9780203507179%2efmatt

8/12/2019 9780203507179%2Efmatt

1/14

CRC PRESS

Boca Raton London New York Washington, D.C.

PracticalInvestigation

of

Sex CrimesA Strategic and

Operational Approach

Thomas P. Carney

2004 CRC Press LLC

8/12/2019 9780203507179%2Efmatt

2/14

This book contains information obtained from authentic and highly regarded sources. Reprinted material

is quoted with permission, and sources are indicated. A wide variety of references are listed. Reasonable

efforts have been made to publish reliable data and information, but the author and the publisher cannot

assume responsibility for the validity of all materials or for the consequences of their use.

Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic

or mechanical, including photocopying, microfilming, and recording, or by any information storage or

retrieval system, without prior permission in writing from the publisher.

The consent of CRC Press LLC does not extend to copying for general distribution, for promotion, for

creating new works, or for resale. Specific permission must be obtained in writing from CRC Press LLCfor such copying.

Direct all inquiries to CRC Press LLC, 2000 N.W. Corporate Blvd., Boca Raton, Florida 33431.

Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are

used only for identification and explanation, without intent to infringe.

Visit the CRC Press Web site atwww.crcpress.com

2004 by CRC Press LLC

No claim to original U.S. Government works

International Standard Book Number 0-8493-1282-5

Library of Congress Card Number 2003055429

Printed in the United States of America 1 2 3 4 5 6 7 8 9 0

Printed on acid-free paper

Library of Congress Cataloging-in-Publication Data

Carney, Thomas P., 1950-

Practical investigation of sex crimes : a strategic and operational approach / by ThomasP. Carney.

p. cm. (CRC series in practical aspects of criminal and forensic investigations)

Includes index.

ISBN 0-8493-1282-5 (alk. paper)

1. RapeInvestigationUnited States. 2. Sex crimesInvestigationUnited States. 3.

Criminal investigationUnited States. I. Title. II. Series.

HV8079.R35C37 2003

363.25'953dc22

2003055429

Downloadedby[svetlanas

lavnic]at11:2201June20

14
ftp://www.crcpress.com/ftp://www.crcpress.com/ftp://www.crcpress.com/ftp://www.crcpress.com/

8/12/2019 9780203507179%2Efmatt

3/14

Dedication

This book is dedicated to the many men and women who mustcontend with the horrific crime of sexual assault; to the victims ofthese horrendous attacks, whose suffering extends way beyond theattacks themselves; to the medical professionals and social workerswho are trained to deal with sexual assault victims while collectingvital evidence for the police; to the sensitive men and women of thesex crime units who balance the needs of the victim with those ofthe prosecutors in order to bring the offender to justice; and, finally,to the prosecutors who persevere through the legal system to bringabout just results.

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

4/14

Editors Note

This textbook is part of the Practical Aspects of Criminal and ForensicInvestigation series. This series was created by Vernon J. Geberth, New YorkCity Police Department Lieutenant Commander (Retired), who is an author,educator, and consultant on homicide and forensic investigation. This series

has been designed to provide contemporary, comprehensive, and pragmaticinformation to the practitioner involved in criminal and forensic investiga-tion by authors who are nationally recognized experts in their respectivefields.

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

5/14

Introduction

Throughout this text the victim is often referred to as female and the perpe-trator as male. This is not to suggest that the roles cannot be reversed, noris it an attempt to discount the seriousness of an attack on a male victim.The terms are merely used for simplicitys sake, as the vast majority of sex

crime victims are female and the vast majority of perpetrators are male. Byno means does this imply that forcible sex crimes committed against men orsame-sex attacks are subordinate in any way. Such attacks are as grave andas appalling as those perpetrated against women by men; they are, however,far fewer in number. The investigative steps outlined in this text can beapplied to all types of sex crimes. The same issues arise in each, the sameinvestigative techniques can be employed, and the same need for emotionalsupport is necessary.

The accounts chronicled throughout the text are all true. The names havebeen changed, but all of the cases are accurate accounts of sexual assault orreported sexual assaults. The purpose of their inclusion is to illustrate relevantpoints and to generate discussion within an academic setting.

Developing distinctive approaches to deal with the issues that arise fromsexual assault investigations is an essential function of all sex crime units.Without these approaches, vital evidence could be lost and the case couldnot withstand the thorough examination mandated by the court process.This book is designed to give investigators the advantage of not only my years

of experience in sex crime investigations but also that of my detectives.Through their ingenuity and their dedication they have taught me a greatdeal. Together, we have developed successful methods to address the uniqueissues that have been encountered in sex crime cases over the years. It ishoped that this knowledge and the collective experience will provide readerswith the skills they need to develop cases that not only end in an arrest butalso withstand the scrutiny of the court process. If we, the investigators, handprosecutors a faulty product, we cannot blame them or the court system

when they fail to convict. The fault for that failure lies solely with us.It is common knowledge that rape is a highly unreported crime, partic-

ularly when it involves an acquaintance or a domestic partner. It is estimatedthat only one in four attacks is ever reported. Compelling reasons exist for

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

6/14

victims not to report these rapes, including the victims emotional state, herfeelings of guilt, her wish not to be victimized again, and her fear that shewill not be believed. Understanding the victim and her motivation is neces-

sary as investigators search for the truth. A chapter devoted to the victim hasbeen included to help investigators in this area.

This book outlines various methods that have been developed over theyears to obtain corroboration in sexual assault cases. These methods giveinvestigators the tools they need to substantiate the victims allegation in amanner that will withstand legal challenges, thus preventing the release ofsexual predators who will most surely strike again.

The issue of false allegations is also discussed, and an investigative courseof action is provided to uncover and deal with these situations. In the end,each investigation is an attempt to uncover the truth. The truth will eitherconvict or exonerate the accused. If uncovering the truth helps convict a sexoffender, then the investigator will have done the victim and society a greatservice. If, on the other hand, the truth exonerates the accused, the investi-gator will have prevented corruption of the legal system by the accuser andcleared an innocent person.

The purposes of this book are many. It is designed to explain the tech-niques required to balance the many demands cited, including obtaining the

corroboration needed in a legal and proper manner. The discussion providedhere should help investigators understand the different types of investigationsrequired for sexual assaults and should prepare investigators to overcome theobstacles they will encounter. If we can console the victim, corroborate heraccount, and gather all possible evidence, we will have taken an enormousleap toward bringing the offender to justice. Validation of the victims alle-gation by a thorough investigation not only facilitates the prosecutions argu-ment against the offender but also gives the victim some of her dignity back

by openly proclaiming that she was not at fault a reaction that is sadly alltoo common among rape victims.Ultimately, a great deal of satisfaction can be derived from investigating

sex crimes. Experienced sex crime investigators are aware of the gratificationthat comes from executing their duties successfully. Each investigation lead-ing to an arrest and successful prosecution can be enormously rewarding tothose charged with solving the case. The victims are often the most vulnerablein our society, and they deserve the very best from those of us who are chargedwith the responsibility of investigating their assaults. We owe them the small

amount of justice and closure that can come from the legal system.I recommend reading the entire book and then returning to selected

chapters or specific sections that may help enhance an agencys fight againstsexual assault. In this way, the reader will gain a better understanding of themany obstacles unique to sex crimes and will be able to then concentrate onimproving specific areas that require more attention.

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

7/14

The Author

Tom Carney grew up in the streets of New York City in the WashingtonHeights area of Manhattan. He spent 30 years in the New York City PoliceDepartment (NYPD), and with his wife, Elizabeth raised five children (Bren-

dan, Sean, Kerry, Colleen, and Kieran). His career ended due to an injurysustained while subduing a suspect. That injury forced him to retire, but hispassion for finding justice and for ensuring that others understand the uniqueaspects of sex crime investigations led him to write this book.

During Toms tenure at NYPD, he received 37 department awards foracts of heroism, including NYPDs second highest award, the Combat Cross.He was assigned to many different areas of law enforcement and commandedseveral units within the Detective Bureau. He spent the last 5 years of hiscareer as the Commanding Officer of the Manhattan Special Victims Squad,which is responsible for investigating all sex crimes and child abuse caseswithin Manhattans 22 police precincts.

Tom started his career in 1970 and worked his way through the ranks tothe position of Lieutenant. He spent time within the Patrol Bureau, theSpecial Operations Division, the Intelligence Division, and the DetectiveBureau. Tom commanded a unit of the Intelligence Division and the 32ndPrecinct Detective Squad before being tapped to command the ManhattanSpecial Victims Squad.

Lieutenant Carney holds an undergraduate degree in Criminal Justicefrom the State University of New York and a graduate degree in PublicAdministration from Marist College where he received the faculty award forhis academic achievements. He has given lectures for NYPDs Sex CrimeCourse and the Criminal Investigation Course.

During Lieutenant Carneys 5-year tenure at the helm of the ManhattanSpecial Victims Squads, he handled more than 1500 cases each year. Hiscommand consisted of more than 30 detectives and supervisors in one of the

most high-profile and media-intense detective squads in New York City. Hecoordinated the successful investigation of many high-profile sex crime cases,and his expertise in these investigations is beyond question. He has testifiednumerous times in court and has personally effected and supervised thou-sands of arrests in his career.

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

8/14

Contents

Editors Note

Introduction

The Author

1 The Need for SpecializationDiscussionLiabilityImpact on CommunityImpact on PoliceCorroborationImpact of Sexual Assault of Children

District AttorneyHospital Staff, Social Workers, Rape Advocates

2 What Is Sexual Assault?DefinitionsPublic PerceptionLooking beyond the DefinitionsLegal Definitions

Bibliography

3 Personnel CriteriaImpediments

Aversion to Subject MaterialEmotional Support and ControlA Different Type of InvestigationLimitations of Training

Qualities of the Sex Crime InvestigatorCompassion and ProfessionalismAbility to Gain Confidence of VictimsNonjudgmental Approach

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

9/14

Knowledgeable and Skilled InvestigatorsSkilled InterrogatorsAppearance

Managerial SupportThe Gender IssueProvisional Status of New InvestigatorsConclusionBibliography

4 The Two Crime ScenesThe First Officer and the Location-of-Occurrence Crime Scene

Steps for the First Officer to TakeObstacles for the First Officer to Overcome

The Investigative TeamForensic TechniquesResponsibilities of the Investigative TeamThe Forensic Team: Evidence Response Team

Investigative Search of Crime SceneThe Search

Automated Fingerprint Identification SystemThe Victim and Residual EvidenceAt the Hospital

The Rape KitSexual Assault Nurse Examiner (SANE)

DNACombined DNA Index SystemIdentical Twins and IdentificationCollecting Samples for DNA Analysis from Suspects

Legal CriteriaBuccal SwabSurreptitious Collection of DNA from Suspects

during QuestioningCollecting DNA Samples from Suspects under

SurveillanceSeizing a Suspects Clothing for DNA Evidence

Searching for DNA Evidence under Court Order:

The Search WarrantMedia at the Crime SceneConclusionBibliography

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

10/14

5 The Victim and the InterviewDiscussion

Counseling

Initial Response of VictimsRageFearWorthlessnessGuilt/BlameReporting Delays: Attacks by Strangers

Delayed Reporting and Acquaintance RapesThe Interview

Length of InterviewPrivacySettingInvestigator GenderHave a Second Investigator Present at the InterviewDiscourage the Presence of a Support Person during

the InterviewEase Tension

Expect the Victim to be UntruthfulQuestion the Reporting DelayExplain Each Question That You AskMaintain a Nonjudgmental AttitudeBe RespectfulDo Not Touch

Questions to Ask during the InterviewPhysical Characteristics of SuspectDetailed Account of AttackPrior Sexual ActivityPrevious ReportsAllegations against the Victim and Prior Criminal Activity

File PhotographsDo Not WaitKeep Victim InformedPrepare Victim for Legal ProceedingsConclusion

Bibliography

6 Acquaintance Rape and Domestic Rape: InvestigativeStrategies for Known Rapists

Burden of Proof

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

11/14

Statistical Overview and the Problem with Sexual AssaultStatistics

Drug-Induced Rape

AlcoholRohypnol (Flunitrazepam)Gamma-Hydroxybutyrate (GHB)Ketamine

Education and Precautionary MeasuresCybersexInvestigating Acquaintance Rape

Acquaintance Rape: A Difficult Crime to Prove

Deception by VictimsAddressing the DeceptionVictim as Sole WitnessVictims Prior ActionsLack of Physical EvidenceCredibility of Victims

Strategies to Address Credibility Problems, Support VictimsAllegations, and Uncover the Truth

Repetitive Nature of Attacks and the History of the

SuspectRecorded ConversationsVictims RoleRecorded Telephone Conversationse-Mail and Instant MessagesEavesdropping WarrantThe Truth

Rape on Campus

University PoliciesInvestigative Impact of Campus PoliciesAddressing the Issue of Campus Policy

Rape at High-Security Locations (Hotels, Businesses)Investigating Domestic Rape

Agency Rules That Require Arrests in DomesticSituations

Recorded Conversations

Bibliography

7 Investigative Strategies for Stranger RapeVictim Profile

Targeting Potential VictimsThe Blame Game

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

12/14

Victim SelectionRape during Burglary, Robbery, and Other FeloniesRisky Behavior

Initial Response by Uniform Personnel and Mobilizationof Personnel

Initial ResponseMobilization of PersonnelFirst OfficerUniform Supervisor

Initial Investigative ResponseTeam Approach

Lead InvestigatorsInvestigative SupervisorsCanvass

Commuter CanvassesDocumentationThe Ongoing Investigation

Prior Criminal Activity of Sexual OffendersComputer Analysis

Conclusion

Bibliography

8 Investigative and Tactical Plans for Serial Sexual AssaultInvestigative and Tactical Plans DefinedSexual Assault PatternsThe Investigative Plan

Case FamiliarityPublic Announcement

Intelligence Reporting StructureLogbooks and Paper Documentation ModelComputer-Generated Model

Dissemination of Intelligence to Noninvestigative Units:Overcoming Cultural Bias

When New Attack Patterns OccurOld Cases

The Tactical Plan

Establish a Lead Unit within a Multifaceted ApproachCoordination ConferenceAssist Patrol with Investigative PersonnelPersonnel Commitment

DetectivesUniform Patrol

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

13/14

Continuing EffortsIn the Event of a New Attack

Police Surveillance Cameras

DNA IndictmentsDNA Indictment Protocol and Statute of Limitations

Conclusion

9 The Profile of the Rapist: Understanding andInterrogating Rapists

Abnormal Psychology of the RapistWhy Psychological and Geographic Profiles Are Useful

EfficiencyNarrowing the Geographic Area of the SearchProvide Public with Protective Information

Preparing a Case for ProfilersPsychological Profiles

Interrogating TipTwo General Rapist Categories

Selfish Rapist

Interrogation TipPseudo-Unselfish RapistInterrogation Tip

Specific Rapist CategoriesThe Power Assertive Rapist

Investigative TipThe Power Reassurance Rapist

Investigative TipThe Anger Retaliatory Rapist

Interrogation TipThe Anger Excitation Rapist

Interrogation TipThe Opportunistic Rapist

Investigative TipInvestigative Preparation for ProfilingGeographic ProfilingConclusion

Bibliography

10 False Allegations of RapeImpact

Police

2004 CRC Press LLC



14

8/12/2019 9780203507179%2Efmatt

14/14

CommunitiesActivistsGovernment Officials

Historical ViewpointReasons for False Reports

False Acquaintance and Domestic AllegationsFalse Stranger Allegations

To Believe the Victim or Not? The False Report TrapDiscussion

Identifying False AllegationsStrategies to Address False Allegations

False Stranger AllegationsFalse Acquaintance and Domestic AllegationsConclusions

11 LineupsHelping the Victim to RememberPrepare the Victim to View the LineupExpect the Unusual

Conclusion



14

9780203507179%2efmatt

Documents