chapter 10 - McGraw Hill Higher Education

Criminal
Investigation
eighth edition
TEN
Sex-related Offenses
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 Assertive
Power Reassurance
Anger Retaliatory
Anger Excitation
Rape is planned;
murder is not planned
Rape is planned;
murder is not planned
Rape and murder are
planned
Rape and murder are
planned
Power interest
Power interest
Anger driven
Anger driven
Killer’s 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 Murder,” 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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