Rape Part 3

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BENEATH THE DIGNITY OF HUMANITY-THE INVESTIGATION OF RAPE PART 3

COURTROOM REQUIRED INFORMATION

       The precise time of the heinous rape should be noted.  From that time until the matter was reported to the police is essential.  Clarity whether or not the victim is the spouse of the assailant.  Prosecutors will denote that a necessary element to all cases.     

     A priority in your report is to denote whether the victim knows the suspect, his name, address, and his place of employment including the physical description of the criminal.  The physical description must include the type of physique, appearance, scars, tattoos, marks, healed bullet wounds, burn marks (sadomasochistic marks) and so forth.  Further the physical description includes the wearing apparel during the rape such as his suit, trousers, a hat, mask, nylons over face, underwear type such as briefs, boxer shorts and so forth.  Further what type of speech did he employ?  Did he have a speach impediment, was his speech broken like he was Class A narcotic or Alcoholic user, or did he have an accent?  Was there a vehicle involved?  Was she raped inside a vehicle or buss pulled off the street by more than one assailant, describe all perpetrators as described above or did she see the get away vehicle.  A description of the vehicle is essential.  For example what make, model, year, color, body style, convertible, tire on back, low rider or any other outstanding characteristics. 

    If any, were there other people present when they met?  Who?  Where?  Was she using Class A narcotics or drinking with the suspect?  Many rapes will occur after the victim encounters the suspect in a bar.  A few drinks are consumed and the suspect offers to drive her home, and instead the rape follows.   

    Did the suspect threaten the victim with a weapon or other words of destruction such as "I will kill you with my bear hands" such as strangulation or "I know where you work and will come a get you day after day."  If a weapon was used, a full description is necessary.  Was it a gun, what type, caliber or was it a knife, shovel, axe, pick and so forth. 

     Has the suspect ever been out with the victim before such as a previous date where she rebuffed his piggish ways?  Tactfully inquire if she has ever had sexual relations with the suspect before.  Although previous acts do not necessarily absolve the suspect, in court, a wily defense attorney will attempt to establish the reputation of the victim and remind the Judge and/or Jury that not all rape complaints are bona fide.

      Has a complaint of this nature ever filed by the victim before?  Certain women complain regularly that they have been raped but every reported instance proves unfounded.  Obviously, all person’s male or female may have medical psychological problems, which need to be treated by competent physicians.  However, each complaint is to be accepted as true until the time you obtain definite proof that a rape did not occur. 

MENTAL ILLNESS, THE FALSE COMPLAINT OR A BONIFID CRIME

   Always proceed with the assumption that each rape is bona fide.  But an experienced Agent keeps in the back of their minds eye the awareness that on occasion false accusations have occurred.  It is your expedient, efficient and thorough investigation that will make the determination that a report was unfounded or was indeed a factual crime.  

     There have been women, who, for a number of reasons, prefer rape charges against a boyfriend, a casual acquaintance, or even a stranger.  Many of these cases, the women had consented to an act of intercourse with the person she is accusing or with someone else completely.  In an attempt to conceal her indiscretion or prompted by fear of pregnancy, revenge or an overwhelming feeling of guilt, she charges that she has been raped.  Less frequently, experience has demonstrated a false accusation directed against an innocent person by a mentally ill woman.  Look for body language and demeanor.  Does she hide behind her hair-dangling in front of her face which is her mask to hide her acting ability?  Or has she just been a mess consistently throughout her life?

     Separating the truth from fiction is often a difficult assignment.  Be through and carefully note the appearance and behavior of the victim.  Generally, the actions and appearance of a bona fide victim will leave little doubt that a crime has been committed.  The poor women or child will be highly agitated or emotionally upset, often in a state of hysteria as previously suggested.  She will often have sustained injuries, cuts, bruises, or in a worse case scenario, knife or gunshot wounds.  Her clothing is ripped or torn off especially her underwear or hose, and this is evidence that those items were forcibly removed.  Outdoor rapes will leave often leave remnants of silted or stains on the garments, which were thrown to the ground or even a puddle.    All of these objective factors must be fully consistent with the Forensic Medical Fraud Examiners findings.  Generally they are.

     It is during your initial investigative interview, that you will note the victim’s attitude and reaction to your suggestion that she be given a medical examination.  Be suspect of her desire to forget the whole incident and refusal to undergo a medical examination even by her own choose of physicians.  Remember, it is extremely important that the examination be conducted by one who has experience with these types of crimes and will have certifications such a Certified Fraud and Forensic Examiner.  These indicate that this physician is highly respected by his peers and the accrediting bodies for the physician’s personal enhancement of the fields of anti-fraud and forensic medicine. 

     Further during your initial investigative interview you will have noted the length of time between the rape and the complaint.  This time line often helps to shed some light on the authenticity of the complaints.  However, do not underestimate the fear of already raped and battered victim.  Never underestimate the horror relived in the minds of rape victims.  However, a victim usually reports the crime as quickly as possible.  Do not discredit a complaint registered a number of hours or even a day or two later without a serious investigation.  Again some rape victims, through misdirected advice or a sense of shame or fearing the consequences for engaging in or being a victim of such an act is deleterious to their mental state.  Do not forget about the married woman who is bar-hopping without her husband or dating while he was working or away on business.  She also may hesitate to summon the police.  Be profession.  Keep to the subject.  Investigate all rape cases as bona fide until you prove them otherwise.  Further a young girl who through her church or good American upbringing is still immature.  She may believe that what she did was so evil, that although she is a rape victim, her adolescent pondering of her position before making the correct decision may be the cause of delay in reporting the heinous crime of rape. 

    It is your tact and through questioning surrounding the extended delay between the report and the alleged attack which will insure justice will prevail.  An Agents job carries the weight of the U.S. Constitution on their shoulders.  An honor to be sure.  If the rape charge is unfounded this line of questions will lead the complainant to admit she had agreed to the act beforehand.  Quite often, an unfaithful wife or fiancée may be worried that through her infidelity she has become pregnant as alluded to earlier.  Then as an attempt to conceal her indiscretion, she reports that she has been raped about “couple of weeks ago.”

    If an alleged victim insists that she has been raped, although you cannot sustain the complaint and are of the opinion that she is fabricating the charge, take the complainant before a judge or magistrate to obtain a warrant.  Present the court all the available evidence to determine whether or not a warrant is to be issued.  If a warrant is then refused, you are protected against a possible charge of negligence or incompetence.  If you perform as this examiner has outlined in this case you will have performed you duty.

   Some pseudo-investigators or pseudo-instructors will teach that memories fade quickly.  Believe not without good American conscience.  The following is a Poem called….

 “Memory”

 My CHILDHOOD'S HOME I see again,

And sadden with the view;

And still, as memory crowds my brain,

There’s pleasure in it, too.

 O memory!  Thou midway world

‘Twixt earth and paradise,

Where things decayed and loved ones lost

In dreamy shadows rise.

 And, freed from all that’s early, vile,

Seem hallowed, pure and bright,

Like scenes in some enchanted isle

All bathed in liquid light.

 As dusky mountains please the eye

When twilight chases day;

As bugle notes that, passing by,

In distance die away;

 As, leaving some grand waterfall,

We, lingering, list its roar-

So memory will hallow all

We’ve known but know no more.

 Near twenty years have passed away

Since here I bid farewell

To woods and field, and scenes of play,

And playmates loved so well.

 Where many were, but few remain

Of old familiar things,

But seeing them to mind again

The lost and absent brings.

 The friends I left that parting day,

How changed, as time has sped!

Young childhood grown, strong manhood gray;

And half of all are dead.

 I hear the loved survivors tell

How naught from death could save,

Till every sound appears a knell

And every spot a grave.  Abraham Lincoln

by Dr. Scott David Neff Chiropractic Orthopedist, DE, IDE, CFE,  DABFE FFABS © TEXTBOOK FOR FORENSIC CRIMINAL INVESTIGATIONS 1999