or her due process rights under the present laws.

Interviewing the Child Victim

The interview process of the child victim requires patience, practice, and
understanding. Several different considerations will determine at what point the
interview should occur. These are the child's age and his or her ability to communicate
with others and to describe what occurred. Other considerations include the possibility
of retaliation by the abuser-molester. To help ensure that the maximum amount of
information is learned from an interview, investigators should take care to see that the
child victim is comfortable as possible. Thus the interview should not be conducted at
the police station but at a location with familiar surroundings, such as at specially
designed room located at the juvenile center, a hospital, or a friend's home. Privacy is
also an important variable in this regard. Studies show that children need support, so
that if they request a non-offending parent or other person present, it should be allowed.
In this case, the parent should not accompany the child during the course of the
interview but should be permitted to be nearby (but out of view) in an adjacent room to
give the child the sense of security.

Because a child's attention span is short, questions should be clearly spoken and
to the point. This technique can be developed only through practice and self- discipline,
as interviewers proficient at dealing with adults may not be successful with children. The
quality of the child's responses is also a critical consideration. It is, therefore important
for the interviewer to be able to decipher what the child is trying to say. For example, the
child may have different perceptions of words such as sex, kiss, hugs, touch, and so on.
The interviewer must learn to ask specific questions regarding what the child means, to
avoid confusion later in court. In addition, the interviewer might choose to use
anatomically correct dolls to help the child describe exactly what happened, what part of
the body was touched, what boy part did the touching, and generally what happened.
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Techniques for the Child Interview

The relationship or rapport between the child victim and the investigator is also of
great importance. Questions can sometimes be developed through Information obtained
from the Division of Child Services, Welfare Office, physician, and so on, regarding the
parents or legal guardians of the child. Other factors affecting the direction of the
interview include the child's:
1. Age
2. Developmental stage
3. Siblings

Anatomical dolls aid the investigator when questioning children suspected of being
victims sexual abuse:
1. Family composition
2. Ability to read or write
3. Intellectual development (or lack of)
Typically, to best reassure the victim. an interview might begin the following opening
remarks by the officer: "T am a police officer, and let me and you police officers do. My
job is to talk to children about this thing because we want them to stop happening."
Interviews should continue with simple questions such as the child's name, age, grade
school favorite teacher, brothers and sisters, favorite television shows, and so on. The
interview might also choose to state the names of his or her children, These opening
remarks can help the investigation determine the general intelligence as sophistication
of the child.

What to ask
1. Wh0 did it?" Investigators shouldn't expect the child to offer an abundance of
information with this initial question, but chances are that the child knows the
identity of the abuser. Absent any more definition, information, investigators
should at least attempt to learn the relationship of the offender to the child.
2. What happened?" I need to know exactly what the man did. Can you describe
just what happened? Did he touch you?" In the case of sexual abuse, the child
should also be asked if he or she ever saw the offender's penis. This should, of
course, be phrased in the words of the child. Once basic information is learned,
the inyestigator can then inquire about other types of sexual or physical
misconduct.
3. "When did it happen?" Depending on the age of the child victim, details on when
the crime occurred may be difficult to obtain. The investigator should attempt to
learn how recently the assault occurred and how many times abuse occurred.
Generally, the courts have held that information from children under years of age
may not be considered reliable.
4. "Where did it happen?" Most child sexual and physical abuses occur in the home.
Therefore, questioning should try to determine the room in which it occurred and
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where the other family members were and what they were doing at the time of
the incident.
5. Was there any coercion or enticement?" This is to determine if any force or
pressure was used, either physical or psychological, and how much.

The Child Molester

Child molesters represent the most common type of pedophile. The term
pedophile is commonly used by law enforcement and psychology professionals alike
and generally refers to one who engages in some form of child sexual exploitation. The
specific images of the child molest vary greatly. Such images range from "harmless
child molesters who coax or pressure their victims into sexual activity, to be more violent
child rapist who overpowers and threatens his victims, and all variations in between. In
reality, the child molester is not a crazed psychopath but more accurately is a product of
his or her own emotional immaturity.
Herman Goldstein defines this offender as a "significantly older person who
engages in any type of sexual activity with individuals legally defined as children The
term pedophile is also associated with child molester, although the two terms may not
portray the same type of person. That is, a pedophile one whose sexual orientation is
toward children, may harbor thoughts of sexual relations with children but may never act
out such fantasies. Conversely however, it might be a safe assumption to consider most
child molesters, pedophiles, as their sexual desires are, indeed, manifested by sexual
assault.
In most cases of abuse, only one child and one adult are involved, example, a
54- year-old man, who had previously won a community award for his work with youth,
had been arrested for child molestation involving boys as young as 10 years old. The
man would encourage and photograph sexual act between the boys, such as mutual
masturbation and oral and anal sex. He would then have sex with one of them.
A study of 229 convicted child molesters revealed the following information.
Nearly 25 percent of their victims were under 6 years of age. As additional 25% were
ages 6 to 10, and about 50% were ages 11 to 13. Fondling of the child was the most
common sexual behavior, followed vaginal and oral-genital contact. Bribery was most
often used to gain participation of the victims. Studies have shown that the pedophile
has the highest recidivism rate of all sex offenders, approximately 25%. Incidents of
child molestation are believed to be one of the most underreported types of crime. This
can be attributed to several phenomena, including embarrassment on the part of the
child, fears of bearing the blame for the incident, a fear of being labeled after the
incident is exposed, apprehension about the court process, concern that no one will
believe the child victim, and fear of reprisal by the offender.
For investigative purposes, the child molester can be viewed as falling into two
distinct typological categories: situational and preferential. The situational molester
doesn't necessarily suffer from any specified psychological disorder but may commit
such crimes because of one of several external factors. These include intoxication, drug
abuse, mood or mental conditions, or other social conditions. In contrast, the
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preferential molester has sexual desires focusing on children and is typically suffering
from a more identifiable psychological disorder.
Accordingly, studies of child molesters have revealed two psychological types
fixated and regressed. The fixated child molester is one whose primary sexual
orientation is toward children and whose socio-sexual maturation develops as a result of
unresolved conflicts in his or her development. With this offender, children have always
been focus of sexual interests, and sexual contact with age mates have been situational
but never preferred. The child molester will probably not be a stranger to the victim.
That is, statistics has shown that such offenders are not only commonly known but
frequently related to their victims. Examples are:
1. A natural parent or other family member including a stepfather, stepmother, or uncle
2. A trusted adult, neighbor, boyfriend, or other
• A remote acquaintance (e.g., co-Worker.)

The regressed child molester, however, represents a clear (but possibly temporary
departure from a primarv orientation toward agemates, as the child become Substitute
for an adult partner, Unlike the fixated offender, regressed child molester did not
previously exhibit preferences tor younger persons in their formative vea rather, when
adult relationships develop conflicts and become emotionally unfulfilling sexual
attraction to children emerges.

Investigating the Molester

It is important for any investigator to, as fully as possible, understand the
methods used by child sex offenders, When an investigator understands the molester's
desires and intentions, he or she can more adequately seek out the proper evidence for
prosecution. For example, investigations have shown that child molesters frequently
collect pornography and child erotica. Such items will aid the prosecution in establishing
intent or motive of some offenders. Pornography fuels the desires that they harbor
toward sexual contact with children. Studies have shown that child sexual assault is
frequently premeditated act. That is, offenders might only casually consider a particular
course of action (fantasizing) without a specific plan or act, or they might do a more
overt action in stalking and abducting their victim.

Types of Pedophile Sexual Offenders

Child molester (generally nonviolent)
1. Has access through family, enticement or deception;
2. Lures the child, or tricks the child into sex acts; will sometimes pressure the child
into sexual activity;
3. Gives gifts or rewards to the child;
4. Cautions his or her victims against disclosure;
5. Frequently explains that the activity must be kept a "'secret" between the
offender and the child;
6. Gives the child attention, acceptance, recognition in exchange for sex;
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7. Often targets handicapped children because they are loners

8. May target the child of a single parent who may have no male figure in the
immediate family;
9. Child rapist (forcible);
10. Overpowers and controls the child such as do adult rapists;
11. Uses physical force or threats; and
12. Constitute a small minority of sex offenders of children.

Premeditation and Intent

The circumstances of any given incident can show premeditation on the part
of the molester. For example, in one such case, a man boarded a transit bus loaded
with children. The offender was then seated next to a young child, approximately 10
years old, and during the bus ride the man's arm came to be near on the child's inner
thigh or upper leg. Subsequent investigations reveal that the same man was frequently
among a group of children at the time a school lets out and had no business being there.
Here he also used his trick as was used on the bus.

As this case illustrates, premeditation can be demonstrated through comparing

different situations with which the same suspect was involved in establishing an MO. As
indicated, investigators should remember that molesters frequent places where there
are children in their target group. It will help establish the molester's intent and might
also help establish probable cause to stop, detain, identify, and possibly arrest
offenders.

In most cases there is some inducement given the child to keep silent about the
incident. Therefore, such questions could include: "Did he tell you not to tell?"; What did
he say "Did he say something bad would happen to you?"; Did he tell you that you
should keep a secret?"

Physical Evidence in Child Sexual Molestation Cases

1. Camera-video equipment used for taking photographic images of the victim
engaged in sexual acts with the offender
2. Notebooks, diaries, papers, or anything else linking the offender to the victim
3. Negatives or undeveloped film that would depict the victim for other juveniles
4. Magazines, books, or movies depicting juveniles in sexual situations
5. Newspapers, magazine clippings, or other publications listing phone numbers
with other sexual interests that might tend to identify juvenile involved with the
suspect
6. Evidence of occupancy, such as bills, letters, rent receipts, or other mail or
correspondence showing that the suspect resides at a particular location or is in
control of a particular location
7. Any items of physical evidence belonging to the victim or used by the subject in
sexual acts
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Closing the Interview

As the conclusion of the interview, thank and compliment the child on his or her
maturity, responsibility, and cooperation. This is not the time to try to make the child
promise to testify at a later court date. A later meeting would be a better time to do so
because of the child's inability to comprehend what a trial consists of. The parents
should then be given honest and straight toward responses what the next phase of the
investigation will. During this explanation, it would be responses as to helpful to define
the steps in the criminal justice process as it pertains to children, as well as the role of
the parents, for the parent's cooperation and advise them whom they can contact if they
are in need of help or information.

Children as Witnesses
One of the most compelling reasons why children are such formidable victim is
the fact that may be considered incompetent witness in the courtroom. Indeed many
such cases rely heavily on testimony from child victims. If the incident really the child
can be irreparably scarred, but if it did not, the accusation can literally ruin the life of the
accused. Until about a decade, there was little discussion of the possibility of allegations
in child sexual abuse cases. In recent years, however, skepticism has grown, partly
because of sophisticated studies showing that witnesses, especially younger can be
influenced by the biases of interviewers.

Characteristics of Child Victims

In the 8 to 16-year-old age group
1. Unsupervised
2. From unstable home environment
3. From low or average-income families
4. Subject to abrupt changes in moods
5. Not necessarily delinquent
6. In possession of more money than normal, new toys, new clothes, etc. (gifts from
the molester)
7. Withdrawn from family and friends

Sex Offenses and Related Behaviors

(J. Gilbert 2004)
Sex crimes involve human behaviors that are defined by legal statute as being
unlawful. Although sexual deviations are a matter of social subjectivity (what is offensive
in one culture may not be in another), the law of each state has defused that are of
significance to the investigator. A large and increasing number of prison inmates are
sexual offenders. Nearly 90,000 inmates have been convicted of various sex crimes,
comprising 10 percent of the nation's prison offenders. Sexual motivations for a
particular crime are often not obvious. To certain shoplifters, then act of stealing and
concealing an item may involve sexual gratification. On the other hand, the officer will
have no difficulty in determining the sexual basis of indecent exposure.
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Sensitivity and tact must be practiced in investigations involving sex offense

crimes are typically shocking and embarrassing to the victim, and often they involve
children and adolescents. Although an experienced officer may not be shocked a
common sex crime, it should be realized that the victim is likely to be humiliated.
Consequently, the interview and follow up contacts should indicate that the police view
the offense with appropriate seriousness. In all crimes involving juveniles the parents or
legal guardians of the victim should be contacted immediately.

Exhibitionism
Exhibitionism, commonly known as indecent exposure, is an exposure of the sex
organ for sexual gratification. Depending upon the specific stature, there may be no
distinction as to the offender's sex, or the law may apply only to a male exhibitionist.
Some states specify that the victim and offender be of the opposite sex, others make no
such distinction. The exhibitionist is a compulsive offender, who typically follows a fixed
method of operation. Frequently, suspects expose themselves from doorways of
buildings, parked vehicles, or at windows to passersby. The crime tends to be repeated
until the offender is treated or incarcerated.
The majority of exhibitionists are males who lack sexual self-confidence and feel
inadequate and inferior to other males. Often, there is no desire for normal sexual act,
of which the suspect may be physiologically and/or psychologically incapable. Sexual
gratification is derived from the victim's emotional response-generally; they expose
themselves to women with whom they are not acquainted. Sometimes, the offender
calls out to gain attention, then exposes his genitalia and masturbates. Since the
offender is sexually immature and fears normal sexual relations, a young non-
threatening female may be selected. The investigation of this crime generally results in
an arrest. Since the offender is compulsively driven to commit the crime, and modus
operandi are often fixed. Exhibitionists are individuals who have had an abnormal and
incomplete psychological development. Research indicates that a dominating mother
and absent father may be common to many of them.

Voyeurism
Voyeurism is the derivation of sexual gratification from surreptitiously observing
the unclothed body of another. The voyeur, commonly known as Peeping Tom,"is
typically young and may progress to exhibitionism. A disturbed sexual development is
typical of voyeurs, who are often unable to achieve sexual stimulation in a normal
manner. The sexual gratification is achieved only if them presence is concealed: openly
viewing a nude person does not satisfy this kind of deviate.
Like many of the sexual deviates, voyeurs vary in method of operation. Some
become sexually aroused only if they view an unclothed heterosexual couple. Others
may derive pleasure only by viewing a specific part of a female body. Although the
arrest rate for exhibitionism is high, voyeurs are rarely apprehended in the act. When
voyeurs are arrested, they are typically charged with trespassing. Few admit to the
reason for their presence, leading the police to classify them as probable burglary
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suspects An examination of the voyeur's clothing often reveals semen stains resulting
from masturbation during surreptitious viewing, Not all voyeurs progress to conduct sex
crimes, but a significant percentage of rapists and other violent sex offenders have
indicated past histories as voyeurs.

Sadomasochism
Sadomasochism is actually a dual deviation in which sexual satisfaction may be
achieved by inflicting pain on another or by submitting to physical ill- treatment at the
hands of another Sadism named for the French writer of torture stories, Marquiz de
Sade, refers to the infliction of pain; masochism, named for French Austrian writer
Leopold Von Sacher-Masoch, refers to the submission to pain. Sex offenses involving
sadism may result in minor injuries or in a brutal homicide. The sexual gratification of
the sadist is achieved by the discomfort and pain exhibited by the victim. The masochist
may precipitate his or her victimization by purposely seeking out sadistic offenders.
Although a preference is normally shown for one form of the deviance, a Single
offender may exhibit tendencies to both abnormalities. Sadomasochism often involves
bondage, flagellation, and picquerism as the primary elements of sexual gratification.
Bondage refers to sexual gratification from lying or restricting movement in some
manner. Flagellation involves whipping to arouse sexual emotional. Picquerism refers to
gratification achieved from tearing the victims flesh by stabbing, piercing, or slashing.
Occasionally, a homicide will result from combined deviant actions of sadism and
masochism. Sadomachistic encounter are found in heterosexual relationships and they
are also quite common among homosexuals.

Fetishism
A behavioral deviation involving an inanimate object or a specific body part is the sole
stimulator for sexual gratification. Fetishism typically involves a male subject and
inanimate objects such as female undergarments, shoes, handbags, and the like, as
stimulators for sexual arousal. Sexual satisfaction derived through a fetish is not illegal.
The fetishist may however continually engage in acts of theft to obtain the gratification
object. A series of theft from clotheslines or public washing machines, in which female
undergarments are stolen, is apt to involve fetishistic suspect. A fetishist, like the
majority of other sexual deviates, has undergone an incomplete psychological
development. He doubts his masculinity and fears rejection by females.

Certain sexual actions, in all probability, will always be considered illegal by our
society. Whereas certain deviations, such as transvestism, were at one time illegal but
are now non-arrest able, deviations involving human injury will be always considered
dangerous to society. Most people think that society has the right, through its
expression in the law, to govern sexual conduct to a varying degree. The high courts of
United States are the final determiners of the extent of control that maybe imposed.
Investigators should be aware that most sexual deviants are compelled to act on the

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manner that they do. Then, identification and apprehension is an important initial step in
treating the psychological motivation for their behavior.
When sexual offenses are encountered, the investigator should use only
professionally proper terms to describe the offense, rather than words that could be
offensive to a jury. Sang terms should not be used in field notes, reports, or during
courtroom testimony. The following terms are proper descriptors:

Adultery Voluntary intercourse by a married person with someone

other than his or her spouse.
Analingus Use of the mouth or the tongue on the anus of another.
Anthropology The eating of human or the tongue on the anus of another.
Anus The opening at the lower end of to alimentary canal through
which waste is excreted from the body.
Bestiality A sexual act between a person and an animal.
Buggery Anal intercourse, often referred to as sodomy.
Coprophagy The ingestion of fecal excrement to achieve sexual
gratification
Cunnilingus Use of the mouth or tongue on the external genitalia of the
female by a male or female.
Ejaculation The ejection of seminal fluid during a sexual activity.
Fellatio Use of the mouth or tongue on the male sex organ by a male
or female.
Flagellation A whipping or flogging that characterizes an abnormal
eroticism.
Fornication Sexual intercourse between unmarried persons
Frottage Sexual gratification achieved by pressing or rubbing against a
person.
Gerontophilia The preference for an elderly person as one's sex partner
Impotence The inability to perform sexual intercourse
Incest Sexual intercourse between persons too closely related to
marry legally
Infibulation The masochistic self-torture of ones own sex organ
Necrophilia Sexual attraction to, or intercourse with, dead body.
Pederasty Anal intercourse with young male.
Piquerism Sexual inclination to cut, stab, or pierce the flesh of another
person.
Pyromania Uncontrollable impulse to set destructive fires to secure
sexual satisfaction.
Tribad A female homosexual who assumes the role of the male
during sexual acts with a passive partner.
Troilism An exhibitionistic desire to perform sexual acts with several
partner, or in the presence of a number of people.
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Criminalistics Applications
Any type of evidence mav be encountered in sex crimes, however, in may of
them, semen will constitute the primary evidence item, The presence of semen may
also be noted in scenes other than those of obvious sex crimes. Accordingly the
investigator should be aware of the identification characteristics of semen.

Semen
Semen is the male reproductive fluid that normally contains spermatozoa, the
male reproduction germ cells. The presence and appearance of spermatozoa is highly
important to the value of semen as a tracing clue. Spermatozoa are long structure with
rounded head, giving the cells the appearance of tadpoles. Sperm cells cannot be seen
without microscopic aid and are generally very numerous in a fresh sample. Following
their discharge from the male, the cells typically remain in an active state for up to 15
hours, They will become inactive and deposited within the body of the female may
remain intact for lengthy periods of time.
Not all seminal samples contain Spermatozoa for conditions prohibit their
presence. Because of the extremely fragile nature of sperm cells, improper handing
may destroy them. Additionally, some suspects may have an aspermia condition-a lack
or spermatozoa in their semen. Spermatozoa may also be lacking as a result of certain
venereal diseases that cause the sperm cell to be eliminated. If the sample is to be
tested for DNA, the evidence should first be tested to determine whether it contains
sperm. lt is the sperm cell that actually contains DNA, not the seminal fluid.

Seminal stains are found in three basic localities: on the victim, within the crime
Scene, and on the suspect. Semen located on the suspect is of the least value to the
investigator, for its presence cannot document the criminal offense. Semen located on
the victim is of significant value and may be located on an exterior surface of the body
or within a body cavity. Semen is often located within the crime scene, normally in the
specific area of the sex offense. Any physical evidence from the crime scene that bears
suspected semen stains such as bed sheets, towels, washcloths, paper towels, toilet
paper or tissue paper should be collected. Stained areas believed to exhibit evidence of
the assault should be described or highlighted for later analysis by forensic experts.
When semen evidence is submitted to the laboratory, the criminalist employs testing
methods to initially determine if the stain is indeed semen. Following the discovery of
semen in a specific area of a garment, the sample is converted into a liquid solution for
microscopic examination, The most common chemical test is known as acid
phosphatase test. This examination tests for the presence on an enzyme that is
secreted by the prostate gland into the semen.
The various properties of seminal fluid can be of importance in specific semen.
suspect Identification. Initially, the appearance of the spermatozoa is analyzed as to
dimension and presence of abnormalities. The blood type of the suspect can usually be
determined through a c chemical analysis of the semen. Approximately 75% of human
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being secrete evidence of their blood type into their bodily fluids. Accordingly, chemical
analysis of a secretor's semen, saliva, gastric juices and other physiological fluids will
reveal blood type.

Collection Procedures
In all sex offenses, the victim should always undergo an examination by
physician. The physician should be directed to take smears of the body cavities for
seminal fluid. Any garment that mav contain semen should be collected from the victim
and scene for laboratory analysis. Because semen will fluorescence under the
ultraviolet radiation, the use of a portable ultraviolet lamp (black light) will aid the officer
in locating the semen evidence. When the evidence is located on the fabric surfaces,
the dried semen will have a stiff, starchy feel. If the semen is still wet or damp, the
evidence should be dried completely before packaging. Damp semen evidence may
undergo alteration and decomposition if packaged before it has completely dried.

Handling of evidence containing seminal fluid should be kept to a minimum. If

Clothing is recovered that does not have obvious seminal stains, it should be submitted
to the laboratory. If there is any indication that it may contain traces. All evidence items
should be rolled in paper and placed in separate containers. The evidence container
should be of paper construction rather than plastic, as the later material may cause
contamination.

Condom Trace Evidence

General knowledge of DNA's identification potential is becoming more
widespread among the criminal population, and more suspects are taking precautions to
avoid leaving bodily fluids at crime scenes. Rape is no exception: offenders are
increasingly wearing condoms during their attacks and purposely taking the evidence
item with them to avoid any possibility of DNA identification. A study by the Las Vegas
Metropolitan Police Department revealed that 34% of the rapes during a recent year
involved suspects who wore condoms. Although condoms may successfully eliminate
the discovery of fluids necessary for DNA profiles, valuable trace evidence may still be
present as a result of their use. Manufacturers use condoms using a variety of materials,
both natural and synthetic. As each manufacturer has its own formula, the various
lubricants, powders, and spermicides commonly left by condoms can assist the
investigator in many ways. After samples of condom residue are obtained by medical
personnel, the individualized traces can provide evidence of penetration necessary to
establish the corpus delicti of rape. Traces may also be used to identify specific brand of
Condom, which can assist in linking a suspect to the scene if similar brands are located
in his auto or residence. Finally, acts of serial rape may be linked to a single suspect by
comparison of condom residues.

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