By Dr. Nicole Cain | 06/05/2024
Rape and sexual assaults are horrendous crimes that devastate victims and their families. It is challenging to analyze the number of rapes and sexual assaults that occur annually because these crimes are underreported.
There are several reasons why rape victims do not file police reports, which include feelings of guilt and embarrassment, the fear of not being believed, and a mistrust of the criminal justice system. Detectives who are responsible for investigating these crimes play a pivotal role in reducing victims’ fears and uncertainties about the criminal justice process.
The Issue of Consent
The legal definition of rape varies slightly from state to state. A general definition of rape is the penetration of the sexual organ, mouth, or anus of one person by another without consent. It can also include sexual relations with a person below a specific age, such as a minor.
There are laws in place that also protect people who are mentally deficient and incapable of consent or who are intoxicated to a degree where they are incapable of giving consent. Consent is a critical issue in cases involving a child, as minor children are legally incapable of giving consent.
In instances of non-stranger assaults, the suspect may claim that the sex was consensual, so the investigator must prove that the sex was not consensual. It is important to address the issue of consent early in an investigation because the defense will typically claim that the victim and the suspect engaged in consensual sex.
The Role of the First Responding Officer
The first responding officer generally conducts victim interviews to obtain a description of the offender, the nature of the injuries sustained by the victim, and the location of the crime scene. It is imperative during the initial phases of a sex crime investigation to ensure that the victim receives proper medical care. In addition, it is beneficial for the victim to consent to a sexual assault forensic examination.
Preserving Evidence in a Forensic Exam
The victim’s body contains valuable evidence that must be preserved, identified, collected, and analyzed. In essence, the victim is a walking crime scene.
During the sexual assault forensic examination, the doctor will record any bruising, abrasions, or other injuries on the victim as well as any trauma to the vaginal, penal, or anal region. Additionally, the examiner will collect evidence from the victim to include semen, hair, vaginal fluid, blood, and trace evidence. The examiner will also collect a urine sample which will be analyzed to determine if the victim ingested any date rape drugs.
In sexual assault investigations, the primary responsibilities of detectives are the physical and emotional well-being of the victim, the preservation of evidence, and the apprehension of the suspect.
Treating a Victim with Care and Compassion
Victims of sexual assaults are particularly vulnerable to long-term emotional problems. Investigating sexually oriented crimes is challenging for detectives because it requires conducting an in-depth interview with the victim without causing further emotional harm.
Victim interviews are a vital part of the investigation and must be managed with care. The investigator must create a desirable atmosphere to ensure a successful interview.
For victims who have endured such a traumatic event, sexual assault and rape can lead to a sense of lost control over their lives. To conduct a successful interview with a rape victim, interviewers must step out of their traditional role of simply obtaining the facts and adopt a trauma-informed approach that prioritizes the victim's emotional and psychological well-being through empathy and support.
Detectives should be trained in trauma-informed approaches that utilize interviewing techniques that help minimize re-traumatization while still gathering accurate information crucial for the investigation.
Interview Strategies for Detectives
Prior to interviewing victims, detectives should build rapport, demonstrate empathy, and validate the victim’s credibility. Detectives should provide trauma-informed care to the victim and present that victim with the opportunity to make small choices, giving that person some semblance of control.
For example, an interviewer can ask victims if they want someone present with them during the interview and allow them to select the interview location. The location should be private and free from distractions.
To begin the interview, investigators ask the victim an open-ended question like, “Tell me what happened today.” The key is to allow the victim to tell the entire story without interruptions.
To add detail or clarify discrepancies, the detective may ask the victim more specific questions once the story is complete. Investigators must ensure the victim provides this essential information during the interview:
The victim’s behavior prior to the sexual assault
o Where did the victim and suspect first come into contact?
o Was alcohol a factor?
o Was the rape facilitated by drugs?
o Was the victim alone or with friends who could be potential witnesses?
The victim’s behavior during the crime
o Was there shoving, kicking, or scratching aimed at the offender?
o What did the victim say to the offender during the sexual assault, such as “No!” “Stop!” or “I don’t want to do this!”?
What is the victim’s relationship with the suspect? Is the offender a stranger or a person known to the victim?
What were the suspect’s actions prior to, during, and after the assault?
What is the chronology of the specific sex acts that were performed?
What force was used or threatened by the offender?
This information is necessary to understand the specific circumstances of each case, particularly in addressing the issue of victims' consent in non-stranger rapes. They can also assist in identifying potential witnesses and gathering additional resources and evidence, such as video surveillance from businesses or public areas, smartphone videos or photographs, and so on.
Specific details about a sexual assault incident help investigators determine the suspect’s motive and method of operation, which can lead to identifying the suspect or linking similar crimes to the suspect.
At the conclusion of the interview, detectives generally ask the victim if there is any other information or details to add. Detectives will also explain police procedures and the criminal justice process, so that the victim is aware of what will happen in the future and can mentally prepare for what is to come.
Interviewing traumatized victims of assault is never easy, but a successful interview conducted with understanding and compassion causes no further harm to the victim. Ideally, interviewing victims should result in the obtaining of invaluable information that assists in the identification and apprehension of the suspect.
Criminal Justice Degrees at American Military University
For aspiring investigators who want to learn more about trauma-informed victim interviewing and other criminal justice topics, American Military University (AMU) offers four degrees in criminal justice:
- An online associate of arts degree in criminal justice
- An online bachelor of science degree in criminal justice
- An online bachelor of arts degree in criminal justice
- An online master’s degree in criminal justice
The courses in these academic programs cover various topics such as evidence and procedures, criminal investigation, digital forensics, criminology, and criminalistics. Courses are taught by experienced subject matter experts who can provide deep insight into the course material. For more information about these degrees, visit our program page.
Dr. Nicole Cain has 20+ years of law enforcement experience as patrol operations, uniform crime scene, COP, and criminal investigations. She is currently assigned to the Criminal Investigations Section’s Felony Intake Office and prepares all felony cases for the State Attorney’s Office. She recently earned her Ed.D. in Organizational Leadership.
