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Practical Investigation of Sex Crimes

A Strategic and Operational Approach

 CRC SERIES IN PRACTICAL ASPECTS
OF CRIMINAL AND FORENSIC
INVESTIGATIONS
VERNON J.GEBERTH, BBA, MP S, FBINA S eries Editor
Practical Homicide Investigation: Tactics, Procedures, and Forensic
Techniques, Third Edition
Vernon J.Geberth
The Counterterrorism Handbook: Tactics, Procedures, and Techniques,
Second Edition
Frank Bolz, Jr., Kenneth J.Dudonis, and David P.Schulz
Forensic Pathology, Second Edition
Dominick J.Di Maio and Vincent J.M.Di Maio
Interpretation of Bloodstain Evidence at Crime Scenes, Second Edition
William G.Eckert and Stuart H.James
Tire Imprint Evidence
Peter McDonald
Practical Drug Enforcement, Second Edition
Michael D.Lyman
Practical Aspects of Rape Investigation: A Multidisciplinary Approach,
Third Edition
Robert R.Hazelwood and Ann Wolbert Burgess
The Sexual Exploitation of Children: A Practical Guide to Assessment,
Investigation, and Intervention, Second Edition
Seth L.Goldstein
Gunshot Wounds: Practical Aspects of Firearms, Ballistics, and Forensic
Techniques, Second Edition
Vincent J.M.Di Maio
Friction Ridge Skin: Comparison and Identification of Fingerprints
James F.Cowger
Footwear Impression Evidence, Second Edition
William J.Bodziak
Principles of Kinesic Interview and Interrogation
Stan Walters
Practical Fire and Arson Investigation, Second Edition
David R. Redsicker and John J.O’Connor
 iii

The Practical Methodology of Forensic Photography, Second Edition

David R.Redsicker
Practical Aspects of Interview and Interrogation, Second Edition
David E.Zulawski and Douglas E.Wicklander
Investigating Computer Crime
Franklin Clark and Ken Diliberto
Practical Homicide Investigation Checklist and Field Guide
Vernon J.Geberth
Bloodstain Pattern Analysis: With an Introduction to Crime Scene
Reconstruction, Second Edition
Tom Bevel and Ross M.Gardner
Practical Aspects of Munchausen by Proxy and Munchausen Syndrome
Investigation
Kathryn Artingstall
Quantitative-Qualitative Friction Ridge Analysis: An Introduction to Basic
and Advanced Ridgeology
David R.Ashbaugh
Practical Criminal Investigations in Correctional Facilities
William R.Bell
Officer-Involved Shootings and Use of Force: Practical Investigative
Techniques
David E.Hatch
Sex-Related Homicide and Death Investigation: Practical and Clinical
Perspectives
Vernon J.Geberth
Practical Investigation of Sex
Crimes
A Strategic and Operational
Approach

Thomas P.Carney

Boca Raton London New York Washington, D.C.

 This edition published in the Taylor & Francis e-Library, 2005.
“To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of
thousands of eBooks please go to www.eBookstore.tandf.co.uk.”
Library of Congress Cataloging-in-Publication Data
Carney, Thomas P., 1950-
Practical investigation of sex crimes : a strategic and operational approach/by Thomas
P.Carney.
p. cm.—(CRC series in practical aspects of criminal and forensic investigations)
Includes index.
ISBN 0-8493-1282-5 (alk. paper)
1. Rape—Investigation—United States. 2. Sex crimes—Investigation—United States. 3.
Criminal investigation—United States. I. Title. II. Series.
HV8079.R35C37 2003
363.25′953—dc22
2003055429
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
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Direct all inquiries to CRC Press LLC, 2000 N.W. Corporate Blvd., Boca Raton, Florida
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and are used only for identification and explanation, without intent to infringe.
Visit the CRC Press Web site at www.crcpress.com
© 2004 by CRC Press LLC
No claim to original U.S. Government works

ISBN 0-203-50717-7 Master e-book ISBN

ISBN 0-203-58563-1 (Adobe eReader Format)

International Standard Book Number 0-8493-1282-5 (Print Edition)

Library of Congress Card Number 2003055429

 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.
 Editor’s Note

This textbook is part of the “Practical Aspects of Criminal and Forensic

Investigation” series. This series was created by Vernon J.Geberth, New
York City 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
pragmatic information to the practitioner involved in criminal and forensic
investigation by authors who are nationally recognized experts in their
respective fields.
 Introduction

Throughout this text the victim is often referred to as female and the
perpetrator as male. This is not to suggest that the roles cannot be
reversed, nor is it an attempt to discount the seriousness of an attack on a
male victim. The terms are merely used for simplicity’s sake, as the vast
majority of sex crime victims are female and the vast majority of
perpetrators are male. By no means does this imply that forcible sex crimes
committed against men or same-sex attacks are subordinate in any way.
Such attacks are as grave and as appalling as those perpetrated against
women by men; they are, however, far fewer in number. The investigative
steps outlined in this text can be applied to all types of sex crimes. The same
issues arise in each, the same investigative techniques can be employed, and
the same need for emotional support is necessary.
The accounts chronicled throughout the text are all true. The names
have been changed, but all of the cases are accurate accounts of sexual
assault or reported sexual assaults. The purpose of their inclusion is to
illustrate relevant points and to generate discussion within an academic
setting.
Developing distinctive approaches to deal with the issues that arise from
sexual assault investigations is an essential function of all sex crime units.
Without these approaches, vital evidence could be lost and the case could
not 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 great deal. Together, we have developed successful methods to address
the unique issues that have been encountered in sex crime cases over the
years. It is hoped that this knowledge and the collective experience will
provide readers with the skills they need to develop cases that not only end
in an arrest but also withstand the scrutiny of the court process. If we, the
investigators, hand prosecutors 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.
 ix

It is common knowledge that rape is a highly unreported crime,

particularly when it involves an acquaintance or a domestic partner. It is
estimated that only one in four attacks is ever reported. Compelling
reasons exist for victims not to report these rapes, including the victim’s
emotional state, her feelings of guilt, her wish not to be victimized again,
and her fear that she will not be believed. Understanding the victim and her
motivation is necessary as investigators search for the truth. A chapter
devoted to the victim has been included to help investigators in this area.
This book outlines various methods that have been developed over the
years to obtain corroboration in sexual assault cases. These methods give
investigators the tools they need to substantiate the victim’s allegation in a
manner that will withstand legal challenges, thus preventing the release of
sexual predators who will most surely strike again.
The issue of false allegations is also discussed, and an investigative
course of 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 either convict or exonerate the accused. If uncovering the truth helps
convict a sex offender, then the investigator will have done the victim and
society a great service. If, on the other hand, the truth exonerates the
accused, the investigator will have prevented corruption of the legal system
by the accuser and cleared an innocent person.
The purposes of this book are many. It is designed to explain the
techniques required to balance the many demands cited, including
obtaining the corroboration needed in a legal and proper manner. The
discussion provided here should help investigators understand the different
types of investigations required for sexual assaults and should prepare
investigators to overcome the obstacles they will encounter. If we can
console the victim, corroborate her account, and gather all possible
evidence, we will have taken an enormous leap toward bringing the
offender to justice. Validation of the victim’s allegation by a thorough
investigation not only facilitates the prosecution’s argument 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 all too
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
gratification that comes from executing their duties successfully. Each
investigation leading to an arrest and successful prosecution can be
enormously rewarding to those charged with solving the case. The victims
are often the most vulnerable in our society, and they deserve the very best
from those of us who are charged with the responsibility of investigating
their assaults. We owe them the small amount of justice and closure that
can come from the legal system.
x

I recommend reading the entire book and then returning to selected

chapters or specific sections that may help enhance an agency’s fight
against sexual assault. In this way, the reader will gain a better
understanding of the many obstacles unique to sex crimes and will be able
to then concentrate on improving specific areas that require more
attention.
 The Author

Tom Carney grew up in the streets of New York City in the Washington
Heights area of Manhattan. He spent 30 years in the New York City Police
Department (NYPD), and with his wife, Elizabeth raised five children
(Brendan, Sean, Kerry, Colleen, and Kieran). His career ended due to an
injury sustained while subduing a suspect. That injury forced him to retire,
but his passion for finding justice and for ensuring that others understand
the unique aspects of sex crime investigations led him to write this book.
During Tom’s tenure at NYPD, he received 37 department awards for acts
of heroism, including NYPD’s second highest award, the Combat Cross.
He was assigned to many different areas of law enforcement and
commanded several units within the Detective Bureau. He spent the last 5
years of his career as the Commanding Officer of the Manhattan Special
Victims Squad, which is responsible for investigating all sex crimes and
child abuse cases within Manhattan’s 22 police precincts.
Tom started his career in 1970 and worked his way through the ranks to
the position of Lieutenant. He spent time within the Patrol Bureau, the
Special Operations Division, the Intelligence Division, and the Detective
Bureau. Tom commanded a unit of the Intelligence Division and the 32nd
Precinct Detective Squad before being tapped to command the Manhattan
Special Victims Squad.
Lieutenant Carney holds an undergraduate degree in Criminal Justice
from the State University of New York and a graduate degree in Public
Administration from Marist College where he received the faculty award
for his academic achievements. He has given lectures for NYPD’s Sex
Crime Course and the Criminal Investigation Course.
During Lieutenant Carney’s 5-year tenure at the helm of the Manhattan
Special Victims Squads, he handled more than 1500 cases each year. His
command consisted of more than 30 detectives and supervisors in one of
the most high-profile and media-intense detective squads in New York City.
He coordinated the successful investigation of many high-profile sex crime
cases, and his expertise in these investigations is beyond question. He has
testified numerous times in court and has personally effected and
supervised thousands of arrests in his career.
 Contents

Editor’s Note vii

Introduction viii
The Author xi

1 The Need for Specialization 1

Discussion 5
Liability 6
Impact on Community 7
Impact on Police 8
Corroboration 9
Impact of Sexual Assault of Children 11
District Attorney 11
Hospital Staff, Social Workers, Rape Advocates 12
2 What Is Sexual Assault? 13
Definitions 13
Public Perception 13
Looking beyond the Definitions 15
Legal Definitions 18
Bibliography 19
3 Personnel Criteria 20
Impediments 22
Aversion to Subject Material 22
Emotional Support and Control 22
A Different Type of Investigation 23
 xiii

Limitations of Training 23
Qualities of the Sex Crime Investigator 24
Compassion and Professionalism 25
Ability to Gain Confidence of Victims 26
Nonjudgmental Approach 26
Knowledgeable and Skilled Investigators 28
Skilled Interrogators 28
Appearance 29
Managerial Support 29
The Gender Issue 31
Provisional Status of New Investigators 32
Conclusion 33
Bibliography 34
4 The Two Crime Scenes 35
The First Officer and the Location-of-Occurrence Crime Scene 36
Steps for the First Officer to Take 37
Obstacles for the First Officer to Overcome 39
The Investigative Team 41
Forensic Techniques 41
Responsibilities of the Investigative Team 42
The Forensic Team: Evidence Response Team 42
Investigative Search of Crime Scene 43
The Search 44
Automated Fingerprint Identification System 45
The Victim and Residual Evidence 45
At the Hospital 47
The Rape Kit 48
Sexual Assault Nurse Examiner (SANE) 50
DNA 50
xiv

Combined DNA Index System 52

Identical Twins and Identification 52
Collecting Samples for DNA Analysis from Suspects 52
Legal Criteria 53
Buccal Swab 53
Surreptitious Collection of DNA from Suspects during 55
Questioning
Collecting DNA Samples from Suspects under Surveillance 55
Seizing a Suspect’s Clothing for DNA Evidence 56
Searching for DNA Evidence under Court Order: The Search 56
Warrant
Media at the Crime Scene 57
Conclusion 58
Bibliography 59
5 The Victim and the Interview 60
Discussion 62
Counseling 63
Initial Response of Victims 65
Rage 65
Fear 65
Worthlessness 66
Guilt/Blame 66
Reporting Delays: Attacks by Strangers 67
Delayed Reporting and Acquaintance Rapes 68
The Interview 69
Length of Interview 69
Privacy 70
Setting 70
Investigator Gender 71
Have a Second Investigator Present at the Interview 71
 xv

Discourage the Presence of a Support Person during the 72

Interview
Ease Tension 72
Expect the Victim to be Untruthful 73
Question the Reporting Delay 74
Explain Each Question That You Ask 74
Maintain a Nonjudgmental Attitude 75
Be Respectful 76
Do Not Touch 76
Questions to Ask during the Interview 77
Physical Characteristics of Suspect 77
Detailed Account of Attack 78
Prior Sexual Activity 81
Previous Reports 81
Allegations against the Victim and Prior Criminal Activity 82
File Photographs 82
Do Not Wait 82
Keep Victim Informed 83
Prepare Victim for Legal Proceedings 83
Conclusion 83
Bibliography 84
6 Acquaintance Rape and Domestic Rape: Investigative 85
Strategies for Known Rapists
Burden of Proof 85
Statistical Overview and the Problem with Sexual Assault 87
Statistics
Drug-Induced Rape 92
Alcohol 92
Rohypnol (Flunitrazepam) 93
Gamma-Hydroxybutyrate (GHB) 95
xvi

Ketamine 96
Education and Precautionary Measures 97
Cybersex 98
Investigating Acquaintance Rape 99
Acquaintance Rape: A Difficult Crime to Prove 100
Deception by Victims 100
Addressing the Deception 101
Victim as Sole Witness 102
Victims’ Prior Actions 102
Lack of Physical Evidence 103
Credibility of Victims 103
Strategies to Address Credibility Problems, Support Victim’s 103
Allegations, and Uncover the Truth
Repetitive Nature of Attacks and the History of the Suspect 104
Recorded Conversations 104
Victim’s Role 105
Recorded Telephone Conversations 106
e-Mail and Instant Messages 106
Eavesdropping Warrant 106
The Truth 107
Rape on Campus 107
University Policies 108
Investigative Impact of Campus Policies 108
Addressing the Issue of Campus Policy 109
Rape at High-Security Locations (Hotels, Businesses) 110
Investigating Domestic Rape 112
Agency Rules That Require Arrests in Domestic Situations 114
Recorded Conversations 115
Bibliography 117
7 Investigative Strategies for Stranger Rape 118
 xvii

Victim Profile 119

Targeting Potential Victims 121
The Blame Game 121
Victim Selection 122
Rape during Burglary, Robbery, and Other Felonies 122
Risky Behavior 124
Initial Response by Uniform Personnel and Mobilization of 125
Personnel
Initial Response 125
Mobilization of Personnel 125
First Officer 127
Uniform Supervisor 128
Initial Investigative Response 128
Team Approach 129
Lead Investigators 130
Investigative Supervisors 131
Canvass 132
Commuter Canvasses 133
Documentation 134
The Ongoing Investigation 135
Prior Criminal Activity of Sexual Offenders 136
Computer Analysis 138
Conclusion 140
Bibliography 141
8 Investigative and Tactical Plans for Serial Sexual Assault 142
Investigative and Tactical Plans Defined 143
Sexual Assault Patterns 143
The Investigative Plan 143
Case Familiarity 144
xviii

Public Announcement 144

Intelligence Reporting Structure 145
Logbooks and Paper Documentation Model 146
Computer-Generated Model 147
Dissemination of Intelligence to Noninvestigative Units: 147
Overcoming Cultural Bias
When New Attack Patterns Occur 148
Old Cases 151
The Tactical Plan 151
Establish a Lead Unit within a Multifaceted Approach 151
Coordination Conference 153
Assist Patrol with Investigative Personnel 154
Personnel Commitment 156
Detectives 156
Uniform Patrol 156
Continuing Efforts 158
In the Event of a New Attack 159
Police Surveillance Cameras 160
DNA Indictments 161
DNA Indictment Protocol and Statute of Limitations 164
Conclusion 166
9 The Profile of the Rapist: Understanding and Interrogating 168
Rapists
Abnormal Psychology of the Rapist 169
Why Psychological and Geographic Profiles Are Useful 171
Efficiency 171
Narrowing the Geographic Area of the Search 171
Provide Public with Protective Information 171
Preparing a Case for Profilers 174
Psychological Profiles 175
 xix

Interrogating Tip 176

Two General Rapist Categories 177
Selfish Rapist 177
Interrogation Tip 178
Pseudo-Unselfish Rapist 179
Interrogation Tip 180
Specific Rapist Categories 180
The Power Assertive Rapist 180
Investigative Tip 181
The Power Reassurance Rapist 181
Investigative Tip 181
The Anger Retaliatory Rapist 182
Interrogation Tip 182
The Anger Excitation Rapist 182
Interrogation Tip 183
The Opportunistic Rapist 183
Investigative Tip 183
Investigative Preparation for Profiling 184
Geographic Profiling 184
Conclusion 187
Bibliography 188
10 False Allegations of Rape 189
Impact 189
Police 189
Communities 190
Activists 190
Government Officials 191
Historical Viewpoint 191
Reasons for False Reports 192
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