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Middlebury College Sexual & Gender Violence Investigator Training
 

Middlebury College Sexual & Gender Violence Investigator Training

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Slide deck from the Middlebury College Gender & Sexual Violence Investigators Training Program

Slide deck from the Middlebury College Gender & Sexual Violence Investigators Training Program

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  • David Lisak, Stephanie McWhorter
  • Pay attention to the details of what Patrick did…
  • Jurisdictional challengesMultiple police agencies/investigatorsCase coordination and deconfliction
  • Recognize the technologyWhere are the photos and videos? Viral on the internet?Managing the parentsManaging the fear of other female students
  • David Lisak, Stephanie McWhorter
  • Serial Rapist Jeffrey Marsalis
  • Dissociation – Tonic immobility
  • University of the Pacific – Beckett Brennan, full bball scholarship. May 2008 went to party at student housing complex “Townhouses”. Drank six shots and went to off campus party. Accepted ride from 3 mensbball players back to on campus “Townhouses”, trusted mensbball team members. Went to one of their rooms thinking the party was continuing in the room. Raped by all three players. Found guilty by judicial review board for violating policy against sex assault. One expelled, one suspended for one year, one suspended for a semester. Expelled student was offered a full bball scholarship at another D1 school within 3 months.
  • Providing an escort to ensure that the complainant can move safely between class and activities.Ensuring the complainant and alleged perpetrator do not attend the same classes.Moving the complainant or alleged perpetrator to a different residence hall.Providing Counseling ServicesProviding Medical ServicesProviding academic support services, such as tutoringArranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant’s academic recordReviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined
  • Indiana University, 2006, Suspect Dwayne Fry charged with rape. Two months prior he was charged with felony assault on a male student. Facebook included “sexual activity calorie guide.” Campus Judicial Board found him guilty of sexual misconduct, ordered counseling and a summer suspension when he wasn’t going to be in summer school anyway. Victim complained and University toughened suspension to one year…
  • ACCURACY OF COMMUNICATION:What is the reaction our officers have about the first statement? “BS, don’t compare me to offender”Leaders have to think more broadly about this statement; Offenders work hard everyday to manipulate & control victims not to report: Fear of hostile treatment or disbelief by police prevents a large percentage of rape victims from reporting, DV victims fear their attackers so much they don’t believe we can protect them, Stalking victims question can do anything to stop their terror, HT victims don’t have the freedom to consider reporting – What are we doing to change that… Trust can be won with action and words… Communication moduleCreate analogy example in classroom – Talk with someone about NASCAR
  • Cleveland Case - Anthony Sowell

Middlebury College Sexual & Gender Violence Investigator Training Middlebury College Sexual & Gender Violence Investigator Training Presentation Transcript

  • Middlebury CollegeGender & Sexual Violence Investigation Program
  • AGENDA • Introductions • Goals & Objectives • Curriculum Overview & Digital Guide • Sexual & Gender Violence on Campus© Margolis Healy & Associates, LLC
  • Faculty Dr. Gary J. Thomas R. Margolis Tremblay© Margolis Healy & Associates, LLC
  • Curriculum Overview • Sexual & Gender Violence on Campus • Sexual Assault / Stalking / Intimate Partner Violence • Victim / Offender Trauma, etc. • Conducting Investigations© Margolis Healy & Associates, LLC
  • Interconnected Nature Sexual Assault Intimate Partner Violence Stalking© Margolis Healy & Associates, LLC
  • What we know • Sexual violence is a wide spread problem • Sexual violence can shatter a survivor’s world • Most offenders are known to survivor • Most assaults do not include physical injury • Most survivors delay reporting© Margolis Healy & Associates, LLC
  • When you hear the term… “Sexual Assault,” what comes to mind? • Any unwanted sexual act committed or attempted against a person’s will (i.e., without consent) • Includes rape, spousal rape, unlawful sexual intercourse, forced sodomy, forced oral copulation, penetration by a foreign object, and sexual battery© Margolis Healy & Associates, LLC
  • Consent Defined • Positive cooperation in act, or an attitude pursuant to an exercise of free will • The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved© Margolis Healy & Associates, LLC
  • Prevalence of Sexual Assault 1 in 36 college women in any 7 month period; 90% of perpetrators are known to the victim Fisher, Cullen & Turner, 2000: The Sexual Victimization of College Women© Margolis Healy & Associates, LLC
  • Complexities of Sexual Violence • 1 in 5 college women will be victim of attempted or actual sexual assault during college (Fisher) • As low as 16% of sexual assaults are reported (Kilpatrick, Dean G., et. al. 2007) • 2009 FBI Crime Report = 88,097 reports of rape • Sexual Assault is the most underreported violent crime in the U.S. (Women, Men, LGBT)© Margolis Healy & Associates, LLC
  • The Campus Sexual Assault Study • 20% of college aged women experienced rape or attempted rape during college (and 6% of men) • About half of the women were incapacitated by drugs or alcohol • Majority of sexual assaults during college happen in the first 4 semesters • Christopher Krebs et al; National Criminal Justice Reference Service, 2007© Margolis Healy & Associates, LLC
  • Sexual Assault In a survey of more than 6000 students at 32 colleges and universities in the U.S., it was found that: • Only 27% of the women considered themselves to be victims of rape, although their assaults met the legal definition of rape • 84% of the rape victims knew their attacker© Margolis Healy & Associates, LLC
  • Sexual Assault • 57% of the rapes happened on dates • 42% told no one of the assault, and only 5% reported to the police Warshaw, Robin. I Never Called it Rape: The Ms. Report on Recognizing and Surviving Date and Acquaintance Rape. New York: Harper Perennial, 1994.© Margolis Healy & Associates, LLC
  • What about the guys? • More than 8% of male college students committed acts that met the legal definition of rape or sexual assault (Warshaw, 1988)(Lisak) • 88% of men whose actions came under the legal definition of rape were adamant that their behavior did not constitute rape. (Warshaw, 1988) • 13% of Naval recruits admitted perpetrating rape or attempted rape prior to or during 1st year of military service. (McWhorter, Stander, Merrill, 2009)© Margolis Healy & Associates, LLC
  • Serial Nature of Offenders “Undetected Rapist” Studies 2000 Lisak, 1882 Men Interviewed (Campus) 2009 McWhorter, 1146 Men Interviewed (Navy) • 6-13% of Men committed rape • 63-71% of Men were serial offenders • 91-95% of all rapes are by serial rapist When a victim reports a sexual assault to you there is a 91-95% likelihood that the perpetrator is a serial offender (Dr. David Lisak)© Margolis Healy & Associates, LLC
  • Sexual Assault • Alcohol and other substances are used intentionally by men who commit rape (alcohol is the “weapon of choice”) • 55% of men who admitted to committing rape and 53% of women who experienced rape were drinking at the time • If both parties are drinking, society often blames the victim and excuses the offender© Margolis Healy & Associates, LLC
  • Barriers to reporting • Confusion; was that rape? • Self blame • Minimization • Fear of not being believed • Fear of the response of others (especially in specialized communities such as LGBTQ) • Fear of offender© Margolis Healy & Associates, LLC
  • STALKING© Margolis Healy & Associates, LLC
  • Peggy Klinke • Pay attention to Patrick Kennedy’s legal actions • Fact patterns© Margolis Healy & Associates, LLC
  • Peggy Klinke© Margolis Healy & Associates, LLC
  • Peggy Klinke What did Patrick Kennedy do that was not illegal? • Waited outside work and gym • Watched her • Called her on cell phone • Dozen roses and wedding ring • 8x11 flier with disparaging comments© Margolis Healy & Associates, LLC
  • Peggy Klinke – Fact Pattern • Peggy and Mark dated for 3 years • Began stalking after breakup • Mark Sparks • “Peggy is a Whore” • Patrick’s house on fire© Margolis Healy & Associates, LLC
  • Peggy Klinke – Fact Pattern • Peggy reported everything to police • Obtained Restraining Order • She moved to CA • Patrick checked guns in Albuquerque • Pays PI to find her© Margolis Healy & Associates, LLC
  • Impact on Victims “It’s going to take getting a bullet put in my head before people understand how serious this is.” Statement by Peggy Klinke made one month before she was killed in January 2003© Margolis Healy & Associates, LLC
  • What is Stalking? (Recap) • Stalking generally refers to repeated harassing or threatening behavior putting another person in fear • Experiencing repeated, obsessive, and frightening behavior that made the victim afraid or concerned for safety • Examples?© Margolis Healy & Associates, LLC
  • Stalking is a... Course of Conduct Crime not Incident Based Crime© Margolis Healy & Associates, LLC
  • Prevalence of Stalking • 6.6 million stalked annually • Stalking victimization at some point in their lifetime: - 1 in 6 women - 1 in 19 men • Individuals under age 25 experience the highest rates of stalking - The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)© Margolis Healy & Associates, LLC
  • Prevalence of Stalking Rates of stalking among college students exceed the prevalence rates found in the general population: • 27% of women and 15% of men - Fremouw et al. (1997) • 25% of women and 11% of men - Bjerregaard (2000) • During one 9-month period, 13.1% of college women surveyed reported being stalked - The Sexual Victimization of College Women (2000)© Margolis Healy & Associates, LLC
  • Reported Stalking Incidents Overall, 83.1% of stalking incidents were NOT reported to police BUT…. 93.4% of victims confided in someone, most often a friend, that they were being stalked [National Sexual Victimization of College Women Survey (2000)]© Margolis Healy & Associates, LLC
  • Stalking • Women more likely to experience stalking victimization • Most stalkers are male • Males equally likely to be stalked by a male or female • The majority of victims know their stalkers© Margolis Healy & Associates, LLC
  • Victim Offender Relationship Current/former 66.2% intimate partner 41.4% 24.0% Aquaintance 40.0% 13.2% Stranger Female 19.0% Male 6.8% Family member 5.3% 2.5% Person of authority 0% 10% 20% 30% 40% 50% 60% 70%© Margolis Healy & Associates, LLC - The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)
  • Stalking Behaviors unwanted phone calls and messages 66% spreading rumors 36% following or spying 34% unwanted letters and email 31% showing up at places 31% waiting for victim 29% leaving unwanted presents 12% 0% 10% 20% 30% 40% 50% 60% 70%© Margolis Healy & Associates, LLC - Stalking Victimization in the United States, BJS (2009)
  • Stalking Behaviors 3/4 of women who experienced stalking- related behaviors experienced other forms of victimization (sexual, physical, or both) • Stalking and physical assault only 8% • Stalking and rape/sexual assault only 26% • Stalking, physical and rape/sexual assault 11% - Stalking acknowledgement and reporting among college women experiencing intrusive behaviors (2007)© Margolis Healy & Associates, LLC
  • Gender of Stalking Victims Gender of Stalking Victims 78% F emale 22% Male© Margolis Healy & Associates, LLC
  • Stalkers • 94% of female victims were stalked by men • 60% of male victims were stalked by men • Overall, 87% of stalkers were men© Margolis Healy & Associates, LLC
  • Stalking on Campus • Stalking incidents lasted an average of 60 days • 30% of victims were stalked only off campus • 66% of victims reported being stalked at least 2 – 6 times per week - National Sexual Victimization of College Women Survey (2000)© Margolis Healy & Associates, LLC
  • Recognition of Stalking • Report of harassing behavior should raise stalking flag for investigator • Check whether incident is isolated or repeated conduct, although a mere report of harassing conduct should be cause to assume the likelihood of prior behavior • If a victim expresses fear of suspect, these fears should be taken seriously and inquiry should be made to determine the origin of the fear© Margolis Healy & Associates, LLC
  • Recognition of Stalking • Review checklist of common harassing behaviors with the complainant • Check for prior police reports and in which jurisdiction(s) • Determine whether family or friends have filed reports related to the suspect or harassing behavior • Engaging in more than one incident of harassing behavior should trigger evaluation as potential stalking case© Margolis Healy & Associates, LLC
  • Case Study John Doe (college age male) is caught touching himself while watching a woman shower in a residence hall. Upon investigation, campus police learn that he has been caught peering in windows, etc., at 4 women at other universities and colleges in 4 other states. What do we know?© Margolis Healy & Associates, LLC
  • Case Study II A female student changes residence hall floors in the same building. She notices that the clock radio in the bathroom on the 5th floor is the same, unique looking clock radio that was in the bathroom on the 2nd floor, where she used to live. Suspicious, she calls campus police… What do we know?© Margolis Healy & Associates, LLC
  • Prevalence– Femicide Study • 76% of femicide cases involved at least one episode of stalking within 12 months prior to the murder • 85% of attempted femicide cases involved at least one episode of stalking within 12 months prior to the attempted murder© Margolis Healy & Associates, LLC
  • Reports to Law Enforcement • 54% of femicide victims reported stalking to police before they were killed by their stalkers • 46% of attempted femicide victims reported stalking to police before the attempted murder© Margolis Healy & Associates, LLC
  • Intimate Partner Violence© Margolis Healy & Associates, LLC
  • Intimate Partner Violence Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, domestic partner, or intimate partner; in many states it includes roommates.© Margolis Healy & Associates, LLC
  • Intimate Partner Violence • DV = Relationship Violence = IPV • Women between 16 – 24 experience highest rate of IPV • 32% of college students are victims of IPV; 25% - 33% of same sex couples • 1/3 of college students report physically assaulting a dating partner in previous 12 months© Margolis Healy & Associates, LLC
  • IPV – The Reality Females ages 16-24 are more vulnerable to intimate partner violence than any other age group– at a rate almost triple the national average. U.S. Department of Justice, Bureau of Justice Statistics, Special Report: Intimate Partner Violence and Age of Victim, 1993-99 (Oct. 2001, rev. 11/28/01). Domestic violence is the leading cause of injury to women outnumbering car accidents, rapes and muggings combined.© Margolis Healy & Associates, LLC
  • SCENARIO - Part One Sam and Skyler are students at your University. They met freshman year and have been dating for the last 14 months. The first few weeks of their relationship were great. Skyler felt that meeting Sam was the best thing that could have happened. They got along well, Sam was always attentive and affectionate, it looked like things were going in a great direction.© Margolis Healy & Associates, LLC
  • Part One About three weeks into the relationship, they agreed to go to a movie together. Sam came by to pick Skyler up. Skyler was running a few minutes late, and upon getting into the car, Sam yelled at Skyler saying, “Where the fuck were you?! We are going to be late to the movie. How stupid can you be?” Skyler was very surprised by the outburst and started to cry. Sam apologized immediately, consoled Skyler and promised to never do that again. Skyler calmed down, forgave Sam and the rest of the night went well. Sam was even more solicitous and kind for the rest of the night© Margolis Healy & Associates, LLC
  • Discussion • What do you think Skyler is thinking at this point? • What do you think Skyler should do? • Do you think Skyler will call you ?© Margolis Healy & Associates, LLC
  • Part two Sam and Skyler continue dating and become even more intimately involved. Sam tells Skyler, “I have never met anyone like you, it is like you are my missing piece”. Skyler too, feels swept up in the relationship, they are almost inseparable. Some time later, they have plans to go out to dinner. Sam went to get Skyler from the dorm, and found Skyler on the phone talking with a friend. Sam began to© Margolis Healy & Associates, LLC
  • Part two become agitated. Skyler ended the phone call and asked Sam what the big hurry was? Sam grabbed Skyler by the arms, squeezed hard, pulled Skyler in close and said, “Who was that? Why don’t you go to dinner with them instead!” Skyler starts to cry and told Sam to let go. Sam pushed Skyler away and left the dorm room. Skyler felt confused and hurt. Later that night Sam came by with a linen table cloth, flowers, fine food, a bottle of wine and© Margolis Healy & Associates, LLC
  • Part Two begged for forgiveness. “I don’t know what came over me. I guess I was a little jealous. You love me, right?” Skyler exclaims that the conversation on the phone was with a friend, and Sam has nothing to be jealous of. Sam starts to set up a table in the dorm room with the food and wine acting contrite.© Margolis Healy & Associates, LLC
  • Discussion • What are the dynamics that you identify in this relationship? • What is Skyler going to do at this point? • Do you think most people who have this happen end the relationship? Why or why not?© Margolis Healy & Associates, LLC
  • Part three Skyler felt confused and ashamed and wore long sleeved shirts for a few days to hide the marks left by Sam. Friends notice Skyler seems withdrawn. Sam arranges for a weekend get away for just the two of them. When they come home, things seem back to normal and Skyler is back to being “Skyler” again. Sam told Skyler about what it was like growing up, and that Sam watched his dad abuse his mom. Sam decided early on to live a different life. Sam’s parents never loved each other like Sam and Skyler love each other! Sam suggests that maybe they should move in together.© Margolis Healy & Associates, LLC
  • Discussion • What dynamics are at play? • What else might be happening for Sam? For Skyler? • How likely are Skyler’s friends to intervene? • How likely are Sam’s friends to intervene? • How do the dynamics change if Sam and Skyler are of the same gender?© Margolis Healy & Associates, LLC
  • At first victims stay because they love their partners and want to believe they will change. As the abuse continues, the effects of the physical, emotional, and psychological abuse make it hard for them to think clearly about their partners and accurately see the whole picture.© Margolis Healy & Associates, LLC
  • Longmont (CO) Police Chief Mike Butler was asked this question by a reporter, “ Is Longmont a safe place to live?”© Margolis Healy & Associates, LLC
  • The answer depends on who you live with, or are involved with…© Margolis Healy & Associates, LLC
  • Intimate Partner Violence • Power, control and authority • Domination • Isolation • Verbal and physical abuse© Margolis Healy & Associates, LLC
  • How often does this happen in the campus community? In Canada and the United States, 20% to 40% of students report one or more assaults in the previous 12 months (Sugarman & Hotaling, 1989)© Margolis Healy & Associates, LLC
  • As one college student describes it… “Chad denies that he is abusive. He tries to change my reality of what‟s happened by saying things like, „That‟s not really the way it happened.‟ He insists that I provoke him and that I‟m just as abusive as he is. If I „just had a better sense of humor, just learned how to deal with his anger, this wouldn‟t happen.‟ He‟s convinced all his friends that I‟m psycho, clingy, manipulative, and abusive.” Cheri Organizing Campuses Against Dating Violence, Best and Nelson NRC, 1999© Margolis Healy & Associates, LLC
  • The rules “There was a list of rules that my boyfriend had in order to keep me isolated. Some of these rules were spoken, but most of them I learned through experiences with him. 1. When I send you flowers or buy you jewelry, display them proudly and tell everyone how wonderful and sweet I am. 2. Don’t cry or display your unhappiness in front of me or others. 3. Don’t go telling your therapist or friends about me. You don’t need their opinions about me. 4. After I’ve been violent in private, if we go somewhere public, walk into the room and act normal.” Cheri© Margolis Healy & Associates, LLC
  • What are the dynamics? Victim Offender • Denial • Denial • Minimization • Minimization • Entitlement • Confusion • Power Over • Investment • Self Esteem Issues • Self Esteem Issues • Isolation • Shame© Margolis Healy & Associates, LLC
  • Q&A© Margolis Healy & Associates, LLC
  • Overcoming theComplexities of Sexual Violence:Victims – Offenders – Realities
  • Terms • Women and men are victims of sexual violence (LGBT) • Historically most sexual violence is committed by men directed at women • Title IX language: • Victim / Survivor = “Complainant” • Suspect / Offender = “Respondent”© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report • Myths and misconceptions of sexual violence • Victim blaming: “It’s all my fault” – “no one will believe me” • Don’t identify act as rape, or being a rape victim • Concerns involving offender; threats, social circles, career… • Family reaction • Fear of being labeled, rumors (technology)© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report • Alcohol / drug use • Student conduct violations • Fear of hostile treatment by Police or University • Lack of confidence in reporting process • Lack of consequences for offender© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report • Fear of hostile treatment/disbelief by police prevents almost 25% of college rape victims from reporting (Fisher) • Unsupportive or hostile response put victims at a higher risk for post-traumatic stress disorder & life long impacts (Kaukinen &DeMaris 2009) • NIJ estimates annual cost of sexual violence exceeds $127 billion© Margolis Healy & Associates, LLC
  • Victim’s Impression//www.msnbc.msn.com/id/21134540/vp/43091112#430911 © Margolis Healy & Associates, LLC 3:30
  • Victim to Survivor • A 2006 study found when victims receive advocate-assisted services: • Victims are more likely to report (More Reporting) • Victims receive more helpful information and services and experience less secondary trauma by medical and legal systems (Better Services) • Victims fare better in both the short- and long-term, experiencing less psychological distress, health problems, self- blame, guilt, and depression (Less Trauma) (Campbell, 2006)© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Delayed reporting, inability to recall details and sequence of events is common as a result of victim trauma – Impacts of trauma can be life long • Victim trauma; there is no “normal” victim response© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report While there is no “normal” victim response, most experience the following concerns and fears: • “I can’t believe this is happening…” • “It’s my fault… “I’m so ashamed…” • “No one will believe me…” • “How can I trust anyone…”© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report While there is no “normal” victim response, most experience the following concerns and fears: • “I thought I was going to die / be killed…” • “I’m afraid and so overwhelmed…” • “What are people going to think…”© Margolis Healy & Associates, LLC
  • Impacts of Victim Trauma • Shock/denial - Irritability/anger • Loss of security - loss of trust in others • Depression - social withdrawal - suicidal ideation • Loss of control, powerlessness, numbing • Impaired memory • Nightmares / flashbacks - difficulty concentrating • Loss of self-esteem - guilt/shame/embarrassment • Substance Abuse • Psychological disorders© Margolis Healy & Associates, LLC
  • Victim’s Impression Victims need reassurance that coming forward and reporting the act of sexual violence is the right thing • The victim will be evaluating the response; coordination, support, compassion, language… • What message are women and men hearing from the Department / University about sexual violence?© Margolis Healy & Associates, LLC
  • © Margolis Healy & Associates, LLC
  • © Margolis Healy & Associates, LLC
  • © Margolis Healy & Associates, LLC
  • Complexities – Offenders “ I only slapped her after she became skittish about having sex. She raised her voice; I tried to calm her down and convince her it was alright, but she raised her voice again. I told her to be quiet and slapped her face.” Defendant‟s jury trial testimony Acquitted of Rape© Margolis Healy & Associates, LLC
  • Complexities – Offenders • 16.3% chance that rapists will end up in prison (NCPA from US DOJ stats) • In a sample of imprisoned sex offenders with fewer than 2 known victims, offenders actually disclosed an average of 110 victims • Separate sample found that sex offenders commit sex crimes for an average of 16 years before being caught (Ahlmeyer, Heil, McKee &English 2000)© Margolis Healy & Associates, LLC
  • Who is the Sex Offender? Any age, race, socioeconomic class, status, religion… “He is such a good guy, he would never do anything like this”© Margolis Healy & Associates, LLC
  • Offenders have taught us… Three sides to everyone’s life… PUBLIC PRIVATE SECRET© Margolis Healy & Associates, LLC
  • Offenders have taught us… Non-deviant The SECRET Side Non-criminal Deviant and/or criminal fantasy but not acted on Deviant and/or criminal behavior© Margolis Healy & Associates, LLC
  • Offenders have taught us… Sexual Violence myths, misconceptions and victim blaming impact the pursuit of justice… (Offenders) Reality: • Offenders are predatory and target vulnerable victims less likely to report, or to be believed… • Identify vulnerability > manipulate > isolate > assault • Dr. Lisak – Research and Video© Margolis Healy & Associates, LLC
  • Research – Dr. David Lisak© Margolis Healy & Associates, LLC
  • Offenders have taught us… Sexual Violence myths, misconceptions and victim blaming impact the pursuit of justice… (Offenders) What do you think of “Frank” ? What did you hear from “Frank” ?© Margolis Healy & Associates, LLC
  • Offenders have taught us… “Scouting for targets… easy prey… naïve ones were the easiest to Identify Vulnerability target…” “Make them feel like it was an Manipulate honor…, get them drinks… girls wouldn’t know what hit them…” “You had to know your moment…, Isolate instinct for it… designated rooms, all prepped” “She said she didn’t want to do it…, tried to push me off…, I pushed her back down…, pissed me off…, kept Attack leaning on her…, maybe she passed out…, I fucked her”© Margolis Healy & Associates, LLC
  • Offenders have taught us… Dr. David Lisak, Prof. University of Mass.• Research instruments: • 81% of all rapists reported – Sexual Experiences Survey using drugs or alcohol to – Abuse-Perpetration Inventory render victims vulnerable• Sample of 1,882 men • Other characteristics of undetected rapists:• 120 (6.4%) reported acts – sexual activity important fitting legal definition of rape component of identity• 76 repeat rapists- averaging – rigid belief in 5 rapes each stereotypical gender roles• 68% of repeat rapists – lack of empathy, anger admitted to other at women, abused as interpersonal violence child© Margolis Healy & Associates, LLC
  • Serial Nature of Offenders “Undetected Rapist” Studies 2000 Lisak, 1882 Men Interviewed (Campus) 2009 McWhorter, 1146 Men Interviewed (Navy) • 6-13% of Men committed rape • 63-71% of Men were serial offenders • 91-95% of all rapes are by serial rapist When a victim reports a sexual assault to you there is a 91-95% likelihood that the perpetrator is a serial offender (Dr. David Lisak)© Margolis Healy & Associates, LLC
  • Rape Culture “No means yes, yes means anal!”© Margolis Healy & Associates, LLC
  • Rape Culture?If you could rape someone, who would it be?© Margolis Healy & Associates, LLC
  • Offenders have taught us… Non-stranger Sexual Offender: “I am going to get lucky tonight! If it is consensual fine, but I’m going to get lucky tonight!”© Margolis Healy & Associates, LLC
  • Offenders have taught us… Sexual Violence myths, misconceptions and victim blaming impact the pursuit of justice… (Offenders) • Offenders use power and control • Offenders use “grooming” and “testing” tactics • Offenders use alcohol and manipulate other factors in attempt to discredit the victim© Margolis Healy & Associates, LLC
  • Alcohol: Weapon & Shield Alcohol is used as a WEAPON against victims to make them vulnerable and to diminish their credibility Alcohol is used as a SHIELD to prevent offenders from being held accountable. We tend to blame victim behavior and excuse offender behavior when they drink© Margolis Healy & Associates, LLC
  • Alcohol as a weapon…© Margolis Healy & Associates, LLC
  • © Margolis Healy & Associates, LLC
  • © Margolis Healy & Associates, LLC
  • Offenders have taught us… • Offenders manipulate victim, witnesses and investigator… • Offenders plan their crimes and response to questioning; crime is not a “misunderstanding” • Want us to believe it is “he said, she said” • Sexual offenders are repeat offenders who often commit co-occurring and interrelated crimes; sexual harassment, stalking, IPV© Margolis Healy & Associates, LLC
  • Sexual Violence; connection to lethality© Margolis Healy & Associates, LLC
  • Experience has taught us… All members of the multi-disciplinary Sexual Response Protocol need advanced training: • Understanding victim trauma, victim’s reluctance to report, realities of sexual violence • Communicating about sexual violence • Understanding offender behavior and predatory practices • Interviewing, investigating, evidence, reports • Understanding consent© Margolis Healy & Associates, LLC
  • Discussion… Based on what Victim / Survivors have taught us, and based on what Offenders have taught us, how can investigators more effectively investigate these crimes?© Margolis Healy & Associates, LLC
  • Discussion… What about Education & Prevention? • University position on gender and sexual violence • Men’s role in prevention • What is consent: difference between consent and submission • Healthy Relationships • Outcry witness training; victim trauma • Bystander intervention; offender behavior© Margolis Healy & Associates, LLC
  • Q&A© Margolis Healy & Associates, LLC
  • Overcoming the Complexities of Sexual Violence:Myths – Misconceptions – Realities
  • Complexities of Sexual Violence Jill Jill’s Dad: “I told you not to go to that party” Jill’s Mom: “No one believed me when it happened to me Sexual violence myths, misconceptions and victim blaming impact the pursuit of justice…© Margolis Healy & Associates, LLC
  • Complexities of Sexual Violence Key barriers to advancing sexual violence prevention: • The persistence of “rape myths” & misconceptions • Victim blaming, Investigations need to focus on offender behavior, not victim behavior • Victims’ reluctance to report, (second victimization) • Lack of community engagement & public discourse • Lack of effective training & education on sexual violence for first responders & communities at large 2010 Roundtable Discussion, U.S. Department of Justice Office on Violence Against Women, White House Council on Women and Girls, and White House Advisor on Violence© Margolis Healy & Associates, LLC Against Women
  • The scary rapist… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… Who is the rapist – sex offender?© Margolis Healy & Associates, LLC
  • Complexities of Sexual Violence Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Use of the inaccurate term: “Date Rape” • Most sexual assaults are committed by someone the victim knows and trusts (80-85%) KNOWS and TRUSTS© Margolis Healy & Associates, LLC
  • Complexities of Sexual Violence Who is society more likely to believe the rapist is? Someone we know? Or the stranger?© Margolis Healy & Associates, LLC
  • Serial Rapist Case Review Stranger Rape, Modus Operandi: • Burglary into home wearing mask and gloves • Threat of weapon, use of weapon, death • Bondage, rape, lasts hours • Photographs victim during bondage and rape • Threatens to release photos on internet • Forces victim to shower and brush teeth • Destroys evidence at scene (cleans surfaces) • “Rape kit” – removes evidence from scene (bedding, clothing, etc…)© Margolis Healy & Associates, LLC
  • Marc Patrick O’Leary • Initially arrested in April 2011 in Colorado for 2 rapes • 28 charges including burglary, robbery, theft, kidn apping, stalking (weeks & months) • Serial rapist, co-occurring & interrelated crimes© Margolis Healy & Associates, LLC
  • O’Leary Investigation • Business Security camera captures suspect truck in area of rape • Search of suspects home uncovers photos of rapes • Victims range in age from 18 - 63 • 100 photos found on camera memory card reveal additional rape victims • One victim identified as an 18 year old 2008 rape victim from Lynnwood, Washington • Victim in Washington reported the rape to Lynnwood Police in 2008© Margolis Healy & Associates, LLC
  • O’Leary Investigation Lynnwood Police charged the victim with making a false report… Victim plead guilty to avoid going to trial….© Margolis Healy & Associates, LLC
  • O’Leary Investigation http://www.komonews.com/news/local/119817009.html?tab=video© Margolis Healy & Associates, LLC
  • O’Leary Investigation • Victim immediately reported rape to police • She was interviewed several times by police • Her “story changed” and “seemed inconsistent” • People who knew victim doubted her • Victim recanted statement • Why recant?© Margolis Healy & Associates, LLC
  • What Can We Learn? "Suffice it to say, certain pieces of information just led investigators to the wrong conclusion,“ Lynnwood Police Commander Steve Rider said, declining to discuss specifics. The Herald, Everett, WA, April 13, 2011 Did “certain pieces of information” lead “investigators to the wrong conclusion;” or did myths and misconceptions about sexual violence?© Margolis Healy & Associates, LLC
  • Victim Blame - False Reports Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) • No higher false reporting rates for sexual assault than any other crime…© Margolis Healy & Associates, LLC
  • False Reporting – Research EVAW: Making A Difference Project – Research • Multi-site study; 8 U.S. communities • 2059 sexual assaults reported to police • Police trained to apply consistent definition / findings of false report 7% False Reports© Margolis Healy & Associates, LLC
  • False Reporting – Research British Home Office Study (2643 Rapes) • Police indicate 8% false report • Researchers criteria for false report: • Clear and credible admission by complainant • Or strong evidential grounds • Researchers determined only 2.5% were false report Kelly, Lovett and Regan 2005© Margolis Healy & Associates, LLC
  • False Reporting – Research Australia: • Researchers Heenan and Murray 2006 • Examined 812 sexual assault cases • Used quantitative and qualitative analysis 2.1 % false report rate© Margolis Healy & Associates, LLC
  • False Reporting – Research Dr. David Lisak et al. 2010 – Research • Extensive Research on a University Campus • Reviewed all sexual assault cases 1998- 2007 5.9% False Reports© Margolis Healy & Associates, LLC
  • False Reporting – Research Research conclusion: Estimates for the percentage of false reports begin to converge around 2-8% Recommended Reading: “False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute Non- Stranger Sexual Assault” By Dr. Kimberly A. Lonsway, SGT Joanne Archambault (Ret), Dr. David Lisak http://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Delayed reporting, inability to recall details and sequence of events is common as a result of victim trauma – Impacts of trauma can be life long • Victim trauma; there is no “normal” victim response© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: What the victim was wearing, or the perception of the victim’s behavior does not equal consent!© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Drug or Alcohol use by the victim doesn’t mean the victim is “asking for it”© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Flirtatious behavior, or other intimate contact doesn’t mean the victim was “asking for it” (boundaries) • Victims can withdraw consent© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Most victims do not physically resist or sustain injury© Margolis Healy & Associates, LLC
  • Victims have taught us… Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… (Victims) Reality: • Victims fear re-victimization by University Judicial Process – Criminal Justice System • Victims blame themselves and fear that no one will believe them • Victims need reassurance that reporting is the right thing to do…© Margolis Healy & Associates, LLC
  • Q&A© Margolis Healy & Associates, LLC
  • Investigations: Non-Stranger SexualAssault and the Consent Defense
  • Investigations Goal: Coordinated, Compassionate, Objective and Thorough© Margolis Healy & Associates, LLC
  • Experience has taught us… A Multi-disciplinary Sexual Assault Response Protocol is critical for the effective investigation of sexual violence: Improved Victim Services & Greater Offender Accountability = Public Safety = Public Trust • Coordinated Policy between Police and area Colleges / University • Training and exercise with the policy with all Multi- disciplinary team members • After action case reviews, policy updates© Margolis Healy & Associates, LLC
  • Sexual Assault Investigation Use what we know about the realities of sexual violence, victim trauma and offender behavior as the foundation of your investigation • Start by believing… • Victim centered services approach • Focus on offender behavior and background • Let the evidence determine the truth© Margolis Healy & Associates, LLC
  • Four Tiered Focus • Victim Centered Services • Understand and document consent • Examine victim interviewing techniques that produce useful evidence • Actively investigate offenders for the other sexual assaults that the majority of them commit© Margolis Healy & Associates, LLC
  • Sexual Acts Contact between the penis and vulva, the penis and anus involving penetration, however slight; contact between a mouth and penis, vulva, or anus; or penetration of the anal or genital opening by a hand, finger or object; Exposing one’s genitals, or unwanted groping or touching of the breasts, genital area or buttocks of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of any person© Margolis Healy & Associates, LLC
  • Sexual Acts / Sexual Assault Sexual Assault: A Sexual Act committed under any of the following conditions: • Without consent • Force, even if there is no injury • Threats / fear, regardless of whether the victim fought back • Person incapable of giving legal consent due to mental illness, developmental or physical disability • A person is intoxicated, drugged, or unconscious • Victim is under the age of consent© Margolis Healy & Associates, LLC
  • Stranger Sexual Assault Most assaults are blitz attacks, or lying in wait. The attacks can occur in the home, or in public, and are usually preceded by a short or long term of stalking© Margolis Healy & Associates, LLC
  • Non-Stranger Sexual Assault Most assaults are preceded by contact between the victim and the offender in a “normal social context” that the offender creates or uses to his advantage (grooming) • Co-worker • Friend of the family • Date • Brief encounter© Margolis Healy & Associates, LLC
  • Sexual Assault Non-Stranger Sexual Assault Stranger Sexual Assault Regardless; the most underreported violent crime in the world and the most personal violent crime that a person can survive; and some don‟t survive© Margolis Healy & Associates, LLC
  • Potential Suspect Defenses • Identity: “It wasn’t me” • Denial of sexual contact: “I didn’t do that” • Consent: “it was totally consensual” • Impeachment: of Victim and/or Investigation • All of the above© Margolis Healy & Associates, LLC
  • Consent Defined • Cooperation in act and attitude pursuant to an exercise of free will with knowledge of the nature of the act • Submission under the influence of fear shall not constitute consent • A previous relationship shall not constitute consent© Margolis Healy & Associates, LLC
  • Consent Defined Consent means that the person AGREES, not that the person fails to resist© Margolis Healy & Associates, LLC
  • Consent Defined When fear is in the room consent is not Anne Munch, Esq. Anne Munch Consulting, Inc.© Margolis Healy & Associates, LLC
  • Consent Defined What did “no” look like? What did fear feel like?© Margolis Healy & Associates, LLC
  • Victim’s Impression Matters Victim’s first impression of your response matters: • What message is the Department, Community, University sending about sexual violence awareness, prevention & accountability? • The victim will be evaluating your response to determine if you are capable of a coordinated, compassionate and professional response • Who will be the first impression of your Multi- Disciplinary Response Team? What level of training / understanding do they have?© Margolis Healy & Associates, LLC
  • First Impressions http://www.cbsnews.com/video/watch/?id=7363066n© Margolis Healy & Associates, LLC
  • Video Discussion • What are your impressions of the challenges in this case • How do we overcome these challenges?© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report • Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice… • Ensure coordinated, compassionate and professional response for victim/survivor • Promote victim / survivor empowerment • Victims need reassurance that reporting is the right thing to do…© Margolis Healy & Associates, LLC
  • Approaching the SA Case • How you approach the victim is CRITICAL to whether you succeed in holding the offender accountable • The recipe for a bad investigation is to form a hypothesis and try to prove it. • The recipe for a good investigation is to take it all in and let the evidence take you to the truth.© Margolis Healy & Associates, LLC
  • Cycle of Mistrust Investigator approaches the case with skepticism – premature evaluation of case Investigator walks away feeling ripped-off – Victim senses doubt, feels reinforces skepticism – defensive – lack of Victim gets no justice cooperation – Recant Investigator feels frustrated, questions veracity of report – “See, I knew it was bogus!”© Margolis Healy & Associates, LLC
  • Initial Response Priorities 1. Ensure Safety & Security – Victim comes first, crime scene, evidence, witnesses, offender 2. Stabilize – build rapport with victim, empower victim decisions, use advocates, seek medical services, care for victim’s needs 3. Assess - situation, conditions, elements of crime, crime scene, evidence, witnesses, offender identity, location 4. Liaison – between victim and multi-disciplinary team, assist in furthering investigation/strategy© Margolis Healy & Associates, LLC
  • Initial Contact Regardless of delayed reporting, sexual assaults should be a priority call for response • Start by believing… • Remain objective, open minded, compassionate; you are the first impression of the response • Acknowledge victim’s reluctance to report© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report While there is no “normal” victim response, most experience the following concerns and fears: • “I can’t believe this is happening…” • “It’s my fault… “I’m so ashamed…” • “No one will believe me…” • “How can I trust anyone…”© Margolis Healy & Associates, LLC
  • Victims’ Reluctance to Report While there is no “normal” victim response, most experience the following concerns and fears: • “I thought I was going to die / be killed…” • “I’m afraid and so overwhelmed…” • “What are people going to think…”© Margolis Healy & Associates, LLC
  • Reassure the Victim Reassure the victim with a consistent and supportive message: • “I’m sorry this happened to you” • “You are doing the right thing” • “I believe you” • “This is not your fault” • “You are safe now” – continued safety • “Multi-disciplinary support systems to help” • Promote victim/survivor empowerment© Margolis Healy & Associates, LLC
  • Initial Contact • Serve the victim / survivor; assistance and protection; promote victim empowerment • Inform and reassure victim / survivor of reporting options and capabilities • Work with victim advocate to build rapport and serve the victim / survivor • Determine the initial facts to further the investigation© Margolis Healy & Associates, LLC
  • Preliminary Interview Explain statement and disclosure is a process, not an event: • Preliminary interview • In-depth interview • Follow-up questions • Continued disclosures; you are likely to recall additional details later – write them down, please call© Margolis Healy & Associates, LLC
  • Preliminary Interview • Interview in privacy without distractions • Interview, don’t interrogate: this is not the time for “just the facts” • Demonstrate primary responsibilities: assistance and protection • Listen to victim’s concerns and needs • Ensure victim’s needs are being attended to© Margolis Healy & Associates, LLC
  • Preliminary Interview • Considerations regarding support persons other than advocate in interview • Taking notes vs. audio / video recording • Use simple terminology, avoid jargon • Establish common language to discuss assault • Allow victim to give statement in their own words, uninterrupted if possible© Margolis Healy & Associates, LLC
  • Preliminary Interview Sensitively explore medical needs and evidence preservation, avoid “victim blaming”: • Medical exam, no bathing, douche, urination, or any activity that could result in loss of evidence • Suspected drug facilitated cases, urine collection • Victim’s clothing, don’t change clothes • Consistently reassure victim© Margolis Healy & Associates, LLC
  • Preliminary Interview • Determine assault location, offender location • Information to assist in identity, history of relationship, location of offender • Weapons involved, threats, history of violence • Consistently reassure victim: good to report, not your fault, safety planning, etc…© Margolis Healy & Associates, LLC
  • Preliminary Interview • Listen for elements of crime and/or conduct violations • Quote victim’s exact words on key elements • Assault location, evidence, injuries, witnesses • Offender relationship to victim, identity, location • Avoid leading questions • Don’t assume, or fill in the gaps© Margolis Healy & Associates, LLC
  • Preliminary Interview Avoid victim blaming questions: Why did you…? Why didn’t you…?© Margolis Healy & Associates, LLC
  • Preliminary Interview • Prior to concluding preliminary interview: • Explain next steps, potential for follow ups • Documentation of injuries, interview • Safety planning and transportation • Offer victim resources and referral • Answer any/all questions or concerns • Liaison between victim and Multi-disciplinary team • Meet with victim’s support network: family, friends© Margolis Healy & Associates, LLC
  • Steps to Correct Discriminatory Impact • Escort • Class Schedules • Housing Arrangements • Counseling Services • Health Services • Academic Support Services • Re-take course or withdraw without penalty • Review of Disciplinary actions© Margolis Healy & Associates, LLC
  • Develop Investigative Strategy • Know your State Sexual Assault Laws • Campus: know Student Code of Conduct • Consider nature of the assault • known facts • evidence • possible defenses • timing and investigative sequence© Margolis Healy & Associates, LLC
  • Develop Investigative Strategy Non-stranger sexual assault: • explore previous relationship • how did they meet, duration • Offender behavior, boundaries, what changed • Role of drugs / alcohol • previous assaults / abuse© Margolis Healy & Associates, LLC
  • Develop Investigative Strategy Corroboration of details is essential: • Micro-corroboration of sensory and peripheral details from the victim’s perspective • Physical evidence • sexual assault exam, injuries • crime scene, crime scene photos • Security cameras, swipe cards© Margolis Healy & Associates, LLC
  • Develop Investigative Strategy • Verify witness statements, “outcry witness” Who is likely in the same social circle? • Re-photograph non-genital injuries • Search for additional evidence • Other possible victims, how to find them • Suspect forensic exam • Strategic approach to offender ( Pre-text call)© Margolis Healy & Associates, LLC
  • Develop Investigatory Strategy© Margolis Healy & Associates, LLC
  • Victim Interview Goal of follow-up interview: obtain a complete statement from victim that will further the investigation to help determine the elements of the offense; What did “no” look like? What did fear feel like? • Keep options open for victim to disclose additional details throughout the investigation; “please write it down, call me” • Establish common language; acknowledge that this is a difficult discussion, but reassure…© Margolis Healy & Associates, LLC
  • Victim Interview • What did “no” look like? What did fear feel like? • Recognize victim trauma and difficulty recalling information and sequence of events • Some victims may provide information that is incomplete, inconsistent or untrue • Interview for clarification, don’t interrogate • What are you able to tell me about that? • Can you tell me what you remember next? • Can you help me understand…?© Margolis Healy & Associates, LLC
  • Follow-Up Victim Interview • Interview for clarification, don’t interrogate • Can you tell me what you were thinking when that happened? • Can you tell me what you were feeling at that point? • Can you tell me more about that? • You are doing fine… I know this is difficult…© Margolis Healy & Associates, LLC
  • Follow-Up Victim Interview • Allow victim to give statement in their own words, uninterrupted if possible • Avoid leading questions • Seek facts and information to determine elements of crime/student conduct violation • Documentation of sensory and peripheral details from the victim’s perspective (Trauma) • What did you see, hear, smell© Margolis Healy & Associates, LLC
  • Focus on offender behavior Use what we know about offender behavior to help guide your investigation… Non-stranger sexual offenders motto: “I am going to have sex tonight. If it is consensual, fine. But, I am going to have sex tonight.”© Margolis Healy & Associates, LLC
  • Focus on offender behavior… • Investigate pre and post assault behavior “He said, she said” becomes “He said, they said” • How did they meet, or why did he choose/target the victim? • How did he manipulate the environment and circumstances to get the victim into a position of vulnerability and isolation© Margolis Healy & Associates, LLC
  • Focus on offender behavior… • What role did drugs and alcohol play • Who supplied drugs/alcohol? Did suspect provide drugs/alcohol to others? • Grooming / testing methods, contrived circumstances • Chosen location of assault (Isolation) • Pre and post assault conversations • Pre and post assault text messages/calls© Margolis Healy & Associates, LLC
  • Focus on offender behavior… • Digital Forensics • Computer related research by suspect: (Burlington case example) • Email, text messages, cell phone calls • admissions, times, identify witnesses • Cell phone; photos, video (hidden recordings) • Social media; photos, comments, information© Margolis Healy & Associates, LLC
  • Accused Student’s Facebookp://www.msnbc.msn.com/id/21134540/vp/43091112#4309 © Margolis Healy & Associates, LLC
  • Investigate the Offender background • Investigate the offender’s background and history, including hometown Is he who he said he is? • Investigate his social circles for “similars”© Margolis Healy & Associates, LLC
  • Investigate for “Similars” Burlington, Vermont • One report of orthopedic surgeon sexually assaulting a patient led to 12 other victims coming forward(hung jury May 2009, plead to reduced charge February 2010)© Margolis Healy & Associates, LLC
  • Example: Gerald Montgomery • Prior Convictions: Larceny, Assault, DC, DV, VAPO • Suspect in 3 non-stranger sexual assaults in 2 year period – 3 additional victims uncovered • Charged with sexual assault in only one case • Hung jury at trial - Plea agreement; L & L (2-5 susp) • 2 months later, another reported sexual assault • Reluctant victim, probation and sex offender registry violation, served his suspended sentence • Released as a sex offender “unlikely to reoffend”© Margolis Healy & Associates, LLC
  • …Unlikely to Reoffend?© Margolis Healy & Associates, LLC
  • Corroboration of Details • Pre and post assault timelines; victim and offender • Outcry witnesses • Witness accounts from before and after • Follow up to see the effects of ongoing victim trauma (Expert Witnesses)© Margolis Healy & Associates, LLC
  • Investigate the offender • Develop suspect interrogation strategy Know the facts, timelines, elements of the offense Tie in offender behavior, background, other potential victims, anti-violence prevention education, etc… Use of “pre-text” phone calls/text messages (State Law, check with Legal Counsel)© Margolis Healy & Associates, LLC
  • Pretext calls • Helpful investigative tool for cases involving people who know each other • Make sure victim is emotionally capable of participating, seek guidance from advocate / therapist© Margolis Healy & Associates, LLC
  • Pretext calls • Equipment required • Best time to make call (depends on facts of case) • Prepare list of questions to review with victim in advance • “Script” the call if necessary© Margolis Healy & Associates, LLC
  • Thorough Documentation • Detailed case documentation/report writing • Goal of investigation : coordinated, compassionate, objective and thorough • While every case is different, investigations must be consistent and thorough (Policy) • Ensure proper case clearance and coding • Multi-disciplinary case audits, after action review • Seek expert guidance/testimony when uncertain© Margolis Healy & Associates, LLC
  • IACP Sexual Assault Guidelines© Margolis Healy & Associates, LLC
  • Investigations Q&A© Margolis Healy & Associates, LLC
  • Sexual Assault –Impact of Language and Report Writing
  • Impact of Language The power of language in defining and influencing our thoughts and actions concerning sexual violence: Terms and language we use can not only further the myths and misconceptions about sexual violence they can also: • ignore/minimize danger • make light of the violence • imply shared responsibility or consent • dehumanize victims© Margolis Healy & Associates, LLC
  • Impact of Language “After it happened, I didn‟t know what to do. I looked on the department‟s website but all I could find was how to pay my parking tickets and how to get a copy of a police report. There was nothing about what to do when you are raped.” Domestic Violence/Stalking/Sexual Assault Survivor • What are we communicating on campus and in our community to support victims?© Margolis Healy & Associates, LLC
  • Impact of Language “I have been abused, humiliated and beaten by a man I thought I loved, I thought I trusted…. He told me most of the cops are men and I can‟t trust them either” Domestic Violence Survivor How are we communicating? Are we communicating accurately?© Margolis Healy & Associates, LLC
  • Impact of Language Some terms we use inadvertently minimize/dismiss the violence and blame the victim: • “peeping tom” = voyeur, stalker • “violent rape” • “innocent victim” • “had sex with” “performed oral sex” • “alleged victim” - “alleged sexual assault”© Margolis Healy & Associates, LLC
  • Impact of Language Some terms we use inadvertently minimize/dismiss the violence and blame the victim: • “story” vs. “account” • “consented” vs. “submitted” • “uncooperative” vs. “reluctant” • “victim” vs. “accuser” • Title IX language: Victim = “Complainant” / Suspect = “Respondent”© Margolis Healy & Associates, LLC
  • Impact of Language “Date Rape” = Non-Stranger Sexual Assault© Margolis Healy & Associates, LLC
  • Impact of Language Sexual violence prevention - risk reduction for women, “You better do this – don’t do that” • Limited training, education, prevention for men • What is men’s role in helping to end violence?© Margolis Healy & Associates, LLC
  • Impact of Language • A university spokesperson said that the school does not consider the incident to be a rape, "We would call it date rape…" • The university considers "outright rape" and date rape to be different, in that date rape does not involve "a rapist jumping out of bushes and attacking people randomly…" • "These are people who knew each other... Its a social situation and unfortunately an all-too common problem at universities…” • "It doesnt make it right. Its a sexual assault, and thats why the university took action in this matter”© Margolis Healy & Associates, LLC
  • Report Writing Your report can be the difference between justice and injustice, and can have serious consequences for the safety of the community… (Anthony Sowell) The defendant‟s lawyer will attack the credibility of the victim and the quality of the investigation; that attack begins with a “fine tooth comb” review of your report…© Margolis Healy & Associates, LLC
  • Report Review Defense Attorney Student Affairs/Judicial Public/Media Conduct Victim Report Prosecutor University Admn Judge Advocate© Margolis Healy & Associates, LLC
  • Report Review • Detail all of the evidence uncovered during the investigation • Recreate the reality of the incident from the perspective of the victim • Use descriptive words/terms • Describe the parts of the body and the things the victims was forced to do with those parts of the body (SA) • Describe the tools, objects, or weapons that were used and how they were used© Margolis Healy & Associates, LLC
  • Report Writing Reports should be highly detailed: • Premeditation by offender, offender behavior, • Elements of crime; sexual violence, consent, coercion, threats, force • Actions, observations, evidence, etc… • Supplemental Report Form / Checklist© Margolis Healy & Associates, LLC
  • Report Writing Be objective – avoid opinion and assumptions Reports should be highly detailed: • Thoroughly document victims account, including emotions, state of mind • What did “no” look like, what did “fear” feel like? • Use the victim’s exact words in quotations© Margolis Healy & Associates, LLC
  • Report Writing • Delayed reporting: write without judgment when the crime was committed and when it was reported • Be accurate and correct • Ensure you use accurate language that doesn’t blame victim, minimize the violence, or imply consent: • “give” “perform” or “engage” in sexual acts implies consent and paints a different picture…© Margolis Healy & Associates, LLC
  • Report Writing What’s wrong with this picture? • “Under the threat of a large silver revolver a woman engaged in sex with her rapists and then was forced to perform oral sex” • “Despite drinking six shots of vodka, the victim also began consuming beer” • “The victim did not scream for help, or fight back when the suspect pushed her to the ground” Victim blaming - Minimizing violence – Implying consent© Margolis Healy & Associates, LLC
  • Report Review Reports should not include: • Opinions, hunches, gut feelings • Vague quantitative words (lots, many, some, etc.) • Victim blaming statements • Consensual language • Subjective non-descriptive terms (acted strange, seemed upset, etc.)© Margolis Healy & Associates, LLC
  • Report Review Reports should not include: • Consensual language: Sexual intercourse, oral sex, fellatio, and cunnilingus • Terms of affection/eroticized words: Fondling, caressing, kissed, and hugged • Mutual participation: Performed, engaged in, fighting, violent relationship, and disagreement© Margolis Healy & Associates, LLC
  • Report Review Example: “…when he was done, he bent her over the couch and had intercourse with her again…” “ …while in the room the victim performed oral sex on the suspect…” “….they were engaged in a heated argument…”© Margolis Healy & Associates, LLC
  • Report Review Examples: “…victim did not appear to be upset….victim was laughing and making jokes about the situation.” “…victim inexplicably came to the suspects room wearing pajamas…” “…victim has inconsistencies with her story and has a history of drug abuse…”© Margolis Healy & Associates, LLC
  • Report Review “…the victims account of the incident is not believable or credible to officers given her actions during and after the encounter with the suspect…” “…while the knife was being held to the victim’s throat it caused a small laceration…” “…the circumstances of the rape disclosure in conjunction with the victims desire to stay with the suspect and the lack of physical evidence does disprove the allegation of rape…”© Margolis Healy & Associates, LLC
  • Case Coding Importance of case coding and clearance decisions: I. Cleared (by arrest or exceptional clearance) II. Inactivated / Unsubstantiated III. Information Report IV. Unfounded (baseless or false)© Margolis Healy & Associates, LLC
  • I. Cleared cases Cleared by arrest • Someone is arrested, charged, and turned over to the court for prosecution Exceptional clearance Element(s) beyond law enforcement control precludes issuing formal charges • Death of the offender • Victim unable to assist after the offender is identified • Offender arrested and prosecuted in a different jurisdiction© Margolis Healy & Associates, LLC
  • II. Inactivated/Unsubstantiated The case is removed from the active case load but remains technically open pending possible future leads or investigation© Margolis Healy & Associates, LLC
  • III. Information Report Incident does not currently meet the elements of a crime but the information is filed/preserved for future evidence or criminal connections© Margolis Healy & Associates, LLC
  • IV. Unfounded Crime Reports The UCR says a reported offense can be unfounded if “the investigation shows that no offense occurred nor was attempted” Two types of unfounded reports: 1. Baseless 2. False© Margolis Healy & Associates, LLC
  • Baseless Reports • Cases that do not meet the elements of the offense (victim feels pressure to engage in sex, but case does not meet elements of force) • Cases that were improperly coded in the first place (administrative error)© Margolis Healy & Associates, LLC
  • False Reports DOES mean: Does NOT mean: • Evidence shows • The investigation that a crime was simply failed to not committed or establish that the attempted crime was committed (This would be an unsubstantiated report)© Margolis Healy & Associates, LLC
  • False Reports Does NOT mean: DOES mean: • Evidence shows • Investigator simply did not believe the that a crime was victim’s account not committed or attempted • Recantation • Part of what is reported is false or exaggerated© Margolis Healy & Associates, LLC
  • Q&A© Margolis Healy & Associates, LLC