1 book cover here chapter 19 sex crimes criminal investigation: a method for reconstructing the...

1

Book CoverHere

Chapter 19

SEX CRIMES

Criminal Investigation: A Method for Reconstructing the Past, 7th Edition

Copyright © 2014, Elsevier Inc. All Rights Reserved

2

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


3

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


4

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


5

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


6

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


7

Types of Stalkers

• Psychopathic Personality• Psychotic Personality• Celebrity• Lust• “Hit Man”• Love-Scorned• Domestic• Political


8

People

• Victims and Witnesses• Interviews

– Preliminary– Follow-up

• Interviewing Children


9

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


10

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


11

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


12

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


13

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

14

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


15

Patterns

• Gang rape– More than one assailant

• Elderly rape– Offenders were young, white, single males

• Child rape– Class-related


16

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


17

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


18

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


19

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


1 book cover here chapter 19 sex crimes criminal investigation: a method for reconstructing the...

Documents