Introduction to Sexual Assault PDF

2) Intelligence MODULE 1: INTRODUCTION TO SEXUAL ASSAULT INVESTIGATION 3) Honesty 4) Understanding of the environment and its people...

2) Intelligence MODULE 1: INTRODUCTION TO SEXUAL ASSAULT INVESTIGATION 3) Honesty 4) Understanding of the environment and its people 5) Keen power of Observation Investigation Formal or systematic examination or research. Crime Scene Investigation It is the conduct of processes, more particularly, the Criminal Investigation recognition, search, collection, handling, Is an art and science which deals with the identity preservation and documentation of physical and location of the offender and provides evidence evidence to include the identification and interview of guilt through criminal proceedings. of witnesses and the arrest of suspect/s at the crime scene. Crime Detection Crime detection begins with the discovery of a Golden Rule at C.S.I. crime scene and proceeds through the process of evidence collection, identification and analysis. “Never touch, move, or alter any object at the crime scene unless it has been photographed, measured, and sketched Three-fold Aim of Investigation from any conceivable angle.” 1. Identify the guilty party M.A.C. Rule 2. Locate the guilty party 3. Provide evidence of his guilt Evidence must never be MUTILATED, ALTERED, and/or CONTAMINATED, to maintain its integrity, Six Cardinal Points of Investigation credibility, and admissibility. 1) WHAT Specific offense committed Evidence 2) WHERE Place or location of the commission of Is the means, sanctioned by the Rules, of offense ascertaining a judicial proceeding, the truth 3) WHEN Time/Date of the commission of offense respecting a matter of fact. 4) WHO Person/s who committed the offense Evidence must adhere to the rules and procedures 5) WHY Motive that led to the commission of the of the legal system to be accepted in court. offense Different jurisdictions have specific criteria for 6) HOW Manner of the commission of offense determining whether evidence is admissible. It should have a logical connection to the issue at Investigator hand and help establish or refute a fact. Determines: Evidence needs to be genuine and unaltered. - What specific offense has been committed? It should accurately represent what it claims to - How it was committed? represent. - Who committed the offense? - Where it was committed? Sexual Assault - When it was committed? Sexual contact or behavior that occurs without - Why it was committed? explicit consent of the victim Primary job is to discover whether an offense has Forms of sexual assault: been committed or not, under the law. - Rape/Attempted rape - Fondling or unwanted sexual touching Hans Gross - Forcing a victim to perform sexual acts Father of Criminalistics “Investigation is 95% perspiration, 3% inspiration, Serious and harmful act that involves any 2% luck of chance.” non-consensual sexual activity or contact Sexual assault can occur in various contexts, such Criminal Investigator as between strangers, acquaintances, partners, or A public safety officer who is tasked to conduct the even within a marriage. investigation of all criminal cases as provided for and embodied under the revised penal code, Rape criminals laws and special laws which are criminal Defined as non-consensual sexual penetration. in nature. Punishable by RA 8353 (Anti-Rape Law of 1997) A well-trained, disciplined and experienced Falls under Crimes Against Persons (Article 266-A) professional in the field of criminal investigation. (from Crimes Against Chastity in the Revised Penal Code) What are the qualities of a Good Investigator? A wife may charge her husband for rape (marital rape). 1) Perseverance  The victim is no longer limited to females. intimidating, hostile, or uncomfortable for an employee. Statutory Rape Victim is less than twelve years old. Other Forms of Sexual Harassment include: Child’s consent to sexual act is not valid because by her age, she could not give a valid consent. 1) Verbal harassment: This can include sexually Republic Act No. 11648 – raising the age of sexual explicit comments, jokes, or conversations that consent from 12 to 16. create a hostile work environment. Sexual Assault in Different Forms 2) Visual harassment: This includes the display of pornographic or sexually suggestive images in the 1) Rape: Forced penetration of another person's body, workplace. usually involving the genitals, mouth, or anus, without their consent. 3) Physical harassment: This includes inappropriate touching or contact that creates a hostile or 2) Groping or fondling: Non-consensual touching of intimidating work environment. intimate body parts, such as breasts, genitals, or buttocks. 4) Cyber harassment: This can include unwanted and repetitive sexual advances, indecent 3) Sexual harassment: Unwanted sexual advances, comments, or sharing of sexually explicit images comments, or behaviors that create a hostile or via digital means such as text messages, social uncomfortable environment. media, or email. 4) Unwanted sexual touching: Touching or fondling Sexual Harassment via Social Media another person’s body without their consent, even if “Online sexual harassment” it doesn’t involve penetration. “Cyber harassment” A form of harassment that occurs through digital 5) Sexual coercion: Pressuring or manipulating communication platforms and social media someone into engaging in sexual activity against channels to: their will. - Make sexually suggestive comments - Send explicit messages 6) Sexual exploitation: Forcing or coercing someone - Post sexually explicit photographs to to engage in sexual acts for the purpose of financial another person without their consent gain, blackmail, or other forms of manipulation. Harassment vs. Assault 7) Non-consensual sharing of intimate images (revenge porn): Distributing explicit images or Harassment and assault are different types of videos of someone without their consent, often with misconduct, sometimes used interchangeably in the intent to harm or embarrass them. casual conversation. Sexual harassment is a broad term, including many Sexual Harassment types of unwelcome. Is the unwelcome sexual advance or conduct from Sexual assault refers to sexual contact or behavior, one person towards another, and it has the effect of often physical, that occurs without the consent of creating a hostile or offensive working or learning the victim. environment. It can take many forms, including physical, verbal, Harassment is Assault is often or nonverbal behavior of a sexual nature, such as generally but not always a unwanted touching, sexual comments or jokes, or considered to be single act of the display of sexually explicit materials. behavior that is physical violence repeated over time or aggression Types of Sexual Harassment and creates a hostile or offensive Sexual contact or environment. behavior, often 1) Quid pro quo is a Latin term for “this for that” - physical. This type of sexual harassment involves an explicit Sexualized or implied promise of workplace benefits, such as behaviors and promotions or favorable treatment, in exchange for comments. sexual favors. Verbal and 2) Hostile work environment: This type of sexual physical sexual attention. harassment occurs when sexual comments, jokes, or behavior create a workplace environment that is Harassment This is any act of secretly watching or filming Include a wide range of behaviors that make a someone engaging in a private sexual activity or person feel uncomfortable or unsafe. exposing themselves. - Mocking - Belittling - Demeaning comments or behavior - Unwelcome sexual advances MODULE 2: INVESTIGATIVE PROCEDURES - And unwanted touching or physical contact Harassment can occur in many settings, including Victimology the workplace, school, or social situations. Is the study of the etiology (or causes) of victimization, its consequences, how the criminal Assault justice system accommodates and assists victims, Physical act that involves: and how other elements of society, such as media, - Touching deal with crime victims. - Hitting - Hurting someone a) Victim Precipitation - Without their consent Defined as the extent to which a victim is Assault can take many forms, including sexual responsible for his or her own victimization. assault, physical assault, and domestic violence. The concept of victim precipitation is rooted in the Unlike harassment, which is often ongoing, assault notion that, although some victims are not at all is a single incident. responsible for their victimization, other victims are. In this way, victim precipitation acknowledges that crime victimization involves at least two people – an OFFENSES THAT CONSTITUTE TO SEXUAL offender and a victim – and that both parties are ASSAULT acting and often reacting before, during, and after the incident. Sexual offenses refer to crimes that involve sexual activity or behavior without the consent of one or PASSIVE PRECIPITATION ACTIVE PRECIPITATION more of the individuals involved. These offenses can take many different forms and can include: The victim’s This occurs when characteristics or the victim’s 1) Rape or Sexual Assault vulnerabilities behavior or actions This is any sexual act committed without the make them more actively provoke or consent of the victim. likely to become a initiate a criminal Examples include intercourse, penetration with target of criminal act. activity. For example, when objects/fingers, sexual touching, and sexual battery. For instance, someone engages someone who in a physical 2) Sexual Harassment displays signs of altercation or This is any unwelcome sexual behavior that creates weakness, such as confrontation with an intimidating, hostile, or offensive environment. walking alone late another person at night in a and this escalates dangerous into a violent 3) Prostitution neighborhood, assault, the This is the act of engaging in sexual activity in may be seen as an victim’s actions exchange for money or other goods/services. easier target for could be potential criminals. considered active 4) Child Sexual Exploitation or Abuse precipitation. This refers to any sexual activity with a child, including molestation, sodomy, and producing or Victim Precipitation (Active) possessing child pornography. In cases of active victim precipitation, the victim 5) Sexual Exploitation of Adults may intentionally provoke or escalate a situation, This involves the coerced or forced sexual activity for example, by yelling, hitting, or insulting the of adults, which can include sex trafficking and attacker. forced prostitution. This type of behavior can increase the likelihood of violence or abuse, as the attacker may respond 6) Indecent Exposure defensively by becoming more aggressive. This involves the willful display of one’s genitals or other sexual parts in public, whether with a sexual Victim Precipitation (Passive) intent or not. 7) Voyeurism  Occurs when a victim unintentionally acts in a way classmates, or even in a relationship with each or has certain qualities that initiate or encourage an other. attack. This relationship could be a factor as to why he/she victimized by the offender. b) Victim Facilitation Occurs when a victim unintentionally makes it Victim Resistance easier for an offender to commit a crime. Resistance is defined as action by a potential victim A victim, in this way, may be a catalyst for during a confrontation that is designed to interfere victimization. in any way with the completion of the criminal act or A type of victim precipitation that occurs when a escape. Resistance may conduct like physical victim’s actions or behaviors unknowingly make it retaliation, or calling for help, but it can also include easier for a perpetrator to commit a crime. a refusal to meet the demand of an offender. Unlike active victim precipitation, victim facilitation Victim Resistance then, refers to the effort of the is not intentional and does not involve the victim victim to fight-off or repel the offender. Some initiating or escalating the violence. victims are strong enough to fight back, such as males with a good body build or who possess some c) Victim Provocation knowledge and skills in self defense. Occurs when a person does something that incites In like manner, females are generally considered another person to commit an illegal act. physically weaker which make them easy target of Provocation suggests that without the victim’s offender. Some people are also emotionally weaker behavior, the crime would not have occurred. and give in easily demands of the offenders, while Provocation, then, most certainly connotes blame. some people have a strong willpower to resist. In fact, the offender is not at all responsible. Victim Vulnerability Victim Refers to the tendency of a person to become victimized without any fault on his part. A victim is the person to whom the crime was Such person can easily become a victim because committed. He is also referred to as the of his personal circumstances, such as age and complainant or the offended party. Also, victims can state of mental health. either be direct or primary victims, or indirect or Children are the best examples of vulnerable secondary victims (Karmen, 2010). persons because of their young age, they can be taken advantage of by older people, sometimes even by their own family. DIRECT OR PRIMARY INDIRECT OR VICTIM SECONDARY VICTIM Victim Blame The person who Refers to the It is very common to hear people blame the victims was actually family or loved for the crime committed against him. Sometimes, harmed because ones of the victim. even the victim himself blames himself. of the commission Such is the case in In some ways, this is good because is shows that of the offense. crimes of murder people are aware that crimes can be prevented if Victims of rape, or homicide. theft, robbery, we protect ourselves from them and that there physical injuries means to protect ourselves from criminals. are some However, this can also be a negative thing because examples of direct when we start blaming the victim, then it is like we or primary victims. are removing the blame from the offender, this can make offenders feel like it is your fault that they Victimization victimized you. Can be defined as the outcome of an individual or institution’s intentional action to exploit, oppress, or harm someone else. It also includes destroying or illegally acquiring MODULE 3: SEXUAL CRIMES someone else’s property or possessions. These actions can cause psychological, emotional, physical, sexual, or economic harm to the victim. Rape is a violent crime against a person involving 3 elements: Victim-Offender Relationship 1) Carnal knowledge This refers to the relationship of the victim with the 2) Force offender, and vice versa. 3) Commission without consent It could be that the victim personally knows the Psychosocial Aspects of Rape offender, may be actually related to him/her by An act of VIOLENCE in a sexual context. blood, or they may be co-workers, neighbours or  Although a form of sexual assault, it has more to do Menstrual cycle with AGGRESSION. Discouraged victim Cautiously considered under the diagnosis of SEXUAL SADISM. MALFEASANCE VS. MISFEASANCE It is a crime against HUMANITY. Motives for Rape Misfeasance and malfeasance tend to be confused To demonstrate power and validate strength because both terms have to do with misconduct. through conquest. An assertion of one’s “right” as in marital or date MALFEASANCE MISFEASANCE rapes. Malfeasance is the The act of Poor impulse control with sex act of knowingly committing To overcome distress and frustration with the committing a wrongful protocol demands of life. wrongful act. for a legal act. To get even. It consists of Accidental and not harmful acts that intentional. ART. 266 A are either legally or E.g., delayed morally wrong RAPE: When and how committed: response in a E.g., a person 1) By a MAN having carnal knowledge of a WOMAN wrong situation. intentionally under any of the following circumstances: ignores a wrong a. Thru force, threat, or intimidation; act in a situation. b. When the offended party is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or CHILD ABUSE OR NEGLECTED CHILD grave abuse of authority; d. When the offended party is under 12 yrs. of age or is demented, even though none of Child Abuse the circumstances mentioned above be Physical and Mental Injury or maltreatment of a present (STATUTORY RAPE). child. - Person responsible for the child’s welfare; 2) By ANY person under any of the circumstances - Willful and not accidental. mentioned in paragraph 1 hereof, shall commit an Neglected act of SEXUAL ASSAULT: Battered a. By inserting his PENIS into another Maltreated person’s MOUTH or ANAL orifice; or Physically Abused b. Any INSTRUMENT or OBJECT into the ILL Treated GENITAL or ANAL orifice of another (“OBJECT RAPE”); The Child and Youth Welfare Code c. On force, threat or intimidation: Presidential Decree No. 603 - As to the degree of force or “The Child is one of the most important assets of intimidation (“Doctrine of the nation. Every effort should be exerted to TENACIOUS RESISTANCE”); promote his welfare and enhance his opportunities - As to subsequent consent. for a useful and happy life.” d. On deprivation of reason or unconsciousness: Duties of the Parents - Partial deprivation of reason will Art. 46 of The Child and Youth Welfare Code suffice. Affection, guidance, advise - The cause thereof may be organic, Support in everything for sustenance or due to lack of sleep or induced by drugs. Rights of Parents - A woman in her deep sleep is ART 45 Right To Discipline The Child considered unconscious. - As necessary for the formation of good character. Common Problems in Sexual Assault Investigations Civil Code Art. 316 - Duty to support, educate, instruct and Mishandling of cases represent them. Not pursuing the case vigorously - Power to correct them and punish Slow response moderately. In the offices, under reporting Cultural Act or Omission Affecting the Child’s Health or Welfare Male Examiner/Physicial Physical abuse: instrument/fist blow Competency of Examiner  Physical Neglect: willful failure to provide for the Full Thickness (Third/Fourth Degree) child Destruction of all skin layers; Requires immediate hospitalization; Dry, waxy white, leathery, or hard skin, no pain; PHYSICAL INJURIES Exposure to flames, electricity orchemicals can cause third-degree-burns. The effect of some form of stimulus on the body from within or without. Five Categories: a. Real when the effect is visible. b. Apparent when stimulus is not enough. 1. Flame 2. Contact Vital Reactions: 3. Radiant heat Rubor 4. Scalding Dolor 5. Chemical Calor 6. Microwave Functio laizza Flame Burns Classification of Wounds as to Severity: Actual contact of body to flame. 1. Mortal: Flash burns are a variant of flame burns. Brain, heart, lungs, big vessels, upper - Caused by sudden ignition or explosion of spinal cord, stomach, liver, spleen, gases, petrochemicals or fine particulate intestines. material. 2. Non-mortal: Contact Burns Those injuries which are not capable of Physical contact between the body and a hot producing death immediately or shortly object. thereafter. >/= 70°C trans-epidermal necrosis occurs in less than a second. As to the Kind of Instrument Used: Radiant Burns a. BLUNT INSTRUMENT Caused by heat waves. - Contusion Skin erythematous, blistered, skin slippage. - Hematoma Prolonged exposure to heat light brown and - Laceration leathery skin. - Contused-abrasions If the radiant heat continues, there could charring of the body. b. SHARP INSTRUMENTS - Sharp-edged (INCISED WOUND) Scalding Burns - Sharp-edged-pointed (STAB WOUND) Contact with hot liquids. - Sharp-pointed (PUNCTURED WOUND) Most commonly water. Generally occur on exposed skin. Change of atmospheric pressure (BAROTRAUMA) Even one layer of clothing can be sufficient to Tearing force (LACERATED WOUNDS) protect. Heat or Cold (BURNS, SCALD, FROSTBITES) Chemical explosion (GUNSHOT or SHRAPNEL) Severity of Burned Injuries: Infection Depends on the following: Superficial Burns (First Degree) Epidermal tissue only affected; 1. Extent of burned area Erythema, blanching on pressure, mild swelling; 2. Severity of burn No vesicles or blister initially; 3. Victim’s age Not serious unless large areas involved; 4. Presence of inhalation injuries i.e. sunburn Fractures Deep (Second Degree) a. Spiral fractures Involves the epidermis and deep layer of the - Caused by twisting of an extremity. dermis; - Especially in the non-walking child. Fluid-filled vesicles –red, shiny, wet, severe pain; - Highly suggestive of abuse. Hospitalization required if over 25% of body surface involved; b. Transverse fractures i.e. tar burn, flame  - Direct blow to the bone or a bending of the Multiple unexplained signs of injuries; bone. Multiple unexplained previous illnesses; Parents are vague and defensive; Extended delay in seeking medical cure CAUSES OF CHILD ABUSE/NEGLECT Medical Evaluation of Suspected Physically Abused 1. Unwanted Child CHILD: - Paternity dispute - Illegitimacy Medical Evidence of Abuse: ➔ Unmarried - Skin Imprints ➔ As consequence of adultery - Multiple Bruises/Scars ➔ As consequence of Rape - Multiple Burns/Emersion Burns - Deformity of child - Fractures - “Bad luck” to the family - Trauma to Face ➔ Nose, mouth, ears and eyes 2. Abusive Parent - Uncontrollable temperament Malnutrition - Pyschotic “The cellular imbalance between the supply of - Compulsive/impulsive disciplinarian nutrients and energy and the body’s demand for - Substance Dependence them to ensure growth, maintenance and specific functions.” - The World Health Organization (WHO) 3. Child as a center of a triangle - Malnourishment - Emotional triangle - Poor growth and Development - One is not a parent - Poor Hygiene - Becomes the target of hostility - Infections - Signs of Sexual Abuse 4. Child considered a hindrance ➔ Injuries to the genitals, peri-rectal - Socio-economic activities of the parents and peri-vaginal areas - The child is considered as a stressor How we can help? CLASSIFICATION OF CHILD ABUSER - Observe - Listen - Support a. Intermitent Child Abuser - Report - Periodically hurts/batters the child\ - Examine - Driven by panic or compulsion - Preserve evidence - Become remorseful after - File - Testify b. One-time Child Abuser - Manhandle the child one time - Sudden surge of anger PRESERVATION OF EVIDENCE - Child may be killed Evidence c. Constant Child Abuser Species of proof, or probative matter. - Hates the child Legally presented at the trial. - Deliberately beats - Deliberately miscares for the child Medical Evidence: - With intention to hurt - Indifferent to the child’s sufferings Autoptic or Real Testimonial d. Ignorant Abuser Experimental - Most tragic Documentary - Truly cares for the child Physical - Mean well - Child may die Preservation: - Remorseful Photographs Sketching Identification of Victims: Description Manikin Method The child is emotional, fearful; Preservation in the mind of a witness With vague history of injury; Special Methods: Poor growth and development; - Embalming - Refrigeration - Stains - Sealed Containers for poisons