Transcript Slide 1

Sexual Assault
In-Service Training
for
Maryland Law Enforcement
Officers
2007
Sexual Assault
In-Service Training
for
Maryland Law Enforcement Officers

Course Series
• Overview of Sexual Assault
• Preliminary Sexual Assault
Investigation
• Sexual Assault Victim Interviews:
Challenges and Techniques
• False Allegations and Unfounded
Reports of Sexual Assault
This project is supported by VAWA-2002-1107, awarded by the U. S.
Department of Justice. The assistant Attorney General, Office of
Justice Programs, coordinates the activities of the program offices
and bureaus. Points of view or opinions contained within this
document are those of the author and do not necessarily represent
the official position or policies of the United States Department of
Justice.
Sexual Assault
Overview
1
Purpose of Training
Enable Law Enforcement
Officers to investigate
sexual assault armed
with accurate
information.
Conservative Estimates
Suggest that…
• At least 25% of American women have been sexually
assaulted in adolescence or adulthood and that 18%
have been raped.
• At least 20% of American men report having perpetrated
sexual assault and 5% of men report having committed
rape.
• At least one-half of all violent crimes involve alcohol
consumption by the perpetrator, the victim, or both.
• Sexual assault occurs most commonly among women in
late adolescence and early adulthood.
• Spousal rape is often more violent and repetitive than
other rape, and it is less commonly reported.
Is This Fact or Fiction?
“Generally, the actions and the appearance of a
legitimate rape victim leave little doubt that a crime has
been committed. Under such circumstances, the victim is
highly agitated, emotionally distraught, often in a state of
hysteria and may have sustained injuries, cuts, bruises or
wounds. The victim’s clothing is often ripped or torn off as
evidence that it was forcibly removed and if the rape
occurs outdoors, the victim is generally thrown to the
ground and her outer garments stained and soiled.
Questions may reasonably be raised concerning the
validity of rape charges in which none or only a few of the
above manifestations exist. ”
Separating Fact from Fiction
Realities about Sexual Assault…
Fiction. Real rape most often occurs between
strangers.
Fact: The vast majority of sexual assaults are
classified as “non-stranger.” In at least 80%
of sexual assaults, the victim knows the
assailant.
Also…
• Unfortunately, your
interview with the
perpetrator may be the
ONLY accountability he
experiences. However, do
not underestimate the
potential effects of this
interview.
Statistic..
• 84% of college males admitting to an act
legally defined as sexual assault Did not
even know they had committed a
crime!
Child Sexual Abuse
(CSA)
• Common Characteristics of CSA
– Delayed disclosure or only part of the
story is told
– Incidents usually take place over a
period of time
– Typically there is no conclusive medical
evidence that sexual abuse occurred.
Time is of the essence.
– Interviews of children require special
handling
Additional Facts
• 60% of sexual assaults
occur in a home.
• Weapons are NOT used in
85% of ALL sexual assaults—
92% in non-stranger cases.
• Injuries were NOT sustained
in 83% of sexual assaults and
61% of ones attempted.
There Are Other Problems...
More to Understand…
• Many adolescents (14-18) engage in high risk behaviors that
may contribute to victimization. Suspects involved are
typically much older and prey on easy victims.
• In interviews with convicted rapists, earliest victims were
younger siblings, neighborhood children, girlfriends,
acquaintances and spouses. Most of the assaults were never
reported.
• A 1993 Senate Judiciary report indicated that 98% of sex
offenders are never caught, tried, or imprisoned.
Once offenders understand how easy it is to get away with
rape, their behavior escalates. They DO NOT STOP at one
victim.
Separating Fact from Fiction
Realities about Sexual Assault…
Fiction: All victims have a similar, predictable response to
the trauma.
Fact: Every victim deals with trauma in a different way.
There is no fixed pattern of response. Rape Victims
often present with numbness and shock, which looks
like relative calm.
Expect the Unexpected
Did you know…
• That when a person’s
fight/flight/freeze
response is activated,
the pre frontal cortex
of their brain (“the
rational mind”) is
disengaged.
Separating Fact from Fiction
Realities about Sexual Assault…
Fiction: Persons who are really sexually assaulted
call the police immediately after the assault.
Fact: 84% of victims never call the police. For
those who do contact police, 25% report after
24 hours; 64% within 72 hours.
Victims Are Still Not Reporting.
Why Not?
• Embarrassment
• Loss of privacy
• Fear of being blamed or judged because of
circumstances
• Trusted the offender
• Won’t be believed
• Didn’t know the offense was a crime
• Distrust of law enforcement and the criminal justice
system
Separating Fact from Fiction
Realities about Sexual Assault…
Fiction: Victims recover from their trauma and
eventually “get over it.”
Fact: Victims report that sexual assault is a lifechanging event that affects the rest of their
lives. The chances that a woman will develop
Post Traumatic Stress Disorder (PSTD) after
being raped are between 50% and 95%.
“Even though it’s a year since the rape, I’ve been feeling upset again. I’m really
confused about this. I’ve been having flashbacks and nightmares like I did just
after it happened. Will I ever get over this?”
Eve, graduate student, sexually assaulted while on vacation by a man who had
offered to give her a guided tour of the island she was visiting
Women with a history of sexual
abuse tend to:
• be revolving-door users of the health
care system
• presenting with complex, chronic
medical conditions
• Seven times more likely to:
– smoke, abuse alcohol or drugs, and
become obese
In other words…
• They are more
likely to die an
untimely
death.
Separating Fact from Fiction
Realities about Sexual Assault…
Fiction: Sexual assault is motivated by sexual desire.
Fact: Sexual assault in an attempt to hurt, humiliate, and
control the victim. Sex is only the weapon. These assaults
include both the actual use of force and/or the threat of
force upon the victim and/or another person(s).
Remember that there is a difference between consent and
submission out of fear. If you fear for your life, your
physical safety, or the life and safety of a loved one, you
may sincerely believe you have no other alternative than to
submit to a sexual act . This does not mean that you have
consented to it; coercion is not consent.
Coercion is not consent!
• She may still FEEL as if she was raped,
even if the act does not meet the legal
definition.
– Help her understand and refer her to local
service providers.
• This is not a false
report!!!
Debunking the Myths
Reasons we have myths?
• Our image of rape and sexual assault is of a
violent, unprovoked attack by a stranger
wearing a hood and wielding a knife in an
unlit parking lot or wooded area.
• Many aspects of our society, primarily the
media, perpetuate the myth.
• Allows people to feel safe from the threat of
victimization.
• To avoid the gray area and keep things
“black and white.”
Debunking the Myths
Consequences of believing them
• Victims are not believed and their
credibility questioned
• Some cases are not investigated
appropriately
• Offenders may repeat their crime as they
learn they can get away with
Needed:
A Dynamics-Based Investigation
•
98% of rape victims will never see their attackers apprehended, convicted, or
incarcerated. 54% of all rape prosecutions will result in either a dismissal or an
acquittal. Adding together the convicted rapists sentenced to probation and those
sentenced to local jails, almost half of all convicted rapists are sentenced to less
than 1 year behind bars. Violence Against Women: The Response to Rape,
prepared by the Majority Staff of the Senate Judiciary Committee, May 1993)
•
Assure the victim you understand the dynamics of sexual assault.
•
Approach the case with the assumption it is valid.
•
Utilize a team approach.
•
Corroborate the victim’s credibility.
•
Understand the bias and investigate through it.
•
Reduce the likelihood of inconsistent or untrue information in victim’s
statement.
•
Understand the difference in evidence to overcome a consent defense.
Maryland Coalition Against Sexual Assault
1517 Governor Ritchie Highway, Suite 207
Arnold, Maryland 21012
410-974-4507 (phone)
410-757-4770 (fax)
www.mcasa.org (web)
[email protected] (email)