Sexual Assault Investigations
BY MICHAEL BESSETTE
Objectives
 Review the Law
 Understanding Defenses
 Understanding Victimization
 Investigation Steps and Issues
 Agencies to Assist
The Law
 Sexual Assault Definitions
 Sexual Assault Statutes
 Sexual Assault Laws re: Children
Sexual Assault Definitions
 Sexual Contact
 Sexual Intercourse
 Consent
 Intimate Parts
Sexual Contact
 940.225(5)(b)
 1. Intentional touching by the complainant or defendant, either
directly or through clothing by the use of any body part or
object, of the complainant or defendant’s intimate parts if the
intentional touching is either for the purpose of sexually
degrading; or for the purpose of sexually humiliating the
complainant or sexually arousing or gratifying the defendant
or if the touching contains the elements of actual or attempted
battery under 940.19(1).
Sexual Contact
 2. Intentional penile ejaculation of ejaculate or intentional
emission of urine or feces by the defendant upon any part of the
body clothed or unclothed of the complainant if that ejaculation
or emission is either for the purpose of sexually degrading or
sexually humiliating the complainant or for the purpose of
sexually arousing or sexually gratifying the defendant.
Sexual Intercourse
 940.225(7)
 Vulvar penetration (s. 939.22(36)) as well as cunnilingus,
fellatio or anal intercourse between persons or any other
intrusion, however slight, of any part of a person’s body or of
any object into the genital or anal opening either by the
defendant or upon the defendant’s instruction. The emission
of semen is not required. (s. 940.225(5)( c))
Marriage not a bar to prosecution. (s. 940.225(6))
 Death of victim. (s. 940.225(7))
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Consent
 940.225(4) as used in this section, means:
 words or overt actions by a person who is competent to give
informed consent indicating a freely given agreement to have
sexual intercourse or sexual contact. Consent is not an issue in
alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i).
Consent
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The following persons are presumed incapable of consent but
the presumption may be rebutted by competent evidence,
subject to the provisions of s. 972.11 (2)
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(b)a person suffering from a mental illness or defect which
impairs capacity to appraise personal conduct.
( c) A person who is unconscious or for any other reason is
physically unable to communicate unwillingness to act.
Case law says that failure to physically resist is not consent.
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Intimate Parts
 939.22(19) means breast, buttock, anus, groin,
scrotum, penis, vagina or pubic mound of a human.
 Definitions are continuously redefined. For
example:
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Recent conviction that was appealed challenged the courts
application of the definition of intimate parts. It questioned
whether the “breast” of a male was an intimate part. They lost and
the conviction was upheld.
Elements
 “Elements” of crimes are the components of the law
that need to be established in order to prove a crime
was committed
 Definitions help to ensure that those elements are
established as consistently as possible.
 This is intended to ensure fairness
Statutes
 1st Degree Sexual Assault
 Sexual intercourse or sexual contact
 Without consent
 By use or threat of use of a dangerous weapon, or causes great
bodily harm, or causes pregnancy, or
OR
 is aided or abetted by one or more persons and uses or
threatens to use force or violence
Statutes
 2st Degree Sexual Assault
 Sexual intercourse or sexual contact
 Without consent
 Use or threat of force or violence, or causes injury , causes
illness or disease, or causes impairment of a sexual or
reproductive organ, or causes mental anguish requiring
psychiatric care
 With person who defendant knows is unconscious, has a
mental illness or deficiency, or with person who defendant
knows is under the influence of an intoxicant, or offender is
aided or abetted by one or more other persons; or
 With a patient or resident of employee's facility or program as
defined under §940.295(2)
Statutes
 3rd Degree Sexual Assault
 Sexual intercourse, or sexual contact in the form of intentional
penile ejaculation or emission
 Without consent
Statutes
 4th Degree Sexual Assault
 Sexual contact (except for that defined under third degree
sexual assault )
 Without consent
Child Sexual Assault
CHAPTER 948: THE LAW
948.01(5) “Sexual contact” means any of
the following:
 (a) Any of the following types of intentional touching, whether direct or
through clothing, if that intentional touching is either for the purpose of
sexually degrading or sexually humiliating the complainant or sexually
arousing or gratifying the defendant:
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1. Intentional touching by the defendant or, upon the defendant’s instruction, by another
person, by the use of any body part or object, of the complainant’s intimate parts.
2. Intentional touching by the complainant, by the use of any body part or object, of the
defendant’s intimate parts or, if done upon the defendant’s instructions, the intimate parts
of another person.
 (b) Intentional penile ejaculation of ejaculate or intentional emission of
urine or feces by the defendant or, upon the defendant’s instruction, by
another person upon any part of the body clothed or unclothed of the
complainant if that ejaculation or emission is either for the purpose of
sexually degrading or sexually humiliating the complainant or for the
purpose of sexually arousing or gratifying the defendant.
 (c) For the purpose of sexually degrading or humiliating the complainant or
sexually arousing or gratifying the defendant, intentionally causing the
complainant to ejaculate or emit urine or feces on any part of the
defendant’s body, whether clothed or unclothed.
948.01(6) “Sexual intercourse” means
vulvar penetration as well as
 cunnilingus, fellatio or anal intercourse between
persons
 or any other intrusion, however slight, of any part of
a person’s body or of any object into the genital or
anal opening either by the defendant or upon the
defendant’s instruction.
 The emission of semen is not required.
948.02 Sexual assault of a child
 (1) FIRST DEGREE SEXUAL ASSAULT.
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(am) Whoever has sexual contact or sexual intercourse with a person
who has not attained the age of 13 years and causes great bodily
harm to the person is guilty of a Class A felony.
(b) Whoever has sexual intercourse with a person who has not
attained the age of 12 years is guilty of a Class B felony.
(c) Whoever has sexual intercourse with a person who has not
attained the age of 16 years by use or threat of force or violence is
guilty of a Class B felony.
(d) Whoever has sexual contact with a person who has not attained
the age of 16 years by use or threat of force or violence is guilty of a
Class B felony if the actor is at least 18 years of age when the sexual
contact occurs.
(e) Whoever has sexual contact with a person who has not attained
the age of 13 years is guilty of a Class B felony.
948.02 Sexual assault of a child
 (2) SECOND DEGREE SEXUAL ASSAULT.
Whoever has sexual contact or sexual intercourse
with a person who has not attained the age of 16
years is guilty of a Class C felony.
948.025 Engaging in repeated acts of
sexual assault of the same child
 (1) Whoever commits 3 or more violations under
s. 948.02 (1) or (2) within a specified period of time
involving the same child is guilty of:
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(a) A Class A felony if at least 3 of the violations were violations
of s. 948.02 (1) (am).
(b) A Class B felony if at least 3 of the violations were violations
of s. 948.02 (1) (am), (b), or (c).
(c) A Class B felony if at least 3 of the violations were violations
of s. 948.02 (1) (am), (b), (c), or (d).
(d) A Class B felony if at least 3 of the violations were violations
of s. 948.02 (1).
948.05 Sexual exploitation of a child
 (1) Whoever does any of the following with knowledge of
the character and content of the sexually explicit conduct
involving the child may be penalized under sub. (2p):
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(a) Employs, uses, persuades, induces, entices, or coerces any child to
engage in sexually explicit conduct for the purpose of recording or
displaying in any way the conduct.
(b) Records or displays in any way a child engaged in sexually explicit
conduct.
(1m) Whoever produces, performs in, profits from, promotes,
imports into the state, reproduces, advertises, sells, distributes, or
possesses with intent to sell or distribute, any recording of a child
engaging in sexually explicit conduct may be penalized under sub. (2p) if
the person knows the character and content of the sexually explicit
conduct involving the child and if the person knows or reasonably should
know that the child engaging in the sexually explicit conduct has not
attained the age of 18 years.
948.10 Exposing genitals or pubic area
 (1) Whoever, for purposes of sexual arousal or sexual
gratification, causes a child to expose genitals or pubic
area or exposes genitals or pubic area to a child is guilty
of the following:
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(a) Except as provided in par. (b), a Class I felony.
(b) A Class A misdemeanor if any of the following applies:
1. The actor is a child when the violation occurs.
 2. At the time of the violation, the actor had not attained the age of 19
years and was not more than 4 years older than the child.

 (2) Subsection (1) does not apply under any of the
following circumstances:
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(a) The child is the defendant’s spouse.
(b) A mother’s breast−feeding of her child.
948.09 Sexual intercourse with a child age
16 or older
 Whoever has sexual intercourse with a child who is
not the defendant’s spouse and who has attained the
age of 16 years is guilty of a Class A misdemeanor.
Sexual Assault Defenses
ANTICIPATE DEFENSES DURING THE
INVESTIGATION
Anticipating the Defense
 You will need to be familiar with the elements of sexual
assault offenses as outlined and be able to recognize the
distinction between sexual penetration and sexual contact.
 Any incident may involve multiple offenses, including some
combination of sexual penetration and contact. However,
each count or charge must be identified independently.
 You will also need to identify and document evidence for each
element of each offense to overcome any defense strategy.
 Several defense strategies are common in sexual assault cases,
among them these:
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Identity defense
Denial defense
Consent defense
Identity defense
 "You've got the wrong guy”
 Your investigation must focus on identifying the
suspect using these kinds of evidence:
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Physical description of the suspect (from victim or witnesses)
DNA evidence from victim's and suspect's body and clothing
Any other evidence linking the suspect to the victim and/or
crime scene
Evidence of prior similar acts of suspect to corroborate a the
present offense (modus operandi)
Denial defense
 Denies that any sexual activity took place.
 Your investigation must focus on establishing that the activity
did occur.
 The forensic exam of the victim and an analysis of the victim's
clothing may produce seminal fluid, spermicides, lubricants
or saliva that can be used to prove sexual activity.
 Another source of evidence of sexual contact may be found on
the suspect's body or clothing. Transfer fluids or cells from
the victim's body may be found on the suspect’s body—or
there could be a transfer of bodily fluids or cells between
multiple suspects.
 It is very important to conduct forensic exams of the
suspect(s) to document evidence of sexual activity between
suspect and victim.
Consent defense
 The issue of consent will most likely be raised when
the victim and suspect are acquainted.
 This is the most common defense!
 Suspect may switch from denying having sex with
the victim to saying, "the victim wanted it."
 This makes it necessary to bolster the victim's
statement with corroborating evidence that will
verify and confirm what the victim describes to have
happened.
Consent Questions to Ask…
 Was physical violence or a weapon used?
 Were physical or verbal threats made?
 What were the surrounding circumstances that made the
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victim believe that real or implied threats would be carried
out?
Was there a discrepancy in the size and strength of the
individuals involved?
Were the individuals isolated from others?
Were there multiple suspects involved or other individuals
present during the assault?
What was the victim thinking and feeling at the time of the
event?
Would the victim have been intimidated
Other Consent Issues
 During your investigation you may become aware
that the victim was unconscious or incapacitated.
 You need to corroborate that the victim was indeed
unconscious to prove the element of non-consent.
 Incapacitation is more difficult to prove as there is
no clear legal standard. If incapacitation is due to
the ingestion of alcohol or drugs, a toxicology
analysis will be needed to provide the evidence.
 Also needed are witness interviews and the victim's
account to show she was so incapacitated that she
could not legally consent to sexual activity.
Victimization
 Secondary victimization refers to the significant
other
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This can have a significant impact on your investigation and
the prosecution
Don’t expect wholesale support for the victim from the victim’s
parents, husband, family members, etc… if you don’t identify
them and assist them in the process…
Use Sexual assault advocates!
 Don’t have family present during interviews
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Secondary Victims
 These individuals need to be identified and their feelings validated
by the criminal justice professionals involved in the victim's case. If
the secondary victims are assisted and supported, they can aid in
the victim's recovery' feelings include
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helplessness/powerlessness
guilt or feeling responsible—feeling that they should have been able to prevent
the assault in some way
shame; feeling concerned about reactions from family members or the
community about the sexual assault
blaming the victim
minimizing the impact on them
loss of intimacy; feeling that the victim is being distant
loss of routine
frustration with the victim and/or the various systems encountered (legal, etc.)
anger about the assault is sometimes expressed towards the victim, with thoughts
like, "she should've been more careful"
Victimization
 There are a wide variety of responses…
Stage 1: Acute Trauma
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disorientation, dissociation, amnesia
nightmares, flashbacks, sleep and appetite disturbances.
difficulty concentrating
constant reliving of the assault
guilt and self-blame—loss of self-esteem
feelings of shock, disbelief, helplessness, powerlessness, and loss of control
suppressed or intensified emotional experience
extreme fear and hyper vigilance
extreme calm and denial
irritability and outbursts of anger
depression—suicidal thoughts and actions
physical symptoms
shame—sense of damage
changes in social and sexual functioning
self-destructive behavior
Stage 2: Outward Adjustment
 denying or minimizing the impact of the sexual
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assault
rationalizing the reason it happened
avoiding reminders of the sexual assault
experiencing fewer episodes of reliving the sexual
assault
returning to crisis
expressing emotions about the sexual assault
developing ways of coping with trauma
Stage 3: Integration
 In the third stage of integration the victim has a
better understanding of the sexual assault and its
effect on his or her life. This stage can extend
throughout the victim’s life, changing the person’s
perspective. Tragically, however, not all victims
successfully achieve integration. For them, the
negative symptoms become a way of life.
Investigation Steps and Issues
Sexual Assault Investigation
 using a multi-disciplinary team approach
 making initial contact with the victim
 protecting the victim
 processing the crime scene and evidence
 anticipating the defense
Making Initial Contact with the Victim
 As first responding officer, your initial contact with
the victim will create a lasting impression with that
victim.
 Make very effort to handle the situation in a nonjudgmental and professional manner.
 You must be sensitive to any culture, life style, age,
gender and/or developmental issues.
Initiating the Victim Interview
 You may need to preface clarifying questions about
sensitive issues such as exact body parts involved, sexual
activity, consent, or the use alcohol or drugs with an
explanation.
Examples:
 "This is going to be difficult and seem strange or
blaming. I need to ask you some questions and need the
answers in order to investigate the crime properly."
 “I know it’s hard to talk about what happened, but I need
you to tell me exactly what he did to you.”
The Victim Interview
 Develop rapport with the victim and briefly interview
him or her when possible to determine the following:
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Is the victim hurt? (get help if injuries are present)
Was a crime committed?
Where? Determine the jurisdiction in which it occurred.
Who did it? Is the suspect a stranger or an acquaintance?
Weapons? Was there a weapon or threat of the use of a weapon. Was
there other violence or threat of violence?
Does the victim want the presence and assistance of a trauma
response or rape crisis advocate?
Are there cultural or language issues that may require additional
resources?
Did the event occur within the last 72 hours (for forensic exam
purposes)?
STEP 2
 If it is possible to leave the victim briefly, you will
have some additional tasks to accomplish as soon, as
possible:
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Provide information to other officers
Arrange for the protection of the crime scene. Arrange for
additional resources to respond to the crime scene and protect
it for processing. If applicable in your jurisdiction, request the
assistance of a sensitive crime investigator and/or evidence
technician.
Contact with trauma response unit or Rape Crisis for advocacy
if victim is interested.
STEP 3
 Processing the Crime Scene and Evidence
 A sexual assault scene may have many items for evidence
collection that are biological in nature: pubic hair, semen,
blood and saliva. This evidence may be found in or on various
items, such as clothing, fingernails, furniture, floor, bedding,
grass, condoms and other objects. As with DNA evidence, you
must do a thorough evaluation of the scene before marking or
taking physical evidence away.
Sexual Assault Resources
 Rape Crisis centers
 Advocates who assist victims and train law enforcement.
 SANE
 Nurses that provide evidentiary exam of victim.
 WI Coalition against Sexual Assault
 Organization providing advocacy and education on sexual
assault.
Investigative Resources
 Behavioral Unit of the FBI
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Focused research and examination of offender behaviors in order to
develop suspect profiles and suspect lists.
 Crime Lab technicians
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Analysts who examine evidence and provide links between suspects
and victims
 Probation and Parole
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Convicted offenders must comply with conditions after sentencing.
These may include no contact with children, the victim, etc… Some
searches may be conducted by agents.
 Registered Sex Offender database
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Convicted sex offenders must comply with registration requirement
after sentencing.
Corroborative Statements
 Critical in the investigation of a sexual assault
because the victim is the only witness
Packaging Evidence
 Clean, unused paper bags
 Use a separate container for each object
 Usually will receive the evidence at the hospital if
victim is there
 Get the consent form signed then the Sexual Assault
Kit should be used by a SANE nurse or a doctor –
your will receive it immediately
Crime Scenes
 The victim
 The suspect
 Where the assault took place
Witnesses
 The victim
 Who the victim talked to about the incident
 Any other witnesses
 Talk to the suspect last but don’t delay too long… he
is a crime scene…
Investigate
 What happened before
 What happened during
 What happened after
Remember
 All victims have the right to file a sexual assault
complaint
 You need to make sure that every effort will be
made to investigate it
Questions?