RAPE AND SEX CRIME INVESTIGATION

Introduction:

Article 266-A Rape, When and How Committed. – Rape is committed –

1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

a) Through force, threat or intimidation;

b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned be present;

2) By any person who, under any of the circumstances mentioned in paragraph 1

hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth
or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
(Republic Act No. 8353 which took effect on October 22, 1997).

The investigation into rape and other sex related crimes presents a significant challenge
for the crime scene specialist and investigation.
 Sex crimes range from voyeurism (peeping tom) to rape and murder.
 Rape and sex crimes are likely to leave emotional scars that last a lifetime.
 As a result, the handling of the victims, witnesses, and even offenders, demands
special attention and a high level of compassion and skill.
 In rape and sex related investigations, procedures involving basic evidence collection
take on additional importance.

In light of this, the success of the investigation will largely depend on the collection of
both physical and biological evidence.

In addition to the crime scene, there are two other sources of evidence; the victim and
the offender. Establishing a link between the victim, the offender, and the crime scene is of
utmost importance.

Sex offenses can be difficult to investigate because the Victim is often emotionally
distraught.

Some sex offenders are emotionally disturbed and feel no remorse for their actions.

Pedophile – a person who is sexually attracted to young children.

Sadist – a person who derives sexual gratification from causing pain to others, often
through mutilation.
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CLASSIFICATION Sex Offences, Include:

1. Bigamy
2. Child molestation
3. Incest
4. Indecent exposure
5. Prostitution
6. Rape (sexual assault)
7. Sodomy
8. Also include a wide range of forbidden sexual activity.

INVESTIGATING OBSENCE TELEPHONE CALLS

1. It is a crime to make obscene phone calls.

2. The callers want to remain anonymous, using the telephone as a barrier between
themselves and their victims.
3. If the victim wants to prosecute they first contact may be the telephone company.
4. Caller ID may discourage obscene phone calls.

RAPE/ SEXUAL ASSAULT

 Forcible rape – is sexual intercourse against a person’s will by the use or threat of
force.
 Statutory rape – is sexual intercourse with a minor (12 years of age and below), with
or without consent.

ASSUMPTIONS

 Most rapes are impulsive acts.

 Victims are attacked suddenly, without conversation
 Men rape because they lack sexual outlets
 Rape is a sex crime

FACTS

 Most rapes are planned

 The attack is usually preceded by conversation
 Many rapists have access to sex; they want to express power, dominance and
control
 Rape is a crime of violence

ELEMENTS OF THE CRIME OF RAPE

 An act of sexual intercourse

 With a female other than the wife
 Committed without the victim’s consent
 Against the victim’s will and by force
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SEX OFFENSE TERMINOLOGY

 Intimate parts – usually refers to the primary genital area, groin, inner thighs,
buttocks and breasts.
 Sexual contact – usually includes any act committed without the complainant’s
consent for the suspect’s sexual or aggressive satisfaction.
 Sexual penetration – includes sexual intercourse, or any other penetration to the
victim’s body.

SEX OFFENDERS

 Some sexual assault offenders are sadistic and commit physical abuses.
 Others seek to control their victims through threats and physical strength.
 Still others act out aggression and hatred.
 Motivated by either power or anger.

SPECIAL CHALLENGES TO INVESTIGATING RAPE

 Sensitive nature of the offense

 Social attitudes
 The victim’s horror and/or embarrassment
 A rape investigation requires great sensitivity

THE POLICE RESPONSE

 The first officers to arrive can make or break a rape case depending on how they
approach the victim.
 Protect the crime scene and broadcast a description of the assailant, means and
direction of flight and the time and exact location of the assault.

OFFICERS ON THE CRIME SCENE SHOULD

 Record their arrival time

 Determine the victim’s location and condition
 Determine whether the suspect is at the scene
 Protect the crime scene
 Identify and separate witnesses
 Initiate crime broadcast if applicable

PHYSICAL EVIDENCE IN THE INVESTIGATION OF RAPE

 Scratches
 Bruises or cuts
 Evidence of a struggle and semen and bloodstains
 Stained or torn clothing of the victim and suspect
 Panty
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 Detached pubic hairs of the victim and suspect

 Testimonies of witnesses if there is any
 Written complaint of the victim

OTHER EVIDENCE

 Because evidence deteriorates rapidly, obtain is as soon as possible.

 If the assault occurred outdoors, take soil and vegetation samples for comparison
 If the suspect is apprehended, photograph any injuries, marks or scratches on the
suspect’s body.

INVESTIGATING DATE RAPE

 Victim knows the suspect.

 Additional evidence in date rape cases may include the presence of drugs in the
victim’s system.
 Rohypnol date rape drug dissolves rapidly when placed in a carbonated drink,
making it virtually impossible for unsuspecting victims to detect.
 Drug Induced Rape Prevention and Punishment Act allows courts to impose prison
sentence up to 20 years.

VICTIM’S MEDICAL EXAMINATION

 The rape victim should have a medical examination as soon as possible.

 Most hospitals have a sexual assault and vaginal kit that is used.
 Insensitive medical personnel may victimize the injured party all over again.

INTERVIEWING THE VICTIM

 Develop rapport
 Communicate empathy and objectivity
 Provide information about the police role and investigation
 Help the victim regain control
 Address concerns about prosecution
 Recognize the victim’s reaction
 Allow the victim to set the pace/ tone
 Understand disorganized thinking
 End the interview with an explanation of available victim assistance programs, such
as Sexual Offense Services (S.O.S.)

INTERROGATING SEX OFFENDERS

 Create a comfortable, relaxed environment.

 Establish a common ground for discussion.
 Speak in the language and tome a therapist would use.
 Make the suspect feel safe enough to disclosed his fantasies.
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 Get the suspect to discuss his fantasies openly.

 Match the fantasies to criminal behavior of past crimes.

THE BEHAVIORAL PROFILE IN SEX OFFENSE CASES

 Rapist are generally recidivist.

 About 70% of them commit more than one rape.
 Sexual sadists become more sexually excited the more the victim suffers.

THREE TYPES OF RAPIST BEHAVIOR

 Physical
 Verbal
 Sexual

PHYSICAL FORCE BY THE SUSPECT

 Minimal – slapping the victim

 Moderate – repeated hitting
 Excessive – beating resulting in bruises
 Brutal – sadistic torture

FOUR COMMON METHODS OF CONTROL

 Mere presence
 Verbal threats
 Display of a weapon
 Use of physical force

SUSPECTS VERBAL AND NON-VERBAL BEHAVIOR

 Did the suspect demand that the victim says certain words or demand that she beg,
plead or scream.
 This information may help determine motivation.
 What actions did the suspect take to protect his identity?
 Cover his face with a ski mask, gloves, change his voice, blindfold the victim
 This will determine experience level.

FOLLOW-UP INVESTIGATION

 After the preliminary investigation and medical exam are completed the victim should
be interviewed again in 2 to 5 days.
 Some victims will decide not to prosecute because of pressure from the family and
friends, fear of reprisal, shame and fear of going to court and emotional or mental
disturbance.
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 Some prosecutors will refuse to prosecute a case because of weak and

uncorroborated evidence.
 Some cases may be unfounded.

COORDINATION WITH OTHER AGENCIES

 Medical personnel
 Social workers
 Rape crisis center personnel
 News media

PROSECUTION OF RAPE AND STATUTORY CHANGES

 Conviction of sexual assault cases requires medical evidence, physical evidence

such as torn clothing, evidence of injuries and a complaint that is reported
reasonably close to the time of the assault.
 Most recent laws have reduced the penalties for sexual assault which should lead to
more conviction.

RAPE 8353 (Anti-Rape Law of 1997)

 Rape now is classified as crime against persons. Previously it is a crime against

chastity. Thus, there is now an impossible crime of rape. Raping a dead person
believed to be alive by the offender is impossible crime of rape.
 Rape could be committed on male person.
 Marital rape could also now be committed by the husband.
 The insertion of the penis or objects into the mouth, genitals or anal orifice of another
person with carnal knowledge is rape.