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Raped, Then Jailed: the Risks of Prosecution for Falsely Reporting Sexual Assault

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Raped, Then Jailed: the Risks of Prosecution for Falsely Reporting Sexual Assault Thank You for Joining Us • Please use your computer speakers to listen to the webinar. If you are having trouble with audio or do not have speakers, please join the webinar via phone by calling 1‐800‐832‐0736 and using room number 9998597# • Type your questions in the Q&A window at any time. We will dedicate 15 minutes to Q&A at the end of the webinar. • Download slides and handouts at any time during the webinar. Click the link you want to access, then click “Browse To.” We will begin shortly. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 1 Raped, Then Jailed: The Risks of Prosecution for Falsely Reporting Sexual Assault Sergeant Joanne Archambault Retired, San Diego Police Department CEO & Founder End Violence Against Women International Kimberly A. Lonsway, PhD Director of Research End Violence Against Women International END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 2 Thank you to the Office on Violence Against Women (OVW), US Department of Justice for continued support of this work! END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 3 1 This project is supported by Grant No. 2016‐TA‐AX‐ K010 awarded by the Office on Violence Against Women, US Department of Justice. The opinions, findings, conclusions, and recommendations expressed are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 4 At least 127 US women charged with false reporting or associated crimes 2013‐2018 (Kingkade, 2018) . Mostly misdemeanors, but some felonies including evidence tampering for getting medical forensic exam More than 200 women prosecuted in the UK; many imprisoned for 2+ years (Baker & Bradley, 2018) The truth is we don’t know the true extent of the problem. These cases almost never go to trial; these women and girls typically plead guilty. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 5 Victims receive more negative reactions from friends and family members than professionals . Also less helpful information (NIJ research, 2018) DePrince, A.P., Dmitrieva, J., Gagnon, K.L., Labus, J., Srinivas, T. & Wright, N. (2018). Study Finds Agencies Can React More Supportively Than Family and Friends to Victims’ Disclosures of Sexual Assault. Washington, DC: National Institute of Justice, US Department of Justice. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 6 2 “My daughter was 13 years “When I first reported my old when she was raped by an assault … my hometown and employee at the church she my school gave me no attended. She had the support and showed me no courage to tell her youth understanding, but instead leaders that she had trusted. raised money for my Sadly those youth leaders assailant and publicly didn’t believe her. Instead of supported his actions. It’s getting help, they one thing to be victimized by intimidated, interrogated, sexual assault but it is and shamed her. She thought another to be victimized by if they didn’t believe her, no an entire community.” one would believe her.” Submissions on the Start by Believing website (www.startbybelieving.org) END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 7 Of 100 rapes committed an estimated 5‐20 are reported to police 0.4‐5.4 are prosecuted 0.2‐5.2 result in a conviction incarceration 0.2‐2.8 Lonsway, K.A. & Archambault, J. (2012). The “Justice Gap” for Sexual Assault Cases: Future Directions for Research and Reform, Violence Against Women, 18 (2), 145‐168. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 8 END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 9 3 18‐year old prosecuted despite physical evidence she was bound, gagged, raped by a stranger who broke into her home . Extensively interrogated, eventually submitted to coercive interrogation and admitted to a “false report” in a written statement . Tried to retract statement, asked to take lie detector test . Ultimately pled guilty –to false reporting, a misdemeanor, fined $500, and sent to counseling for lying, and placed on supervised probation Rapist captured in series of sexual assaults in Colorado . Marie’s photograph and camera were found with his “trophies” . Sentenced to 327 ½ years in prison . Police Department apologized to Marie, returned her $500 END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 10 Visually impaired woman was raped and sodomized at knifepoint, by a stranger who broke into her home . Physical evidence of the assault, including significant injuries . Subjected to grueling interrogation, coercive tactics including lying to her about evidence in her case . Investigator said they would go public with the false report unless she confessed. Patty signed written “confession” but the Department issued a press release anyway . Patty filed multiple complaints about her investigation Defense attorney requested additional lab analysis, foreign DNA profile identified, and charges were dropped Years later, CODIS identified rapist, who was servicing a prison sentence for another crime. Suspect sentenced to 50 years in prison END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 11 19‐year old Sara reported being robbed, raped at gunpoint by stranger while working at convenience store . Not believed by officers, nurse, or advocate . Detective thought she stole cash, fabricated rape as cover‐up . Interrogated, asked to take lie detector test . Prosecuted for false reporting, theft, receipt of stolen property, all misdemeanors . Detective obtained an arrest warrant, arguing that Sara was a flight risk even though she had continually participated in the investigation . Spent 5 days in jail, despite being 5 days pregnant 7 months later, rapist confessed to crime and 10 other attacks END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 12 4 13‐year old raped, not believed, prosecuted for false report . 2 months later, raped again by same perpetrator . This time she had photographs, video of the assault . Told deputies where to find 2 unused condoms he discarded . Suspect pled no contest, sentenced to 17 years in prison The girl’s probation was vacated, but Judge said her prosecution was “a failure of the criminal justice system” END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 13 How does this happen? END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 14 Step 1: . Assume most victims are lying END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 15 5 “It’s not one thing, usually, neighborhood, street, circumstance of the assault, like if she accepted a ride with someone … how she looked … can’t put your finger on it exactly, but you do this long enough, you can tell.” Quote drawn from research conducted by Dr. Rebecca Campbell. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 16 Step 2: . Interpret victim behaviors as signs of deception END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 17 “Eye contact, facial expressions . the other thing we look for is overdramatization. True victims have a very flat affect, whereas someone that is trying to cover for her own sexual activity will put on a show. Sobbing, yelling and covering their face. That’s a problem.” Campbell, B.A., Menaker, T.A. & King, W.R. (2015). The determination of victim credibility by adult and juvenile sexual assault investigators. Journal of Criminal Justice, 43, 29‐39 (p.34). END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 18 6 “The person who is truly upset and crying will have a runny nose along with the tears.” Campbell, B.A., Menaker, T.A. & King, W.R. (2015). The determination of victim credibility by adult and juvenile sexual assault investigators. Journal of Criminal Justice, 43, 29‐39 (p.34). END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 19 END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 20 END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 21 7 Step 3: . Switch to interrogation mode END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 22 “He wouldn’t let up, pounding me with question after question after question. Trying to trick me, trying to get me to mess up. I wanted to say, ‘Hold on, give me a minute to think.’ No he kept coming at me.” Quote drawn from research conducted by Dr. Rebecca Campbell. END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 23 . Victims typically unaware they are now being viewed as a suspect in a criminal investigation . Often not informed about their right to refuse to answer questions, terminate the interview, ask officers to leave, have an attorney present, etc. Are they actually being detained? END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION 24 8 Take advantage of youth, vulnerability Isolate victim from support people Lie to victim about evidence, testimony Ignore evidence corroborating the assault Coerce until victim agrees with investigator’s theory, signs confession END VIOLENCE AGAINST WOMEN INTERNATIONAL — A PROFESSIONAL TRAINING ORGANIZATION
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