Godoy, Marisol .

IVBBSCRIM

MODULE 3

RAPE AND SEXUAL OFFENSES

Rape is generally defined as an act of sexual intercourse against a female by

force or against her will. Rape may also occur when sexual intercourse involves a
female under a certain age, regardless of that female’s willingness to engage in the
act. This type of rape is typically referred to as statutory rape. In defining rape, all
state statutes waive requirement of force and unwillingness when the victim is
unconscious or mentally deranged. Any sexual penetration, however slight, is
sufficient to complete the crime. The courts have wisely established the legal
precedent that “against her will” need not be demonstrated by senseless physical
resistance. Resistance is deemed unnecessary when it would be futile or would
endanger life.

In the past, it was legally impossible for a husband to rape his wife, although
he could be charged in situation in which he aided another in the rape of his wife.
Now, the concept of using “marital privilege” as a defense against rape is legally
void.

Rape is recognized as a very serious felony that often injures the victim
physically as well as emotionally. Many rape victims experience emotional
disturbances that may persist for a lifetime. Traditionally, rape was considered to be
primarily sexually motivated, but current though points to aggression as a major
causative factor in the crime. Although not all rapes are committed by men who hold
all women in contempt, modern research suggests that significant number of
offenses involve hostility, rather than sexual desires as the prime motivation. Rape
poses many difficulties to the criminal investigator. Not only is it difficult to prevent ,
but its socially sensitive nature often generates information-gathering difficulties.
Rape has been the fastest growing of all crimes against the person, yet it also has
had the lowest proportion of suspect convictions following arrest.

RA 8353 otherwise known as the “Anti-Rape Law of 1997”, has led to rape
now becoming a crime against Persons and introduces new features such as a wife
may charge her husband for rape (marital rape); the victim is no longer limited to
females and males maybe the victim; insertion of objects/penis into the mouth,
genitals, or anal orifice of another person already constitutes rape.

Considering that more of these cases involve women and children , it is

absolutely necessary that investigators be accurate, comprehensive, efficient and
experts on these fields of investigation.

The Victim Questioning

 The initial response to a rape report is typically by the patrol division. Thus,
the uniformed officer has a critical in determining subsequent police actions and
instilling a positive attitude in the victim. The police response is usually brought
about by the victim rather than a second party. Rapes involving children and
adolescents are likely to be reported by parents or other adults. Upon arrival at the
scene, the officer must first attend to any first aid needs that maybe necessary. If
emergency medical attention is not immediately needed, a description of the
offender should be obtained and broadcasted. Obviously, the immediate broadcast
of an offender’s description is not indicated if the report is “cold”, that is, if it occurs
many hours or days after the rape.

Although the majority of departments dispatch patrol units to the scene, a

small number send specialized investigators to take the initial report. The unit is
made up entirely of female investigators who report to any scene in which a victim
requests a female officer or to any scene in which the initial patrol officer feels their
presence is required. The unit was formed on the assumption that many victims do
not feel comfortable being interviewed by a male officer following the rape.

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Unless all members of the patrol division have had special training in rape
investigation and questioning techniques, the questioning during the preliminary
stage should be brief. Questions should establish the criteria for the offense and
description of the offender; they should not detail the sexual aspects of the crime.
All sensitive aspects of the attack and the offender’s method of operation should be
determined as soon as possible by an investigator with special sex-crime training.

1. The rape interview is generally a traumatic experience for the victim.

Regardless of the fact of the interviewing officer, the victim must recount the details
of the offense. The specific details of the rape are necessary to establish the
elements of the offense and the method suspect’s operation. Since many rape
offenders are recidivists, details concerning specific actions of the rapist are essential
for comparison with the past and future crimes.

The Follow-up Interview of the Rape Victim

The sexual assault is a traumatic and life-threatening experience that typically

leaves the victim feeling humiliated, degraded, distrustful, afraid, and angry. Studies
have shown that every sexual assault victim reacts differently to the experience in
one fashion or another. Some victims will appear relatively calm and respond to
questions in a matter of fact manner, whereas others will be crying out hysterical
and unable to respond to questions about the incident. Officers must communicate
an understanding of the traumatic nature of the experience in which the victim has
undergone. This can be done investigation stating directly: “I know you have just
been through a terrifying experience and if you feel uncomfortable at any time while
we are talking, we will take a break until you are able to talk about it”.

The preceding approach to interviewing a sexual assault victim is critical

because the rape experience has left her with a feeling of loss of control of her life.
Care and understanding will allow her to feel that she has regained control. The best
time to establish a supportive, cooperative relationship between the investigator
and the victim is as soon after the preliminary interview as possible. Investigators,
however,must be aware of the victim’s emotional and physical condition, which
might make the interview unwise or impossible.

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The investigator should first consider the victim’s safety, comfort and privacy.
For example, if the assault occurred at the victim’s home, she may prefer that the
interview takes place a a neighbor’s residence. In all cases, the setting should be
comfortable and private, with a few interruptions as possible. It is common for
friends and relatives of the victim to accompany her.

The Medical Examination

A rape victim should be persuaded to undergo a physician’s examination for

medical evidence. Such an examination is important in establishing proof of
penetration as well as determining the presence (or absence) of sperm. It also
provides therapeutic benefit for the victim. It should be noted, however, that the
presence of sperm alone merely shows that the victim had sexual intercourse, not
necessarily, that she was raped.

In fact, it is not the responsibility of the attending physician that a rape has
occurred, only to document that there was sexual intercourse. The determination
that the victim was raped is a legal determination made by the court. The attending
physician should note the patient’s general appearance before her disrobing (e.g.
victim’s emotional state, clothing torn). Additionally, vital signs such as blood
pressure, pulse, temperature, and respiration should be well documented. The
patient’s description of the assault should indicate special areas where the physician
should concentrate on the examination. For example, the use of restraints may
result in broken blood vessels or bruises. Bruises should be described in terms of
shape, color and size.

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The general exam is required for the purpose of collecting specimens for
evidentiary purposes. Combing the pubic hair for specimens of foreign hair and
obtaining clippings of hair for comparison may be conducted at this point. A rectal
exam is required if the assault included rectal intercourse. This examination will
include an external examination for signs of tenderness or injury. Because of the
intense psychological trauma a physician of their choice and a medical facility also of
their choosing waiting area. When the exam is concluded, the investigator should
obtain a written report from the physician outlining his or her findings and
conclusions.

(Groth, Burgess, and Holmstrom (1977)

Groth, a leading expert on sex crimes, describes the role of both the “power”
and “anger” rapists. Roth has developed the main premise behind the rapist profile
in his typologies. The power rapist has been subdivided into two personality types:
the power-reassurance rapist and power-assertive anger-retaliatory rapist and the
anger-excitation rapist.

The force used and level of severity (Hazelwood and Burgess)

1. Minimal Force. Little or no force is used, but minimal slapping may be used to
intimidate.

2. Moderate Force. The repeated hitting or slapping of the victim in a painful manner
is accompanied by use of profanity.

3. Excessive Force.The victim is beaten on all or most part of her body.

4. Brutal Force. Sadistic torture and intentional infliction of physical and emotional
pain are employed.