Criminal Investigation: A Method for Reconstructing the Past, 7th Edition Book Cover Here Chapter 19 SEX CRIMES Copyright © 2014, Elsevier Inc. All Rights Reserved 1 Sex Crimes • UCR revised the definition of Rape in 2013 • Many definitions/elements – Sex crimes range from indecent exposure to forcible rape – Mutual consent issues – Children cannot consent • Corpus Delicti • Stalking/Cyberstalking • Child Exploitation Copyright © 2014, Elsevier Inc. All Rights Reserved 2 Definitions • Issue of mutual consent – Key defense contention • Some acts involve full consent between parties, but are illegal in particular jurisdictions – “acquaintance rape” / “date rape” • Forcible rape or sodomy, coupled with murder – Most serious sex connected crime from the perception of the public • All rapes and serious sexual assaults must have a high priority in the investigative universe – Frequently difficult to prove in a court of law, and offenders have gone free because of a lazy or sloppy investigation Copyright © 2014, Elsevier Inc. All Rights Reserved 3 Corpus Delicti • Legal definition of rape generally involves: – Sexual penetration, however slight, of the victim’s vulva – By a person or persons without the victim’s consent – Or with a minor child Copyright © 2014, Elsevier Inc. All Rights Reserved 4 Sex Crimes • Sex crimes include other forms of aberrant behavior: – Sexual assault – Child abuse and molestation, also known as pedophilia – Some forms of pornography – Indecent exposure – Incest – Stalking Copyright © 2014, Elsevier Inc. All Rights Reserved 5 Stalking • Involves conduct that is directed at a specific person or persons, that seriously alarms, annoys, intimidates, or harasses the person(s), and that serves no legitimate purpose • May involve telephone calls, notes or letters, confrontations, and following a person or persons • Need to understand the reasons for stalking Copyright © 2014, Elsevier Inc. All Rights Reserved 6 Types of Stalkers • • • • • • • • Psychopathic Personality Psychotic Personality Celebrity Lust “Hit Man” Love-Scorned Domestic Political Copyright © 2014, Elsevier Inc. All Rights Reserved 7 People • Victims and Witnesses • Interviews – Preliminary – Follow-up • Interviewing Children Copyright © 2014, Elsevier Inc. All Rights Reserved 8 Conducting the Investigation • Physical Evidence • Goal of the crime scene search is: – Link the victim and offender to the crime scene – Establish that sexual relations took place – Establish that coercion, fear, or force was used – Establish the offender’s role or activity • Records and Other Sources of Information Copyright © 2014, Elsevier Inc. All Rights Reserved 9 Goal of Preliminary Interview • • • • A physical description of the offender or offenders The location or locations where the crime took place The identification of possible witnesses Specific actions of the offender that are volunteered by the victim • Circumstances leading up to the attack • Information on any weapon or vehicle that may have been used • Specific info on the actual location of the assault Copyright © 2014, Elsevier Inc. All Rights Reserved 10 Categories of Witnesses • Those who can testify that the offender was the victim • Those who may be able to testify to specific acts • Hostile witnesses may claim that the victim gave consent; others may be ashamed of what they saw and might not want to cooperate – May lie to help a friend Copyright © 2014, Elsevier Inc. All Rights Reserved 11 Interviewing Children • Assistance of trained professionals is necessary • Offender is frequently known to the child • Child should be allowed to explain in his or her own words Copyright © 2014, Elsevier Inc. All Rights Reserved 12 Records and Other Sources • Sex offender record • Sex offense may have been “crime of opportunity” • Recognize similar cases • There may be a specific motive known only to the perpetrator – Rape is rarely associated with sexual gratification, more likely associated with need for power • Nature of attack – Location, time of day, actions, etc. Copyright © 2014, Elsevier Inc. All Rights Reserved 13 Profiling Offenders • Based on the theory that an individual displays unique characteristics in – Personality – Crime scene behavior – Method of operation • Many are married and employed; not oversexed; not women-haters; IQ varies • Psychological issues, but not psychotic Copyright © 2014, Elsevier Inc. All Rights Reserved 14 Patterns • Gang rape – More than one assailant • Elderly rape – Offenders were young, white, single males • Child rape – Class-related Copyright © 2014, Elsevier Inc. All Rights Reserved 15 Profiling • Profiling aids a reasoned, systematic process for the investigation of rape and reduces the possibility of investigative error – Possibility that the offender will strike again or that he has committed other crimes – Unique characteristics – Length of time Copyright © 2014, Elsevier Inc. All Rights Reserved 16 Hazelwood and Warren Study • Study of 41 serial rapists – 76% had been sexually abused as children – 71% had been married at least once – 54% had generally stable employment – 52% scored above average on intelligence tests – 51% had been in the armed forces – 36% collected pornography Copyright © 2014, Elsevier Inc. All Rights Reserved 17 Follow-Up Activities • Objective, reasoned approach – Sympathetic understanding of victim trauma – Unemotional attitude toward suspect • • • • • • Explore all contentions (e.g., victim blaming) Obtain detailed information Cross-reference files Review of evidence Maintain quality records Preserve evidence carefully Copyright © 2014, Elsevier Inc. All Rights Reserved 18 Conclusion • Sex crime difficult to investigate • Each case unique • Communication abilities of investigators more important than gender • Knowledge of elements of the crime, and techniques in interviewing and interrogation, critical Copyright © 2014, Elsevier Inc. All Rights Reserved 19