CHAPTER VII

RAPE AND SEX CRIMES INVESTIGATION

INTRODUCTION

The investigation of rape and other sex crimes represent a significant challenge for the criminal
investigator. The manner in which the investigation is conducted can have an impact, not only on
a successful conclusion in court, but also on the psychological and social well being of the
victim. Sex crimes, unlike most other criminal activity, are likely to leave an emotional scar than
can last a lifetime.

Focusing on the crime of rape, it is important to recognize that virtually all sex-related offenses
demand special attention. To begin with, interviewing the victims, witnesses, and even offenders,
requires a high level of compassion and skills.

Frequently, th success of the investigation will also depend on the collection of physical
evidence. The nature of proof in sex offenses, unlike most other crimes, traditionally has
required some corroboration, other than the victim’s testimony.

Sex crimes also arouse the concern of the community and, likely, there is public pressure on the
law enforcement agencies to solve the case. If not handled properly, this pressure can contribute
to a faulty and hasty investigation.

RAPE: WHEN AND HOW IT IS COMMITTED

Rape is committed by a man who shall have carnal knowledge of a woman under any of the
following circumstances:

1. Through the use of force, threat or intimidation

2. When the offended party is deprived of reason or otherwise unconscious.
3. By means of fraudulent machinations or grave abuse of authority.

Rape is also committed by any person who, under any of the circumstances mentioned in the
preceding paragraph, shall commit an act of sexual assault by inserting his penis into another
person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.

CORPUS DELICTI
The following are the essential elements of the crime of rape:

1)Elements of rape under the first paragraph:

1. That the offender is a man.
2. That the offender had carnal knowledge of a woman.
3. That such act is accomplished under any of the following circumstances :
a. By using force or intimidation.
b. When the woman is deprived of reason or otherwise unconscious.
 c. By means of fraudulent machinations or grave abuse of authority.
d. When the woman is under 12 years of age or demented.

2) Elements of rape under the second paragraph:

1. That the offender commits an act of sexual assault.
2. That the act of sexual assault is committed by any of the following means:
a. By inserting his penis into another person’s mouth or anal orifice.
b. By inserting any instrument or object into the genital or anal orifice of another person.

3. That the act of sexual assault is accomplished under any of the following circumstances:
a. By using force or intimidation.
b. When the woman is deprived of reason or otherwise unconscious.
c. By means of fraudulent machination or grave abuse of authority.
d. When the woman is under 12 years of age or demented.

WHO CAN COMMIT RAPE

Under Republic Act No. 8353, entitled “The Anti-Rape Law of 1997,” the crime of rape can now
be committed by a male or female. Before its amendment, rape could only be committed by a
male person.

OFFENDER PERSONALITY TYPES

No specific personality profile can apply to all rape suspects. However, criminal behavioral
experts agree that nearly all rapists can be generally categorized as follows:

1. Power-Reassurance Rapist
The power-reassurance rapist psychologically doubts his masculinity and seeks to dispel this
doubt by exercising ! power and control over women. Commonly encountered in stranger-to-
stranger rapes, this type of suspect frequently I plans his attacks through surveillance of the
victim. Using a minimal amount of force, the power-reassurance rapist generally continues to
rape in an ongoing cycle until apprehended. Power-reassurance rapists may show remorse, fol-
lowing an attack, and seek to apologize or exhibit guilt in some other fashion. Such remorse is
only temporary or altogether false, as the suspect will, typically, continue to seek dominance
through additional attacks.

2. Power-Assertive Rapist
The power-assertive rapist asserts their masculinity and dominance over victims. In contrast to
the power-reassurance rapist, this type of rapist does not doubt his masculinity, but uses rape as a
form of symbolic power over women. The power-assertive rapist is often skilled at social
deception and may befriend or know the victim prior to the attack. When the suspect perceives a
safe time and place for the attack, he will exhibit his true personality and aggression to
overpower the victim. A significant number of acquaintance rapes, commonly referred to as
“date rapes,” are attributed to this variety of offender. Generally, the power- assertive rapist uses
more severe force than that exhibited by the power-reassurance rapist.
3. Anger-Retaliatory Rapist
This third type of rapist uses extreme anger to retaliate, psychologically, for real or imagined
past wrongs associated with women. The anger-retaliatory rapist’s modus operandi is
characterized by a highly violent attack and his motivation to punish or degrade the victim.
Generally, such suspects do not plan their attacks. Rather, they impulsively select and attack
victims based on similarities in appearance to a past female figure. Victims are typically
strangers who are overcome by a sudden, overpowering physical assault which causes serious
physical injury, requiring hospitalization.

4. Sadistic Rapist
Whereas extreme anger characterizes the retaliatory rapist, the sadistic rapist displays the
greatest amount of hostility towards his victim. Sadistic rapists purposely inflict pain beyond that
necessary to subdue the victims. For him, the visible suffering is found sexually arousing. Owing
to a highly abnormal psychological conditioning, the sadistic rapist is, generally, capable of
achieving sexual gratification only through extreme violence. After extensive planning, the
suspect purposely selects a stranger as his victim, immobilizing and transporting the victim to an
isolated environment for a prolonged attack. It is fortunate that sadistic rapists are the least
common type of rapists, as their attacks have the highest probability of ending in criminal
homicide. Most sadistic rapists are highly compulsive and have a strong ritualistic modus
operandi which they may record during the rape.

5. Opportunistic Rapist
The final type of rapist, the opportunistic rapist, is generally one who, in association with the
commission of an initial offense, commits rape as a secondary offense. For example, a robbery
suspect, encountering a lone victim during the course of a commercial robbery, may impulsively
rape. This is the only true type of rapist whose motive is directly sexual. The suspect uses only
that level of force necessary to commit the rape and often binds the victim prior to exiting the
crime scene. Some report a high percentage of opportunistic rapists to be intoxicated or under the
influence of drugs during their attacks.

INVESTIGATIVE PROCEDURES

The investigation of rape and other sexual offenses calls for maximum tact and professionalism.
In many cases, the I investigator is confronted with the dilemma of the legitimacy of the victim’s
report, adding to the difficulty of the interview. Was it a legitimate rape or will the facts indicate
the report to be unfounded? All crime reports are examined with regard to the possibility that
they may unfounded. Yet because of the trauma connected with rape, this determination is often
difficult to make without considerable distress to the victim. If the report is legitimate, the victim
must be treated with understanding and sympathy. To determine the offense, the officer must ask
specific questions regarding the actions of the offender during the rape. However, such questions
may be interpreted, by a legitimate victim, as indications of the investigator’s suspicion
regarding the validity of her report.

In the past, many people thought that rape victims were doubly victimized, first by the rapist and,
subsequently, by the criminal justice system. It cannot be denied that some victims were treated
with a lack of understanding by the police, medical personnel and prosecution officials. The old
stereotype of the rape victim somehow1 “asking for it,” no doubt influenced a number of people
in their tactless questions. and skeptical actions toward the legitimate victim. Fortunately, a more
enlightened attitude is now prevalent. Current rape investigative procedures are professional, not
only in the matter of victim questioning, but in all areas of subsequent judicial inquiry

The investigative method, utilized by a given law enforcement agency in a rape offense, is
determined by the size of the agency. Generally, medium-sized law enforcement agencies have
specialized women’s desks or an investigator who is qualified to handle the rape inquiry. Several
major law enforcement agencies have administratively combined units that investigate rape
cases, juvenile delinquencies, domestic violence and child abuse.

INTERVIEW OF VICTIM

The initial response to a report is typically made by the first responders. Thus, the patrol officer
has a critical role 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 second party.
Rapes involving children and adolescents are likely to be reported by a parent or other adults.
Upon arrival at the crime scene, the first responders must first attend to any first aid needs
that may be necessary. If emergency medical attention is not immediately needed, a
description of the offender should be obtained and broadcasted. Obviously, the immediate
broadcast on an offender’s description is not indicated if the report is “cold,” that is, if it
occurs many hours or days after the rape.

Although the initial action is to dispatch patrol units to the crime scene, it is much better to send
specialized investigators to take the initial report. These specialized investigators are supposed to
be composed entirely of female investigators who report to any crime scene in which a victim
requests a female investigator or to any crime scene in which the first responders feels their
presence is required. The women’s desk was formed on the assumption that many victims do not
feel comfortable being interviewed by a male investigator following the rape.

Unless all members of the patrol force 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 the description of the offender. They should not
detail sexual aspects of the crime. All sensitive aspects of the attack and the offender’s modus
operandi should be determined, as soon as possible, by an investigator with special sex-crime
handling.

Generally, the rape interview is a traumatic experience for the victim. Regardless of the tact of
the interviewing investigator, 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 modus operandi
of the suspect. 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: lack of consent, amount of
force, sexual penetration, extent and type of sexually deviant acts, modus operandi of the suspect
before the attack, modus operandi of the suspect during the attack, modus operandi of the
suspect following the attack, acquaintanceship between suspect and victim, and description of
the suspect.

The rape victim should be interviewed in an environment that puts her at ease, preferably
in an isolated area free from distractions and other people. Although others may wish to stay
with the victim during the interview, their presence is often unnecessary and embarrassing.
Typically, as a result of the offense, victims experience shame, guilt and anger. The investigator
should realize that, in addition to the physical attack upon the body, the victim’s emotional
sensibilities have been injured. The victim may be outwardly hysterical or appear quite calm and
unaffected by the offense. Victims who do not cry or, otherwise, appear emotionally distraught,
may be internalizing their true feelings. For this reason, a composed victim should not be
automatically suspected of giving an unfounded report.

Such symptoms are collectively referred to as rape trauma syndrome which, in addition to
affecting an unusually calm and relaxed appearance, can cause a victim to delay reporting the
rape for days or weeks. During the interview, questions must be asked regarding the sexual
conduct exhibited by the offender during the attack. The phase of the questioning is often the
most difficult for both investigator and victim. The investigator should not appear embarrassed
when asking questions pertaining to sexual conduct.

If the victim cannot verbally state what happened, a female investigator should be brought
to the scene to obtain the information. It has been demonstrated that the sexual conduct of the
offender can be learned, with greater ease and in more detail, by means of female-to-female
questioning. Some law enforcement agencies have a pre-printed checklist of sexual acts that
embarrassed victims may complete, rather than answering aloud. After victims have completed
such lists, they often find it much easier to detail the offenses to the investigator.

Certain types of phrases should be avoided during the phase of the questioning. For example, the
investigator should ask “Did the attacker penetrate your private part?” rather than “Did you and
the attacker have sex?” Questions that imply that a victim may have taken the initiative or that
suggest possible complicity during the attack should always be avoided. Proper questions should
be specific as to the offender’s sexual conduct. Questions that are loosely phrased will only
encourage the victim to reply with a “yes” or “no” answer to avoid embarrassment. If the
investigator asks, “Did the suspect do anything to you other than sexually assaulting you?” the
victim may respond negatively rather than detail an embarrassing deviant act.

As a result of thorough victim questioning, the investigator should be able to determine the
offender’s experience level. The novice or first-time offender will take minimal or obvious
actions to disguise his identity. Action limited to wearing of a mask, changing voice tones,
binding or ordering a victim not to look, all indicate a naive suspect unfamiliar with modern
medical and police technology. However, the experienced rapist’s modus operand! will illustrate
his past knowledge and encounters with the criminal justice system. This type of suspect often
disables the victim’s phone, wears surgical gloves or forces the victim to wash herself or the
items he has touched.
As in most interviewing, situations, the specific questioning technique must be tailored to the
behavioral nature of the criminal. With rape and related sexually-oriented offenders, two general
questioning techniques can be used: the contact suspect method or the aggressive suspect
method. The contact rapist tends to know the victim through either a casual or business
relationship. Contact rape, also commonly termed “date rape,” occurs with a high frequency,
although its reporting level is low. Contact rapists believe men should be aggressive in their
relationship with women and have sexual stereotypes that bind them to a woman’s signal of
unwillingness during a dating relationship.

Accordingly, this type of offender does not view emotionally coerced sex as a crime and may
also engage in using physical force. Although contact offenders do normally feel some degree of
remorse, they feel no criminal culpability, believing they have not committed a crime.

Successful interview methods for this type of suspect should minimize the moral seriousness of
the crime and suggest that others, in similar circumstances, would probably do the same thing. In
order to obtain an admission of guilt or a full confession, the offender’s actions should be
portrayed as a normal, healthy male response. Although distasteful to the interviewer, “blaming”
the victim during questioning often reduces the offender’s resistance and associated feelings of
guilt.

In contrast to contact offenders, aggressive rapists typically do not know their victims, feel no
remorse and are far more likely to use high levels of force to accomplish the crime. Unlike many
contact suspects, this variety of rapist is motivated by power and control rather than sexual plea-
sure. Often an appeal to the suspect’s ego will aid the interview process and will invite bragging
which often leads to an admission of guilt. Since many aggressive rapists view women as
insignificant and himself as highly macho, questions that “condemn” the victim and flatter the
suspect often produce positive results.

Another interviewing technique that is successful in dealing with rape offenders is the fantasy-
based interview. Most rapists engage in extensive mental rehearsals or fantasies, which are
actually mental exercises for their future crimes. Offenders may fantasize about the details of
their attacks, for varying periods of time, before committing the rape, giving investigators a time
period for intervention.
When suspects are arrested for other type® of criniea but exhibit behavior or have backgrounds
that indicuit* ’ possible sex offender profile, the fantasy-based interview should be instituted.
Acting more as a friendly counselor than a stern investigator, the interviewer should motivate the
suspect to discuss his ’fantasies openly. This can be accomplished by making the suspect feel
safe, persuading him that everyone has fantasies and speaking in the language and tone a
therapist would use. When the‘suspect does reveal hi» rape-oriented fantasies, the detailed
modus operand I should be matched to solve offenses or use as a blueprint for future undeterred
crimes.

MEDICAL PROCEDURES

Rape victims, should be transported to a medical facility, as soon as possible, following the rape.
The hospital procedure will accomplish two primary objectives: treat the victim for personal
injury and collect evidence of investigative significance. So-called “rape kits” are now
commonly used to collect and preserve evidence obtained during sex crime medical
examinations. While the kit may be furnished to medical personnel by the law enforcement
agencies, most hospitals typically have their own. The kit contains various items that are
used to examine and package evidence obtained from the victim’s person.

For evidentiary reasons, the investigator should ensure that all items used are absolutely sterile
and free from contamination. Many victims are very apprehensive regarding the medical
treatment and often feel more at ease with other women. Citizen groups and domestic abuse
personnel are frequently available to lend support to the victim, as are various victim and witness
support organizations. Although many physicians and nurses are now aware of proper evidence
gathering procedures, the investigator should ensure that all necessary steps have been completed
before the release of the victim.

Although a rape victim cannot be forced to undergo a medical examination, the investigator
should explain the necessity and importance of the procedure, stressing that it is essential for the
prosecution of the perpetrator. The medical examination of the rape victim includes the
following:

1. Apparent emotional status of the victim.

2. General appearance of the victim and her clothing.
3. Observation of external bodily signs of trauma.
4 Internal examination of bodily areas involved during the assault, typically genital, oral and anal
locations.
5. Specimens of external and internal semen.
6. Cultures for determining possible venereal disease.
7. Fingernail scrapings for blood and other traces.
8. General examination and collection of hairs, fibers and other possible offender-tracing clues.
9. Photographs to illustrate physical trauma.

Interviewing rape victims pose many challenges to the professional criminal investigator. In
addition to providing a detailed statement under difficult conditions, many victims are
understandably distracted during the interview with health risk concerns due to sexually-
transmitted disease or pregnancies as a result of the attack.

Physical health anxieties may block communication during the questioning, but other
apprehensions can even more obstructive to gathering investigative data. Rape victims
cannot be expected to concentrate fully on complete and accurate answers to investigative
Inquiries until such concerns and fears are adequately addressed by the investigator directly or
referred to counselors trained to assist victims of violent, interpersonal crimes.

CRIME SCENE PROCESSING

The crime scene of the rape should be processed without delay and, in doing so, the investigator
should bear in mind that type of offense and th,e necessary level elements that must be proven.
In an effort to demonstrate the victim’s lack of consent and the offender’s use of force, every
type of evidence indicative of these factors should be recorded. Initially, the crime scene should
be recorded through photography.

The photographs should indicate the general appearance of the crime scene, with any indication
of struggle clearly apparent. Following the general photographic survey of the crime scene,
specific items of evidence such as torn clothing, semen stains and all other significant items,
should be recorded in close-up photographs.

If the rape occurred outdoors, the victim may be asked to return to the locality to indicate the
exact area of the attack. Discretion should be used in returning the victim in the crime scene as a
revisit may be emotionally distressing. Outdoor crime scenes have a good possibility of yielding
soil-tracing evidence and shoe Impressions of the offender. To cover the possibility that the
offender has deposited soil or taken away soil from the crime scene, representative samples
should be taken.

Impressions of the offender’s shoes or tire tracks may also be present. Care must be taken not to
destroy this fragile type of evidence by inadvertently stepping through an impression. Thus, if
the crime scene is searched at night, portable lights should be used for illumination, prior to any
search activity.

Regardless of the rape locality - building, motor vehicle or outdoor crime scene — certain types
of evidence are likely to be encountered. Clothing from both the victim and suspect may be
scattered about. AU undergarments, other clothing, beddings and other significant articles should
be collected. This evidence will be examined to reveal the presence of semen, blood or hair.
Under no conditions should the items be packaged together or otherwise contaminated.

Many victims will still be wearing the clothing worn during the rape, but others will have
destroyed or washed the clothing prior to reporting the offense. The investigator Should not be
unduly suspicious if clothing has been destroyed or washed, for the victim often associates the
soiled clothing with the repugnant nature of the offense. If the victim is still wearing the clothing,
she should be instructed not to wash or destroy the garments. A change of clothing should be
taken to the hospital and the original garments connected for laboratory examination.

The majority of rapes occur indoors, either in the victim’s residence or another type of structure.
Rape crime scenes should be processed for latent fingerprints, since the sexual nature of the
offense often precludes the use of gloves. The victim should be specifically questioned as to the
items handled by the offender. Additionally, the victim should be asked to note any missing
property. The possibility of forced entry should always be investigated, although the victim’s
statement will generally yield information in this regard.

Doors and windows may offer tracing clues such as tool marks, broken glass and paint samples.
As in all criminal investigations, a thorough neighborhood check should be conducted. To
facilitate the witness-questioning process, the victim should indicate the identity of all persons
who had knowledge of the offense prior to the police report. The witnesses will then be
questioned to determine any additional information revealed to them and to document a report
that is delayed.

SEARCH OF RAPE SUSPECT

In the event that a suspect is apprehended within a reasonable period of time, following the
offense, valuable items of evidence may still be present on his body or in his possession.
Following a thorough search for stolen property, all appropriate clothing should be confiscated
for laboratory examination. The clothing description furnished by the victim will generally
indicate whether the offender has changed clothing.

If information indicated a clothing change, a search warrant should be obtained to locate the
clothing worn during the time of rape or other items that can be traced to the crime scene. The
close physical contact between offender and victim, including sexual intercourse, often results in
the exchange of hair, blood or fiber evidence. Accordingly, the offender’s garments and body
may reveal the presence of such evidence.

Occasionally, a rape or sex-related homicide may involve bite marks on the victim. Photographs
and casts should be taken of the wounds and the offender’s teeth in all situations that indicate
this procedure. The matching of bite impressions to a specific suspect’s teeth has been upheld, in
several courts, as a means of positive identification.

Apprehended rape suspects may agree to be interviewed by the criminal Investigator. Some
serial rapists are psychopathic and do not internalize remorse following their crimes. However,
most are not psychopathic and experience guilt. Accordingly, the Investigator should emphasize
to the suspect that he can relieve the inner feelings of wrongdoing through a confession while
continually stressing, throughout the interview, the unacceptable nature of rape. Because rapists
are highly compulsive and tend to commit their crime in a serial fashion, the investigator should
obtain as much detail during the interview as possible.

Linking information can then be used to connect the past rapes to the suspect. Once the suspect’s
identity and address are known, a search warrant should be executed as soon as possible. All
items that may be connected to the present investigation and to past cases, should be secured and
removed for analysis. While searching for incriminating evidence, the investigator should be
aware of certain characteristics of serial, rapists:

1. They often do not wear disguise.

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, 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 a ritualistic modus operandi, it
will occur with great probability.
6. If the suspect is the sadistic type, he will often retain . instruments used to torture a victim and
may have
photos, videotapes or audio records of the attack itself or phone calls to the victims, Within their
residences or motor vehicles.

PHYSICAL EVIDENCE IN A RAPE CASE

As with all investigations, identification, collection and preservation of physical evidence are the
primary responsibility of the investigator. Rape cases are somewhat unique in that physical
evidence may present itself in three general areas. Rape physical evidence can be located on the
crime scene, on the victim and on the suspect or at locations occupied by the Suspects.
Additionally, physical evidence in rape case may take in many forms. Therefore, after the first
responders have given the necessary first aid to the rape victim, a determination of the
circumstances surrounding the attack must be made.

The investigators should recognize that sex crimes may occur in multiple locations. Care should
be taken to quickly identity multiple crime scenes and immediate steps should be taken to protect
them. The goal of the crime scene search is to locate physical evidence that will link the victim
and the offender to the crime scene, establish that sexual relations took place, establish that force
was used and establish the offenders role or activity.

Establishing a link between the victim, offender and crime scene may be necessary in cases
where the offender denies being present or claims that the victim was not present. This link has
great investigative and probative significance.

In order to establish rape, it is necessary to prove that penetration, however slight, took place.
This is usually accomplished through a medical examination which may show that intercourse
took place. However, laboratory analysis may be hampered if the victim has taken a shower or
douche. Analysis can also be impeded if the victim had intercourse with another individual prior
to the rape or was attacked by more than one person.

RAPE EVIDENCE KIT

Pre-assembled kits for rape evidence collection can be found in many different configurations
and can be quite useful to the investigator. Typically, directions for proper use are included to
avoid confusions and error. Commonly included are forms covering medical examination and
interview of the victim; consent concerning authority to disseminate victim-related information;
consent regarding evidence obtained from the victim; and chain of custody documentation.

These documents are best constructed as cooperative efforts between the investigator and
medical professionals who treat sexual assault victims. Many evidence recovery procedures can
be incorporated into a rape evidence collection kit. Essential elements of the kit include head hair
brushing comb, pubic hair brushing comb, packages for head and pubic hairs collected (both
known and suspected samples), vaginal swabbing, oral swabbing, anal swabbing, fingernail
scrapping and miscellaneous debris collection.

The acquisition of known biological samples is basically the same for both the victim and
suspect. Accordingly, trace evidence can be collected in similar fashion. In fact, the component
of the victim-oriented assault kit serves as a good guide for kits used on a suspect.

RECORDS AND OTHER SOURCES OF INFORMATION

The use of records and other sources of information, in a sex crime, follow a general pattern.
However, a number of additional sources of information should be pursued, The initial inquiry
should be addressed either to the criminal records office or to. the crime analysis office. A sex
offender may have a prior arrest record, although not necessarily for rape. If another crime
accompanied the rape, such as theft or robbery, it is possible that the perpetrator committed the
sex offense as a “target of opportunity.”

A computerized record system may be able to assist the investigator in Identifying possible
suspects, based on physical description, prior arrest or modus operandi. The crime analysis office
may help in recognizing similar cases that can be compared to the present one. This effort should
include queries to surrounding places and, if the information obtained provides additional details,
it is wise to follow up by querying other law enforcement agencies as well.

Unlike in most other crimes, the sex offense may have a “specific” motive known only to the
perpetrator. Do not assume that it was solely for sexual gratification. The nature of the attack
may also provide valuable clues. The type pf weapon, geographical location, time of day and
suspect’s actions can all link him to other crimes or to past activities. In addition to law
enforcement records, the investigator must also explore some other sources.

PROFILING OFFENDERS

In recent years, more particularly in foreign countries, emphasis has been placed on the
development of rape offenders’ profile. The rape offenders’ profile is based on the theory that an
individual displays unique characteristics in personality, crime scene behavior and modus
operandi. The investigator should be aware that many of the common assumptions about rape
and rapists are inaccurate.

Many rapists are married. They are not necessarily oversexed and are not necessarily women-
haters. Most are employed, but some are not, and their intelligence levels vary significantly. On
the other hand, there are likely to be clues in the crime itself that can assist the investigator and
that are believed to be subject to profiling. As earlier stated, the majority of Offenders are not
psychotic, but virtually all of them have a deeply-rooted psychological problem.

The investigator may find that a profile of the offender will assist in reducing or narrowing the
range of potential suspects through identification of age, and social and demographic
characteristics.

Profiling aids a reasoned, systematic process for the investigation of rape and reduces the
possibility of investigative error. In sex-related homicides, there is a good possibility that the
offender will strike again or that he has committed other crimes. Although the techniques for
investigating a sex-related homicide are similar to those in any homicide investigation, this type
of crime has unique characteristics which should be considered.

The motivation of the offender may or may not have been homicide, but in most cases the
perpetrator set out to commit sexual assault. An exception to this is a sex-related homicide
during a theft or robbery in which the offender rapes and kills merely because a victim is present.
Of particular importance is the length of time the perpetrator remains at the crime scene. The
longer he is there, the higher the probability of leaving trace evidence and other Information
which may assist in developing background information. Also, because the offender is likely to
commit more than one attack, it is possible to bring together information from other crimes to
develop a database.

As with the investigation of many other types of crimes, one of the best methods for solving rape
and sexual assaults cases is to understand the offender’s motivation. The use of the rapist profile
can aid the criminal investigator in understanding the behavior patterns of the suspect. Profiling
will not solve rape cases but will assist in the investigation by focusing on confirming certain
events at a crime scene or by eliminating suspects.

FOLLOW-UP ACTIVITIES

The investigation of sexual assault requires an objective and reasoned approach. A sympathetic
understanding of the trauma of the victim should be combined with an unemotional attitude
toward the suspect. The investigator should not judge or let emotional emotions interfere with
the investigation. His or her primary tasks are to identity the perpetrator and build a case for
prosecution. However, the emotional factors involved in such investigations create a greater
probability of making mistakes. When suspect has been identified, the investigator should
carefully check om the alibi and any other items of information that might serve to support the
suspect’s statement.

The use of cartographic sketches, Identity-Kit images or computerized graphics can be of

particular use if the victim or witness can provide detailed descriptive information. However, the
investigator should recognize that eyewitness identification frequently is flawed. For this reason,
identification through cartographic sketches, photographs or even line-ups should be considered
with caution. All too often, there is a tendency to couple the eyewitness identification with a
prior record as a basis for prosecution, Such evidence, though valuable, should be combined with
a thorough investigation that endeavors to tie the suspect to the crime scene, to link him to the
victim and to counter any defense contentions of mistaken identity.

In many cases, the offender will say that the victim actually induced the crime. Such claims may
be difficult io prove in court. However, it is the investigator’s responsibility to explore all
contentions, keeping in mind that the victim’s reputation does not have any bearing on whether
or not she was assaulted. Although interviews are an important part of this phase of the
investigation, there are other ways in which an individual’s statements can be verified or dis-
proved. Contradictory statements, errors of fact and descriptive comments should be explored
during interrogation. For this reason, it is important to keep good notes and to record statements
if possible.

As the case progresses and more information becomes available, the investigator should maintain
a set of cross- reference files for ease of access and comparison. Furthermore, because there may
be information available from other cases or from prior records, information management is
particularly important.

In cases where a suspect has a prior record, It is frequently useful to review court records of
cases and investigation reports for information. Information on modus operandi, accomplices,
weapons, locations and statements may all prove important. It is important that photographic
evidence be reviewed carefully. The investigator should scrupulously review the crime scene
sketches, laboratory reports and witness statements. The review of evidence is particularly
important in preparing the case for prosecution.