Chapter 10

Sex Offenses

Hess 10-1

Introduction• Anyone may become a victim of sexual assault• Some sex offenders are emotionally disturbed and feel

no remorse• Most victims know their attacker• Most attacks do not occur in dark alleys

Hess 10-2

HARASSING BEHAVIOR• Stressful and frightening• Callers want to remain anonymous• First step is to make a police report• Next contact may be the phone company• Police have resources to identify service providers

Hess 10-3

Investigating Obscene Telephone Calls and Texts

CONCERNS• Soliciting sexual intercourse for pay• Personal safety concerns• Public health concerns• Quality-of-life concerns

Hess 10-4

Investigating Prostitution

TRAFFICKING VERSUS SMUGGLING• Smuggling

Paid to assist in the illegal crossing of borders Person may choose to be smuggled

• Trafficking Forced to work off debt from smuggling Forced into a situation of exploitation

Hess 10-5

Investigating Human Trafficking

MYTHS AND MISCONCEPTIONS• Victim knew or was paid• Has to cross borders• Can’t be U.S. citizens

CHALLENGES TO LAW ENFORCEMENT• Jurisdictional and investigatory difficulties

Hess 9-6

Investigating Human Trafficking

OFFENSES• Bigamy• Child molestation• Incest• Indecent exposure• Prostitution• Sodomy and rape (sexual assault)

Hess 10-7

Classification of Sex Offenses

ELEMENTS OF THE CRIME• Commonly includes an

act of sexual intercourse Other than a spouse Without victim’s consent Against the victim’s will By force

Hess 10-8

Rape/Sexual Assault

CHALLENGES TO INVESTIGATION• Sensitive nature of the offense• Social attitudes• Victim’s horror or embarrassment• Rape investigation requires great sensitivity

Rape/Sexual Assault

Hess 10-9

INFORMATION TO OBTAIN• Conduct a field identification• Check modus operandi files

PHYSICAL EVIDENCE• Rape kits • Secure the scene• Photograph all injuries to

the victim

Hess 10-10

The Police Response

INVESTIGATING DATE RAPE• Common date rape drugs• Drug-Induced Rape Prevention

and Punishment Act • Inform medical personnel • Date rape drug suspected• Blood and urine tests

The Police Response

Hess 10-11

EVIDENCE COLLECTION• Seek prompt medical attention• Key to prosecution in future• Sexual Assault Nurse Examiners (SANE) program

Classroom training Clinical training

Hess 10-12

Victim’s Medical Examination

BENEFITS• Victims retain their anonymity • Confidentiality • Critical information shared• Victims can gather legal information • Don’t have to commit immediately to investigation

Hess 10-13

Blind Reporting

OVERVIEW• Reinforce the victim’s emotional well-being• Obtain the facts• Deal with victim’s emotional and psychological needs• Cooperation depends on interviewer’s attitude• Interview location is important

Hess 10-14

Interviewing the Victim

ESTABLISHING THE BEHAVIORAL PROFILE• Method of approach• How perpetrator maintained control

ENDING THE VICTIM INTERVIEW• Explanation of available victim assistance programs• Explain what will happen next• Give case number and phone number to call

Interviewing the Victim

Hess 10-15

FOLLOW UP• 2 to 5 days• Compare statements• Crime scene or evidence altered in any way• Interview all possible witnesses

Hess 10-16

Follow-Up Investigation

INTERVIEWS• Locate as soon as possible• Canvass neighborhood• Determine relationships• Interview acquaintances• Many victims know their rapists

Hess 10-17

Interviewing Witnesses

CLASSIFICATIONS• Know the victims• Known sex offenders• Sadistic• Rapists• Fantasy in sexual assault

Hess 10-18

Sex Offenders

OBJECTIVES• Record any spontaneous statements • Photograph suspect• If more than one suspect is present, separate them• Suspect should be the last person interviewed• Building rapport is the first step

Hess 10-19

Taking a Suspect into Custody and Interrogation

INTERAGENCY COOPERATION• Public and news media • Medical and hospital personnel• Rape crisis centers • Social workers

Hess 10-20

Coordination with Other Agencies

CONVICTION• Requires medical evidence• Physical evidence such as torn clothing• Evidence of injuries • Complaint reported reasonably close to the time of

the assault

Hess 10-21

Prosecution of Rape and Statutory Charges

RISK OF RECIDIVISM• Legislation that allows the civil commitment • Sex offender civil commitment (SOCC)• Many contend that these acts violate offenders’ civil

rights• Must be proof an offender is having difficulty

Hess 10-22

Civil Commitment of Sex Offenders after Sentences Served

FEDERAL STATUTES• Evolution of sex offender registries• Jacob Wetterling Act• Megan’s Law• Pam Lychner Act

Hess 10-23

Sex Offender Registry and Notification

MONITORING• Internet• Global positioning system (GPS)• Motor vehicle database• Flag driver-license and vehicle registration files

Hess 10-24

Sex Offender Registry and Notification

Summary• Distinction between human trafficking and smuggling

lies in freedom of choice• Special challenges in investigating rape include the

sensitive nature of the offense• Many departments have implemented a procedure

known as blind reporting• The evolution of sex offender registries can be traced to

a trilogy of federal statutes

Hess 10-25