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Probation Officers Play a Critical Role in Recognizing Domestic Violence
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Probation Officers Play a Critical Role in Recognizing Domestic Violence
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Probation Officers Play a Critical Role in Recognizing Domestic Violence
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HOME CAREER INTERVIEW STRATEGIES FOR SEXUAL ASSAULT AND RAPE INVESTIGATIONS

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April 20, 2015 1
 Interview Strategies for Sexual Assault
and Rape Investigations

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* This article is part of In Public Safetys series recognizing Sexual Assault Awareness month.*
By Nicole Cain, Faculty Member, Criminal Justice at American Military University
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.
One study identified several reasons why rape victims do not file police reports, which included
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 assuaging 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. Additionally,
the statutes also protect people who are mentally deficient and incapable of consent or
intoxicated to a degree where they are incapable of giving consent. Consent is an issue with sex
crimes because minor children cannot consent, mentally handicapped persons cannot consent,
and intoxicated persons cannot consent.
In instances of non-stranger assaults, the suspect may claim that the sex was consensual, so the
investigator must prove that it was not. It is important to address the issue of consent early in an
investigation because the defense will claim that the victim and the suspect engaged in
consensual sex.
Role of the First Responding Officer
The first responding officer generally conducts an initial interview with the victim in order 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.
The victims 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 document 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, hairs, vaginal fluid, blood, and trace evidence. The
examiner will also collect a urine sample which will be analyzed to determine if any date rape
drugs were ingested by the victim.
[Related article: Overview of Sexual Assault Crime Scene Processing]
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.
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. The
interview is a vital part of the investigation and must be managed with care. It is necessary that
the investigator creates a desirable atmosphere in order to ensure a successful interview.
[Related article: Tips for Investigating Cases of Child Sex Abuse]
Some victims of sexual assault and rape are traumatized and feel as though they have lost control
over their lives. In order to conduct a successful interview with a rape victim, detectives must
step out of their traditional role of simply obtaining the facts from a victim.
Interview Strategies for Detectives
Prior to the interview, the detectives build a rapport with the victim, demonstrate empathy, and
validate her credibility. Detectives provide the victim with the opportunity to make small
choices, thus giving some semblance of control. For example, the detective asks the victim if she
wants someone present with her during the interview and allows her 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 allowing the victim to tell the entire story without interruptions. In
order to add detail or clarify discrepancies, the detective may ask the victim more specific
questions once she has completed her narrative.
Investigators must ensure the victim provides these essential elements during the interview:

The victims behavior prior to the 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 victims behavior during the crime

 o Was there shoving, kicking, or scratching aimed at the offender?

o What did the victim say to the offender such as no, stop, or I dont want to do

this?

What is the victims relationship with the suspect? Is the offender a stranger or a known

person to the victim?

What were the suspects 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?

These elements are necessary in addressing the issue of consent in non-stranger rapes. They can
also assist in identifying potential witnesses and gathering additional evidence such as video
surveillance from businesses or public areas, smartphone videos or photographs, etc. Specific
details about the incident help investigators determine the suspects motive and method of
operation which can lead to identifying the suspect or linking similar crimes.
At the conclusion of the interview, detectives generally ask the victim if there is any other
information she wants to add or any other detail she remembers. Detectives also explain police
procedure and the criminal justice process, so that the victim can mentally prepare for what is to
come.
A successful interview is one that causes no further harm to the victim and results in obtaining
invaluable information that assists in the identification and apprehension of the suspect.
About the Author: Nicole Cain has more than 14 years of law enforcement experience serving in
a variety of capacities including patrol operations, uniform crime scene, community-oriented
policing (COP), and criminal investigations. She is currently assigned to investigate violent
crimes that include: homicides, sexual batteries, robberies, aggravated batteries, and
aggravated assaults. During her career in law enforcement, she has authored police reports,
arrest affidavits, and search warrants, observed autopsies, testified in court, processed crime
scenes, interviewed witnesses and conducted interrogations. Nicole is currently full-time faculty
member at American Military University and American Public Universityteaching courses in
criminology and forensics.
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TAGS: APPREHENSION OF THE SUSPECT CONSENT CRIME SCENE DETECTIVE EVIDECE AT A CRIME
SCENE FIRST RESPONDING OFF ICER INTERVIEW STRATEGIES INTERVIEW STRATEGIES FOR
DETECTIVES INVESTIGATING A SEXU AL ASSAULT INVESTIGATIVE
TECHNIQUES INVESTIGATOR ISSUES OF CONSENT LAW
ENFORCEMENT ORIGINAL POLICE P RESERVATION OF EVID ENCE PRESERVING
 EVIDENCE QUESTIONS TO ASK A R APE VICTIM QUESTIONS TO ASK A SEXUAL ASSAULT
VICTIM RAPE RAP E VICTIM SAAM SEXUAL ASSAULT SEXUAL ASSAULT AWARENESS
MONTH SEXUAL ASSAULT CRIME SCENE PROCESSING SEXUAL ASSAULT INVESTIGATIONS TIPS
FOR INVESTIGATING A RAPE TIPS FOR INVESTIGATI NG A SEXUAL ASSAULT

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