How Rape and Date Rape Should Be Investigated - Term Paper Example

Rape Investigation As long as man has walked the earth, he has committed acts of crime. Starting from the sons of Adam, man has seemingly been eternally wooed and tempted by the prospect of illegal gain and profit at the cost of another. Man’s history is full of such misguided and selfish endeavors. Few; however, have attracted the outcry and wrath of the masses and severe punishment than the crime of rape. In almost all societies in the civilized world, regardless of religion or political affiliation, rape is considered to be amongst the crimes deemed most inhuman and subject to the severest penalties under the law. The history of rape is not very different from the present. Even in ancient times, the crime of rape it was punished by castration, a punishment retained Virginia and Missouri up until the 20th century, when a colored committed the act against a white woman, but not vice versa (Taylor, p. 517, 1861). Authorities group rape, along with incest and adultery, under the heading of “Natural Sexual Offences”, which are acts of illegal sexual intercourse with a second person with the use of the sex organs in a natural manner (Parikh, 2005). Rape is generally defined as unlawful sexual intercourse by a man with any woman against her will, without her consent, or with her consent when it has been obtained by unlawful means eg, fraud, fear, drugging or impersonation (Parikh, 2005). The exact definition of rape varies amongst the Penal Codes of different states and countries. The matter of age, social awareness and laws related to alcohol and drug consumption all come into play when a country’s law decides to define rape. But regardless of the definition, rape is not just a crime of a physical nature. The emotional and psychological damage it causes to the victim is beyond comprehension. A victim of rape falls into the category of a high triage priority, and this is especially paramount when children are involved (Wecht, 1990). Though technically no age is safe from rape, the criminals usually target the weakest and most vulnerable targets, such as young girls and women. While defining rape, the term ‘sexual intercourse’ refers to even the “slightest degree of penetration of the vulva by the penis with or without the emission of semen and rupture of hymen; this definition gains paramount importance during the investigation as it is quite possible to commit legally the crime of rape without producing any injury to the genitals or leaving any semen stains” (Parikh, pp. 23-39, 2005). However, under the law it is essential that the woman should resist to her utmost. Every means such as shouting, crying, biting, beating, etc, should be tried, until she is overcome by unconsciousness, brute force or fear of death (Parikh, 2005). A related incident was reported by the Sunday Times Of India in a somewhat questioning manner: “An incident occurred in Rome in the October of 1998, when a newly crowned Miss World, Israel’s Linor Abargil, was sexually assaulted while she was in Italy for a fashion show. According to her, the Egyptian travel agent who was issuing her the ticket, offered to drive her to Rome instead. Shortly after starting out, he tied her up and sexually assaulted her. He then apologized and drove back to Milan. He was arrested and charged with rape. Good, but why didn’t she get off the car?” (Gnosticliberationfront, 2010). The logical explanation would be that there was a danger of serious bodily injury or loss of life. With a complicated definition, horrendous nature and various repurcussions, it is a difficult task to investigate rape. The ethical complications that arise in such a case can be very troublesome for a proper and complete investigation. Often the most important witness of the crime, the victim herself is not in the condition to provide any evidence due to physical injuries or emotional and psychological trauma. Keeping this in mind, legislative bodies around the world take extra steps and precautions to make this experience as less traumatizing as possible. Provision of Sexual Assault Nurse Examiners (S.A.N.E) and Sexual Assault Response Teams (S.A.R.T.) is necessary in most countries around the world. Also, the victim often records her statement in the presence of a close family member or legal counsel or a female nurse, especially if she is underage. In most cases, her name is kept secret from the media and public hearings. The investigation starts with recording of the victim’s preliminary data such as her name, age, address, occupation, date and time of incident, consent to examination, and the name of the female nurse present at the time of examination (Saferstein, 1998). Then the examiner records her statement word to word, taking great care to record every bit of detail that can be ellicited from her. The statements of those who accompany her are also recorded, and checked for congruity. After the examiner has taken the consent, he commences the physical examination in the presence of a female nurse. He looks for signs of struggle, first on the clothes if they are the same ones worn at the time of incidence. Tearing, blood and mud stains especially on the back, and semen stains expecially of the front are carefully searched for. As the victim often scratches the assailant, her nails are checked for damage, and the debris under the nail is be collected. The Locard’s Principle of Exchange, which states that when two objects come into contact with each other there is always some transfer of material from one to another (Thornton, p29, 1997) is very useful for drawing inferences from such examinations. Foreign hairs, cloth fibres, buttons, etc, can be found and are collected. Then the examiner asks the patient to willfuly undress herself so that her body can be examined for evidence. Injuries around the throat, face, wrists, arms, back, inner sides of the knees and thighs, and breasts carry the most significance, are are duly noted and recorded appropriately. A repeat examination can be carried out forty-eight hours later when deep bruises are more clearly visible. Then the examiner observes the victim’s genitals for signs of violence and injury such as tears, blood stains, inflammation, wounds, clots, ruptured hymen, lacerations etc (Safersteom. 1998). The findings of rape on a child, a virgin, a married woman, and a woman who has given birth vary greatly at this stage of the examination, and should be carefully noted in context. Next, chemical samples or “swabs” are taken from inside and around the genitalia for sperm, smegma, bacteria (especially for Sexually Transmitted Diseases), chemicals such as acid phosphatase and semen specific protein (P30). Swabs are also taken from the mouth and anus of the victim. These swabs are then sent for microscopic and chemical examinations, as they might not only prove the occurance of of the crime, but also reveal the identity of the assailant. In some jurisdictions, Sexual Assault Kits are provided by the law enforcement agency, which contain packaging material and instructions for collection and preservation of evidence that conform to the standards laid down by the crime laboratory (Parikh, p5.41, 2005). The follow-up is aimed at evaluating the victim’s recovery from the traumatic event, and both her physical and mental conditions are observed and recorded, and intervention and help of any and all kinds are offered. In the event that the accused is caught or present, he too is examined in a somewhat similar way. His preliminary data and statement is recorded down to the very last detail, and his mental capacity is also evaluated. The examiner performs the accused person’s examination in a similar pattern, checking the clothes and body for signs of struggle, injuries, stains etc. His blood and DNA samples, along with swabs from his genitalia are also taken to see their congruity with the samples found on the victim. The term ‘Date Rape” or “Acquaintance Rape” can be defined as “being subjected to unwanted sexual intercourse, oral sex, anal sex, or other sexual contact through the use of force or threat of force” (Bean, p. 167, 2007). Unsuccessful attempts are also placed within the term "rape” (Curtis, 1997). The term “date rape” is a misnomer as it suggests that the rape always occurs while the victim is on a date usually with someone she knows well, while in reality it can occur outside these circumstances as well when she is with someone she hardly knows. Such incidents often occur when the victim is under the mind-altering effects of alcohol or some other chemical agents. The Drug Enforcement Administration (DEA) of the United States published a report in September 2001, enumerating the most frequently used “date-rape drugs” and their effects. The report named “MDMA (ecstasy), Ketamine, Gamma Hydroxy-Butyrate (GHB, liquid ecstasy), Gamma Butyrolactone (GBL), Rohypnol (Roofies), LSD (acid), Methamphetamines (Speed, ice), PCP (angel dust), Nexus, Psilocybin Mushrooms (Shrooms) and hallucinogenics as the most commonly used drugs leading to date rape” (DEA, 2001). The examiner carries out the investigation into a case of date rape in a similar way as in the case of rape, but with a few additions. Since the fact that drugs are often used to coerce or force sexual activity, the blood and urine samples of both the victim and the accused are of vital importance, as they may contain metabolites of these drugs, especially methamphetamines. In addition, if such drugs are ingested or inhaled in powder forms, there might be residues on the clothes and bodies of these victims. Another important point during investigation is to note whether it was only the victim, or both the victim and the accused who were under the influence of these drugs. In some cases, even the possession of such drugs has a penalty under law. Incidents of rape have always found their way into the news around the world, and many cases become famous because of either the parties involved or the way the media portrays them. The New York Central Park Jogger case of April 1989 (Saulny, 2002), saw 5 young men of Black and Hispanic descent sentenced to prison for the rape of a young white female, without any evidence against them. Years later, the DNA evidence led to the conviction of the real assailant and the exoneration of the young men (Saulny, 2002). In February of 1992, a jury in Indianapolis, USA found the famous boxer Mike Tyson guilty of raping an 18yr old beauty pageant contestant. (Muscatine, 1992). Conclusively, rape is a crime that is as old as history, and as widespread as the human race itself. What compels one to commit such a heinous crime is not clear, but the penalty under law and the consequences thereafter are designed to discourage and eliminate it from the fabric of society. It is therfore the responsibility of the investigators to perform their duties diligently and efficiently, for the law to actually function. Rape is not a medical diagnosis, but a legal definition. It is therefore apt to conclude that “Rape is an allegation, easily made, hard to prove, harder to disprove” (Parikh, pp. 5-42, 2005). References Bean, Kellie. (2007). Post-backlash Femnism. McFarland Press. Curtis, D. G. (1997). Perspectives on Acquaintance Rape. The American Academy of Experts in Traumatic Stress, Inc. DEA. (2001) : Drug Intelligence Brief: Club Drugs; an Update. Drug Enforcement Administration. Gnosticliberationfront. (2010). When Victims Rule. Retrieved on October 30, 2010: http://www.gnosticliberationfront.com/when_victims_rule7.htm Muscatine, A. (1992). Tyson Found Guilty of Rape, Two Other Charges. The Washington Post. Parikh, C. (2005). Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology. New Delhi: CBS Publishers and Distributors. Saferstein, R. (1998). Criminalistics: An Introduction to Forensic Science, 6th Ed. Upper Saddle River: Prentice Hall. Saulny, S. (2002). Convictions and Charges Voided In '89 Central Park Jogger Attack. The New York Times. Taylor, A. S. (1861). Medical Jurisprudence. Blanchard & Lea. Thornton, J. I. (1997). “The General Assumptions and Rationale of Forensic Identification in Faignman.” Modern Scientific Evidence: The Law and Science of Expert Testimony. Volume 2, St. Paul, MN: West. Wecht, C. H. (1990). Legal Medicine. LEXIS Publishing. Read More