California Commission on Peace Officer Standards and Training Basic Course Workbook Series - Sex Crimes PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 10 Sex Crimes Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNI...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 10 Sex Crimes Version 5.9 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 10 Sex Crimes Version 5.9 © Copyright 2009 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised August 2001 Revised July 2002 Revised January 2006 Correction August 2017 Revised March 2017 Correction June 2019 Revised August 2022 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Ingrid Braun Sheriff-Coroner Mono County Sheriff’s Department Barry Donelan Sergeant Oakland Police Department Kelly Gordon Chief Monterey Park Police Department P. Lamont Ewell Public Member Geoff Long Public Member Tina Nieto Chief Marina Police Department James O’Rourke Sergeant California Highway Patrol John Marsh Chief Representing Rob Bonta Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 10: Sex Crimes Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Sex Crimes 1-1 Overview 1-1 The Issue of Consent 1-3 Rape 1-8 Assault with Intent to Commit Rape and Other 1-10 Related Crimes Indecent Exposure 1-12 Oral Copulation 1-14 Penetration with a Foreign Object 1-18 Sodomy 1-21 Sexual Battery 1-23 Chapter Synopsis 1-27 Workbook Learning Activities 1-29 Chapter 2: Interacting with the Victim 2-1 Overview 2-1 Physical State of the Victim 2-3 Victim Reactions and Pressures 2-5 Peace Officer Attitudes 2-8 Chapter Synopsis 2-11 Workbook Learning Activities 2-12 Continued on next page LD 10: Sex Crimes i Table of Contents, Continued Topic See Page Chapter 3: Investigating Sex Crimes 3-1 Overview 3-1 Setting the Tone 3-3 Interviewing the Victim 3-6 Collecting Crime Scene Evidence 3-9 Medical/Legal Exam of Victim 3-10 Available Services for the Victim 3-13 Chapter Synopsis 3-14 Workbook Learning Activities 3-16 Chapter 4: Sex Offender Registration 4-1 Overview 4-1 Sex Offender Registration Conditions and 4-2 Requirements Chapter Synopsis 4-7 Workbook Learning Activities 4-8 Supplemental Material S-1 Glossary G-1 ii LD 10: Sex Crimes  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course training officer powers, as recognized in the California Penal Code and where the requirement POST-required standard is the POST Regular Basic Course. Student The following elements are included in each workbook: workbook elements chapter contents, including a synopsis of key points, supplementary material, and a glossary of terms used in this workbook. LD 10: Sex Crimes iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. You may use the workbook in several ways: for initial learning, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST training program and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Begin reading the text. 4 Complete the workbook learning activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined (e.g., term). iv LD 10: Sex Crimes  Chapter 1 Identifying and Classifying Sex Crimes Overview Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for sex crimes, and to correctly categorize these crimes as misdemeanors and felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID Recognize the crime elements required to arrest for: - Rape 10.01.1 - Assault with intent to commit rape or other crimes 10.01.2 Specified in Penal Code Section 220 - Indecent exposure 10.01.3 - Oral copulation, 10.01.5 - Penetration with a foreign object 10.01.6 - Sodomy 10.01.8 - Sexual battery 10.01.9 Recognize the crime classifications as a misdemeanor or 10.01.11 felony Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-1 Overview, Continued In this chapter This chapter focuses on recognizing, naming, and categorizing sex crimes. Refer to the following chart for specific topics. Topic See Page The Issue of Consent 1-3 Rape 1-8 Assault with Intent to Commit Rape and Other Specified 1-10 Crimes Indecent Exposure 1-13 Oral Copulation 1-15 Penetration with a Foreign Object 1-19 Sodomy 1-22 Sexual Battery 1-24 Chapter Synopsis 1-27 Workbook Learning Activities 1-29 1-2 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes The Issue of Consent Introduction Consent is a key issue in many sex crimes including rape, oral copulation, penetration with a foreign object, sodomy and sexual battery. In the case of all these acts, it is the lack of consent that defines the action as a crime. (Penal Code Section 261.6) Ethics It is the obligation of law enforcement to respond to, investigate, and report sexual assault as a violent crime. Circumstances such as the use of alcohol and drugs or self-blaming by the victim should not be used against the victim in determining the validity of the report. Definition Consent means positive cooperation in act or attitude pursuant to an exercise of free will. In other words, consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved. (Penal Code Section 261.6) A person cannot consent to an act when that person does not understand the nature of the act. A person under the age of 18 is not considered capable of giving consent under the law. Consent vs. A victim’s compliance with a sexual act does not mean consent. A victim, compliance who in no way consents, may comply with an attacker to avoid further injury or perceived harm to self or others. NOTE: Resistance and/or injury is not a required element of rape. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-3 The Issue of Consent, Continued Terms A sexual act committed under any of the following circumstances is implying considered to be nonconsensual. lack of consent Against a person’s will means without the consent of the person. Threatening to retaliate means a threat to kidnap or falsely imprison, inflict extreme pain, serious bodily injury, or death. (Penal Code Section 289(1)) Menace means any threat, declaration, or act which shows an intention to inflict injury upon another. (Penal Code Section 261) Duress (force or fear) means direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person of ordinary susceptibility to perform an act to which one would otherwise not have submitted. (Penal Code Section 261) NOTE: Verbal threats are not critical to a rape conviction. Threats can be implied from the circumstances or inferred from the perpetrator’s conduct. NOTE: A special instance of duress is that exerted by a public official, which is defined to be a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. NOTE: During consenting sexual activity, a person may withdraw consent at any time. If the sexual activity continues without consent, a crime has occurred. Continued on next page 1-4 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes The Issue of Consent, Continued Other In determining whether a crime has been committed, peace officers must circumstances answer two questions about consent: Could the victim consent under the law that equal lack and, if so, did the victim consent? The following table illustrates of consent circumstances defining lack of consent. Circumstance Particular Instances Examples Defining Lack of Consent Victim cannot When the victim is incapable due A severely retarded give consent to mental disorder, or woman with an under the law. developmental or physical appointed guardian disability. cannot give consent under the law. Penal Code Section 261(a)(1) Minor below the age of 18 A 17-year-old adolescent is not Penal Code Section 261.5 considered capable of giving consent under the law. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-5 The Issue of Consent, Continued Other Circumstance Particular Instances Examples circumstances Defining Lack that equal lack of Consent of consent (continued) Victim can When the victim is unconscious - A sleeping victim normally give of the nature of the act because cannot give consent, but is the victim is: consent. considered not - unconscious or asleep, - A comatose to have done so. - not aware, knowing, victim cannot give perceiving, or cognizant that consent. the act occurred, or - A victim deceived - not aware, knowing, by a doctor for perceiving, or cognizant of the medical reasons essential characteristics of the cannot give act due to the person’s fraud consent. (in fact). Penal Code Section 261(a)(4) When the victim is prevented - A victim who is from resisting by an intoxicating too drunk to resist or anesthetic substance, or any is not considered controlled substance and this to have given condition is, or should have been, consent. known to the person. - A victim who has been deliberately Penal Code Section 261(a)(3) drugged is not considered to have given consent. Continued on next page 1-6 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes The Issue of Consent, Continued Other NOTE: Penal Code Section 261(a)(3) does not mean that the circumstances perpetrator either directly applied a substance to the body of that equal lack another person or used or procured the other person to take the of consent substance into his or her system. The perpetrator only has to (continued) know, or reasonably should have known, of the condition. Circumstances Penal Code Section 261.6 states that a current or previous marital or dating insufficient to relationship between the victim and perpetrator is not sufficient to constitute constitute consent (if it is an issue in a prosecution under Penal Code Section 261, 286, consent 287, or 289). Penal Code Section 261.7 states that a victim’s request that a perpetrator use a condom or other birth control device does not constitute consent without additional evidence of consent (if it is an issue in a prosecution under Penal Code Section 261, 286, 287, or 289). LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-7 Rape Definition Rape is an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without the consent of the person. Leadership As first responders, peace officers are tasked with helping victims regain a sense of control of their lives and beginning the healing process. Officers who do this limit the possibility of the victim being further victimized by the criminal justice system. A sensitive and understanding officer can have an important positive impact on the victim of this kind of crime. Penal Rape is covered under Penal Code Section 261. code section Sexual Penetration, however slight, completes the act of rape (Penal Code Section penetration 263). Absent penetration, an officer should evaluate for an assault with attempt to commit rape. (Penal Code Section 220/261) Crime To arrest a subject for rape, the necessary crime elements include: elements an act of penile/vaginal intercourse which is committed with a person, and without consent of the person. NOTE: Verbal threats are not critical to a rape conviction. Threats can be implied from the circumstances or inferred from the perpetrator’s conduct. Classification The crime of rape is a felony. Continued on next page 1-8 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Rape, Continued Examples Example: A man knew the victim was intoxicated by drugs or alcohol and was unable to give consent. The man had penile/vaginal intercourse with the victim; the crime of rape was committed against the victim. Example: Because the victim felt physically threatened by a man she knew, she agreed to have sex with him to avoid injury, providing he used a condom. The crime of rape was committed. Example: A man who had penile/vaginal intercourse with a woman who consented, but who then had a change of heart and revoked consent after initial penetration, committed the crime of rape, because the man did not stop when asked. LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-9 Assault with Intent to Commit Rape and Other Related Crimes Definition Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object refers to an incomplete attempt to commit these acts. Penal Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in code concert, lewd acts with a child, or penetration with a foreign object is covered section under Penal Code Section 220. Crime To arrest a subject for intent to commit rape or crimes covered under Penal elements Code Section 220, the necessary elements include: assault with specific intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object. NOTE: The crime of assault with intent to commit crimes identified in Penal Code Section 220 is complete if an assault is made and, at any moment during the assault, the perpetrator intends to commit one of the crimes listed in Penal Code Section 220. NOTE: “Rape,” listed in Penal Code Section 220, includes spousal rape. NOTE: The terms, application of force and apply force, mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Making contact with another person, including through his or her clothing is enough. The touching does not have to cause pain or injury of any kind. Continued on next page 1-10 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Assault with Intent to Commit Rape and Other Related Crimes, Continued Classification The crime of assault with intent to commit crimes is a felony. Other Attempts to commit other crimes not included in this section are identified related under Penal Code Section 664, attempt. facts Nuances of Through questioning, evidence, behavior, admission, or a totality of the assault with circumstances, peace officers must establish that the subject had specific intent intent to to commit a sex crime. commit rape Examples Example: A man wrestled a female to the ground in a dark carport with intent to rape her. The headlights of an approaching car frightened him off before he could complete the sex act. The man committed assault with intent to commit rape. (Penal Code Sections 220(a)) Example: A man restrained a male victim and pulled his pants off while stating his intent to sodomize the victim. The victim, however, was stronger and fought the man off. The man committed assault with intent to commit sodomy. (Penal Code Sections 220(a)) LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-11 Indecent Exposure Definition Indecent exposure is an act in which a person willfully and lewdly exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other individuals to be offended or annoyed thereby. Penal Indecent exposure is covered under Penal Code Section 314. code section Crime To arrest a subject for indecent exposure, the crime elements include: elements every person who willfully and lewdly, expose their private parts where there are others present to be offended. Related To understand indecent exposure, peace officers need to become familiar with terms the following terms. Willfully means an act done intentionally, knowingly, purposely, and without justifiable excuse. Lewdly means with specific intent to direct public attention to one’s genitals. Private parts (intimate parts) mean the sexual organ, anus, groin, or buttocks of any person and the breast of a female. These terms are important since both willfulness and lewdness are required elements of this crime. Continued on next page 1-12 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Indecent Exposure, Continued Classification The crime of indecent exposure is a misdemeanor, except as noted in the table below. Conditions of Crime Classification Classification Prior conviction for: felony - lewd acts with a child (Penal Code Section 288(a)) - indecent exposure (Penal Code Section 314) When the person enters an inhabited dwelling felony house, trailer coach, or inhabited portion of any building and entry was made without consent All other circumstances misdemeanor Examples Example: A woman who sneaked into a home and exposed herself to the occupants committed felony indecent exposure. Example: A man who approached a woman in a shopping mall, exposed himself and masturbated, committed the crime of indecent exposure. Classification as a felony or misdemeanor will depend on prior convictions. LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-13 Oral Copulation Definition Oral copulation is the act of copulating (uniting) the mouth of one person with the sexual organ or anus of another person. Policing Knowledge regarding the effect of a sexual assault on the victim will help in our prevent further victimization. Sexual assault victims may be reluctant to make communities police reports for fear of retaliation by the perpetrator or because of feelings of shame and embarrassment. Victims sometimes blame themselves, doubt their own judgment, and often feel responsible. Officers can create partnerships with the community and social agencies to educate the public on the value and confidentiality of the reports. Penal Oral copulation is covered under Penal Code Section 287. code section Crime To arrest a subject for oral copulation, the necessary elements are: elements the act of copulating the mouth of one person with the sex organ or anus of another person, without consent of the victim. NOTE: Just touching the mouth to the sexual organ or anus of another completes the offense. Penetration is not necessary. Classification The crime of oral copulation is a felony. Continued on next page 1-14 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Oral Copulation, Continued Related Peace officers need to know the following term: term Copulating is an act of coupling or uniting two things. The crime of oral copulation is completed simply by touching (i.e. coupling) the mouth of one person to the sexual organ or anus of another. Examples Example: A man who forced a woman to kiss his genitals by threatening to kill her family members committed the crime of oral copulation. Example: A woman who performed oral sex on a severely retarded man who was unable to understand the act, committed the crime of oral copulation. Expanded The table below shows the sections of the code which deal with particular penal instances of the crime. code sections Circumstances of the Crime Penal Code Section Participating in the act with another person under 18 years 287(b)(1) of age Victim is under 16 years of age and the suspect is over 21 287(b)(2) Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-15 Oral Copulation, Continued Expanded Circumstances of the Crime Penal Code penal Section code A suspect participates in an act of oral copulation with 287(c)(1) sections another person under 14 and is more than 10 years younger (continued) than the suspect The act is accomplished against the victim’s will by means 287(c)(2) of force, violence, duress, menace, or fear of immediate and unlawful bodily injury of the victim or another person The act is accomplished against the victim’s will by 287(c)(3) threatening to retaliate in the future against the victim or any other person Oral copulation in concert 287(d)(1) Oral copulation where a person is confined in a state prison 287(e) or local facility The victim is unconscious of the nature of the act, and this 287(f) is known, or reasonably should be known, to the person committing the act The victim is incapable, because of a mental disorder or 287(g) developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act Oral copulation where both the victim and perpetrator are 287(h) confined in a mental hospital Continued on next page 1-16 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Oral Copulation, Continued Expanded Circumstances of the Crime Penal Code penal Section code The victim is prevented from resisting by any intoxicating 287(i) sections or anesthetic substance or controlled substance and this (continued) condition is known, or reasonably should have been known, by the suspect The victim submits under the belief that the person 287(j) committing the act someone known to the victim other than the accused The act is committed by a public official under threat of 287(k) incarceration, arrest, or deportation of the victim or another person LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-17 Penetration with a Foreign Object Definition Penetration with a foreign object is an act in which the genital or anal opening of a person is penetrated by any instrument, substance, device, or unknown object. Penal Penetration with a foreign object is covered under Penal Code Section 289. code section Crime To arrest a subject for penetration with a foreign object, the necessary crime elements elements include: the use of a foreign or unknown object for purposes of sexual arousal, gratification, or abuse to penetrate, however slight, the genital or anal openings against the person’s will or causes another person to penetrate under the conditions outlined in the chart at the end of this section. Related Peace officers need to know the following related terms: terms A foreign object is any instrument, substance, device, or part of the body, except a sexual organ. An unknown object includes any foreign object, substance, instrument, device, or any part of the body, including a penis, (if it is not known what object penetrated the opening). Classification The crime of penetration with a foreign object is a felony. Continued on next page 1-18 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Penetration with a Foreign Object, Continued Examples Example: A man who penetrated a woman’s vagina with the barrel of a gun against her will committed the crime of penetration with a foreign object. Example: A man who penetrated a victim’s anus with his fingers against the will of the victim committed the crime of penetration with a foreign object. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-19 Penetration with a Foreign Object, Continued Expanded The table below shows the sections of the code which deal with particular penal instances of the crime. code sections Circumstances of the Crime Penal Code Section Against the victim’s will by force, fear, or retaliation 289(a)(1) Victim incapable of consent due to mental disorder or 289(b) developmental physical disability Person and victim confined in state hospital 289(c) Victim is unconscious of the act 289(d) Victim is prevented from resisting by intoxicating or 289(e) anesthetic substance or any controlled substance, and this condition was known, or reasonably should have been known, by the person Person induces the belief that he or she is the victim’s 289(f) spouse Under the color of authority 289(g) Victim under 18 years of age 289(h) Victim under 16 years of age and suspect over the age of 21 289(i) Victim under 14 years of age and suspect more than 10 289(j) years older 1-20 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Sodomy Definition Sodomy is sexual conduct in which there is contact between the penis of one person and the anus of another with any penetration, however slight. Penal Sodomy is covered under Penal Code Section 286. code section Crime To arrest a subject for sodomy, the necessary crime elements include: elements sexual conduct consisting of contact between the penis of one person and the anus of another person under the conditions outlined in the chart at the end of this section. Classification The crime of sodomy is a felony. Examples Example: A man who contacted, with slight penetration, another person’s anus with his penis, against that person’s will, has committed the crime of sodomy. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-21 Sodomy, Continued Expanded The table below shows the sections of the penal code that address the crime of penal sodomy: code sections Circumstances of the Crime Penal Code Section Victim is under 18 years old 286(b)(1) Victim is under 16 years old and person is over 21 286(b)(2) Victim is under 14 years old and is more than 10 years 286(c)(1) younger Act is accomplished against victim’s will by means of force 286(c)(2) or fear of immediate and unlawful bodily injury on the victim or any other person Sodomy in concert 286(d) Sodomy while imprisoned 286(e) Victim is unconscious of the nature of the act, and this is 286(f) known to the perpetrator Victim is incapable, because of mental disorder or 286(g) developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act Sodomy while in a mental hospital 286(h) Victim is prevented from resisting by any intoxicating or 286(i) anesthetic substance or any controlled substance, and this condition is known, or reasonably should have been known, by the accused Sodomy by inducing the belief that the person is the 286(j) victim’s spouse Sodomy under color of authority 286(k) 1-22 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Sexual Battery Definition Sexual battery is the act of touching another person’s intimate parts for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the will of the person. Penal Sexual battery is covered under Penal Code Section 243.4(a). code section Crime To arrest a subject for sexual battery, the necessary crime elements include: elements the victim’s or person’s intimate part is touched without consent of the victim, and with specific intent to achieve sexual arousal, sexual gratification, or sexual abuse. NOTE: For felony sexual battery, the victim must be unlawfully restrained and the intimate part (either victim or person) must be touched. Related To understand the crime of sexual battery, peace officers need to become term familiar with the following term. Intimate parts (private parts) refers to the sexual organs, anus, groin, or buttocks of any person or the breast of a female. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-23 Sexual Battery, Continued Classification The following chart is designed to show the differences between classifications. Conditions of Crime Classification Classification Penal Code Section - Any person who touches and felony/misdemeanor 243.4(a) intimate part of another person (wobbler) while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse - Any person who touches an felony/misdemeanor 243.4(b) intimate part of another person (wobbler) who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification or sexual abuse - Any person who touches an felony/misdemeanor 243.4(c) intimate part of another person for (wobbler) the purpose of sexual arousal, sexual gratification or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose Continued on next page 1-24 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Sexual Battery, Continued Classification Conditions of Crime Classification Classification (continued) - For the purpose of sexual arousal, felony/misdemeanor 243.4(d) sexual gratification, or sexual (wobbler) abuse, causes another against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person - Any person who touches an misdemeanor 243.4(e)(1) intimate part of another person , if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse or - the defendant was an employer and the victim was an employee of the defendant According to Penal Code Section 243.4(e)(2), touches means the physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-25 Sexual Battery, Continued Examples Example: A woman who placed her hand inside a man’s pants and fondled his penis without his consent committed the crime of misdemeanor sexual battery. Example: A male high school student who pushed a female high school student up against a locker, reached into her blouse and fondled her breasts, committed the crime of felony sexual battery. 1-26 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Chapter Synopsis Learning need Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for sex crimes, and to correctly categorize these crimes as misdemeanors and felonies. Rape Rape is generally covered under Penal Code Section 261. [10.01.1, 10.01.11] Assault with Sexual assault with intent to commit mayhem, rape, sodomy, oral copulation, intent to rape in concert, child molest, or penetration with a foreign object is covered commit rape under Penal Code Section 220. and other specified crimes [10.01.2, 10.01.11] Indecent Indecent exposure is covered under Penal Code Section 314. exposure [10.01.3, 10.01.11] Oral Oral copulation is covered under Penal Code Section 287. copulation [10.01.5, 10.01.11] Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-27 Chapter Synopsis, Continued Penetration Penetration with a foreign object is covered under Penal Code Section 289. with a foreign object [10.01.6, 10.01.11] Sodomy Sodomy is covered under Penal Code Section 286. [10.01.8, 10.01.11] Sexual Sexual battery is covered under Penal Code Section 243.4. battery [10.01.9, 10.01.11] 1-28 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. What are the crime elements that distinguish sodomy from oral questions copulation? 2. Describe at least three instances in which it can be determined that a person who did not actively fight off a rape suspect did not give consent. Continued on next page LD 10: Chapter 1 – Identifying and Classifying Sex Crimes 1-29 Workbook Corrections Activity 3. A male surprises a woman as she is trying to unlock the door to her home. questions He physically forces her inside and threatens her with a knife. He says he (continued) will kill her if she does not comply with his wishes. He pushes her to the floor, tears open her dress, and fondles her bare breast. He then pulls off her underwear, spreads her vagina with his fingers, and unzips his pants. At that instant, he hears a key turning in the front door. Surprised, he flees through the back door. As the first officer on the scene, what crimes do you believe have taken place? What questions might you try to ask the victim for clarification? 4. A man stands at his large picture window inside his house, naked and masturbating, while two adults walk past his home. He shouts to get their attention. What, if any, crime is he committing? If he is committing a crime, is it a felony or a misdemeanor? Continued on next page 1-30 LD 10: Chapter 1 – Identifying and Classifying Sex Crimes  Chapter 2 Interacting with the Victim Overview Learning need The manner in which peace officers interact with the victim of a sex crime may influence the quality of information the victim is willing to provide. A positive contact will affect the victim beneficially; a negative contact will adversely impact the victim. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID Give examples of assessing a victim’s physical state in 10.02.1 order to make them as comfortable as possible, and secure the necessary medical attention Describe common emotional and physical reactions 10.02.2 victims experience and the pressures associated with reporting a sex crime Describe a peace officer’s own emotional and attitudinal 10.02.3 reactions to sex crimes Continued on next page LD 10: Chapter 2 – Interacting with the Victim 2-1 Overview, Continued In this chapter This chapter focuses on interacting with the victim. Refer to the following chart for specific topics. Topic See Page Physical State of the Victim 2-3 Victim Reactions and Pressures 2-5 Peace Officer Attitudes 2-8 Chapter Synopsis 2-11 Workbook Learning Activities 2-12 2-2 LD 10: Chapter 2 – Interacting with the Victim Physical State of the Victim Introduction Most people are quick to recognize the emotional trauma associated with sexual assault. It is key to remember that the victims have been physically affected and may be injured. Before any other actions can be taken with victims of sexual assault, their physical and medical needs must be assessed and addressed. Assessing Once the peace officer’s and victim’s safety has been assured, the medical medical needs of the victim must be assessed. The following table shows appropriate needs peace officer actions for a range of victim conditions. If the victims... the peace officer should... are unconscious or injured, - secure transportation to an acute care facility, and - perform first aid required to stabilize them until emergency personnel arrive. state they are in no pain and have no - make victims as comfortable as injuries requiring immediate possible, attention, and the crime has occurred - get a preliminary statement, and within 72 hours, or longer depending - make sure victims are on circumstances transported to a medical facility. have special needs related to age or a - assess specific needs and tend to physical or developmental condition, these before taking a statement. Remember, a peace officer is not a doctor and should never overrule a victim’s request to receive medical care. Continued on next page LD 10: Chapter 2 – Interacting with the Victim 2-3 Physical State of the Victim, Continued Victim’s Peace officers should be aware if a victim is conscious, they can be the best needs source of information of their own medical needs since many injuries may be assessment concealed by clothing. Asking While in some instances simply asking the victim, “Are you okay?” may the victim prompt the victim to tell the officer about medical needs, peace officers should about be aware that a victim of sexual assault is not “okay.” They have undergone a medical physical assault. “Are you okay?” may be interpreted kindly, or it may needs produce an emotional outburst in a traumatized victim. Other phrases officers might consider are: Are you hurt? Do you need medical attention? Legal/ Even if the victim has no apparent injuries and denies needing medical medical attention, peace officers must explain the necessity for a medical/legal exam. exam This exam is necessary for the well being of the victim and to collect evidence required to make a case against the subject. This exam should be conducted if the sexual assault occurred within 72 hours or longer depending on circumstances. Pain or soreness beyond 72 hours should be evaluated by a legal medical examination. 2-4 LD 10: Chapter 2 – Interacting with the Victim Victim Reactions and Pressures Introduction Sex crimes may be under reported for a variety of reasons, including embarrassment or disbelief. This can result in a victim failing to seek necessary medical attention or to make a report. Peace Peace officers interaction with a sex crime victim plays a critical role in the officers’ success of the investigation. Sensitivity and tact are essential. The first peace role officer on the scene must assure the victim that they made the right decision to call. It is important that peace officers recognize that sexual assault may involve manipulation, power, and control or violence rather than just a sexual act. Possible People respond differently to emotional and physical stress. The table below emotional shows some emotional and behavioral symptoms a victim may experience. and physical responses Possible Emotional Possible Manifestations of Emotional Reactions Reactions - Fear - Delayed reporting - Shame - Lack of apparent response - Embarrassment - Denial that the crime occurred - Guilt - Loss of control or ability to make decisions - Depression - Acting protectively toward suspect - Shock - Acting out (e.g. shouting , physically - Anger/Betrayal expressing anger or pain, or laughter) - Feeling of being - Intentionally adding or leaving out key dirty information - Self-blame Continued on next page LD 10: Chapter 2 – Interacting with the Victim 2-5 Victim Reactions and Pressures, Continued Individualized A victim of sexual assault may experience some, all, or none of the reactions reactions shown above. Victim reactions may shift rapidly and may start at any time after the assault. Treating the While each situation is different, below are some recommendations for emotional treating the victim’s emotional state. state of the victim The peace officer could: reassure victims that - they are safe, - the officer is there to help, - everything will be done to positively identify the person, and - this is not their fault. use a gentle tone of voice. express empathy that this has happened to the victim. make sure that their own body language is not aggressive (e.g., sit down with victims, don’t stand over them to talk). allow victims to act out and vent their emotions. assure victims that their confidentiality will be maintained if they desire. (Penal Code Section 293) Continued on next page 2-6 LD 10: Chapter 2 – Interacting with the Victim Victim Reactions and Pressures, Continued Officer The following examples are reassuring statements officers should consider statements making to the victim. “It’s okay, my partner’s checked out your apartment and he’s gone.” “We will take special steps to protect your identity.” “I’m sorry this happened to you. I’ll do everything I can to help.” NOTE: Remember to use a gentle, professional tone and allow the victim to regain control. The following statements are examples of what statements officers should NOT to say to a victim. “I understand how you feel” “I promise we will catch this guy” Special Considerations should be given to victims who have special physical, needs developmental, or communication needs. LD 10: Chapter 2 – Interacting with the Victim 2-7 Peace Officer Attitudes Introduction The nature of sex crimes evokes strong emotional responses in peace officers as well as victims. To maintain a supportive, yet professional demeanor, peace officers must be aware of their emotional reactions and attitudes about the crime they are investigating. Remember, the professional impression the officers make on the victims is critical. Primary Peace officers must remember their primary role is rendering first aid, (if role needed) securing the victim’s cooperation, documenting the crime, collecting evidence, and preparing a case for prosecution. Objectivity Sexual assaults can be overwhelming to peace officers and victims. At all and times, peace officers need to maintain objectivity and emotional control. The emotional table below offers some suggestions. control Peace officers should.... and, try to avoid... be aware of how their own preconceptions - anger. and experiences can give them biased views - overreaction. - overzealousness. consider the crime as a violent or aggressive - apathy. act, rather than a sexual one - excessive sympathy. Objective It is the peace officers’ job to remain objective. Officers should recognize that versus they cross the line into subjectivity every time they think, “If this had been me subjective or someone I know.” Remember, no victims’ responses should affect objectivity. Officers can be sympathetic and still remain objective. Continued on next page 2-8 LD 10: Chapter 2 – Interacting with the Victim Peace Officer Attitudes, Continued Empathy Empathy is an act of identifying with another’s feelings to offer support. versus Officers must be able to convey empathy to a sexual assault victim. personalization Personalization is the act of putting oneself in the victim’s place. Officers should take care not to personalize the crime when dealing with the victim. Remember, this crime did not happen to the peace officer; the officers are there to help. If officers personalize a crime, they have lost their objectivity. Focus Sexual assaults may seem less overwhelming to peace officers who remember beyond the that, though sex crimes can be sexually motivated, aggression, dominance and sexual physical abuse are the primary factors. In fact, a significant number of sex nature of offenses involve hostility, rather than sexual gratification, as the primary the crime motivation. Nonverbal Peace officers should show empathy and professionalism regardless of their signals own emotional reactions to the crime being investigated. However, conveying these attitudes takes more than just being aware of their own emotions and knowing the correct words to use. It is not just what peace officers say to a victim that matters. A victim’s impression of the officers and the entire investigative experience is shaped by the officers’ nonverbal signals as much as by what is said. Officers should realize that their nonverbal signals can work to help convey sympathy and a desire to help, or they can work to contradict the most reassuring words. Continued on next page LD 10: Chapter 2 – Interacting with the Victim 2-9 Peace Officer Attitudes, Continued Nonverbal The table below shows three key nonverbal communicators. signals (continued) Peace officers should be aware of Peace officers should try to... their... body language. - maintain a nonaggressive stance. facial expressions. - remain calm, and - focus on the victim visually (make eye contact, do not just listen and write). tone of voice. - maintain a soft voice and an understanding tone. 2-10 LD 10: Chapter 2 – Interacting with the Victim Chapter Synopsis Learning need The manner in which peace officers interact with the victim of a sex crime may influence the quality of information the victim is willing to provide. A positive contact will affect the victim beneficially; a negative contact will adversely impact the victim. Physical Once the peace officers’ and victims’ safety have been assured, peace officers state of must immediately assess the medical needs of the victims. the victim [10.02.1] Victim People respond differently to emotional and physical stresses. reactions and pressures [10.02.2] Peace Sexual assaults can be overwhelming to peace officers as well as to victims, officer but at all times, peace officers need to maintain their objectivity and emotional attitudes control. [10.02.3] LD 10: Chapter 2 – Interacting with the Victim 2-11 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Consider each of the sex crimes in the example statements below. Write questions down your personal first impression of each incident and how your reactions might be apparent to the victim. a. You enter an apartment after receiving a phone call of a disturbance. As you enter, you see a naked woman trying to get up off the floor. b. A man describes being restrained by two attackers while he is sodomized. c. An 18-year-old college freshman describes drinking several beers at a fraternity party. The next thing she remembers is waking up naked in a man’s bedroom. She describes a vaginal discharge and believes someone has had sex with her. Continued on next page 2-12 LD 10: Chapter 2 – Interacting with the Victim Workbook Learning Activities, Continued Activity 2. List five possible emotional reactions to being sexually assaulted, then questions describe how you would handle each reaction. (continued) 3. You respond to a disturbance, enter a house and find a woman sitting on the sofa crying. She tearfully whispers that she has been raped. As a peace officer, how would you proceed, taking her emotional state into consideration? Continued on next page LD 10: Chapter 2 – Interacting with the Victim 2-13 Workbook Learning Activities, Continued Student notes 2-14 LD 10: Chapter 2 – Interacting with the Victim  Chapter 3 Investigating Sex Crimes Overview Learning need To complete a thorough investigation, peace officers must be sensitive to the fact that sexual assaults pose unique problems because of the emotional state of the victim, and the complexity of the investigative procedures. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID Discuss factors that set a positive tone for the victim 10.03.1 interview Select questions to be asked during the victim interview 10.03.2 Identify the purpose of a medical/legal exam 10.03.3 Explain victim’s rights 10.03.4 Discuss the types of evidence to be collected from the 10.03.5 crime scene, victim, and suspect Describe the services available to sexual assault victims 10.03.6 Continued on next page LD 10: Chapter 3 – Investigating Sex Crimes 3-1 Overview, Continued In this chapter This chapter focuses on investigating sexual assaults. Refer to the following chart for specific topics. Topic See Page Setting the Tone 3-3 Interviewing the Victim 3-6 Collecting Crime Scene Evidence 3-9 Medical/Legal Exam of Victim 3-10 Available Services for the Victim 3-13 Chapter Synopsis 3-14 Workbook Learning Activities 3-16 3-2 LD 10: Chapter 3 – Investigating Sex Crimes Setting the Tone Introduction Because sexual assaults are traumatic and generate severe emotional stress the information collected depends on how well the peace officer interacts/relates to the victim. Initial From the very first meeting, the way the victim is treated will set the tone for contact the entire investigation. Below are some guidelines to assist in setting the tone with the for the initial interview. victim Peace officers need to be aware in order to... of... their everyday terminology avoid alienating the victim with legal terms and jargon. their body language assure the victim that they are concerned, but calm and confident. the words they use convey their sensitivity to the victim about what happened. their demeanor communicate that they are a professional and that they are comfortable with talking about the subject (not indicating surprise, distaste, embarrassment, etc.). the language they use be aware of possible misperceptions of police procedures. Continued on next page LD 10: Chapter 3 – Investigating Sex Crimes 3-3 Setting the Tone, Continued Beginning There is a procedure peace officers should follow when beginning the the interview with the victim. interview Peace officers should: establish rapport and explain the investigative process and the need for asking the victim questions. reassure the victim that it is understood that this is a difficult situation and that the officer conducting the interview is there to help. make the victim as physically comfortable as possible; consider the best physical location and need for privacy. ask if the victim wants an officer to contact a support person (family, friends, or advocate, depending on agency policy and resources) to be present during the interview. let the victim know that everything possible will be done to help. Victim’s Penal Code Section 264.2 states that a peace officer, or their agency, must right to immediately notify the local rape victim counseling center whenever a victim counsel and of an alleged violation of specified sex offenses is transported to a hospital for support any medical evidentiary or physical examination. person Continued on next page 3-4 LD 10: Chapter 3 – Investigating Sex Crimes Setting the Tone, Continued Victim’s the victim has the right to have a sexual assault victim counselor and at right to least one other support person of the victim's choosing present at any counsel and medical evidentiary or physical examination, and notice of this right shall support be provided orally or in writing to the victim by the attending medical person provider prior to the commencement of any initial medical evidentiary or (continued) physical examination arising out of a sexual assault. the victim has the right to have victim advocates present at any interview by law enforcement authorities, district attorneys, or defense attorneys. Penal Code Section 679.04(b)(1) requires law enforcement, prior to the commencement of the initial interview, to notify the victim in writing that he or she has the right to have victim advocates and a support person of the victim’s choosing present at the interview. Note: Per Penal Code Section 679.04(c), an initial investigation by law enforcement to determine whether a crime has occurred and the identity of the suspects is not the interview specified in Penal Code Section 679.04(b)(1). Penal Code Section 679.04(a)(1) enables an officer to exclude a support person from a medical exam if the person would be detrimental to the examination.” Confidentiality Per Penal Code Section 293(a), the officer is responsible for informing the laws victim that the victim’s name will become a matter of public record unless the victim requests confidentiality. The confidentiality notification and victim’s response shall be documented in the officer’s report. The victim’s address, however, will never be disclosed to anyone not authorized or required by law to have this information. NOTE: The defense attorneys may obtain the victim’s name and address; however, attorneys are not allowed to disclose it to anyone, even their clients. If contacted, the victim is not required to talk to the defense attorney. Polygraph Penal Code Section 637.4(a) prohibits the officer from requesting that the testing victim undergo a polygraph examination. LD 10: Chapter 3 – Investigating Sex Crimes 3-5 Interviewing the Victim Introduction The key to gathering information about the crime is to interview the victim with compassion and care. However, peace officers must remember to ask the appropriate questions to establish the elements of a crime. Determine Although the victim may consider the violent act as a single crime, peace what crimes officers need to determine specifically what crime or crimes have been were committed. committed Because each act of penetration or contact is considered a separate crime and carries a separate penalty, officers must ascertain: if any of these acts occurred during the assault and, if so, how many times and in what sequence. Types The types of sex crimes that may occur during an assault include: of sex crimes rape, sodomy, oral copulation, penetration by a foreign object, sexual battery, or assault with intent to commit sex crime. NOTE: Be sure to clarify the terminology (e.g., slang terms) used by the victim to describe the assault. Use the victim’s exact words when documenting his or her statements. NOTE: The officer should consider other possible crimes when investigating sexual assault cases. Continued on next page 3-6 LD 10: Chapter 3 – Investigating Sex Crimes Interviewing the Victim, Continued Details When investigating a sexual assault, possible questions an officer can ask are: of the assault What was the appearance of the suspect (i.e., pants unzipped, naked) Did the suspect ejaculate? Did the suspect have an erection? Did the suspect wear a condom? If so, where was it disposed of? Did the suspect say anything? If so, what was said? Where any threats made? If so, what threat? Where any tools, weapons, or other objects used by the suspect? Other Once the nature of the crime has been determined, the answers to several other questions questions can help the officer gain additional information needed to for the investigate the crime. The following chart lists possible questions to ask and victim the rationale for asking them. Possible Questions Because the officer needs to... Can the victim identify the suspect? decide who is responsible for the crime. What is the past relationship with determine if the victim and suspect the suspect? If the suspect is are: known to the victim, what was the strangers, nature of the relationship (e.g., acquaintances, stormy, friendly, etc.)? dating or married, relatives, or teenagers. Continued on next page LD 10: Chapter 3 – Investigating Sex Crimes 3-7 Interviewing the Victim, Continued Other Possible Questions Because the officer needs to... questions To whom did the victim first tell to corroborate the victim’s statement for the about the assault? and additional information that the victim victim may have forgotten. (continued) Statements may be admissible as exception to hearsay rule. Is the victim sexually active? If yes, assess the presence of possible has victim been recently sexually injury. active? separate the DNA from the consensual partner from that of the suspect. Did the suspect take anything be able to link the suspect with the belonging to the victim (or is victim. anything missing)? Will the victim provide fingerprints? have elimination prints to compare to the other prints at the crime scene. Follow-up Following the interview process, the officer needs to establish how the victim can be contacted. This is done in two ways. Ask where the victim may be reached (address number and phone number) in the immediate future and thereafter. Ask for the name, address, and phone number of a relative or close friend who is likely to know the whereabouts of the victim. 3-8 LD 10: Chapter 3 – Investigating Sex Crimes Collecting Crime Scene Evidence Introduction To successfully prosecute the offender, it is essential to collect a variety of evidence from the crime scene, including biological evidence from the victim and the offender. Crime The officer should secure the crime scene. For an investigation of a sexual scene assault case, the officer may need to collect evidence such as the following: evidence For evidence... That needs to be collected... from the scene discarded items or articles, itself, contraceptives of any form and their packaging, binding or other restraint materials (do NOT untie or cut knots), fingerprints, hair and debris (e.g. fibers, dirt, etc.) lubricants, materials such as bedding, clothing and towels, and biological fluids (i.e., semen, blood) from the victim, sexual assault medical examination (refer to Chapter 3) fingerprints from the offender, suspect sexual assault kit blood sample for DNA blood sample for alcohol testing and drug screening not at the scene items believed to have been taken by the offender LD 10: Chapter 3 – Investigating Sex Crimes 3-9 Medical/Legal Exam of Victim Introduction Evidence from the victim’s body will be collected by the medical professionals administering the legal medical examination. Medical/legal State law prescribes minimum standards and protocol regarding victim examination examination and the collection of evidence. This medical/legal exam requires a full body examination for signs of attack, including taking samples of such items as bodily fluid and hair found on the victim. Photographs and documentation developed during the exam that will help the investigation. Purpose of The purpose of a medical/legal examination is to collect, preserve, and the legal document evidence. It is essential that the victim receive a proper medical medical/legal examination. The exam should be conducted if the sexual examination assault occurred within 72 hours or longer depending on the circumstances. The forensic examination may also help: determine if there are physical signs of injuries. document the type and location of injuries. determine if there is evidence of recent sexual activity. determine if the physical findings are consistent with the time frame and victim’s history. Collection of During the legal medical examination evidence in the form of biological biological samples may be collected. samples Biological samples include: bodily fluids, foreign hairs and fibers found on the victim, or hair samples of the victim. Continued on next page 3-10 LD 10: Chapter 3 – Investigating Sex Crimes Medical/Legal Exam of Victim, Continued Location The forensic sexual assault examination must be conducted according to state of exam protocol at a designated facility by specialized medical teams trained for this purpose. Conducting the examination at the hospital or by a multidisciplinary team provides: the opportunity to use special equipment, if needed. privacy and support for the victim. an examination by experienced medical professionals. provides law enforcement with thorough documentation. Peace officer Though the actual medical/legal exam will be conducted by medical responsibilities professionals, peace officers have several responsibilities regarding the exam. for the legal medical Peace officers should: examination explain the necessity of the examination to the victim. The victim must consent to the examination. The victim may withdraw their consent at any time during the examination. Detection of all injuries provides evidence to prosecute the crime. obtain verbal agreement from the victim for a forensic examination. ensure the victim has transportation to the designated facility. brief the designated medical professional. request the examination. obtain briefing from the medical professional at the conclusion of the exam. remember that the suspect may also be subject to a sexual assault examination. Continued on next page LD 10: Chapter 3 – Investigating Sex Crimes 3-11 Medical/Legal Exam of Victim, Continued Peace officer ensure the victim is returned to a safe location after the exam. responsibilities for the legal submit the evidence to the property room. medical examination NOTE: Penal Code Section 679.04(a) allows a victim “to have victim (continued) advocates and a support person of the victim’s choosing present at any interview by law enforcement authority, district attorneys or defense attorneys. However, the support person may be excluded from an interview by law enforcement” if determined that their presence would be detrimental to the purpose of the interview”. Medical The victim is interviewed and examined by medical professionals. The professional collected evidence is provided to the investigating agency. interviews Medical expertise allows trained doctors and nurses to: document the victim’s injuries, collect biological evidence, provide appropriate medical treatment, and provide expert testimony. 3-12 LD 10: Chapter 3 – Investigating Sex Crimes Available Services for the Victim Introduction Peace officers must be familiar with the local resources available to the victims of sexual assault. Programs There are many types of programs available for victim assistance. Two of the for victim most popular are noted in the chart below. assistance Program Service Rape Crisis Centers Available throughout California Provide services to assist with: - hospital accompaniment - liaison with the criminal justice system in some counties State Victim/Witness Available throughout California Services Provides services to assist with: - financial compensation and possible associated expenses, - liaison with the criminal justice system, and - information pertaining to the situation Victim Per Penal Code Section 264.2(a), the peace officer is required to provide the assistance victim with a “Victims of Domestic Violence” brochure, or the agency’s card brochure developed for sexual assault victims pursuant to Penal Code Section 680.2(a), whichever is more applicable. These brochures contain information about victim services. LD 10: Chapter 3 – Investigating Sex Crimes 3-13 Chapter Synopsis Learning need To complete a thorough investigation, peace officers must be sensitive to the fact that sexual assaults pose unique problems because of the emotional state of the victim and the complexity of the investigative procedures. Setting Sexual assault can be traumatic and generate severe emotional stress. the tone [10.03.1] Interviewing Once the nature of the crime has been determined, the answers to several other the victim questions will aid in the investigation of the case. [10.03.2] Legal medical The purpose of a legal medical examination is to collect, preserve, and examination document evidence. of victim [10.03.3] Victim’s Penal Code Section 679.04(a)(1) requires law enforcement provide specific rights notifications to the victim in writing prior to the initial interview. [10.03.4] Per Penal Code Section 293(a), the officer is responsible for informing the victim that the victim’s name will become a matter of public record unless the victim requests confidentiality. The confidentiality notification and victims response shall be documented in the officer’s report. Penal Code Section 637.4(a) prohibits the officer from requesting that the victim undergo a polygraph examination. Collecting For an investigation of a sexual assault case, the officer should determine the crime scene need to collect items as evidence from the scene. evidence [10.03.5] Continued on next page 3-14 LD 10: Chapter 3 – Investigating Sex Crimes Chapter Synopsis, Continued Available Per Penal Code Section 264.2(a), the peace officer is required to provide the services for victim with a “Victims of Domestic Violence” brochure, or the agency’s card the victim developed for sexual assault victims pursuant to Penal Code Section 680.2(a), [10.03.6] whichever is more applicable. These brochures contain information about victim services. LD 10: Chapter 3 – Investigating Sex Crimes 3-15 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. You are the first officer on the scene responding to a call from a victim questions who says she has been raped by her boyfrien