Rape Investigation

By Ferryal Basbeth
basbethf@gmail.com
 Three elements are necessary to
constitute the crime :

 Sexual intercourse (Carnal knowledge)

 Failure to seek or to obtain the consent

of the victim.
 Force
Carnal knowledge is the slightest
penetration of the labia minor by the
penis.
Hymeneal penetration or ejaculation is
not necessary.
Force may involve the use of violence,
threat of violence or coercion.
 The mythology of rape (1)
The mythology which surrounds rape has
been developed, perpetuated, and reinforced
by a number of attitudes and values which are
reflected in both the medical and legal
systems. Some of these myths are as follows
Women can't be raped unless they want to be. A
corollary of this might be that women enjoy rape,
or that they at least unconsciously want it;
therefore, there is no such thing as rape.
 The mythology of rape (2)
The rapist is a sexually unfulfilled and/or disturbed
man carried away by a sudden, uncontrollable urge
Rapist are always strangers to victims
Rape occurs primarily on the street, and so as long
as a woman stays home, she's safe.
Most rapes involve black men raping white women.
Women are raped because they ask for it by
dressing seductively and walking provocatively;
thus only “bad” women are raped.
Statistic of rape (1)
In 1971, Amir published data which
encompassed all cases of rape, not including
incest or statutory rape, listed by the police in
1958 and 1960 in the city of Philadelphia.
The data include 646 victims and 1292
offenders.
Three-quarters of the rapes involved one or
two assailants (single rape, 57%, pair rape
16%); group rape ( three or more assailants)
was the pattern in 27 %
Statistic of rape (2)
Of the total number of incidents, 71 % were
planned in advance, and only 16 % could be
considered as resulting from an
uncontrollable impulse.
Group rapes were planned in 90 % of cases,
and single and two assailant rapes in 58% of
cases.
Thus the “uncontrollable urge” theory of rape
is challenged.
Stay at home, is it safe?
The myth that staying at home is safe fails to
recognize that 56 % of rapes in the Amir
study occurred in the victim’s residence, and
the remainder were divided among
automobiles, outside, and other indoor
places.
Was the rapist a stranger?
Moreover, in only half of the cases was the
rapist a stranger to the victim, while the
remainder included casual acquaintances,
neighbors, boyfriends, family friends, and
relatives.
Husband were not included in these statistics,
because, until quite recently, a sexual act
between husband and wife was not
considered rape under American law.
Rape and age
Hayman and Lanza report on 1223 cases in
which the age of the victim range from 15
months to 82 years.
 12 % were victim under 12
 25 % were between 13 and 17
 32 % were between 18 and 24
 30 % were over 30.
The rapist were almost all less than 30 years
of age.
Rape and race
The overwhelming majority of reported rapes
involved rapists and victims of the same race.
Brownmiller has suggested that this pattern
may be changing.
Most studies suggest a high proportion of
interracial rape, but the significance of this is
unclear.
Black or white?
It is possible the black rapists are more likely
to be reported and apprehended, while white
rape may be grossly underreported or less
aggressively pursued when reported.
A Denver study is an exception in that the
percentage of victim by race was similar to
the at large population; that is, 71 % white,
15 % black, 11 % Chicano.
 Rape and physical force
In Amir’s study, physical force was present in 86 % of
cases, the remainder involving various degrees of
nonphysical force such as coercion or intimidation with
or without weapons.
 Roughness (holding, pushing around) 29 %
 No brutal beating (slapping) 25 %
 Brutal beating 20 %
 Chocking and gagging 12 %
Thus, in one third of the cases in which physical force
occurred, extreme brutality was used.
Rape and alcohol
In group rape there is evidently a higher
frequency of both alcohol intake prior criminal
records, especially of sexual offenses.
The assault is usually planned and is more
brutal in terms of beatings and subjecting the
victim to sexually humiliating practices in
addition to the rape.
 Victim’s decision at the
time of the assault
Victim behavior is described by Amir as submissive
in 55 %, with some degree of resistance in the
remainder.
At the time of the assault, the victim must decide
whether she has a greater fear of the rape or
physical injury.
Her actions will reflect her decision, usually without
opportunity for thought.
 How is the rape victim's
response? (1)
The response of the victim is variable, depending on
the circumstances, the setting where the action takes
place, and her own personal response.
She may fight back quickly when taken by surprise in
an attack accompanied by threat of death or
mutilation, or
She may react more slowly and with disbelief in the
forceful intentions of the man who continues to insist
on sexual intercourse in the midst of a social
encounter where sexual contact is unexpected and
un agreed upon by the woman.
How is the rape victim's response?
(2)
In fact, the reported incidence greatly under
reflects the actual incidence of rape.
It is estimated that between 50 and 90 % of
rape cases go underreported.
The Federal Bureau Investigation attributes
underreporting to fear and/or embarrassment
on the part of the victims
 How is the rape victim's
response? (3)
The woman is often afraid of being accused of
provocation or active participation in the rape.
She is fearful of the reactions of husband, boyfriend,
parents, or friends.
In the case of young victim, parents may wish to
protect the child from the publicity and the legal
ordeal.
If the assailant is a close friend, relative, or
employer, there are additional pressure not to report
 Medical examination
The medical system becomes involved in
the sexual assault investigation for two
reason :
Therapy involving the physical and emotional
consequences of the assault
Evidence gathering to corroborate the initial
charge or to be used in the adjudication of the
complaint.
New curiculum ?
Although these medical responsibilities have
existed for years, it is only recently that
sexual assault has been introduced into
medical school curicula.
Pediatricians, gynecologists, emergency
physicians, and some family physicians are
introduced to the subject of sexual assault
during their training after medical school.
Prevention STD and pregnancy
The medical responsibilities include treatment
of any trauma involved, prevention and
treatment of any possible venereal disease or
pregnancy, and adequate follow up for
counseling to reduce emotional trauma.
 Definition of sexual assault
Physicians and other medical staff members should
be educated about common misconceptions and
attitudes concerning sexual assault.
They should also be advised of the definitions of
sexual assault and rape in local jurisdictions.
A medical definition of penetration, for example,
usually assumes that there has been penetration into
the vagina, whereas many legal jurisdictions consider
penetration between the labia as rape.
Medical examination
The medical examination includes
 History,

 Physical examination, and

 Collection of specimens for laboratory

 History (1)
Before outlining the techniques of the medical
examination, several general factors regarding the
approach to the sexual assault victim must be
remembered.
This is often the first interaction of the victim with
society after the crime.
It is important that the medical examination be
thorough, and it must also sensitive.
Consent for photograph
The interview or the evaluation with the patient
should take place in an acoustically and visually
private area.
A nurse should be present throughout the
evaluation to provide emotional support and to
assist the physician.
If photograph are to be taken the evidence,
their purpose should be discussed with the
patient and a specific separate written consent
obtained.
General medical history
A past medical history of injury or illness
should be documented with emphasis on
those disorders that may adversely affect the
assault victim, e.g., bleeding tendencies.
Any medications taken as well as known
allergies to medications should be noted,
since medical therapy may be indicated, e.g.,
for prevention of venereal disease.
 Sexual history
Inquires must be made to determine whether the
female assault victim is menarche (has begun
menstruating), and if so, the date of the patient’s last
normal menstrual period should be documented.
A history of sterilization or the use of any type of
birth control method should be noted.
The number of pregnancies and the result of these
pregnancies ( live birth, still birth, miscarriage,
abortion) should be recorded
 History of the incident and post
incident event (1)
The history of the event, for legal purposes, should
include statements regarding several aspects of the
assault that may be further corroborated by physical
laboratory examination.
The time and place at which the assault took place
should be recorded.
Such information will lead the physician to look for
the presence of grass stains, dirt, etc. during physical
examination
 History of the incident and post
incident event (2)
The physician must know if any body fluids (through
ejaculation, urination, defecation) were left on the
patient or if vaginal, oral or anal penetration occurred
during the incident, so that proper lab specimens can
be obtained.
Post incident event that should be noted include any
activities, such as bathing, douching, urinating,
defecating, drinking, or changing clothes.
 History of the incident and post
incident event (3)
If the victim is a child , the interviewer should talk to
other family members to determine what terminology
is used for various body parts.
It may be necessary to use other techniques to
obtain a history from a child, such as the use of
anatomically correct dolls or the use illustrations
depicting the events as constructed by the child.
It is noteworthy that children seldom lie about
explicit sexual behavior.
 History of the incident and post
incident event (4)
The important questions should be asked:
 Did the assailant’s penis penetrate the vulvae?
 Did the assailant experience orgasm?
 Did the assailant wear a condom?
 Similar questions regarding anal and oral
intercourse should be asked.
 The victim is asked whether she douched, bathed,
showered, defecated, or urinated prior to the
examination.
 Consent (1)
Consent must be obtained for examination and
treatment of the sexual assault victim, as well as
for the release of information obtained during the
medical examination to legal authorities so that
prosecution may proceed.
Written permission for medical examination and
treatment is obtained from all patients, and the
staff is usually familiar with the process.
Consent (2)
In a true emergency, permission for medical
examination and treatment is assumed and
treatment may proceed without written
consent.
In the area of sexual assault, however,
special issues are raised, mostly pertaining to
the victim’s age.
some state permit medical treatment of
venereal disease or pregnancy in a minor
without parental permission.
 Physical examination (1)
The approach to the victim for the physical
examination should be gentle and emphatic.
During the examination it is helpful for physician
to explain, in a calm and mannerly voice, step by
step, what he/she is doing.
A young child may be examined on a mother’s
lap or, like the older patient, on the examining
table.
 Physical examination (2)
The physician should assess and record the patient’s
general appearance before she disrobes (patient
appears disheveled, clothes torn).
The physician should also note the patient’s
demeanor, emotional distress, or depression which
may manifest itself by inappropriate laughing,
agitation, or withdrawal.
The patient’s emotional state does not necessarily
reflect on the validity of her charges.
Some rape victims will appear cold and detached,
while others will be hysterical.
 Physical examination (3)
Bruises (ecchymoses) should be described in terms
of location, size, shape, and color.
Bruises evolve over a period of time and their age
may be estimated from their appearance
The physician’s assessment of the age of a bruise by
its appearance may be used in the courtroom to
corroborate or dispute the victim’s claim by
comparing it to the historical timing of alleged
assault.
Physical examination (4)
 Besides look for bruises, bites, and
lacerations. The examiner should
examine the hands to see if the
fingernails are broken.
 Is the pubic hair matted? Are there are
foreign hairs mixed with the patient’s
pubic hair?
 Genital examination (1)
Genital exam is required in order to assess the
degree (if any) of trauma and to collect specimens
for evidentiary purposes.
Initially, the external genitalia and surrounding
area are inspected.
Sign of trauma such as a bruising on the inner
thigh may result from attempt to pry or pull the
legs apart.
 Genital examination (2)
While an integral part of the examination in the
older female patient, internal (vaginal)
examination may not required for children.
If blood is seen coming from the vagina in child, a
vaginal exam is indicated and is preferably
performed under general anesthesia to permit
adequate inspection and repair of physical trauma
without inflicting further psychological trauma.
 Genital examination (3)
 The presence of an intact hymen at this site should
be documented but does not rule out vaginal
penetration.
 In practice, hymenal tissue is difficult to identify in
the majority of patients, a fact that has been
attributed to masturbation during childhood or to
the active lifestyle of the modern day woman, but
not necessarily signifying previous intercourse.
 Thus, the status of the hymenal ring has minimal
legal significance.
 Genital examination (4)
 In some centers, the finding of a relaxed vaginal
opening in a child is used as evidence of sexual
abuse, however, no objective data can be found
in the literature to support this conclusion.
 In children, when a vaginal exam is not
performed, a small catheter with a syringe on one
end may be inserted into the vagina in order to
withdraw a specimen for forensic testing.
 Genital examination (5)
 Rectal examination is indicated if a history of
rectal intercourse is elicited, and similar to the
genital examination, includes external examination
for sign of trauma and foreign material and
internal examination using an anoscope with
inspection for signs of trauma and foreign
material, collection of specimen for evidentiary
and medical purposes, and palpation with a
gloved finger for sign of tenderness and trauma
 Statistic of the genital trauma
 Absence of trauma to a rape victim does not negate
the validity of her claim of rape.
 Thus, in an analysis of 451 rape victims examined
at Parkland Hospital in Dallas by staff gynecologists,
stone found that only 34% showed any evidence
of trauma (aberration, contusions, and or
lacerations) of the 451 victims, only 18% had any
trauma to the genitalia ( reddening, abrasions,
contusions, or lacerations).
Statistics of the sperm exam
 Examination of fluid from the vaginal pool by
these clinicians revealed the presence of
motile spermatozoa in 19.3% of patients,
with motile and non motile spermatozoa
observed in 47% of all patients.
 Subsequent examination of the vaginal
smears in the crime laboratory showed
spermatozoa present in 62% of all smears.
 Laboratory evaluation(1)
 Evidentiary material should be collected and held
for possible release to the law enforcement
officer.
 In the absence of such consent or court order,
specimens should be set aside, preferably in a
locked refrigerator or box.
 Specimens obtained from the assault victim have
both medical and legal significance.
 Labelling
 It is essential to properly label all specimens
(patient’s name, date, time of collection, area
from which the specimen is collected, collector’s
name)
 Failure to properly label specimens or to maintain
written documentation when custody is
transferred may render any evidence legally
worthless.
 Panties can be documented
 Vertical drainage from the vagina is the worst
enemy to the collection of evidence.
 Because of this, it is recommended that the
examining physician retain the panties the victim
was wearing.
 Thus, any drainage of semen into the panties can
be documented.
Legal considerations (1)
 Hospitals suffer from lack of personnel
trained to work with rape victims, both in the
crisis period and in follow up, and from lack
of consistent and clear procedures for
evidence collection.
 In the absence of a formal policy and
sufficient information about the treatment of
victims in crisis, personal attitude and fears
prevail.
 Legal considerations (2)
When the complaint reaches trial, there are three
major elements of the legal defense in a rape case:
Lack of identification – that the man accused is
not the perpetrator of the crime.
Lack of penetration – that a sexual act did not
take place
Consent – that the intercourse was consented to
or voluntary on the part of the woman.
 Legal considerations (3)
Independent corroboration of the victim’s story may
be presented by an eyewitness, evidence acquired at
the crime scene, and from the body of the victim or
defendant.
Since many rapes are not witnessed, circumstantial
evidence is offered in most cases, including medical
evidence and testimony, condition of clothing,
bruises, and scratches, emotional condition of the
victim, presence of semen or blood in the clothing of
the accused or the victim.
 Legal considerations (4)
The victim who attempts to restore a sense of
control and cleanliness by bathing and changing
clothes after rape, or who is too frightened to report
immediately, may not be believed.
The defense counsel can attack the case against the
defendant by introducing evidence of the victim’s
mental illness, previous consensual intercourse with
the same man, previous false accusations of rape, or
un chaste reputations
 Legal considerations (5)
Many women feel that the trauma of a court
proceeding is too great, especially if there is little
reason to hope that the assailant will be
punished or his crime.
In 1974, only half of the reported rapes led to as
arrest, and 40 % o men arrested were never
prosecuted.
Of the remaining 60 % who were prosecuted,
half were acquitted or had their cases dismissed.
 Male rape
 Sexual assault of men has long been
recognized as a means of humiliating
opponents by conquering soldiers, as a
feature of sexual torture or aggression, or as
a sexual outlet in institution where
heterosexual activity is impossible.
 There is, however, a reluctance to recognize
that male sexual assault also occur in
ordinary society.
 This reluctance stems from three
factors
Firstly, rape is popularly and wrongly regarded as
a sexually motivated crime in which a highly sexed
is tempted by a vulnerable, attractively dressed
woman.
Secondly, men are considered strong enough to
defend themselves against a sexual assault
Thirdly, in Indonesia/English law the term “rape” is
restricted to forced penile penetration of the
vagina and thus can not apply to sexual assaults
against men.
Who was the assailant ? (1)
 Less is known about the sexuality of
assailants, but often they are predominantly
heterosexual.
 Anal or oral penetration is common and is
sometimes accompanied by physical battery.
 Sexual assault of men by women is rare and
the victims are usually men who are
peculiarly vulnerable psychologically or
physically.
Who was the assailant ?
 Homosexuals may be disgusted by their own
sexuality, believing that it was a factor in
attracting the assailant, while heterosexuals
may consider their sexual identity to have
been challenged: that a man can be
overpowered and penetrated makes him less
than a man.
 There is little evidence, however, that sexual
assault of heterosexual men has any lasting
influence on their sexual orientation.
Rape Trauma Syndrome
It's been three years and I still won't get in
an elevator alone or go out alone unless it is
very necessary. When I enter my apartment I
don’t dead bolt it till I get my knife out and
check everywhere- under the bed, in the
shower, in the closets. Then I dead bolt the
door. I do this two or three times a night. I
don’t enjoy walking anymore. I never had
these problems before I was raped… I'm
scared I will be like this forever.
rape victim
 The term rape trauma syndrome was used to
describe an acute phase and long term
reorganization process that occurred as a
result of forcible rape or attempted forcible
rape
The rape victim`s experience (1)
 The rape victim has usually had an
overwhelming frightening experience in which
she feared for her life.
 Generally the experience results in feelings of
helplessness and intensifies conflicts about
dependence and independence.
 It generates self-criticism and guilt which
devaluate her as a victim, and may interfere
with trusting relationship, particularly with
men.
The rape victim`s experience (2)
 Other important consequences of the
situation are a sense of shame, difficulty
handling anger and depression and persistent
feelings of vulnerability.
 Each rape victim responds in her own way,
depending on her age, life situation, the
circumstances of the rape, her specific
personality style, and the responses of those
from whom she seeks support.