Sex Offenses

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Chapter 10

• Sex Offenses

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Terms

• Voyeurism window peeking Peeping Tom
• Pedophile a person who is sexually attracted to
  young children
• Sadist a person who derives sexual
  gratification from causing pain to others

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Classifications of Sex Offenses

• Bigamy
• Child molestation
• Incest
• Indecent exposure
• Prostitution
• Rape
• Sodomy

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Sex Offenses

• Cunnilingus
• Fellatio
• Penetration
• Sadomasochistic abuse
• Sexually explicit conduct

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Facts About Rape

• One out of every six U.S. Women has been the
  victim of an attempted or completed rape
• Most rapes occurred under the age of 18
• Rape is predominantly committed by husbands,
  ex-husbands, cohabiting partners and boyfriends
• Women are the predominate victim

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Rape

• Forcible rape statutory intercourse against a
  persons will by the use or threat of force
• Statutory Rape sexual intercourse with a minor,
  with or without consent

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Assumptions vs. Facts About Sexual Assault
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Elements

• An act of sexual intercourse
• With a person other than a spouse
• Committed without the victims consent
• Against the victims will and by force

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The Police Response

• Announce yourself upon arrival at the scene
• Explain to the victim what is being done for her
  safety
• Call for an ambulance if necessary
• Protect the crime scene and broadcast a
  description of the assailant
• Establish a command post away from the scene
• Conduct the preliminary investigation
• Ascertain the background of the accuser and, if
  possible, the accused

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Evidence

• Stained or torn clothing
• Scratches, bruises, or cuts
• Evidence of a struggle
• Semen and bloodstains

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Interviewing the Rape Victim

• Attempt to establish rapport
• Use sympathetic body language
• Explain the necessity for asking sensitive
  questions
• Attempt to reinforce the victims emotional well
  being
• Find a private location
• Use open-ended questions

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Behavior-oriented Interview

• Carefully interview the victim about the rapists
  behavior
• Analyze that behavior to ascertain the motivation
  underlying the assault
• Compile a profile of the individual likely to
  have committed the crime

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Methods of Approach

• Con-approach the offender is initially
  friendly, charming, and dupes the victim
• Blitz approach the offender directly physically
  assaults the victim
• Surprise approach the offender hides in the
  back seat of a car, in shrubbery or behind a wall
  or waits until the victim is sleeping

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Levels of Physical Force

• Mere presence
• 2. Verbal threats
• 3. Display of a weapon
• 4. Use of physical force

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Handling the Suspect

• Record any spontaneous statements made by the
  suspect
• Photograph the suspect
• Separate suspects if more than one present
• Remove the suspect from the scene as soon as
  possible

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Interrogation

• Build rapport
• Ask the suspect to tell his side of the story
  from beginning to end
• Dont interrupt him
• Show interest in what he is saying and keep him
  talking
• You tell me what happened and I will understand

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Applicable Evidence Law

• Testimony about the victims past sexual conduct
  is not admissible unless
• The victim has had prior sexual relations with
  the defendant
• There is evidence of venereal disease or
  pregnancy resulting from the assault
• Circumstances suggest that consent occurred
  within the calendar year
• The victim has not told the truth or filed a
  false report

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Kansas v. Hendricks

• The state may civilly commit to a mental hospital
  people who are likely to commit predatory acts of
  sexual violence due to a mental abnormality or
  personality disorder
• Kansas v. Crane added the limitation that there
  must be proof of an offenders serious difficulty
  in controlling his behavior

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The Trilogy of Federal Statutes

• The Jacob Wetterling Act requires state to
  establish registration systems for child
  molesters and other sexually violent offenders
• Megans Law requires states to release any
  relevant information about registered sex
  offenders and allows disclosure of information
  collected under a state registration program
• The Pam Lyncher Act directed the FBI to
  establish a national sex offender database

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