Practical Aspects of Rape Investigation ─ A Multidisciplinary Approach

U.S. Justice Department statistics indicate that only 26 percent of all rapes or attempted rapes are reported to law enforcement officials, and only slightly more than half of these result in the arrest of a suspect. Part of the problem lies in the public’s lack of faith in the criminal justice system’s ability to effectively deal with rape, victims, and the offenders. Practical Aspects of Rape Investigation: A Multidisciplinary Approach, Fourth Edition presents several new research findings and forensic techniques which enable agencies to overcome past impediments to successful intervention and prosecution. This revision of the perennial bestseller adds several new chapters and expertly advances the state of knowledge for police, health professionals, rape crisis staffs, and other criminal justice professionals. The book begins with a focus on the victim and reviews contemporary issues in the field of sexual violence, discusses the impact of sexual assault on the victim, and outlines victim care services. Then, from an investigative perspective, the book examines the relevance of fantasy, impulsive and ritualistic behavior, the personality of the offender, victim and offender interviews, geographic profiling, false allegations, and false confessions. A discussion of forensics and the court includes topics on collection of evidence, medical examinations and treatment, and trial preparation issues. Lastly, the book examines special populations with sections on pedophiles, female and juvenile offenders, drug-facilitated rape, sexual sadism, abuse of the elderly, and the timely topic of educator misconduct. This work was compiled by former FBI Agent Robert R. “Roy” Hazelwood and Ann Wolbert Burgess, Professor of Psychiatric Nursing at Boston College. The comprehensive text they have assembled is the definitive resource for those who must contend with the crimes of rape and other sexual assaults.

Section I: The Victim Contemporary Issues, Ann Wolbert Burgess and Carol Harvey Marchetti Introduction The Size of the Problem Incidence Prevalence Under-reported Crime Relationship of Victim and Offender Evidentiary Examination of the Victim Crimes against the Elderly Homicide Elder Sexual Abuse in Nursing Homes History of Psychological Trauma The Psychobiology of Trauma Memory Developmental Traumatology: A Neurobiological Perspective Substance Abuse Date-Rape Drugs Stalking Cyberstalking Youth Online Victimization Collegiate Stalking and Cyberstalking Adult Cyberstalking Cyber Child Pornography References Rape and Its Impact on the Victim, Angela F. Amar and Ann Wolbert Burgess Introduction Rape Trauma Syndrome Anxiety-Based Disorders Depression Substance Abuse Psychosocial Adaptation Childhood Sexual Abuse Physical Health Effects of Rape Pregnancy Sexually Transmitted Diseases (STDs) Perception of Health Utilization of Health Services General Health Effects Genital Injury Specific Populations Global Perspectives Overview of Culture and Its Relevance to Sexual Assault Cultural Values and Sexual Assault Research Related to Rape and Culture Global Reports of Rape and Sexual Assault Investigative Implications References Victim Services and SANE/SART Programs, Ann Wolbert Burgess, Annie Lewis-O’Connor, M. Elaine Nugent-Borakove, and Patricia Fanflik Introduction Rape Crisis Centers Hospital-Based Victim Care Service: Early Services Rape Crisis Services The National Sexual Violence Resource Center (NSVRC) The Evolution of SANE and SART The Anti-rape Movement and the Development of Rape Crisis Centers The “Second Assault”: Early Treatment of Rape Victims by the System SANE/SART: Past and Present Structure and Operation of SANE/SART Programs Research on SANE/SART Programs References Section II: Investigation The Relevance of Fantasy in Serial Sexual Crimes Investigation, Robert R. Hazelwood and Janet I Warren Introduction The Human Sex Drive Sex Is a Sensory Act The Paraphilias Fantasy in Sexual Crimes Inanimate Objects Dolls Photographs/Magazine Pictures Clothing Consenting Partners Prostitutes Girlfriends or Spouses as Partners Self-Composition Investigative Significance of Fantasy Fantasy and Intelligence Fantasy Is Always Perfect Fantasy Enactment with Wives and/or Girlfriends Fantasy and the Linking of Cases Fantasy and Search Warrants Fantasy and Prosecutive Strategy Summary References The Sexually Violent Offender: Impulsive or Ritualistic, Robert R. Hazelwood and Janet I. Warren Introduction The Impulsive Sex Offender Motivation Fantasy Personality Style Collections/Pornography Pre-offense Acting Out Criminal Behavior Past Criminal Behavior Travel and Search Patterns The Ritualistic Offender Motivation Personality Style Fantasy Relational Paraphilic Demographic Situational Self-perceptional Pre-offense Acting Out Criminal Behavior Pornography Criminal History Summary References The Behavioral-Oriented Interview of Rape Victims: The Key to Profiling, Robert R. Hazelwood and Ann Wolbert Burgess Introduction Motivation Profiling the Unidentified Rapist Questioning for Behavior Method of Approach Con Blitz Surprise Offender’s Control of the Victim Mere Presence Verbal Threats Presence of a Weapon Physical Force Offender’s Use of Physical Force Minimal Moderate Excessive Brutal Victim Resistance Passive Resistance Verbal Resistance Physical Resistance Offender’s Reaction to Resistance Cease the Demand Compromise or Negotiate Flee Threaten Force Sexual Dysfunctions Erectile Insufficiency Premature Ejaculation Retarded Ejaculation Conditional Insufficiency Conditional Ejaculation Type and Sequence of Sexual Acts Verbal Activity Forced Victim Verbal Activity Sudden Change in Offender’s Attitude Criminal Experience Novice Experienced Items Taken Evidentiary Valuables Personal Indications That Victim Was Targeted Summary References Analyzing the Rape and Profiling the Offender, Robert R. Hazelwood Introduction Selfish versus Pseudo-unselfish Behavior Pseudo-unselfish Behavior Verbal Behavior Sexual Behavior Physical Behavior Selfish Behavior Verbal Behavior Sexual Behavior Physical Behavior Rapist Typologies Power Reassurance Rapist General Purpose of Attack Style of Attack Power Assertive Rapist General Purpose of Attack Style of Attack Anger Retaliatory Rapist General Purpose of Attack Style of Attack Anger Excitation Rapist General Purpose of Attack Style of Attack Opportunistic Rapist General Purpose of Attack Style of Attack The Gang Rape General Purpose of Attack Style of Attack A Case Study Criminal Investigative Analysis Victimology Low Risk Moderate Risk High Risk Method of Approach Method of Control Amount of Force Victim Resistance Reaction to Resistance Sexual Dysfunction Type and Sequence of Sexual Acts Offender Verbal Activity Attitudinal Change What Preceded the Attitudinal Change Precautionary Actions Items Taken Purpose of the Assault Offender Profiling The Profile Personality Characteristics Race Age Arrest History Marital Status Residence Education Military History Employment Transportation Appearance and Grooming Summary References Interviewing the Rapist, Michael R. Napier Introduction Developing the Interview Plan Traits of Successful Interviewers Question Formulation Tools of the Profession Reading Minds Planting Ideas Theme Development Test of Commitment Offender-Specific Tactics The Power Reassurance Rapist The Power Assertive Rapist The Anger Retaliatory Rapist The Anger Excitation Rapist References Bibliography Geographic Profiling in Serial Rape Investigations, D. Kim Rossmo Introduction Criminal Investigative Process Linkage Analysis Physical Evidence Offender Description Crime Scene Behavior Stranger and Serial Rape Geography of Rape Geographic Profiling Geographic Profiling Considerations Criminal Hunting Methods Crime Locations Questions The Rigel Software System Investigative Strategies and Tactics Suspect Prioritization Police Information Systems Task Force Management Sex Offender Registries Government and Business Databases Motor Vehicle Registrations Bloodings Peak-of-Tension Polygraphy Conclusion References Linkage Analysis: M.O., Ritual, and Signature in Serial Sexual Crimes, Robert R. Hazelwood and Janet I. Warren Introduction Modus Operandi Ritualistic Behaviors in Sexual Crimes Observations Regarding M.O. and Ritual The Signature in Sexual Crimes A Case Example The Linkage Analysis The Analysis in the Sanchez and Johnson Cases The Motive The Modus Operandi (M.O.) The Ritual The Signature Dissimilar Features of the Crimes Features Other Than M.O. or Ritual Conclusions References False Rape Allegations, Robert R. Hazelwood and Ann Wolbert Burgess Introduction Definition Potential Consequences of a False Allegation Imprisonment of an Innocent Person Impact on Legitimate Victims of Rape Emotional Problems in Need of Attention Problems Confronting the Investigator Classification of Unfounded Rape Cases Sex-Stress Situations False Rape Allegation Delusional Rape Allegation Who Makes a False Allegation? Motives for False Rape Allegations Attention/Sympathy Anger/Revenge Alibi False Allegations and the Adaptation Continuum Munchausen Syndrome Mental States Factors Consistent with False Allegations Initial Complaint Assailants Sexual Assault Evidence Injuries Personality and Lifestyle Considerations Other Second Opinion Summary Acknowledgments References Collateral Materials in Sexual Crimes, Robert R. Hazelwood and Kenneth V. Lanning Introduction Traditional Evidence in Sexual Crimes Forensic Evidence Circumstantial Evidence Eyewitness Evidence Direct Evidence Collateral Materials Types of Collateral Materials Erotica Educational Introspective Intelligence Case Study Summary References Interrogation and False Confessions in Rape Cases, Richard A. Leo Introduction Causes of False Confessions The Police Interrogation Step 1: Shifting the Suspect from Confident to Hopeless Step 2: Offering the Suspect Inducements to Confess The Different Types of False Confessions Voluntary False Confession Stress-Compliant False Confession Coerced-Compliant False Confession Coerced-Persuaded False Confession Noncoerced-Persuaded False Confession The Consequences of False Confessions Conclusion References Section III: Forensics and Court Physical Evidence in Sexual Assault Investigations, Robert P. Spalding and P. David Bigbee Introduction The Nature of Physical Evidence The Identification of Evidence General Types of Evidence Class Characteristic Evidence Individual Characteristic Evidence Evidence Resulting from Transfer Direct Transfer Indirect Transfer The Evidence Environment Evidence/Crime Scene Contamination The Nature of the Evidence Environment The Personnel Careless and/or Inadvertent Alteration at the Scene The Packaging of Evidence The Laboratory Environment Degradation of Evidence Considerations Relating to the Victim, Suspect, and Assault Scene The Victim The Suspect Sexual Assault Evidence Collection Kits Known Blood Known Saliva Head Hair Combing/Brushing Pubic Hair Combing/Brushing Combing/Brushing of Body Hair Regions Other Than Head and Pubic Vaginal Swabs Oral Swabs Anal Swabs Microscope Smear Slides Made from Swabs Vaginal Aspirate Oral Rinse (Wash) Nasal Mucus Sample Fingernail Scrapings Clothing Penile Swabs Miscellaneous Debris Collection Sheets/Body Bags The Crime Scene General Stages of Crime Scene Investigation Approach the Scene Secure and Protect the Scene Conduct a Preliminary Survey Evaluate Observed Evidence Prepare a Narrative Description Photograph the Scene Sketch the Scene Conduct a Detailed Search for Evidence Collect, Preserve, and Document the Evidence Conduct a Final Survey Release the Scene It Does Not End There Blood-Borne Pathogens Bloodstain Patterns Summary Evidence Recovery Considerations in Sexual Assault Investigations, Robert P. Spalding and P. David Bigbee Introduction Recovery of Questioned Evidence Hairs and Fibers Search Methods and Techniques General Unassisted Visual Search Oblique Light Ultraviolet Light Vacuuming Adhesive Lifts Combing/Brushing Fingernail Scrapings and Clippings Lasers and Alternate Light Sources (ALSs) Blood Conventional Forensic Analysis DNA Analysis Restriction Fragment Length Polymorphisms (RFLPs) Polymerase Chain Reaction (PCRs) Newer Technologies Recovery of Blood Evidence Wet Blood Dried Bloodstains Control Samples Representative Samples Chemical Presumptive Tests Chemical Agents Chemical Enhancement of Blood Evidence Bloodstain Pattern Evidence Semen Conventional Semen Serology DNA in Semen Semen Evidence Recovery Sexual Assault Evidence at the Scene Locating Semen at the Scene DNA and UV Light Post-event Alteration of Stains Saliva Saliva Recovery Ash Tray Contents Bite Marks Recovery of Known Evidence Known Hair Samples How Many Hairs? How Should They Be Collected? Elimination Samples Animals Known Fiber Samples Fiber Samples to Be Taken Taking the Samples Known Blood Samples Known Saliva Samples Marking of Evidence for Identification Direct and Indirect Marking What Should Be Marked on the Evidence? Use of an Evidence Log Chain of Custody Materials Used to Package Physical Evidence Small Evidence Items Large Evidence Items Summary Acknowledgments Additional Reading Medical Examination of Sexually Abused Children, Andi Taroli Primum Non Nocere Multidisciplinary Investigations The Pediatrician’s Role The Scope of the Problem “Children Are Not Little Adults” The Medical History The Patient’s History (Interview) General Principles for Interviewing Children Setting Timing Questions Number of Interviews Content Past Medical History, Family and Social History, and System Review The Physical Exam Colposcopy The Hymen—Myths and Truths Examination Findings Acute Injury Chronic Exam Findings Why Are Positive Physical Findings Uncommon? “Penetration, However Slight” Evidence for Absence of Physical Findings The Written Report Forensic Evidence Collection Where the Evidence Is (and Where It Is Not) Sexually Transmitted Disease (STD) False Allegations of Sexual Abuse in Children Sequelae References Resources Injury and Forensic Examination of the Victim, Kathleen P. Brown and Marilyn S. Sommers Introduction Overview Genital Injury Prevalence Injury Prevalence with Visual Inspection Injury Prevalence with Staining Techniques Injury Prevalence with Colposcopy Technique Location of Genital Injury Comparison of Genital Injury Prevalence Following Consensual Sexual Intercourse Genital Injury Type Role of Genital Injury in Criminal Justice Proceedings The Forensic Examination Team Approach to Forensic Services Access to the Sexual Assault Response Team Setting Role of the Forensic Examiner Forensic Interview in Health Care Settings Interview Format Consent Issues History Forensic Examination Overall Appearance Clothing Detection of Injury Collection of Forensic Evidence Examination of Genitalia Rectal Examination Proper Handling (Management) of Evidence Chain of Custody Documentation Drug and Alcohol Testing Therapy and Prophylaxis Follow-up Care Discharge Instructions Conclusion References Classifying Rape and Sexual Assault, Ann Wolbert Burgess and Robert R. Hazelwood Introduction Motivation for Rape: Early Research The Rationale for Classification Usefulness of Classification Crime Classification Numbering System 300: Criminal Enterprise Rape 301: Felony Rape 310: Personal Cause 312: Domestic Sexual Assault 313.00: Entitlement Rape 314: Anger Rape 315: Sadistic Rape 319: Abduction Rape 330: Group Cause Sexual Assault 331: Formal Gang 332: Informal Gang 390: Sexual Assault Not Classified Elsewhere Multiple Motives Underlying Sexual Assault Rape: Its Impact on the Victim Rape Is an Act of Aggression Child Molesters Summary References Prosecuting Rape Cases: Trial Preparation and Trial Tactic Issues, Teresa Scalzo Introduction Conducting an Offender-Focused Prosecution Enhancing the Victim’s Credibility Direct Examination General Trial Strategies Preparation Witness Order Pretrial Motions Voir Dire Opening Statement Victim Cross-Examination Expert Testimony Regarding Victim Behavior Medical Testimony DNA Toxicologist and/or Pharmacologist Cross-Examination of the Defendant Closing Argument Jury Instructions Additional Trial Strategies Summary Section IV: Special Populations Cyber “Pedophiles”: A Behavioral Perspective, Kenneth V. Lanning Introduction Overview Illegal Sexual Activity Legal Sexual Activity Understanding Behavior Paraphilias and Sexual Ritual Behavior “Pedophiles” and Child Molesters Typology Computer Offenders What about “Predators?” Recognizing Preferential Sex Offenders Exaggerated Example “Concerned” Civilians Female Offenders Use of Computers Organization Communicate, Fuel, and Validate Maintenance of Business or Financial Records Child Pornography Interaction with and Soliciting Sex with Children Comments Concerning Prevention Proactive Investigations Staleness of Probable Cause Summary References The Sexual Crimes of Juveniles, John A. Hunter Introduction Developmental Issues Typology Research Modus Operandi Violent Juvenile Sex Offenders Investigative Issues Detection Guidelines for Interviewing Juvenile Sex Offenders Mental Health Evaluations Disposition Decision-Making and Management Effective Community Programming Treatment Focuses Treatment Outcomes References Patterns of Female Sexual Offending and Their Investigatory Significance to Law Enforcement and Child Protective Services, Janet I. Warren and Julia Hislop Introduction Historical Perspective Empirical Typologies of Female Offenders Motivational Typology of Female Sex Offenders The Forbidden Lover: Secrets Are Seductive The Facilitator: Engaging in the Sexual Fantasy of Another The Instigator: Expressing Control and Dominance The Psychotic: There Was a Demon in Her Munchausen by Proxy: “But I Am Only Trying to Protect My Child!” Contributory Factors in Female Sex Offending Re-enactment and Early Trauma Personality Disorders Mental Illness and Substance Abuse Disorders Investigatory Significance of the Paradigm References Bibliography Drug-Facilitated Sex Assault, Michael Welner and Barbara Welner Introduction Tracing the History of DFSA The DFSA Perpetrator What Makes the DFSA Drug? Modus Operandi Components of the DFSA Modus Operandi A Typology of DFSA Settings Accomplices and Conspiracies Intrafamilial DFSA Male-on-Male Offenses Sexual Deviance or Sexual Hunters What Distinguishes DFSA Offenders from Other Sexual Criminals? What Makes a Sound Investigation? References Bibliography The Criminal Sexual Sadist, Robert R. Hazelwood, Park Elliot Dietz, and Janet I. Warren Introduction What Is Sexual Sadism? Physical and Psychological Suffering Sexually Sadistic Behavior Sadistic Fantasy Sadism toward Symbols Consenting or Paid Partners Behavior Patterns Confused with Sexual Sadism Sadistic Personality Cruelty during Crime Pathological Group Behavior Sanctioned Cruelty Revenge-Motivated Cruelty Interrogative Cruelty Postmortem Mutilation Study Conducted Offender Characteristics Crime Characteristics Evidence of Crime Investigating Crimes of the Sexual Sadist Sources Search Warrants Interviewing the Sexual Sadist Summary References Sexual Sadists: Their Wives and Girlfriends, Robert R. Hazelwood Introduction Genesis of the Research Methodology The Women Their Relationships with the Men The Transformation of the Women Selection of a Vulnerable Woman Seduction of the Woman Reshaping the Sexual Norms Social Isolation Punishment Investigative Significance of the Research Crime Behavior The Criminal Former Wives and Girlfriends Summary References Elder Sexual Abuse Victims, Ann Wolbert Burgess and Leonard I. Morgenbesser Introduction Scope of the Problem Literature on Elder Sexual Abuse Barriers in Investigating Elder Sexual Abuse Cases Intentional versus Unintentional Injury Older Adult Victim Unable to Communicate Signs and Symptoms of Abuse Inadequate Evidentiary Examination Resident-on-Resident Sexual Abuse Early Recognition and Detection Interviewing Elder Victims of Sexual Abuse Forensic Services Types of Interventions Brief Therapy Individual Counseling Group Counseling Music Therapy Living Situations of Elderly Victims Independent Living Assisted Living Nursing Home Intervention for Family Members of Sexually Abused Elders Prevention of Elder Sexual Abuse Suggested Approaches to Elder Victims in Nursing Homes Crisis Intervention Nursing Home Staff Sex Offenders of the Elderly, Ann Wolbert Burgess, Robert A. Prentky, and Mark Saffarik Introduction Background Theories of Offending Dynamics of the Offense Victimology Style of approach Control of Victim Victim Resistance Multiple Assaults Types of Sexual Acts Classifying Sex Offenders of the Elderly Typology and Examples Opportunistic Pervasive Anger Sexualization Nonsadistic Types Vindictive Motivation Discussion Taxonomic Heterogeneity Policy and Investigative Implications Motive and Escalation in Serial Sexual Homicide Investigative Profiling and Risk Assessment Conclusion References Bibliography Educator Sexual Misconduct: Grooming Patterns and Female Offenders, James Knoll Introduction Female Perpetrators General Sex Offender Grooming Patterns Educator Sexual Abuse Grooming Patterns Effects of Educator Sexual Abuse Dilemmas Case Example and Discussion Toward Prevention Conclusions References