Criminal Investigation

TEN
Sex-related Offenses

eighth edition

Swanson Chamelin Territo

McGraw-Hill
2003, The McGraw-Hill Companies, Inc. All rights reserved.

LEARNING OBJECTIVES
List and explain the classifications of sex offenses List and explain the four types of sexual murder Discuss interview procedures and investigative questions for sexual assault cases Explain why women do not report rape to the police and the motivation for false rape allegations Outline the types of physical evidence collected in rape and sexual assault cases Discuss the importance of condom trace evidence Identify the use and effects of Rohypnol and GHB Assess investigative and evidence collection techniques for drug-facilitates sexual assaults Recognize common characteristics of sexual asphyxia, or autoerotic death Describe a psychological autopsy
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CLASSIFICATION OF SEX RELATED OFFENSES Serious Sex Offenses

Sex offenses of this type, such as rape or sexual battery as it is also called, are high-priority offenses

Nuisance Sex Offenses

Included in this classification are such acts as voyeurism and exhibitionism

Sex Offenses Involving Mutual Consent

Sex offenses of this nature involve consenting adults whose behavior is deemed illegal by various state and local laws

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RAPE-MURDER CLASSIFICATIONS
Keppel and Walter developed a model for understanding rape-murder by examining:
behaviors homicidal patterns and suspect profiles of convicted sexual murders
Power Reassurance
Rape is planned; murder is not planned
Power interest

Power Assertive
Rape is planned; murder is not planned
Power interest

Anger Retaliatory
Rape and murder are planned
Anger driven

Anger Excitation
Rape and murder are planned
Anger driven

Killers increasing aggression toward the victim ensures control

Killer acts out fantasy and seeks reassurance from the victim

Killer seeks revenge for anger toward another person by attacking a symbolic victim

Killer engages in prolonged torture, exploitation, and/or mutilation, thereby energizing his fantasy life

(Source: Robert D. Keppel and Richard Walter, Profiling Killers: A Revised Classification Model for Understanding Sexual Mur der, International Journal of Offender Therapy and Comparative Criminology, 1999, Vol. 43, No. 4, p. 420.)

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RAPE OR SEXUAL BATTERY

A legal term defining the crime of a person having sexual relations with another person under the following circumstances: against the person's consent; while the other person is unconscious; while the other person is under the influence of alcohol; with a person who is feeble minded or insane; and with a child who is under the age of consent as fixed by statute.

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INTERVIEW PROCEDURES AND INVESTIGATIVE QUESTIONS/SEXUAL ASSAULT CASES Type and sequence of sexual acts during an assault
To determine the motivation behind a rape, it is imperative to ascertain the type and sequence of the rape

Verbal activity of rapist

A rapist reveals a good deal about himself and the motivation behind the assault though what he says to the victim

Verbal activity of victim

The rapist may make the victim say certain words or phrases that enhance the rape for him

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INTERVIEW PROCEDURES AND INVESTIGATIVE QUESTIONS/SEXUAL ASSAULT CASES (cont'd) Sudden change in rapist's attitude during the attack
The victim should be specifically asked whether she observed any change in the attitude of the rapist during the time he was with her

Theft during rape

Almost without exception, police record the theft of items from rape victims

Delayed reporting
If the victim has delayed making a complaint, the investigator should establish the reason

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RAPE VICTIM
The teenager victim in this case was:
raped mutilated had her arms chopped off

(AP Photo/Tampa Tribune, David Kadlubowski)

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WHY WOMEN DO NOT REPORT RAPE TO THE POLICE

Lack of belief in the ability of the police to apprehend the suspect Worries about unsympathetic treatment from police and discomforting procedures Embarrassment about publicity, however limited Fear of reprisal by the rapist

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WHY DO WOMEN SOMETIMES MAKE FALSE RAPE ALLEGATIONS? Prostitutes who have not been paid Females caught in the act of sexual intercourse by relatives, friends, or law enforcement officials Women who cannot explain an unwanted pregnancy Women who want to cause difficulty for some man because of a real or imagined interpersonal conflict

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THE VICTIM AND PHYSICAL EVIDENCE

Instructions to the Victim
The officer responding to a reported sexual assault should make a great effort to ensure that any evidence that may be on the victim is secure

Semen and Hair Evidence

Semen that contains sperm and hair with the root attached can now be identified as coming from a specific individual as a result of DNA typing

Information for the Examining Physician

The physician responsible for examining the victim should be provided with all of the available facts before the physical examination

Collection of the Victim's Clothing

The victim's clothing should be collected as soon as possible
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THE VICTIM AND PHYSICAL EVIDENCE (cont'd)

The Role of the Investigator in Securing the Rape Scene
It is the criminal investigator's job to collect, catalog, and store physical evidence for later analysis in the laboratory

Incidence of Errors in the Collection of Evidence

In spite of the importance of proper handling, evidence still continues to be mishandled

Sexual Battery Examination

Most hospitals of crisis center responsible for the collection of evidence from sex-offense victims have developed sexual battery examination kits
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SEXUAL BATTERY EXAMINATION KIT

Sexual-battery examination kits contain items such as:
blood vials paper bags sterile dacron-tipped applicators envelopes for swabs taken

(Courtesy Pinellas County, Florida, Public Health Unit, Sexual Assault Victim Examination Program)

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THE VALUE OF CONDOM TRACE EVIDENCE

Condom trace evidence can assist investigators in several ways.
In Providing Corpus Delicti. Trace evidence may help prove the crime occurred. In Providing Evidence of Penetration. Condom traces found inside a victim can provide evidence of penetration. In Producing Associative Evidence. Recovered condom traces may correspond to those found in certain brand or used by a certain manufacturer. In Linking the Acts of Serial Rapists. A serial rapist likely will use the same brand of condom to commit repeated acts.

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DRUG FACILITATED SEXUAL ASSAULTS

Rohypnol (street name Roofies), known as the drug flunitrazepam, belongs to a class of drugs called benzodiazepines
It produces a spectrum of effects including skeletal muscle relaxation, sedation, and reductions in anxiety

GHB. Gamma hydroxybutyrate or GHB (also known as Gamma-OH, Liquid Ecstasy, Georgia Home Boy, or Goop)
It is another central nervous system depressant that is used to perpetrate sexual assaults

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ROHYPNOL
Drug used by sex offenders at:
parties bars clubs social drinking locations

(Courtesy Sergeant Christopher McKissick and Detective Tyler Parks, Port Orange, Florida, Police Department)

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INVESTIGATING AND COLLECTING EVIDENCE IN DRUG-FACILITATED SEXUAL ASSAULTS Evidence Collection and Processing
Because victims may be unaware, or only suspect, that an assault has occurred, law enforcement has the critical task of gathering as much physical evidence as soon as possible

The Investigation
Law enforcement officers cannot rely on forensic toxicology reports alone. Accounts from any people at the scene will be important

Evidence
At the proper time a warrant can be obtained for the search of a suspect's residence, car, or place of work for evidence of Rohypnol or other drugs

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AUTOEROTIC DEATH
Death from accidental asphyxiation occurring as a result of masochistic activities of the deceased. Also called sexual asphyxia.

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AUTOEROTIC DEATH
In autoerotic death cases the investigator will typically find:
a white male partially suspended and nude dressed in women's clothing or undergarments or with his penis exposed

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PSYCHOLOGICAL AUTOPSY
An analytical statement prepared by a mental health professional based upon the decedent's thoughts, feelings and behavior. Its purpose is to form a logical understanding of death from tangible physical evidence, documented life events, and intangible often musive emotional factors.

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