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Swanson, Criminal Investigation 8/e
Criminal Investigation, 8/e
Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

Sex-Related Offenses

Chapter Outline

I. CLASSIFICATION OF SEX RELATED OFFENSES (See Slide 10-2)

A. Serious Sex Offenses

Sex offenses of this type, such as rape or sexual battery as it is also called, are high-priority offenses because they constitute the greatest physical and psychological injury to the victim.

B. Nuisance Sex Offenses

Included in this classification are such acts as voyeurism and exhibitionism.

C. Sex Offenses Involving Mutual Consent

Sex offenses of this nature involve consenting adults whose behavior is deemed illegal by various state and local laws; examples include adultrey, fornication, prostitution, and certain homosexual activities.

II. SEXUAL MURDER (See Slide 10-3)

A. Power-Assertive Rape-Murder

1. Dynamics

The power-assertive rape-murder is a series of acts in which the rape is planned, whereas the murder is an unplanned response of increasing aggression to ensure control of the victim.

2. Homicidal Pattern

The homicidal pattern in the power-assertive murder is characterized by the satisfying of power needs through sexual assault and murder.

3. Suspect Profile

In the power-assertive type of killer, the offender is usually in his early 20s and somewhat emotionally primitive.

B. Power-Reassurance Rape-Murderer

1. Dynamics

In the power-reassurance rape-homicide, a planned, single rape attack is followed by an unplanned overkill of the victim.

2. Homicidal Pattern

In planning the rape, the power-reassurance type selects and watches a female victim. He may choose a casual acquaintance, neighbor, or stranger.

3. Suspect Profile

In considering the age of the power-reassurance murderer, the general acting out age is in the mid-20s range.

C. Anger-retaliatory Rape-murderer

1. Dynamics

In the anger-retaliatory rape-murder, the rape is planned and the initial murder involves overkill.

2. Homicidal Pattern

The homicidal pattern is characterized by a violent sexual assault and overkill of a victim.

3. Suspect Profile

In the anger-retaliatory type, the offender is usually in the mid-to-late-20s and somewhat younger than his victims.

D. Anger-Excitation Rape-Murder

1. Dynamics

The planned sexual assault and homicide are designed to inflict pain and terror on the victim for gratification by the perpetrator.

2. Homicidal Pattern

In the anger-excitation rape-homicide, the homicidal pattern is characterized by a prolonged, bizarre, ritualistic assault on the victim.

3. Suspect Profile

In the anger-excitation type, the age range of the perpetrator is considered somewhat variable.

III. SEX RELATED INVESTIGATIONS (See Slides 10-4, 10-5 and 10-6)

A. Interview of the Rape Victim

The interview requires intimate communication between a police officer and a victim who has been physically and psychologically assaulted.

B. Interview Procedures and Investigative Questions

The attitude of the officer is extremely important and makes a lasting impression on the victim.

1. 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.

2. 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.

3. Verbal Activity of Victim

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

4. 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.

5. Theft During Rape

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

6. Delayed Reporting

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

IV. WHY WOMEN DO NOT REPORT RAPE TO THE POLICE (See Slide 10-7)

A. Studies have shown that there is considerable reluctance on the part of many women to report rape to their local police.

B. The failure of victims to report rapes has serious implications, because without such information the effectiveness of the police in protecting other women is considerably diminished.

V. FALSE RAPE ALLEGATIONS (See Slide 10-8)

A. Although the vast majority of rape complaints are legitimate, investigators must remain alert to the possibility of false rape complaints.

B. In the rape investigation, officers have a responsibility both to the legitimate victims of rape and to men who are falsely accused of rape.

VI. THE VICTIM AND PHYSICAL EVIDENCE (See Slides 10-9 and 10-10)

A. 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.

B. Semen and Hair Evidence

Semen that contains sperm and hair with the root attached can not be identified as coming from a specific individual as a result of DNA typing.

C. 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.

D. Collection of the Victim’s Clothing

The victim’s clothing should be collected as soon as possible.

E. 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.

F. Incidence of Errors in the Collection of Evidence

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

G. Sexual Battery Examination

Most hospitals or crisis centers responsible for the collection of evidence from sex-offense victims have developed sexual battery examination kits.

VII. CONDOM TRACE EVIDENCE (See Slide 10-11)

A. Exchangeable Traces

1. Particulates. Particulates found in different brands of condoms include cornstarch, potato starch, and lycopodium (a powder found in plants), as well as amorphous silica, talc, or other minerals.

2. Lubricants. Sexual assailants prefer lubricated condoms, probably for the same reason they use petroleum jelly, that is to facilitate their crimes.

B. The Value of Condom Trace Evidence

Condom trace evidence can assist investigators in several ways.

1. In Providing Corpus Delicti

2. In Providing Evidence of Penetration. Condom traces found inside a victim can provide evidence of penetration.

3. In Producing Associative Evidence. Recovered condom traces may correspond to those found in certain brand or used by a certain manufacturer.

4. In Linking the Acts of Serial Rapists (see Slide 10-11). A serial rapist likely will use the same brand of condom to commit repeated acts.

C. Guidelines for Evidence Collection

Investigators need not make any drastic changes n their usual procedures in order to include the possibility of condom trace evidence.

1. At the Crime Scene. First and foremost, investigators must wear powder-free gloves to protect themselves from blood-born pathogens and to avoid leaving particulates that may be similar to those contained in some condom brands.

2. With the Victim

In addition to providing general information about the crime, victims may be able to supply valuable details about he condom and its wrapper.

3. With the Suspect(s)

Investigators also should question the suspect about the condom.

4. Legal Considerations. When investigators know or suspect that a sexual offender used a condom, they must remember to list condoms on the warrant obtained to search the suspect’s possessions.

VIII. RECORD OF INJURIES

A. A careful record should be made of the victim’s injuries and included in the report.

B. The examining physician can provide details of injuries not readily noticeable.

IX. DRUG FACILITATED SEXUAL ASSAULTS (See Slides 10-12, 10-13 and 10-14)

A. Drugs of Choice

The two drugs which are most commonly utilized by sex offenders to commit their type of crime are Rohypnol and Gamma Hydroxybutyrate (GHB).

1. 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.

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

3. Other "Date Rape" Drugs. Rohypnol and GHB are only two substances used to facilitate rape. Other depressants and benzodiazepines are available to debilitate sexual assault victims.

B. 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.

C. The Investigation

Law enforcement officers cannot rely on forensic toxicology reports alone because the drugs may already have left the victim’s system at the point evidence collection is initiated.

D. Evidence

At the proper time a warrant can be obtained for the search of a suspect’s residence, car, or place of work.

X. AUTOEROTIC DEATHS (See Slides 10-15, 10-16, and 10-17)

A. Death from accidental asphyxiation occasionally occurs as a result of masochistic activities of the deceased. This manner of death has been described as autoerotic death, or sexual asphyxia.

B. The Psychological Autopsy

For resolving questions about an autoerotic death, there is a technique employed called the psychological autopsy.