Sexual Assault the Criminal Justice

Sexual Assault

The criminal justice and legal procedures for investigating a sexual assault will vary from jurisdiction to jurisdiction, but there are some key common elements to all cases. The first and most obvious step is the initial interviews with the victim. First responders must determine whether or not the victim requires emergency medical care, as in the case of a violent sexual assault. Multiple types of responses and responders may be necessary at this juncture (IACP National Law Enforcement Policy Center, 2005). Moreover, the first responders and law enforcement need to determine whether or not the victim is in need of supervision and whether the attacker is known to him or her. If the attacker is known, then it may be necessary to protect the victim who may have continued contact with the suspect.

After a formal complaint has been filed with law enforcement regarding an alleged sexual assault, a law enforcement detective will work with the victim to develop an official statement. The statement is created under oath, and may be used as evidence in a court of law (Government of New South Wales: Justice and Attorney General, 2012). When gathering evidence for the statement, the detective will need to keep several core issues in mind. These issues will relate to prevailing definitions of felony sexual assault, the different types of sexual offences that may have taken place, and what types of questions or concerns might be raised in courts or by attorneys. As the IACP National Law Enforcement Policy Center (2005) states, "Investigators must remain flexible because defenses are not entirely predictable and may change -- even during the course of a single investigation," (p. 3). Issues related to defense will need to be intelligently considered when interviewing the victim, as denial, identity, and the defense of consent may surely be raised. General guidelines of criminal investigation apply, such as inquiring about potential witnesses or circumstantial evidence that could be helpful if a criminal prosecution evolves. Writing the report requires knowledge of judicious report-writing skills in general, such as the use of helpful details related to the victim's physical and emotional condition.

At this stage in the investigation, no formal charges have been brought yet. Follow -- up investigations and interviews will usually take place. Evidence must be gathered. Photographs of the victim, and if possible, the crime scene, can prove helpful when trying the case. Articles of clothing will need to be acquired, as they might include some DNA evidence that could be used successfully in a court of law. Similarly, bedding, and any possible physical evidence that might include bodily fluids must be taken in as evidence.

A forensic medical examination may be required of the victim. Although potentially traumatic, the medical examination could be crucial in the prosecution. The IACP's "Training Key 572" (2004) suggests, "The forensic examiner should document the victim's medical history and history of the assault, document all injuries that are observed, and collect biological and trace evidence from the victim's body," (p. 2). At all times, the medical examiner needs to respect the victim, and taken into account victim rights by appointing a victim advocate when necessary. The forensic medical examiners could be providing the prosecution with key evidence, a fact that should be communicated to the victim to alleviate distress (IACP, 2004). A victim advocate will also notify the victim of his or her rights in the case, advising the victim as to how to use legal counsel. The medical examination will often include drug testing, because the perpetrator might have illegally administered a drug to the victim and because alcohol or drugs might have been involved to facilitate the assault.

Law enforcement remains in continual contact with the victim during these early stages of the investigation, because it is up to the victim to determine whether or not to press charges (IACP National Law Enforcement Policy Center, 2005). Because many victims delay reporting sexual assaults, the medical examination may not be advisable. Even so, an investigation can still take place without the gathering of forensic data. Reasons for the victim delaying the report of the crime include "the victim's feelings of shame, embarrassment, shock, denial, self-blame, uncertainty regarding whether the event constitutes a sexual assault," (IACP National Law Enforcement Policy Center, 2005).