Sex-Crime Related Investigations - Literature review Example

Sex-crime Related Investigations Introduction Though sex crime is as old as humanity itself, it is only recently, that it has developed as an independent disciple in criminal jurisprudence. The studies conducted into practices and principles of sex-crime investigations are also too less and far between. The law enforcing agencies in face of lack of directional guidelines improvise practices on the occurrence of sex crime incident. Sex Crime and Sex Crime Investigators Sex crime can be broadly categorized into twelve categories of adult sex murder, child sex murder, offences against children and young persons, incest offences, indecency offences, consensual homosexual offences, offences against the mentally impaired, prostitution, pornography offences, rape, sexual assault and sexual harassment (Greer, 2003). However, rape, sexual assault and harassment, against women and children, are the most prevalent kind of sex crimes. Sex crime investigator is an investigator who has been taught to be sensitive to the physical, psychological and emotional needs of sexual assault victims, and has been trained in what is required for the sexual investigation of sexual assaults (Becker, 2008, p. 312). Sex crime investigators need intense training supported by sex crime control personnel with an analysis of actual crime situations (Carney, 2004).Sexual offenders are different from other routine criminals as the motive of crime, most often, lies in psycho- sexual state of mind of the offender. Sex crime cases are difficult to investigate (Flora, Sex-crime Related Investigations 2. 2001, p14). They often require special techniques that are unique and different in approach as compared to other types of criminal investigation (Flora, 2001, 14). The abilities required to be a successful sex crimes investigator are not gender specific and can and must be learned (Becker, 2008, p. 10). Sex crime, different from other kinds of offences, is tackled with a range of legislation that aim to immunise the society from sex criminals and get rid of the malaise (Thomas, 2005). On the other hand, there is also a cross national variation in the laws of criminal justice pertaining to sex crime (Ward, 1995). In the US, criminal investigation and analysis into sex crime was first started by Federal Bureau of Investigation, on an informal basis in 1972. In 1978, the process was formalized and the National Center for Analysis of Violent Crime (NCAVC) replaced the Behavioural Science Unit in FBI Academy in 1984 (Burgess and Hazelwood 1995 cited in Flora, 2001). Development of Sex Crime Investigation as a Discipline The contemporary and typical nature of sex crime investigation has developed over a time-period spurred by feminine movements (Thomas, 2005), aimed at ending victimisation and exploitation of women in a male-dominated society. Gradually, the studies of criminology, too, came to be affected by the female point of view, as more and more women joined the academia to research this sensitive matter. It was felt by the female protagonists that male-dominated policing and administration was less sympathetic to the women victims. Sex-crime Related Investigations 3. The criminal justice probe methodologies into sex crime can be considered to be in infancy, although the subject area is full of challenges and complexities. Sexual offenders can belong to any class or kind. Since not much work has been done in theoretical analysis of this highly emotive issue, the investigation is often guided by myth and marred by abject lack of rules and procedures and absence of experts (Carney, 2004 ). Speedy investigation is made all the more necessary, as any delay in the extremely sensitive nature of cases, can result in loss of confidence of the victims, and the public, in the criminal justice agencies (Greer, 2003). The sex crime calls also for an early investigation to prevent the loss of evidence and avoid the further humiliation of the victim. It is important to win the confidence of the victim allowing them total freedom of speech to recall and re-tell the episode. Psychological and Emotional Trauma Sex crime inflicts severe psychological and emotional trauma on the victims, besides causing them intense physical pain. Needless to say, sex crime involves typical investigation process to nail down the criminal, for prosecution and eventual sentencing. As such the sex crime investigator should be adept at handling the physical, psychological, and emotional issue concerning the sexual assault (Becker, 2008), in addition to carrying out investigation into other aspects of sex crime. The handling of sex crime is rendered all the more sensitive as it is used as a weapon to inflict humiliation pain or death. Very often, anger and hate against society, or a group, gets expressed as sex crime (Palmiotto, 2004, p183). Sex crime investigator should be able to piece together information available at the site of the crime, and elicit as much from the victim, Sex-crime Related Investigations 4. as is possible, to make out the ulterior objective of the crime, and provide relief and succour to the victim as well. Sheer humiliation at having undergone sexual assault may make the victim seem hostile, uncooperative and fearful (Flora, 2001). Traumatised victim may be unable to speak and present their version of the crime. Preliminary Investigation Investigating rape and sex crime is different from other routine investigations (Carney, 2004). Investigating sex-crime requires a two-pronged interactive approach towards the victim and the suspect. Though the onset of investigation into sex crime entails interviewing the victim only, but subsequently investigation requires interview of the suspected offender also. It is important for the investigator to remain disinterested and emotionally detached. But in face of lack of training, the investigators find themselves ill-equipped to handle the situation when the need arises. Average investigators realise that it is a different kind of investigation requiring different set of faculties than ordinary crime. Thus, only those agencies, that maintain a dedicated team to investigate sex crime, register good success rates. Agencies that have specialized sexual assault investigation teams seem to fare better in investigation and in gaining trust and cooperation of the victim to assure a knowledgeable, believable and successful trial witness. (Becker, 2008, p 310). The investigation process is adversely affected by the emotive nature of the crime (Carney, 2004). The investigation process is affected by deep emotions that run in the investigator, creating discomfiture between them and the victim, thus hampering Sex-crime Related Investigations 5. communication. Sex crime investigators have to perform the balancing act between the needs of the investigation and the needs of the victim (Carney, 2004). There can be inconsistencies in the victim’s version that necessitate further examination and analysis (Carney, 2004). Emotion and Fantasy Based Sex Crime Investigation Approach Burgess and Hazelwood (1995) cited in Flora (2001) suggest that the interview should be carried out in a congenial, sympathetic comfortable and secure environment. Flora (2001) distinguishes two methods through which investigation can be carried out on the sex offender: emotion based and fantasy based. Emotion based investigative process is carried out in the case of incestuous sexual assault or of victim and the offender sharing a relationship before the occurrence of crime. The offender or the suspected offender is reminded of the relationship with the victim and told how cooperation of the former can help lessen the trauma of the latter (Flora, 2001, p18). A fantasy based investigation is conducted for habitual and predatory offenders. Such offenders often conduct fantasy based mental exercises before executing the crime. The fantasies, and masturbatory behaviour, when discussed in detail can give important leads into how actually the crime may have been committed. Comprehensive strategies developed from past experiences when integrated with the own approaches of the sex crime investigators can help them face a situation better. In carrying out their work, the criminal justice apparatus may need to work with active cooperation of the mental healthcare workers. Sex -crime Related Investigations 6. Protocol for Sex Crime Investigation Flora (2001) develops a special protocol as part of the sexual assault investigation; the Initial Investigation, The Crime Scene, Victim Interview, Interviewing sex offenders, Evidence Recovery, and Profiling Sex offenders. According to Bennet and Hess (1998) cited in Flora (2001), the initial investigation is the most important stage of investigating a sexual crime as preliminary findings and decisions taken impact the outcome of the case. According to Bennet and Hess (1998) cited in Flora(2001), the most important part of the interview, in the preliminary stage , consists of recording of arrival time, determining the whereabouts of the victim, assessing the physical condition of the victim, and attempt to identify the offender (Flora, 2001).The crime scene should be secured and protected and thoroughly scanned for evidence collection and preservation, in the second step. The third step, of victim interview is, of the most sensitive nature. Immediately, the interview should be limited to gathering personal details only (Flora, 2001). The victim should not be asked to repeat the episode that has been narrated once. Since sexual assault is a humiliating experience; its retelling can be an emotionally painful experience (Flora, 2001, p15). Due to sensitivity of the matter, victim interview should be a private affair, carried out in supportive style with sympathy and understanding. For details, it can be carried out in more than one session. It is important that both male and female staff be present at the time of interview. The victim should not be interrupted during the narration. The details about the behaviour of the suspect Sex-crime Related Investigations 7. gathered from the victim helps to gain information of, and prepare a profile of the offender. The relationship between the victim and the offender, if any, should be ascertained. The victim should be photographed for recording the physical condition and bruises, cuts, lacerations and torn clothing. Flora (2005) suggests that the suspect should be the last person to be interviewed because by that time, most of the information about the offender and the crime would have been collected. . The suspect should be approached in a non-confrontational manner. The investigator can begin by asking personal questions about the family of the suspect. (Flora, 2001). This can help, the investigator, in striking an instantaneous rapport with the suspect. Investigator need to develop rapport with the suspect and approached in a non-confrontational manner. To strike a rapport the interview can begin by asking the victim personal questions about the family ( Flora, 2001, p 18). Interviewing the suspected offenders also requires special skills. Finally, the evidence recovery process is carried out with the help of medical and forensic staff. The offender is profiled on basis of information collected in the above mentioned stages. According to Burgess and Hazelwood (1998) cited in Flora (2001), the offender is profiled on the basis of personality characteristics, race, age, arrest history, marital status, residence, education, military history, employment, transportation, appearance and grooming. Conclusion There is a glaring lack of studies that have been conducted in the sex crime investigation. As a result only limited literature is available on the issue. In practice, there has been a discernible success wherever agencies are supported by specialist sex crime related investigating teams. Empirical data can be collected from the successful investigation of sex crimes to formulate guidelines and practices that help as beacons of light for future sex crime investigations. References Becker, R, F., (2008) Criminal investigation, 3rd Edition, Jones and Bartlett Publishers. Ward, C, A., (1995) Attitudes towards rape: feminist and social psychological perspectives, Sage Publishers. Palmiotto, M, J., (2004) Criminal investigation, University Press of America. Thomas, T., (2005) Sex crime: sex offending and society, 2nd Edition, Willan Publishing. Flora, R, (2001) How to work with sex offenders, The Haworth Press US. Greer, C., (2003) Sex crime and media: sex offending and the press in a divided society, Willan Publishing. Carney, T, P., (2004) Practical investigation of sex crimes. CRC Press US. Read More