CL Ch. 9- Sexual Assault Investigation Procedures (p19-23)

Question 1

Sexual assault conviction may be based on (blank) alone.

Answer 1

the victim’s testimony

*Important to seek corroborating evidence, but it is not required to prove the crime.

Question 2

Victims statement to EMT- Female officer asked the victim if she was there against her will and she said “no”. Minutes later, the victim told a female EMT in the privacy of the ambulance that she was thrown to the ground and vaginally penetrated by the man’s finger. This was an excited utterance. Will this statement be admissible?

Answer 2

Yes.

Just because the victim had told an officer that nothing happened did not negate her later, spontaneous statement to the EMT when she felt safer in the ambulance.

Question 3

Victim met the defendant on a dating website. After she arrived to meet him, her raped her. The victim communicated her distress via facebook messenger to a friend. They came up with a plan to extricate her. Even though written, these electronic message were the (blank) of a victim under the influence of a starling event.

Answer 3

excited utterances.

Question 3

The (blank) rule allows one witness to testify about what the victim said concerning any sexual assault.

Answer 3

The first complaint rule.

Ex. victim initially reported to her sister that the defendant physically abused her, then later told her about his sexual abuse; sister properly testified as the first complaint because an initial complaint of physical abuse does not preclude a later first complaint of sexual assault.

Question 4

What is the purpose of the first complaint doctrine?

Answer 4

The first complaint doctrine provides the jury with a complete account of how the accusation of sexual assault arose.

Question 5

The first complaint doctrine:

Timing:

Answer 5

There is no requirement of promptness.

Ex 9 year delay in disclosing rape did not affect first complaint admissibility.

Question 6

The first complaint witness may testify about the (blank) of the assault and the (blank) of the disclosure.

Answer 6

details, context

This includes the victim’s demeanor; the events or conversations leading up to it; and any other relevant information that might help the jury assess any defense theories about why the victim would make a false allegation.

Question 7

First complaint rule:

True or false:

Written, texted, and oral statements are admissible.

Answer 7

True.

Question 8

First complaint rule:

The victim’s statements started with text messages requesting her mother come pick her up because her father had forced himself on her; the text messages continued for about an hour while the mother drove; when she arrived, the victim came out and said “Pappi put his private part in my mouth”? How many separate” communications took place here, for the purpose of first complaint?

Answer 8

One. This was all part of one communication.

Question 9

First complaint rule:

Disclosures can be made in stages, if :

Answer 9

“No meaningful gap in time”.

Ex. after the victim was assaulted at work, she called a coworker and said the defendant grabbed her breasts; she then shared additional details with the coworker in person once he arrived at the office; the coworker was able to testify to both conversations because the complaints were intertwined and there was no meaningful gap in time.

Question 10

First complaint rule:

Successive complaints are admissible concerning: (2)

Answer 10

Different times; and escalating abuse.

Ex. daughter first disclosed to her mother in 8th grade that her father had been touching her genitals since 6th grade. The victim’s second disclosure was to her college advisor and concerned later abuse by her father involving penile penetration.

Question 11

First complaint rule:

Multiple firs complaint witnesses if:

Answer 11

multiple crimes

Ex. there were two separate incidents that the victim reported, for the first time, to different people; both could testify.

Question 12

First complaint rule:

Is a complaint admissible if the victim forgets making the initial disclosure?

Answer 12

Yes.

Ex. victim did not remember telling her brother about her cousin sexually abusing her when she was seven years old; he was still permitted to testify as the first complaint.

Question 13

First complaint rule:

A defendant may offer a first complaint witness.

Answer 13

True.

Ex. woman was charged with raping her adopted son after she became pregnant with his child; she could introduce her first complaint to her friend to prove her son had raped her.

Question 14

First complaint rule:

Does asking the victim who else she told violate the first complaint rule?

Answer 14

Yes.

Question 15

Does a trial judge have the discretion to modify the first complaint rule in the interest of justice?

Answer 15

Yes.

Ex. witness is biased against the victim

Ex. witness is unavailable or incompetent

Someone else may be swapped in

Question 16

The first person to receive a report- whether by phone or in person- is the :

Answer 16

“first complaint”

Ex. victim spoke to the 911 operator first, so the officer who responded could not testify about it.

Question 17

Dispatchers and officers should perform a basic/compassionate interview, then turn the case over to investigators. The officer should
(7):

Answer 17

1. use a calm tone of voice
2. let the complainant disclose what happened without interruption
3. obtain a description of the perpetrator(s)
4. ask follow up questions- who, when, what, where- if necessary to learn the basic facts
5. just get the complainants name and cell phone number (too many biographical questions may scare off the complainant
6. explain the next step(typically hospital evaluation of interview with a detective)
7. sincerely thank her for calling or talking to you.

Question 18

The first complaint rules does not limit: (3)

Answer 18

1. Eyewitness reports (also possible for one to be both an eyewitness and first complaint)
2. Rape kit protocol (ex. admissible as a medical record)
3. Rebuttal of defense case (ex. testimony that the victim was reluctant to talk to the the police was necessary to counteract the defense theory that she was motivated to accuse him so she could file a lawsuit.

Question 19

First complaint rule:

Testimony about police/prosecutor meetings is typically:

Answer 19

Inadmissible.

Question 20

Written school or organizational policies pertained to inappropriate sexual relations are admissible as business records during a trial, if:

Answer 20

they were created and distributed before the incident resulting in the defendant’s prosecution.

Question 21

What does the rape shield law do, and what is its purpose?

Answer 21

The rape shield law prevents a victim’s prior sexual history from being exposed in court.

The purpose is to prevent a general attack of a victim’s credibility based on evidence of past promiscuity.

Question 22

There are 3 exceptions to the rape shield law. What are they?

Answer 22

1. Evidence pertaining to the victim’s bias or motive to fabricate (lie)
2. Evidence of the victim’s sexual conduct with the defendant; or
3. Evidence that the victim’s recent sexual conduct caused her injuries or physical condition.

• In any case, the judge must decide whether the proposed evidence is relevant.

Question 23

Law enforcement agencies must preserve evidence from victims. Under 41 Sec 97B, hospitals must notify local police within (blank) of processing a sexual assault kit.

Answer 23

Within 24 hours.

Question 24

Law enforcement agencies must preserve evidence from victims. Under 41 Sec 97B, hospitals must notify local police within 24 hour of processing a sexual assault kit.

Police must take possession of the kit within (blank) of notification.

Answer 24

within 3 business days.

Question 25

Law enforcement agencies must preserve evidence from victims. Under 41 Sec 97B, hospitals must notify local police within 24 hour of processing a sexual assault kit.

Police must take possession of the kit within 3 business days of notification, and submit it to the crime lab within (blank) of taking possession.

Answer 25

7 business days.

Noninvestigatory kits associated with victims who have not yet filed a report with police are not subject to the 7 day requirements.

They must be safely preserved by the police for the entire statue of limitations for the applicable sexual assault charges.

Question 26

Police must take possession of the kit within 3 business days of notification, and submit it to the crime lab within 7 business days of taking possession.

Noninvestigatory kits associated with victims who have not yet filed a report with police are not subject to the 7 day requirements.

They must be safely preserved by the police for:

Answer 26

the entire statue of limitations for the applicable sexual assault charges.

Question 27

Police must take possession of the kit within 3 business days of notification, and submit it to the crime lab within 7 business days of taking possession.

The crime lab must test the kit within (blank) of receipt.

Answer 27

within 30 days of receipt.

Question 28

Police must take possession of the kit within 3 business days of notification, and submit it to the crime lab within 7 business days of taking possession.

The crime lab must test the kit within 30 days of receipt. Each kit must be entered into the (blank), and DNA profiles entered into (blank and blank)

Answer 28

the statewide tracking system;

CODIS and the state database.

Question 29

Is electronic recording of SAIN interview legally required?

Answer 29

No. Good practice, but not required.

Question 30

True or false:

Repressed memory is a legitimate explanation for why a victim of sexual assault might come forward later.

Answer 30

True.

Repressed memory or “dissociative amnesia” in response to trauma is a recognized diagnosis and may be the subject of expert testimony.

Question 31

Sexual assaults

Should court and police departments withhold a victim’s name from public disclosure?

Answer 31

Yes. They are mandated to.

265 sec 24C mandates that courts and police departments not publish or “otherwise disclose” to the public the names of victims, whether verbally or in records, relating to arrests, investigations, or complaints of any type of rape, assault with intent to rape, indecent A&B on a child under 14, or human sexual trafficking.

41 Sex 97D also requires that the police keep all reports of rape and sexual assault confidential.

Question 32

General venue for sexual assault offenses: All forms of indecent A&B; rape; assault with intent to rape may be prosecuted:(2)

Answer 32

in the county from which the victim was taken, or the one where the offense occurred.

Question 33

Carrying a Dangerous Weapon Ch. 269 Sec 10 covers two distinct offenses: (1) a person may not carry a per se weapon listed in the statute; or (2) a person may not carry a weapon that is not listed- if he is being:(2)

Answer 33

(1) arrested under a warrant, or (2) without a warrant for a breach of the peace.

Question 34

Carrying a dangerous weapon:

Carry:

Answer 34

The suspect knowingly carried on his person of under his control in a vehicle.

Question 35

Per se dangerous weapons:

Knives: Nine varieties of dangerous knives are prohibited: (9)

Answer 35

1. stilettos
2. daggers
3. devices or cases which enable a knife with a locking blade to be drawn at a locked position
4. ballistic knives
5. knives with a detachable blade capable of being propelled by any mechanism
6. dirk knives
7. double edged knives
8. switch knives (switchblade)
9. knives with an automatic spring in the handle that releases a blade over 1.5 inches.

Question 36

9- Knives with an autmoatic spring in the handle that releases a blade over:

Per se dangerous weapons:

Knives: Nine varieties of dangerous knives are prohibited:

Answer 36

one and a half (1.5) inches long.

Question 37

Per Se Weapons:

Martial Arts:

Answer 37

-Nunchaku
-zoobow (klackers or kungfoo sticks)
-or any similar weapon consisting of 2 sticks of wood, plastic, or metal connected at one end by a rope, chain, or leather;
- a shuriken or any similar pointed starlike object intended to injue a person when thrown
- or any leather armband which has metallic spikes
-a cestus or similar material weighted with metal or other substance and worn on the hand
-a manrikigusari or similar length of chain having weighted ends

Question 38

Per Se dangerous weapons:

Miscellaneous:

Answer 38

-slungshot
-blowgun
-blackjack
-metallic knuckles
-knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles