INVESTIGATION OF RAPE CASES

BASIC REQUIREMENTS IN INVESTIGATION:

 Recognize and ensure that the right to privacy of the victim is respected.
 Ensure that only persons expressly authorized by the victim are allowed inside the
investigation room.
 Ensure that the name and personal circumstances of the victim and the suspect or any
information tending to establish their identities are not disclosed to the public, including
the media.
 Conduct the investigation in a language or dialect known to the victim.

A. THE INITIAL INTERVIEW

 Note that obtaining information from the victim is an INTERVIEW, not an Interrogation.
 In most cases, interviews are the only source of information, and a great part of the
investigation is devoted to them.
 It is in the interview process that many victims complain of further traumatization or
victimization. It is thus important for the investigator to remember that during the
interview, “The victim is being asked to discuss with a stranger the details of probably
the most traumatic and personal experience of her life.”

Suggested Guidelines for Interviewing the Victim

The initial interview of the rape victim is a critical process. It must be appropriately
conducted on a one-to-one basis in a setting that is private and comfortable. The objective of
the interview is not only to facilitate the prosecution of the crime but also to address the victim's
needs and contribute to her recovery and empowerment.
1. Maintain a comfortable distance from the victim. Bear in mind that the victim most
probably does not want to be touched or have any form of physical contact, especially
with a stranger.
2. Introduce yourself, your title and functions.
3. You can start by asking how they want to be addressed. Do not presume the right to call
them by their first name. Ask her if they feel comfortable with it.
4. Explain to the victim the purpose and process of the interview. Explain your role in the
process. Encourage them to ask questions.
5. Use a language or dialect known to the victim.
6. Establish rapport with the victim throughout the interview.
7. Cultivate the trust and confidence of the victim. Emphasize that their identity and
whatever they say is confidential and shall remain so if they wish.
8. The investigating police must avoid making comments, remarks, gestures, or any
physical or facial reaction that the victim may interpret as disbelief, suspicion, blaming,
mockery, disdain, disgust, or disapproval.
9. Ask questions gently, and do not force the victim to reveal anything they are unprepared
to divulge.
10. The officer should refrain from asking “why” questions. Instead, the investigator should
ask open-ended questions that are non-threatening and non-judgmental. (e.g., Avoid
asking, “Why did you go out so late that night?” or “Why did you not fight him?”) Instead,
 ask, “Please describe what happened.” or “Did you have any reason for going out
at night?”
11. Allow the victim to talk at their own pace. They should not be rushed but should be
allowed to answer each question fully. Be aware and sensitive to the varying verbal and
non-verbal reactions of the victim. Be able to adjust your questions based on the victim’s
reactions.
12. Listen attentively and encourage the victim to talk and express her feelings.
13. Pay attention to expressions of guilt, fear, humiliation, etc. Assure the victim that it was
NOT her fault or that she did not ask for the assault.
14. There are no guidelines on how extensive the initial interview should be. Be able to
exercise your judgment and be guided by the victim's reaction. Involve the victim and let
her decide whether to proceed with the interview. This would give the victim a sense of
control over her person, which the crime of rape deprived her of.
15. Ensure that the victim understands the objective of the documentation and that the
methods do not offend the victim’s sensibilities.
16. Inform the victim of her rights, as well as of the remedies available to her. The initial
interview is also the time to inform the victim of the complex medical, investigative, and
legal process she will encounter.
17. Before ending the interview, advise the victim of the next step in the investigative
process.
18. Ask the victim if she has questions.
19. Thank the victim.

Other Duties of Investigating Officer:

 Explain to the victim the psychosocial services, such as counseling, that are available.
Even if she expresses no need for psychosocial assistance, provide her names and
contact numbers of agencies and persons she can approach should she decide to ask
for their services.
 Assess the risks to the victim’s safety and ask her if she needs help in securing her
safety, especially when the suspect is at large, lives in the same community, or is a
member of the victim’s family, enabling him to intimidate, harass or commit other crimes
against the victim or the victim’s family.
 Must preserve all the evidence that may be needed in filing the charges.
 Have the victim undergo a medico-legal examination at the earliest possible time, but it
should be done with the written consent of the victim. Even if a considerable time has
lapsed between the rape incident and its reporting, it is still beneficial to subject the
victim to a medical examination as significant findings could still turn up.
 Assist the victim in obtaining a lawyer, one who is sensitive to her needs.
B. FOLLOW-UP INVESTIGATION
The follow-up investigation is necessary as the victim may remember additional
details after the first interview. The investigating officer may request the victim to accompany
the officer to the crime scene to search for further evidence or clarify details of the rape. Follow-
up interviews should be done one-on-one, private, and at a comfortable location. The victim
may be called upon to identify the suspect by photo or live lineup.

Securing and Protecting the Crime Scene

 Follow the procedure in crime scene processing (or request SOCO assistance if
needed).
 Locate possible witnesses to the crime by conducting random interviews with neighbors,
close relatives of the victim, or any other person who may provide information regarding
the rape incident.
Documentation
 The entire investigation process, from the initial interview to follow-up interviews, a
search of the crime scene, and the preservation of evidence, must be documented in
writing or audiovisual.

DIFFERENT METHODS OF DOCUMENTING RAPE INVESTIGATION:

1. Making a Mental Note
Advantage: Permits uninterrupted flow of information without inspiring caution due to
the appearance of pencil and paper.
Disadvantage: Untrained memory may leave the interview with little more than a
general impression and safe phrases.
2. Disc, Tape, or Wire Recording - found to be the simplest and most practical means of
reproducing the interview or the interrogation. It requires physical preparation and a moderate
degree of technical facilities.
3. Photographs, Sketches, and Descriptions of CS and Items found - usually presented as
documentary and object evidence and are often accorded great weight in the evaluation of
evidence.

Forensic Interview of Victims

LANGUAGE OF CHILDREN
When a child is interviewed about allegations of sexual abuse, she is expected to be
able to tell what happened, where it happened, when it happened, who did it, and even the
probable reasons why the offender did it. There is the expectation that the child will remember
facts as that of an adult.
In reality, depending on their age and stage of development, children may not be able
to answer the questions asked. However, this does not mean that young children do not make
good witnesses; even young children can narrate what happened if interviewed appropriately.
 Remember, a good interview is not dependent on the child; it depends upon the
interviewer's skill.

Children and Memory

Children have the same ability as adults to store information in their memory. They do
not, however, have the same ability to remember as adults. There are 3 ways to recover stored
memory from the brain. The strategy that the child uses depends upon her stage of
development.
1. RECOGNITION
 Simplest form of remembering and is used by very young children.
 This is the memory activated by seeing (actual or representation) or by comparison.
 May require the interviewer to ask the child to pick from a selection of answers or to
confirm or deny a fact.
 The child’s answers will be short, and there is moderate to low confidence in the
accuracy of the information.
2. RECONSTRUCTION
 Used by children with limited language ability and is usually expressed through re-
enactments and demonstrations of what was seen or done.
Example: The child may use dolls to show how an act occurred. (Never allow reenactments by
the child herself if sexual abuse.)
3. RECALL
 The child can recover stored details of the event from her memory and tell her story
spontaneously when asked.
 Children will recall fewer details than adults, but they may also have fewer mistakes.

The following areas must be used with caution when interviewing children:
1. Words with adult meaning - Avoid using adult words such as “rape” because the child may
have a completely different understanding of what it means. Example: Rape to a child might
mean one person being on top of another person.
2) Prepositions - at approximately four years of age, children may understand and use
prepositions such as “on top,” “in front,” and “put inside.” However, they may mix up the
meaning.
3) Pronouns - When asking questions, the interviewer must identify the person they are
discussing by using their name rather than pronouns such as he, she, or “siya.” Children get
confused with long sentences involving more than one person.
In the example below, the child does not understand to whom the word siya refers:
Q: “Noong pumunta kayo sa simbahan, si Mommy at si Daddy and kasama mo, nagalit ba siya?
A: “Hindi po siya nagalit, si Mommy and nagalit.”
4. Chronology - Young children cannot sequence a story with a clear beginning, middle, and
end. They may not know where to start and which details are important.
5. Comparisons - Children have difficulty with comparisons. Without the persons or things in
front of the young child, she will not be able to answer questions comparing them.
Example: Young children younger than 5 years old cannot compare the characteristics of one
person with another, even if both are familiar to the child.
NOTE: Interviewers must carefully phrase questions requiring comparisons.
6. Recognizing Pictures - Children less than 10 years old have a difficult time recognizing
people they do not know. Children find it easier to identify a person presented on a live lineup
than from a group of photographs.
7. Interpreting the Action of Others - Children younger than 7 look at the world as if
everything revolves around them. They think they are the cause and effect of events and
assume that others know what they think and see what they did. Do not ask children this age
why an event happened or what the other person thought or felt.
8. Literal - Young children below 7 may have a very limited understanding of words; they are
very literal and unable to generalize.
Example:
Q: “Tinanggal ba niya and damit mo?”
A: “Hindi po.”
Q: “So may suot ka noon?”
A: “Wala po. Tinanggal niya and shorts at T-shirt ko.”
Children at this stage are unable to generalize; to them, “damit” or “dress” is not the same as
“shorts” or “t-shirt.”
9. Time - The time of an alleged crime is very important for investigation and prosecution;
unfortunately, children younger than 9 years of age may be unable to give the exact time and
date of the incident. Children’s sense of time is ruled by the routine of their daily life, such as
before breakfast, arriving home from school, watching favorite TV shows, etc.
Children who do not grasp time also have difficulty answering questions like “How
many times did it happen?” even though they know how to count.
10. Familiarity - Children learn through experience and interacting with their environments.
They can relate to something only if it is familiar and within their spheres of experience.
Consequently, language is shaped by experience as well.
Example:
Q: “Saang kwarto nangyari?”
A: (Silence)
Q: “Sa kwarto mo, sa sala, sa kusina, o sa banyo?”
A: (Silence)
The child does not understand this because she lives in a one-room house.
11. Suggestibility - This is the likelihood that the child will not remember what happened to her
accurately and instead tell a story that other people influenced. Children may be significantly
influenced by the content of the question, such as facts mentioned in suggestive questions,
which may be adapted as truth by the child.

Goal of Forensic Interview

 Gather accurate information from the victim to serve as evidence in court
NOTE: The process of the interview is very important. It should not traumatize the victim, and
questions must be asked in a manner acceptable in court. Voluntary disclosure relies mostly on
one factor: TRUST.

Things to Consider in Forensic Interview

 The victim should be comfortable and prepared for the interview.
 The one who interviews the victim must be the person who has received training to
perform the forensic interview.
  The interview should be done in a private room with only the interviewer present. (One-
way mirrors are helpful for observation.)

4 Parts of Forensic Interview

1. Rapport Building
2. Developmental Assessment to assess the capability of the victim to tell the story.
3. Eliciting Information (open-ended questions are encouraged)
4. Closure

Sworn Statement (Sinumpaang salaysay)

- Should be written in questions and answers and not in narrative form.
- It must also be written in a language known to and understood by the party giving the
statement.
- Many courts require the sinumpaang salaysay to be written in English. So, write exactly
what the victim says in the language she used in her sinumpaang salaysay, but include in
parenthesis your English translation.

KINDS OF EVIDENCE IN SEXUAL ASSAULT CASES

A. TESTIMONIAL EVIDENCE

Guidelines for Interviewing victims of sexual abuse

1. Separate the parties and interview the victim from the suspect’s hearing.
Once officers have arrived at the scene of the incident, the officers should separate
the victim and suspect as soon as safely possible and interview them separately. Take the
victim out of hearing range and avoid eye contact with the suspect. This will greatly decrease
the likelihood that she will be intimidated by the suspect. It also increases the likelihood of her
cooperation with the officers.

2. Proper interviewing
Officers should remember that earning the victim’s confidence and cooperation may
rely on the kinds of questions asked and how they are asked.

3. Questions that are ambiguous or rhetorical; for Example: “Are you okay?”
NOTE: Remember that when most people are asked: “Are you okay?” they automatically
answer, “I’m fine.” The person may not be fine at all. Often, the victim is in shock and may not
be fully aware of her injuries. To determine the person’s condition, ask specific questions to
focus the victim’s attention on her injuries and their extent.

Additional Interviewing Strategies

 Officers should be calm and direct. One of the initial objectives upon entering the
residence is to calm all parties.
 If the victim or suspect is angry or distraught, the officers can ask this person to slow
down, talk slowly, and lower their voice.
  If the victim is yelling, crying, or generally difficult to interview, tell her you cannot
understand her.

If necessary, repeat these instructions in a calm, direct voice. Often, when dealing with an
agitated victim or suspect, the specific words the officers use may be less important than how
they say them. Repeating clear instructions or questions in a firm voice will help the person --
victim or suspect -- focus on what the officers are saying and calm down.

The officers should be aware of their body language. How an officer stands and holds their arms
and head, the nature of the officer’s facial expression, and tone of voice convey a clear
message to victims and suspects about how the officer perceives the situation. For example,
even though the officer may be making calming, supportive statements, the officer’s body
language can convey the opposite message of boredom, irritation, disbelief, dislike, or anger.
Be patient. Repeat questions if the victim does not understand or answer them fully.

 Be aware of the victim’s fears, embarrassment, and confusion. Many factors affect a
victim’s ability and/or willingness to cooperate and provide information in an interview.
The officers must be aware of these factors and interview in ways that reassure the
victim that her concerns are legitimate and are being addressed. Keep in mind:
- This may be the first time the victim has called the police.
- The neighbors may have called the police, and therefore, the victim will be
surprised to see the police officers and probably embarrassed as well.
- The victim may not be aware that the abuse is a crime.
- The officers may be asking the victim personal questions that no one else has
ever asked before -- and they don’t even know the officers.

Victim’s feelings that may hinder police investigation:

1. Fear for self, children, and possibly, for suspect
2. Immobilization and shock.
3. Feelings of helplessness and hopelessness to effect change.
4. Guilt, shame, or embarrassment.
5. Feelings of self-blame, i.e., the victim may feel that she is responsible for the
violence.
6. Feelings of isolation, i.e., the victim may have been isolated and appear unresponsive
or impaired.

Responding to Victim’s Fear: To gain the victim’s confidence and cooperation, the officers must
be aware of and responsive to her feelings. By reassuring the victim this way, the officers will
increase her willingness to reveal the specifics of the crime. To reassure the victim:
1. Emphasize that the victim is not responsible or to be blamed for the violence.
2. Explain that she is safe while you are present and that the police are there to
help the victim.
3. Tell the victim that she is not alone and that this happens, unfortunately, to many
women.
Victim Reluctance to Cooperate
Officers may encounter victims who appear extremely reluctant to cooperate with the
investigation. In addition to issues mentioned above, such as embarrassment, shame, guilt, and
fear, additional elements are influencing domestic violence victims’ response to law
enforcement personnel and the criminal justice system.

1. Lack of Faith in the Criminal Justice System

The victim the officers are interviewing may have previously signed a criminal
complaint and/or cooperated fully with law enforcement and the courts, only to have had the
case dismissed by a “reluctant” investigator or prosecutor. The victim may have received a
severe beating for her “cooperation.” Or, she may have called the police in the past (in this
jurisdiction or others), only to have officers tell her that there was nothing they could do. Again,
she may have received “punishment” for calling the police.

2. Genuine Confusion
Some victims are genuinely confused about their feelings toward the offender. Some
domestic violence offenders are respected members of their communities. When not violent,
they may be very good fathers or mothers and loving husbands or wives. Further, family and
friends may not believe the victim’s stories of violence and may even pressure her again and
again to “give him another chance.”

3. Fear of Retaliation, Economic Hardships, Social Stigma, and Isolation

A major obstacle to leaving could be the threat of severe retaliation. The time the
victim leaves an abusive relationship is the time when she is most at risk. One study indicated
that as many as 75% of the domestic violence assaults reported to police occur after the victim
has left. Over 50% of battered women who leave their homes are hounded, badgered, and
forced to return. Other obstacles may include the lack of financial means to support herself and
the children and the lack of support from friends and relatives who may blame her for the
domestic problems

B. MEDICAL INDICATORS OF SEXUAL ABUSE

MEDICO-LEGAL EXAMINATION OF CHILDREN

2 Types of Medico-Legal Examinations
1) Acute Evidentiary Exam - performed if the most recent episode of abuse occurred within the
last 72 hours
2) Non-Acute Exam – performed if the most recent episode of abuse occurred more than 72
hours earlier

Evidence of blunt force or penetrating trauma

 Laceration of the hymen
 Bruising of the hymen
 Perianal lacerations deep to the external anal sphincter
 Healed hymenal transaction
 Absence of hymenal tissue
Further Conclusive Proof of Child Sexual Abuse:
 Finding sperm or seminal fluid in the child’s body
 Pregnancy
 Presence of Sexually Transmitted Diseases (STDs)
 Cases where photographs or videotapes show the child being sexually abused
 HIV infection is not due to other causes

Absence of Physical Findings

 According to recent studies, 80-85% of sexually abused children have normal medical
examinations; that is, although abuse occurred, physicians did not observe any injuries.
3 Possible Interpretations of Normal Findings:
o Nothing happened.
o Something happened that did not cause injury.
o Something happened that may have caused an injury that has healed since the
event occurred.

Reasons Why Physical Findings are Absent:

1. Forms of Abuse – Child sexual abuse committed can be with or without physical contact or
contact, such as fondling the child’s genitals, is not sufficient to produce injury.
2. Deliberate avoidance of causing injury to the child.
3. Difference in child and adult views of penetration.
4. Elasticity of Hymen and Anal Sphincter
5. Disclosure and Examination Delay – children’s injuries heal fast and even heal back to
normal.
6. Limitation of Equipment or Technique
7. Limitation of Examiner

What Physicians Cannot Tell:

 Exactly what object caused the injury?
 When the injury occurred (once the injury has healed).
 How many times has it happened?
 Who did it?
SEXUAL ASSAULT KIT
 A collection of evidence gathered from the victim by a medical professional / medico-
legal officer.
 The type of evidence to be collected depends on what occurred during the assault.
 The contents of a kit vary but generally include swabs, test tubes, microscopic slides,
and evidence collection envelopes for hairs and fibers.