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INVESTGATION OF RAPE
AND SEXUAL ASSAULT
B R SIWAL
NIPCCD
sexual violence includes
 RAPE
 FORCED PROSTITUTION AND TRAFICKING
FOR SEXUAL EXPLOITATION
 UNWANTED SEXUAL ADVANCES OR
SEXUAL HARRASSMENT
 RAPE DURING ARMED CONFLICT
 FGM
Who are the perpetrators?
Primarily men
Men known to women
Within families
Research on child sexual abuse show
that 80% of children experience
sexual exploitation from men within
the extended families
Consequences :
Physical
Mental
Psychological
SOME MYTHS
 MOST ASSAULTS ARE COMMITTED BY
STRANGERS
 IT IS NOT RAPE IF THE PEOPLE INVOLVED
KNOW EACH OTHER
 ALL VICTIMS WILL REPORT THE CRIME
IMMEDIATELY TO THE POLICE
 ONLY YOUNG PRETTY WOMEN ARE
ASSAULTED
 SEXUAL ABUSE CAN BE AVOIDED IF WOMEN
AVOID DARK OR DANGEROUS PLACES
MORE MYTHS
 THERE IS NO SUCH THING AS RAPE BETWEEN
A SEX WORKER AND HER CLIENT
 IT IS NOT SEXUAL ABUSE IF IT HAPPENS AFTER
DRINKING OR TAKING DRUGS
 IF A WOMAN GOES TO SOMEONE’S ROOM OR
HOUSE OR A BAR, SHE SHOULD ASSUME THAT
SHE IS AT RISK OF SEXUAL ABUSE AND
SHOULD NOT COMPLAIN LATER
 ALL VICTIMS OF SEXUAL ABUSE BECOME
HYSTERICAL
Physical consequences :
 HIV and AIDS/Sexually Transmitted Infections
– Unwanted pregnancies
– Gynaecological problems
– Increase in risk taking, especially among young
people
– Miscarriage
– Headaches, pelvic disorders, Irritable Bowel
Syndrome
– Physical disfigurement
Mental
– Fear of men, relatives
– Lack of confidence, withdrawn
– Mental imbalance
– Dysfunctional behaviour
– Apathy
– Denial
– shock

Psychological
– Suicidal
– Shame/disgrace
– Run away from home
– Low self esteem leading to vulnerability to
prostitution, drugs and therefore HIV and
STDs
Social Factors that prevent
women from seeking help
If victim of abuse, women will shy away
from further “invasion” of their bodies
If they have been interrogated by the
police, their mental condition will be
even worse, and they are even less likely
to seek help
May not know that they might have
contracted a disease
Reality
Listen to women’s voices
Hear what women say
To recognise that there are sometimes no
words to describe women’s abuse
Something without a name,a word, a
concept becomes invisible
Techniques for Interviewing
Victims
Goal: to obtain the most complete/ accurate
information
Always maintain respectful/supportive
attitude toward victim
Be patient, make necessary
accommodations
Elicit details of the assault with elements of
the crime in mind
Encourage the victim to contact the officer
with questions or additional information
Address victim's safety concerns
Avoid promises or predictions regarding the
outcome of the case
Be patient and make necessary
accommodations to address the victim's
needs, including:
– Interview the victim in a place where the victim
will feel safe and comfortable. Try not to
interview in the hospital examining room.
– Be aware of and avoid invading the victim's
personal space. Avoid touching the victim
without the her permission.
– Whenever possible, give control back to the
victim by allowing her to make some choices,
such as where to sit, and when to take a break.
– Allow the victim to temporarily skip questions
that may upset her too much to answer at the
moment, knowing that it can be discussed later
in the interview.
The investigating officer should sit down,
preferably at the same level as the victim,
and ask her to tell what happened in her
own words.
Let the victim know that it may be
necessary to ask some questions in several
different ways but that this does not mean
that the officer does not believe her.
 Begin the interview with "you" statements and
questions. (How are you feeling? I'm sorry this
happened to you.
 Keep the victim informed with "we" statements.
(We need to review some information together)
 Be sensitive to the embarrassing nature of the
information the victim is providing. Once the
victim describes sex acts or parts of the body, use
the victim's own vocabulary to ask clarifying
questions.
 Be careful not to convey any judgment about the
victim's actions prior to or during the assault.
Instead of asking, "Did you try to run away?" ask
instead, "What did you do then?"
 Ask open-ended questions such as, "And then
what happened?" or "Tell me more about that."
Listen carefully and take accurate notes for
inclusion in the report. If something is unclear, ask
specific questions to clarify. Clarify terms as
needed
Encourage the victim to ask for an
explanation of any question or term to be
sure that the victim understands the nature
of the question. Watch the victim's body
language and other non-verbal responses.
Pay close attention to whether she is
uncomfortable with you or the questions,
and reassure her that her cooperation is vital
and appreciated
When the victim is finished, ask if there is
anything else to add. At this time the officer
can ask direct questions to gather additional
facts that the officer may need. Try not to
ask questions that are not directly related to
the investigation, except in the rapport
building phase of the interview
The officer should make sure to elicit
details of the assault necessary for the case,
including:
– Questions which establish the elements
required by laws.
– Any information about the crime scene or the
offender.
Any information about the point of entry, if
the offender entered a dwelling, place of
business
– Whether the offender brought anything to the
crime scene, such as a cigarette, or took
anything from the scene, such as the victim's
purse.
– Whether the victim brought anything to or took
anything from the crime scene.
– Whether the offender touched or moved
anything.
– Whether the victim told others about the
assault, who she told, and when and what she
told them. Specifically, determine who she told
first.
– Information about anyone who may have seen
or heard anything before, during, or after the
assault.
Concluding the Interview
Inform the victim that the decision whether
to arrest the suspect is a complex one that
will be made by police, and the judge.
Provide information about future safety
issues in case the offender returns and/or in
family violence situations.
Recognize that persons experiencing trauma
often will recall and/or disclose information
over a period of time. Officers may not get
a full statement the first time, especially due
to shock, or if the victim was embarrassed
about aspects of the crime.
Ask the victim to keep the police
department informed of any developments
related to the investigation, including if she
remembers anything additional about the
assault, or if the offender tries to contact
her.
 Often, victims want to know what is happening
with the case. The officer assigned to the
investigation should keep the victim informed, as
best s/he can, and share appropriate information
with the victim.
 Explain honestly what the next steps will be.
Avoid making promises or predictions about the
outcome or development of the case.
Ask the victim if she has any questions.
Be sure to get accurate information about
how/where to contact the victim, and ask
her to keep police notified of any changes
in contact information. When a suspect is
arrested, the victim will need to identify
him.
 Officers should be aware that the victim may be
extremely afraid of seeing, or of having potential
contact with the offender. If the offender is
released pending trial, the victim may have safety
concerns. Officers should address these concerns
sensitively and honestly.
 Respect and protect the confidentiality and, to the
extent possible, the wishes of the victim regarding
the notification and participation of others
throughout the investigation.
Initial Response
 Determine as soon as possible the suspect's
identity or description, and location.
 If the suspect is present at the crime scene, remove
immediately.
 If the identity of the suspect is uncertain, confirm
identification as soon as possible.
 Isolate suspect as soon as possible to avoid
communication with the victim, other witnesses,
or other suspects.
Pay close attention to and accurately record
any utterances by the suspect.
Avoid allowing a suspect to engage in any
activity which may destroy perishable
evidence on the body or clothing
If possible, be familiar with the facts and
circumstances of the incident, especially the
details of the assault and the identity or
description of the suspect.
As soon as possible, photograph the suspect
for purposes of identification at a later time.
(Be aware that the victim may be extremely
afraid of seeing, or having any potential
contact with the assailant.)
Arrange identification of suspect (e.g.,
show-up, line-up, photo line-up) by victim
according to department policies and
procedures
Determine whether clothing and/or other
forensic evidence should be collected from
a suspect. Develop a strategy for the
interrogation of the suspect
 Forensic Evidence Collection From Suspects
 Clothing from Suspect's Body
– Clothing Items
– Debris Collection
 Transitory Specimens
– Oral Swabbing
– External Penile Swabbings
– Debris Collection
– Other Physical Evidence
– Dried Secretion Specimens
– Fingernail Cuttings
Pubic and Rectal Hair
Reference Standards
– Known Saliva Sample
– Known Head Hair, Pulled
– Known Blood Sample
– Known Pubic Hair, Pulled
Forensic Gynaecology
Persistence of sperm
Vagina 7 days
Anal canal /rectum 3 days
Mouth Up to 2 days
Usually 6 hours
Cervix 7 -10 days
Skin / hair Unknown but may
persist after
cleaning
Examination
Order for genital swabs
Perineum
Vulva
Vagina
Cervical
But cervical most important as most likely to be
positive for sperm
Extra one for condom if used OR no memory of
events
General pattern for
trauma survivors
About 1/3 seem to recover
spontaneously.
About 1/3 develop symptoms that remit
after about 2-3 months.
About 1/3 have symptoms that persist
for 6 months or longer.
CONSELLING
Challenge cognitive distortions
(examples: “it was my fault” or “all
men are dangerous” or “I can’t sleep in
my bedroom anymore”)
Relaxation training to cope with
anxiety
Re-telling the “story” of what
happened to help with cognitive &
emotional processing
Explanation of the Role of the
Examining Doctor
Explain to complainant the purpose of
examination
Explain issues of confidentiality
Obtain written consent
Check medical needs of complainant
Undertake physical examination
Collection of samples
Rape examination
Careful general examination
Careful documentation
Shape, size, colour of bruises
Freshness, shape size scratches
examination of genitalia
Interpretation of Findings
Comment upon whether appearances are
normal /abnormal
Use of scale to describe degree of certainty
about the likely cause of the injuries
Conclusions
Whether or not consensual sexual activity
could explain the findings
Unusual injuries
Inconsistencies
Signs that support allegation
THANK YOU

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Investgation of rape and sexual assault

  • 1. INVESTGATION OF RAPE AND SEXUAL ASSAULT B R SIWAL NIPCCD
  • 2. sexual violence includes  RAPE  FORCED PROSTITUTION AND TRAFICKING FOR SEXUAL EXPLOITATION  UNWANTED SEXUAL ADVANCES OR SEXUAL HARRASSMENT  RAPE DURING ARMED CONFLICT  FGM
  • 3. Who are the perpetrators? Primarily men Men known to women Within families Research on child sexual abuse show that 80% of children experience sexual exploitation from men within the extended families
  • 5. SOME MYTHS  MOST ASSAULTS ARE COMMITTED BY STRANGERS  IT IS NOT RAPE IF THE PEOPLE INVOLVED KNOW EACH OTHER  ALL VICTIMS WILL REPORT THE CRIME IMMEDIATELY TO THE POLICE  ONLY YOUNG PRETTY WOMEN ARE ASSAULTED  SEXUAL ABUSE CAN BE AVOIDED IF WOMEN AVOID DARK OR DANGEROUS PLACES
  • 6. MORE MYTHS  THERE IS NO SUCH THING AS RAPE BETWEEN A SEX WORKER AND HER CLIENT  IT IS NOT SEXUAL ABUSE IF IT HAPPENS AFTER DRINKING OR TAKING DRUGS  IF A WOMAN GOES TO SOMEONE’S ROOM OR HOUSE OR A BAR, SHE SHOULD ASSUME THAT SHE IS AT RISK OF SEXUAL ABUSE AND SHOULD NOT COMPLAIN LATER  ALL VICTIMS OF SEXUAL ABUSE BECOME HYSTERICAL
  • 7. Physical consequences :  HIV and AIDS/Sexually Transmitted Infections – Unwanted pregnancies – Gynaecological problems – Increase in risk taking, especially among young people – Miscarriage – Headaches, pelvic disorders, Irritable Bowel Syndrome – Physical disfigurement
  • 8. Mental – Fear of men, relatives – Lack of confidence, withdrawn – Mental imbalance – Dysfunctional behaviour – Apathy – Denial – shock 
  • 9. Psychological – Suicidal – Shame/disgrace – Run away from home – Low self esteem leading to vulnerability to prostitution, drugs and therefore HIV and STDs
  • 10. Social Factors that prevent women from seeking help If victim of abuse, women will shy away from further “invasion” of their bodies If they have been interrogated by the police, their mental condition will be even worse, and they are even less likely to seek help May not know that they might have contracted a disease
  • 11. Reality Listen to women’s voices Hear what women say To recognise that there are sometimes no words to describe women’s abuse Something without a name,a word, a concept becomes invisible
  • 12. Techniques for Interviewing Victims Goal: to obtain the most complete/ accurate information Always maintain respectful/supportive attitude toward victim Be patient, make necessary accommodations Elicit details of the assault with elements of the crime in mind
  • 13. Encourage the victim to contact the officer with questions or additional information Address victim's safety concerns Avoid promises or predictions regarding the outcome of the case
  • 14. Be patient and make necessary accommodations to address the victim's needs, including: – Interview the victim in a place where the victim will feel safe and comfortable. Try not to interview in the hospital examining room. – Be aware of and avoid invading the victim's personal space. Avoid touching the victim without the her permission.
  • 15. – Whenever possible, give control back to the victim by allowing her to make some choices, such as where to sit, and when to take a break. – Allow the victim to temporarily skip questions that may upset her too much to answer at the moment, knowing that it can be discussed later in the interview.
  • 16. The investigating officer should sit down, preferably at the same level as the victim, and ask her to tell what happened in her own words. Let the victim know that it may be necessary to ask some questions in several different ways but that this does not mean that the officer does not believe her.
  • 17.  Begin the interview with "you" statements and questions. (How are you feeling? I'm sorry this happened to you.  Keep the victim informed with "we" statements. (We need to review some information together)  Be sensitive to the embarrassing nature of the information the victim is providing. Once the victim describes sex acts or parts of the body, use the victim's own vocabulary to ask clarifying questions.
  • 18.  Be careful not to convey any judgment about the victim's actions prior to or during the assault. Instead of asking, "Did you try to run away?" ask instead, "What did you do then?"  Ask open-ended questions such as, "And then what happened?" or "Tell me more about that." Listen carefully and take accurate notes for inclusion in the report. If something is unclear, ask specific questions to clarify. Clarify terms as needed
  • 19. Encourage the victim to ask for an explanation of any question or term to be sure that the victim understands the nature of the question. Watch the victim's body language and other non-verbal responses. Pay close attention to whether she is uncomfortable with you or the questions, and reassure her that her cooperation is vital and appreciated
  • 20. When the victim is finished, ask if there is anything else to add. At this time the officer can ask direct questions to gather additional facts that the officer may need. Try not to ask questions that are not directly related to the investigation, except in the rapport building phase of the interview
  • 21. The officer should make sure to elicit details of the assault necessary for the case, including: – Questions which establish the elements required by laws. – Any information about the crime scene or the offender. Any information about the point of entry, if the offender entered a dwelling, place of business
  • 22. – Whether the offender brought anything to the crime scene, such as a cigarette, or took anything from the scene, such as the victim's purse. – Whether the victim brought anything to or took anything from the crime scene. – Whether the offender touched or moved anything.
  • 23. – Whether the victim told others about the assault, who she told, and when and what she told them. Specifically, determine who she told first. – Information about anyone who may have seen or heard anything before, during, or after the assault.
  • 24. Concluding the Interview Inform the victim that the decision whether to arrest the suspect is a complex one that will be made by police, and the judge. Provide information about future safety issues in case the offender returns and/or in family violence situations.
  • 25. Recognize that persons experiencing trauma often will recall and/or disclose information over a period of time. Officers may not get a full statement the first time, especially due to shock, or if the victim was embarrassed about aspects of the crime.
  • 26. Ask the victim to keep the police department informed of any developments related to the investigation, including if she remembers anything additional about the assault, or if the offender tries to contact her.
  • 27.  Often, victims want to know what is happening with the case. The officer assigned to the investigation should keep the victim informed, as best s/he can, and share appropriate information with the victim.  Explain honestly what the next steps will be. Avoid making promises or predictions about the outcome or development of the case.
  • 28. Ask the victim if she has any questions. Be sure to get accurate information about how/where to contact the victim, and ask her to keep police notified of any changes in contact information. When a suspect is arrested, the victim will need to identify him.
  • 29.  Officers should be aware that the victim may be extremely afraid of seeing, or of having potential contact with the offender. If the offender is released pending trial, the victim may have safety concerns. Officers should address these concerns sensitively and honestly.  Respect and protect the confidentiality and, to the extent possible, the wishes of the victim regarding the notification and participation of others throughout the investigation.
  • 30. Initial Response  Determine as soon as possible the suspect's identity or description, and location.  If the suspect is present at the crime scene, remove immediately.  If the identity of the suspect is uncertain, confirm identification as soon as possible.  Isolate suspect as soon as possible to avoid communication with the victim, other witnesses, or other suspects.
  • 31. Pay close attention to and accurately record any utterances by the suspect. Avoid allowing a suspect to engage in any activity which may destroy perishable evidence on the body or clothing
  • 32. If possible, be familiar with the facts and circumstances of the incident, especially the details of the assault and the identity or description of the suspect.
  • 33. As soon as possible, photograph the suspect for purposes of identification at a later time. (Be aware that the victim may be extremely afraid of seeing, or having any potential contact with the assailant.) Arrange identification of suspect (e.g., show-up, line-up, photo line-up) by victim according to department policies and procedures
  • 34. Determine whether clothing and/or other forensic evidence should be collected from a suspect. Develop a strategy for the interrogation of the suspect
  • 35.  Forensic Evidence Collection From Suspects  Clothing from Suspect's Body – Clothing Items – Debris Collection  Transitory Specimens – Oral Swabbing – External Penile Swabbings – Debris Collection – Other Physical Evidence
  • 36. – Dried Secretion Specimens – Fingernail Cuttings Pubic and Rectal Hair Reference Standards – Known Saliva Sample – Known Head Hair, Pulled – Known Blood Sample – Known Pubic Hair, Pulled
  • 37. Forensic Gynaecology Persistence of sperm Vagina 7 days Anal canal /rectum 3 days Mouth Up to 2 days Usually 6 hours Cervix 7 -10 days Skin / hair Unknown but may persist after cleaning
  • 38. Examination Order for genital swabs Perineum Vulva Vagina Cervical But cervical most important as most likely to be positive for sperm Extra one for condom if used OR no memory of events
  • 39. General pattern for trauma survivors About 1/3 seem to recover spontaneously. About 1/3 develop symptoms that remit after about 2-3 months. About 1/3 have symptoms that persist for 6 months or longer.
  • 40. CONSELLING Challenge cognitive distortions (examples: “it was my fault” or “all men are dangerous” or “I can’t sleep in my bedroom anymore”) Relaxation training to cope with anxiety Re-telling the “story” of what happened to help with cognitive & emotional processing
  • 41. Explanation of the Role of the Examining Doctor Explain to complainant the purpose of examination Explain issues of confidentiality Obtain written consent Check medical needs of complainant Undertake physical examination Collection of samples
  • 42. Rape examination Careful general examination Careful documentation Shape, size, colour of bruises Freshness, shape size scratches examination of genitalia
  • 43. Interpretation of Findings Comment upon whether appearances are normal /abnormal Use of scale to describe degree of certainty about the likely cause of the injuries
  • 44. Conclusions Whether or not consensual sexual activity could explain the findings Unusual injuries Inconsistencies Signs that support allegation

Notes de l'éditeur

  1. Rape : by strangers or in marriage