Documenting Sexual Assault

Joanne Archambault Sgt., San Diego PD Retired Executive Director/Founder End Violence Against Women International [email protected]

• Even when properly investigated most sexual assaults are not successfully prosecuted • Prosecutors argue that police reports are severely lacking • Cops argue that prosecuting attorneys want a sure win • Law enforcement must conduct a thorough investigation and provide the prosecutor with the documentation to support the charges

Documenting Sexual Assault

• Few police officers have been taught how to successfully document sexual assault • Victim, suspect, and/or witness statements should not be sanitized • Some officers report that supervisors tell them to alter a statement • Some prosecuting attorneys may feel the victim may be perceived unfavorably if street terms are used

1 Documenting Sexual Assault

• Recreate the Reality of the Sexual Assault

Scene Lab Reports Forensic Evidence Victim ID???

Suspect Witnesses Consen t???

Documenting Sexual Assault

• Sexual assault is shameful and an uncomfortable subject • There may be a perception that there is a need to clean up the victim’s statement to make it presentable • This is a big mistake

Documenting Sexual Assault

• Prosecutors may not feel confident about filing criminal charges without thorough documentation • Defense attorneys win cases because they attack the credibility of the investigation • Or the Victim’s Credibility • Usually with ammunition from the investigator’s own reports

2 Documenting Sexual Assault

• Sexual assaults rarely involve eyewitnesses • The evidence/corroboration will serve as the witness(es) • Your report should not depend on the reader connecting the dots • Results of the forensic exam, any visible injury, the victim’s appearance, demeanor should all be documented in YOUR report

Documenting Sexual Assault

• A brief summary or synopsis is ineffective to show the evolution of the investigation and suspect statements • Sexual assault cases are made by highlighting the absurdities, implausibility's and inconsistencies • Important details are easily lost • How are you effectively going to document a 1-2 hour interview?

Documenting Sexual Assault

• Use simple language for parts of the body and what people are forced to do with those parts of the body • Use quotations when interviewing victims, suspects and witnesses • This allows for the reader to begin to see this crime through the eyes of the person interviewed.

3 Documenting Sexual Assault

• The vocabulary you use is critical to recreating the reality of the sexual assault • Example – University Policy – The standard sanction for those in violation of the Non-consensual Sexual Intercourse policy is expulsion – Non-consensual Sexual Intercourse = Rape

Documenting Sexual Assault Reported Alternative

• He ripped her nylons • “He ripped my nylons open between her legs open between my legs and then started going and then started going down on her down on me.” • I asked her if she meant • I asked her if she meant oral sex he forced his mouth on • She told him no and her vagina. asked him not to do that • She told him no and • However, he continued to asked him not to do that, perform oral sex on her. but he forced his mouth on her vagina anyway.

Documenting Sexual Assault Reported Clarification • She then said, “He got • The victim explained that on top of me and tried the suspect got on top of to fuck me.” her and tried to force his • She told him no, but he penis in her vagina. continued. She thought • She said no, but when she he was going to do it realized he was going to anyway, so she asked rape her, she asked him to him to use a condom. use a condom because she • He performed oral sex was afraid that he would on her again. He then give her a disease or….. got on top of her and • The suspect forced his had sexual intercourse mouth on the victim’s with her. vagina and then he raped her, forcing his penis into her vagina.

4 Documenting Sexual Assault Reported Alternative • He told her to suck • The suspect told the his “dick”. She said victim she had to suck no. He told her she his “dick”. had to. She told him • Although the victim no again, but he kept repeatedly said no, he telling her to do it. forced his penis in the • She performed oral victim’s mouth sex on him. against her will.

Documenting Sexual Assault Reported Alternative

• The first man brought • The first suspect left the in another person. victim and brought a • This person got friend into the room behind her and had • The second suspect got sexual intercourse behind her and forced his with her, while the penis into the victim’s second man got in vagina while the first front of her and made suspect forced his penis her perform oral sex into the victim’s mouth on him. while standing in front of her.

Documenting Sexual Assault Reported Alternative • At one point, she • After the suspect finally stopped ejaculated/tired/stopped performing oral sex, or …., the first suspect but the suspect who took his penis out of the was behind her did victim’s mouth. not stop having • Suspect #2 continued intercourse with her. raping the victim from behind.

5 Documenting Sexual Assault Reported Alternative • Her face was laying in • The suspect forced the the lap of the suspect victim’s head into his lap. in front of her. • The suspect took her right hand and forced her • That suspect took her to put her hand on his right hand and placed penis. it on his penis. • The victim kept trying to • She kept moving it, resist but the suspect but he kept placing it continued to force her until she stopped there so she finally resisting. left it.

Documenting Sexual Assault Reported Alternative

• She took her clothes • He threw her on the bed, off. took his shirt off and told her to take her clothes • She said they each off. took their clothes off • She said she didn’t want by themselves. to. The victim complied • I asked her why. because she didn’t know what to do. • The suspect kept telling her to take her clothes off and she was scared.

Documenting Sexual Assault Reported Alternative • The first suspect tried to • The first suspect tried to have anal sex with her force his penis into the when he first turned her victim’s anus. face down. • She yelled at him, stating • She told him, “Don’t and “Don’t!” and she tried to then reached back and grab him to stop him. grabbed him. • The victim said it was • She told him to “stop it”, very painful and although “it hurts” and “you’re she told the suspect to scaring me. stop, he forced his penis • He said you know you into her anus anyway. like it. Penetration no matter how slight=rape

6 Documenting Sexual Assault Interpretation • When the second suspect • I asked her why she got in front of her he told did it, if he didn’t her, “Dome me.” A slang physically force her. term for oral sex. • She just looked at him. • I asked her if she was • He said, “You have to do scared for the same it.” reasons as before. • He had his hand on the back of her head but didn’t force her head down.

Documenting Sexual Assault Reported Alternative

• The first suspect grabbed • The first suspect grabbed the victim’s hair and her hair on the sides the forced the victim’s head first time she had to and mouth down onto his perform oral sex on him. penis. • When she stopped • The suspect continued to force his penis into the performing oral sex, it victim’s mouth. The was because her mouth victim said her mouth was hurting and she was was hurting and she was tired and she just couldn’t tired. The suspect finally quit when she just do it anymore. couldn’t do it anymore.

Documenting Sexual Assault Important Details/Hidden Statements

When describing the • One of the co-defendants • said he saw a suspect sodomy, on a scale of with his hands around the 1 to 10 the victim said victim’s head ramming her head down onto his she placed the pain at penis. a “10”, the worst pain • While the first guy was behind her, he kept possible. pushing her down on her • At one point, the back. He also kept slapping her butt on the victim believed the right side, where she now suspects were going has a red mark. to kill her. • Suspect said he would quit when he was done.

7 Documenting Sexual Assault Hammering Consent Backfires • I asked her if the sex was • One of the suspects consensual and she said stated the victim was no. walking around nude and • I asked her if it started consensual but then at she had performed some point was not consensual oral sex on consensual anymore and him in the living room. she said no. • I asked her if she tried to • I stated that at no point this was consensual and leave and she said no. she said no. • I asked her why. • This indicated to me this wasn’t consensual at all.

Sexual Assault Evidence

• Critical Witness • Victim got a ride • Male witness asked Statements her if she was alright • She said no and started crying. Corroboration • Witness told victim what they did was wrong and to call the cops because it wasn’t her fault.

Sexual Assault Evidence

• Critical Witness • The witness said the Statements victim was “hysterical, very hysterical.” • “It was hard to Corroboration understand her because she was crying.” • All he could make out was that some guys violated her and that’s wrong.

8 Sexual Assault Evidence

• Critical Witness • Suspect looked spooked. • I asked him what was Statements wrong. • He said, “Some people were messing with a girl.” Corroboration • “Two guys were messing with the girl at the same time and the girl was crying.” • “They said she wasn’t saying no, then she started crying.”

Sexual Assault Evidence

• “The girl was like on • Critical Witness drugs.” Statements This suspect/witness Victim’s toxicology statement needs to • be explored. What results were negative. does the witness mean? She’s not on drugs. Suspect is Corroboration describing victim is in shock, gives up, closes her eyes, tired from crying…...

Sexual Assault Evidence

• Critical Witness • “The guys who did Statements this should get bad punishment.” • “The girl was crying Corroboration when he was having sex with her but then she stopped and just went along with it.” • “The girl had her eyes closed.”

9 Sexual Assault Evidence

Critical victim • “She closed her eyes so • she wouldn’t have to statements watch anymore.” corroborated by • She told the first suspect no, but didn’t suspect and witness specifically address it to statements. the second suspect. • “After that she stopped telling them no because it was not working and she thought if she just kept quiet it would be over sooner.“ • “She thought they would kill her.”

Sexual Assault Evidence

Critical Witness • The girl was hysterical, • crying and could hardly Statements breathe. • He asked the girl if she needed to go to the hospital. • He asked her what was wrong. • He told her she had been raped. • She said she went with the suspect to use the phone.

Sexual Assault Evidence

• Critical Witness • Female witness saw a Statements girl come out bawling. • She had never seen the girl before. Corroboration • The way she was crying was weird.

10 Sexual Assault Evidence

• Critical Witness • Male witness Statements • It was obvious what happened to her. • It made him sick to Corroboration his stomach. • They had never seen the girl before.

Suspect Statements- Inconsistencies, Absurdities, Implausibility’s

• The suspect said at one • Just from her body language, “she wanted point she was shook up. me, she even took off my • He said there was no shirt.” intimidation and that she • When asked about her wanted it or she wouldn’t pantyhose, the suspect said they already had a have been there hole in them and she told • The suspect didn’t have a him to rip them off. condom but she wanted • She really wanted him, so him so bad, she told him, he did. “Just pull out before it happens.”

Suspect Statements- Inconsistencies, Absurdities, Implausibility’s

• The girl was laying on the • The girl said, “No, I don’t bed making weird noises. want to do this anymore.” • Suspect asked her what • The girl was laying face was wrong. “If you don’t down on the bed with her want to do this anymore, face in his lap. all you have to do is say • She was just laying there, so.” not doing anything. • The girl was totally naked.

11 Suspect Statements

• The officer asked why the • Just the way he had her witness/suspect thought head with his two hands force was used. and was kind of…just kind of pushing it down…it didn’t look right? • The woman was on all fours, bent over face down. It appeared that he was pushing his hands down.

Polygraphs Actual Better • Did you have sex with • Did you force your penis into the victim’s that woman? mouth? • This question phrased • Did you attempt to this way does not force your penis into address consent. the victim’s anus? • Goal is to establish • Did the victim say no? • Did you hear the force, lack of victim crying? consent

Sexual Assault Evidence

• Photographs of injuries, • Audio tape/video tape of Polaroid, 35mm and suspect interviews colposcopic • Non-custodial interviews, • Forensic exam for victim statements, not and suspects interrogation • Clothing documentation – • Pre-text phone calls The nylons were • DNA profiles impounded. Were they torn? Suspect said yes. • Toxicology results • Summary of the 911 • Suspect interviews tape, content and caller’s • Polygraph(s) demeanor • Prior Victims?

12 FOR MORE INFORMATION

EVAWI Website

Conferences

13 Upcoming Conferences

• International Conference in New Orleans, LA – April 7-9, 2015 Sexual Assault, Domestic Violence and Campus Responses – Pre-conference: April 6, 2015 Trauma- Informed Investigations and Prosecutions

Webinars

Training Bulletins

14 Examples of Training Bulletins • Understanding the Role of DNA in a Sexual Assault Investigation (6-part series) • Should we “Test Anonymous Kits?” • Forensic Exams for the Sexual Assault Suspect • Responding to Victims Reporting from Another Jurisdiction • When to Conduct an Exam or Interview • VAWA 2013 Prohibits Exam Costs for Victims and Requires Public Education • Notification of Advocates and HIPAA Protections

OnLine Training Institute

Online Resources

15 Technical Assistance