Sex Crimes Flashcards
Facts of Sexual Assault
It is an act of violence
FELANIOUS acts
Can happen to either Adults and/or children
Does not discriminate gender, socio-economic status, age, or any other characteristic- can happen to anyone in any community.
Sexual intercourse without consent =sexual assault (among others)
Most rapists do not use “weapons” such as guns, knives, or other deadly weapons.
Submission to sexual assault is not consent.
Sexual assault is about POWERand CONTROL but can also be bought FANTASIES
RAPE I.C 18-6101
The Penetration, however slight of the oral, anal or genital opening with a penis accomplished under any one of the following:
The victim is under the age of 16 and the suspect is 18 or older
Victim is 16 or 17 and the suspect’s age is 3 years or older than the victim.
Victim is incapable, through any unsoundness of mind, due to any cause including, but not limited to, mental illness, mental disability, whether temporary or permanent, of giving legal consent
Victim resist, but the resistance is overcome by force or violence
Victim is prevented from resistance by the infliction, attempted infliction, or threatened infliction of bodily harm accompanied by the apparent power of execution; or is unable to resist due to any intoxicating, narcotic, or anesthetic substance.
Victim is, at the time, unconscious of the nature of the act, (unconscious or asleep) (not aware, cognizant)
Victim submits under the belief that the person committing the act is the victim’s spouse, and the belief is induced by artifice, pretense or concealment (or victim believes it was someone else)
Victim submits under belief, instilled by the actor, that if the victim does not submit the actor will cause physical harm to some person or damage to property to other crime.
What is the age of consent?
16
Penetration for Rape =
However slight
Victim who is under 16 years of age =
Lewd and lascivious acts with a child or sexual battery
Battery with intent to commit a serious felony (I.C 18-911)…
Any battery committed with intent to commit:
Murder
Rape
Infamous crime against nature
Mayhem
Robbery
L&L
Battery with intent to commit a serious felony (I.C 18-911) has a max penalty of?
20 years
Sexual Abuse of An Animal (I.C 18-6602)
Engages in sexual contact with any animal, dead or alive at the time of the violation.
Forcible Sexual Penetration of a foreign object (I.C 18-6604)
Causes penetration of genital or anal cavity
by any object (Usually a finger, but can be anything besides a penis)
against the victims will by use of force or duress
threats to harm the victim
victim is incapable to give consent
prevented from resist by substance
Sexual Exploitation by Medical Care Provider (I.C. 18-919)
Any person acting or holding himself out as a physician, surgeon, dentist, psychotherapist, chiropractor, nurse, or other medical care provider.. who engages in an act contact with a patient or client.
Sexual Abuse of a Child under the age of 16 (I.C. 18-1506)
It is a felony for any person 18 years of age or older, with the intent to gratify the lust, passions, or sexual desire of the actor, minor child or third party, to:
(a) Solicit a minor child under the age of 16 years to participate in a sexual act
(b) Cause or have sexual contact with such minor child, not amounting to lewd conduct
(c) Make any photographic or electronic recording of such minor child; or
(d) Induce, cause or permit a minor child to witness an act of sexual conduct.
Sexual Battery of a minor child 16 or 17 years old (I.C. 18-1508A)
Any person at least 5 years older than a minor child who is 16 or 17 years old with the intent of arousing, appealing to or gratify the lust, passion, or sexual desires of such person, minor child, or third party to:
Lewd Lascivious act(s) upon, with the body, or any part or member thereof a minor
Solicit minor to participate in a sexual act
Cause or have contact with minor, not amounting to lewd conduct
Make any photographic or electronic recording of minor
Sexual Battery misdemeanor (I.C. 18-924)
Wilful, physical contatc under/over clothing
With intimate parts of any person (genital areas, breasts, Buttocks, inner thigh)
without consent
with intent to degrade, humiliate, or demean person touched
with intent of arousing, appealing to or gratifying the lust, passion or sexual desires of actor or any other person
Aggravated Sexual Battery (felony) (I.C. 18-925)
Sexual battery as described in (Misd Sexual Battery code) PLUS:
When the forbidden contact occurs under the circumstances described in (I.C. 18-907 “Aggravated Battery)
-Causes great bodily harm, permanent disability, or permanent disfigurement
-Uses a deadly weapon or instrument
-Uses vitriol, corrosive acid, or a caustic chemical
-Uses a poison or other noxious or destructive substance or liquid
-Upon the person of a pregnant female, causes great bodily harm, or permanent disability or permanent disfigurement to an embryo or fetus.
Future rapists or offenders may…
Exhibit VOYEURISM:
-Repetitive watching an unsuspecting person undress, shower, and change clothes.
-As “window peepers”
As prowlers
Exhibit FROTTAGE:
- Sexual attraction to rubbing against others’ genitalia or body
Voyeurism is?
Repetitive watching an unsuspecting person undress, shower, and change clothes
- “Window Peepers”
- Prowlers
Frottage is?
A person Sexually attracted to rubbing against others’ genitalia or body
Offenders may be…
-Acquaintances ( known to the victim - “date rape”)
-Strangers -(most rare)
- Somewhat known (met in brief encounters, social media, blind dates, etc.)
-Facebook
-Life Links
- Dating services
True or False—Prostitutes can be victims of rape
True
Anger-Excitation Rapist
-Sadistic
-Sexual gratification from victim’s suffering
-Torture potential
-Aroused by anger
-Purpose is to inflict pain (emotional or physical)
-May be initially charming and intelligent
-Planner; often may carry a rape kit
-Wants to dominate and control
-Enjoys watching victim suffer
Power Assertive Rapist
- Dominance and superiority
-Suspect is “entitled”
-Impulsive
-Selfish
-Uses a moderate level of force
Anger - Retaliatory Rapist
-Unorganized, but organized in the process
-Hangs out in bars
-Victim is a stranger normally (Victim may symbolize what the suspect hates)
-Sex behavior is an expression of anger/rage
-Does not like authority
-Openly dislikes women
-Uses sex as a weapon to punish/degrade
Power Reassurance Rapist
-Most common and least violent
-Referred to as the “gentleman rapist”
-Premeditated
-Ritualistic
-Fantasy
-May take souvenirs (clothing from the victim)
-Purpose is to reassure self of masculinity
-Usually feels inadequate/insecure
Which type of Rapist is the most common and least violent?
Power Reassurance Rapist
Two styles of sexual assaults
ORGANIZED:
-Planned event
-Victim is targeted
-Controlled conversation
-Restrain used
-Items of control brought to scene
- Crime scene =control
DISORGANIZED:
-Spontaneous offense
-Victim just happens to be there
-Minimal conversation
-Tools found at scene
-Crime scene random
Interviewing Victims
-Introduce yourself (Use first name if it makes them more comfortable)
-If crime just occurred, try to get the initial cursory info to dispatch/officers (who,what, when, last known direction, description of suspect, where, etc)
-Explain some questions may be uncomfortable
-Utilize victim/witness if possible
-Listen and clarify
-Build rapport
-Put victim at ease
-Ask permission ( may I come in?)
- Allow victim to be In charge (they may choose where to sit in an interview)
-Interview in a private place
-Take your time
Interviewing Victims (info you need from victim)
What happened?
-Sex acts
-Sexual requests/demands
Where it happened?
Use of force/weapon?
-was it actually seen or threatened
Suspect description
What suspect said/didn’t say
- Sometimes specific statements are extremely important… try to get specific quotes if the victim remembers
-
Interviewing Victims- things to ask about the suspect
-Movements
-Verbiage
-Demeanor
-Specific actions
-Smell
-Tone of voice
-Any accents or language issues( lisp, etc.)
Aesthetic (clothing, height, weight, etc)
Things to never ask when interviewing the victim
- Did you enjoy it?
-Did you have an orgasm
-Why didn’t you fight him/her off?
-Are you sure this is true?
-Why didn’t you report it by yourself?
-Who made you report
-Why did you drink that much?
-Why did you wear such a skimpy outfit?
True or False - Idaho is a one-party consent state
True
Confront calls (aka Slime calls)
-Prepare the victim for what the confront call consists of
-Have the victim use their own words
-Use the type of comm that is normal for the parties (i.e. calling, texting, Facebook, etc)
-Stay with the victim for the confrontation (if possible) help them to address specific parts of the crime that ocured
Post-victim interview- investigative options
- Polygrapgh
- 6 pack photographic line up
- Sketches
-Confront calls (aka slime calls)
LE Response- Crime scene
-Secure the scene
-Preserve and freeze crime scene for processing
-Keep victim safe and/or take to a safe location
-Complete a cursory interview with the victim (Take it slow)
-General report info gathering (name, number, DOB, etc.)
-Document who is on scene and any potential witnesses
LE Response to the crime scene -additional info
-What did the victim tell you?
-Look at the entire scene/ envision the suspect’s actions
-Photograph any evidence prior to collecting evidence
-Properly document evidence collected and where it was located
- Bedding/ clothing should be placed in paper bags, not plastic bags
-Collect “trophies”
-Determine the perimeter of the scene
Physical evidence is?
-Any object that can connect a victim or suspect to a crime scene.
What are the three types of physical evidence?
-Trace Evidence
-Biological Evidence
-Comparative Evidence
Trace Evidence is?
-Trace evidence can include things like fibers.
Biological Evidence is?
-Blood, saliva, semen, urine, feces, and other bodily fluids.
Comparative Evidence is?
-Fingerprints, hairs, and bite marks.
A crime scene log is
Documentation of everyone who has come in and out of the crime scene. (DOCUMENT EVERYONE)
Items to collect at the crime scene
-Cell phones, electronic communication devices, clothing, bedding,
-Take overall pictures and specific detailed photographs
Collecting Body Fluids Evidence
-Collect the Whole article and package it in a paper bag (underwear, sheets, clothing, etc.)
-Photograph where located
-Photograph prior to packaging
-If the item is still wet, allow it to dry in an evidentiary safe location
-Keep it cool or frozen (ask your evidence techs how they want it handled)
-Have the item sent off for additional testing on DNA, etc.
May have to do a _____ swab if just occurred
Penile swab
-can be by consent or by a detention order
You should ask the victim if their willing to be examined by _____
A SAFE/SANE Nurse
True or False- A rape kit should be kept in a cool environment?
True
True or False- A rape kit proves that sex occurred, and not that someone was raped
True
How long after a sex crime can you get biological evidence?
72-96 hours after the incident
The time frame for blood for a rape kit is…
24-48 hours
The time frame for urine for a rape kit is…
Up to 96 hours
When receiving a rape kit from a medical professional, you should also get what information from them?
Name and identification
True or False- When the medical professional is collecting the evidence for a rape kit the officer should not be present. Although victim/witness coordinators can be if the victim requests they stay
True
While working on getting a rape kit you should…
Make sure the victim does not shower, clean themself, use the bathroom, (so a urine sample can be collected), or change clothes(unless you collect them first)
True or False- It is Vital to know the victim’s prior use of medications and/or drugs when using a rape kit
True
A rape kit is conducted by…
A Forensic Nurse or Medical professional with specialized training
Proper forensic evidence collection for a rape kit can…
-Associate foreign body fluids on victim and/or suspect
-Corroborate Victim’s story on event sequence
-Establishes a link between victim and suspect
-Exonerate falsely accused suspects
-Associate victim body fluids on suspect and visa versa
True or False - With a rape kit chain of custody is extremely important, you should document it every time it changes hands.
True
How many days for evidence submission do you have for a rape kit?
30 days
How many days do you have for laboratory submission for a rape kit?
90 days
You should consider the possibility of date rape drugs. Some of these drugs are…
-Alcohol (most common)
-GHB
-Methamphetamine
-Ketamine
-Rohpnol
-MDMA
-LSD
What is the most common date rape drug
Alcohol
Suspect interview
-MIrandarize when needed
-Record
-Establish rapport (allows the suspect to talk about himself)
-Observe the suspect’s body language
-Open with non-threatening questions
Suspect interview Themes
-Blame the victim (he/she seduced you..) (be careful when using this as the interviewer)
-Drugs and alcohol involved
-Blame suspects raging hormones
-Blame the victim, doesn’t know how hard it is for a man to stop
-Rape is every women’s fantasy
-Style of clothes the victim was wearing (she was asking for it)
True or False- You are allowed to use subterfuge (lying to the suspect) while in an interview.
True
Suspect interview additional info
-Establish if this was the first time he committed the act or something similar
-Establish if it was a planned event or a spontaneous
-Did the victim make it clear he/she did not want to have a sexual encounter, or did she lead on? or did she change her mind part way through
Suspect interview- Alternative actions
-Mediate- don’t accuse
-Suspect knows the relationship was wrong and needs help (i.e. counseling, therapy, etc.)
-Acknowledge punishment is a possibility but this is the first step on the road back
Terminology-( I’m just a fact finder, I’m not here to judge you)
Which rapist type is referred to as the “gentleman rapist”
Power Reassurance Rapist
Which type of rapist may sometimes carry a rape kit
Anger- Excitation Rapist
