Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Legal aspects of sexual violence--does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999-2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Locard's Principle of Exchange,Dental Examination and Fragments of Skin

The transfer of materials between victim and perpetrator was first reported by Locard in the nineteenth century. While in recent years DNA testing has been very successful in matching biological material from crime scenes to perpetrators, the following cases demonstrate that other more time‐honored methods remain useful. Two cases of lethal assault are reported where the victims had bitten their assailants resulting in fragments of the perpetrators’ skin being wedged between their teeth which were discovered during post mortem oral examinations. As the fragments were able to be matched to injuries in the perpetrators, identification was established prior to confirmatory DNA testing. In case 1 a criminal conviction for manslaughter resulted, and in case 2 the identity of the assailant was confirmed. Examination of a properly exposed and illuminated oral cavity may provide useful evidence in assault cases. These cases represent an unusual dental variant of Locard's principle.     

Latent profiles among sexual assault survivors: understanding survivors and their assault experiences

Little guidance exists about how to tailor empowerment and resistance sexual assault programming to be responsive to varying groups of women. Using an investigation of 415 college women who completed a self-administered survey about a range of sexually aggressive experiences by a known male assailant, this investigation tested for distinct multivariate profiles of contextual factors among sexually assaulted women to discern how these factors may differentially combine to influence women's vulnerability to sexual assault. We applied latent profile analysis (LPA) to determine meaningful subgroups of women based on interrelationships among factors that contextualize women's vulnerability to sexual assault, including prior victimization, alcohol consumption, relationship expectancies of the assailant, and assertive precautionary habits. LPA established four significantly distinct multivariate profiles of substantively different groups of women. Group difference tests reinforced the findings and aided in group profile interpretations. Implications for the development of tailored resistance and empowerment programs are discussed.     

The genuine victim and prosecutors’ charging decisions in sexual assault cases

This study examined the effect of victim characteristics and evidence factors on prosecutors’ decisions to file charges in sexual assault cases. Social scientists and legal scholars argue that sexual assault case processing decisions are affected by stereotypes of real rapes and genuine victims. They assert that complainants whose backgrounds and behavior conform to the image of a genuine victim will be taken more seriously, and their allegations treated more seriously, than complainants whose backgrounds and behavior are at odds with this image. We used a sample of arrests for sexual assault made by the Detroit Police Department in 1989 to test these assertions. We combined six victim characteristics to create a genuine victim scale, and we examined the effect of this scale, as well as a number of evidence factors, on prosecutors’ charging decisions. We performed separate analyses on cases with child victims and cases with adolescent or adult victims. We found that the genuine victim scale did not influence charging decisions in cases with child victims, but was theonly significant predictor in cases involving adolescent or adult victims. In contrast, none of the four evidence factors affected charging in cases with adult victims, and only one of these factors was related to charging in cases involving children. These findings suggest that prosecutors attempt to avoid uncertainty by screening out sexual assault cases unlikely to result in a conviction because of questions about the victim’s character, the victim’s behavior, and the victim’s credibility. This paper is based on work supported by the National Science Foundation under Grant No. SES-9010826. Points of view are those of the authors and do not necessarily represent the position of the National Science Foundataion.     

Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears

Archival medical examiner specimens may contain perpetrator DNA evidence useful in unsolved (“cold case”) homicides. The Office of the Chief Medical Examiner (OCME) histology slide archives were searched for sexual assault smears for all 376 female homicides from 1990 to 1999. Of these, the OCME had sexual assault smears on 84 of which 13 slides had sperm. Of these 13, six were still unsolved. DNA profiles were obtained on all six (5 from smears and one from swabs). Combined DNA Index System ( submission resulted in two matches (“hits”) for new suspects. In addition, three suspects were eliminated in two cases. Our review of archival sexual assault smears resulted in DNA profiles that were able to assist in the investigation of four cold case homicide investigations. It may be worthwhile for medical examiner offices to search their archival histology slides for sexual assault smears on previously unsolved cases particularly those prior to the mid‐1990s when DNA testing was less widely available.     

Stranger and acquaintance sexual assault of adult males

This study examined victim and assault characteristics and the nature and extent of coercion, violence, and physical injuries among adult male victims of sexual assaults. Client records of three groups presenting to a sexual assault care center were included: males assaulted by a stranger (n = 64), males assaulted by an acquaintance (n = 81), and females assaulted by an acquaintance (n = 106). Study results revealed that male victims of sexual assault tended to be young, single men who reported high rates of vulnerabilities such as homelessness and physical, psychiatric, and cognitive disabilities. Male stranger assailant victims were more likely to experience assaults involving weapons and physical violence. Injuries sustained by victims and services delivered at the sexual assault care center were similar for both male and female clients. The results of this study reveal new information about violence in male sexual assaults and the vulnerability of the male victims.     

The New Trial by Ordeal: Rape Kits,Police Practices,and the Unintended Effects of Policy Innovation

One of the most highly touted improvements in the criminal justice response to rape has been the wide‐scale adoption of sexual assault nurse examiner (SANE) programs that provide specialized medical care and forensic evidence collection to victims. Though previous studies have emphasized the benefits of SANE programs in improving criminal case outcomes, this study illustrates how the post‐rape forensic examination can also discourage reporting, investigation, and prosecution. Interviews with local rape care advocates across the United States show how the increasing emphasis on forensic evidence collected through rape kits may provide an opportunity to reflect and enact persistent law enforcement stereotypes toward sexual assault complainants. Unless police resistance to taking rape seriously is confronted and addressed, even well‐intentioned policy reforms such as SANE programs may end up undermining—rather than enhancing—fair and thorough investigation of sexual assault allegations.     

The effect of sexual stratification by race on arrest in sexual battery cases

LaFree finds that in most respects officials react more seriously to black assailants who assault white victims than other suspects. Yet paradoxically black assailants who assault white victims are not more likely to be arrested. He explains this apparent inconsistency by proposing that place of incarceration or length of sentence have to do with the seriousness of the offense, whereas arrest has to do with whether the assailant is guilty or innocent. This paper rejects that distinction, arguing that both involve judgments that reflect the influence of similar factors. Several such factors are examined in an analysis of 347 offense reports on sexual battery in Tallahassee over a recent five-year period. The data show that exceptionally cleared cases are the rule in black assailant-black victim (BB) rapes where victims and assailants are mostly acquainted, whereas cases pending predominate in black assailant-white victim (BW) rapes where victims and assailants are mostly strangers. When victims and assailants are acquainted, proportionately more arrests are made in BW rapes than in BB rapes. These findings are consistant with conflict theory’s position that powerful groups enforce sexual-property rules by the differential application of criminal law and punitive sanctions.     

Novel recovery methods for biological materials in cases of alleged sexual assault: A word of caution

Many believe that an increase in the public confidence in the investigation of sexual crimes, and in conviction rates, will lead to an increase in the reporting of these crimes. Consequently, Forensic Science Providers are continually striving to make improvements in evidence recovery and examination and the subsequent interpretation of evidence. One development is in methods that enable an individual to self-sample. However, in cases where a complainant has self-sampled, questions of when the samples were taken, how they were stored and so on, can be legitimately raised. Additionally the continuity and integrity of evidential samples may be questioned resulting in them not being acceptable to the courts and potential evidence could therefore be lost. There is a large emotional and psychological impact of sexual assault and rape and no complainant who reports a sexual assault and recovers material should have that evidence inadmissible to a court. Specialised units for victims of alleged sexual violence are available and offer far more than the recovery of evidential samples. This commentary on behalf of the Faculty of Forensic & Legal Medicine (FFLM) and the Association of Forensic Science Providers Body Fluid Forum (AFSP BFF) highlights the need for after care for the victims of sexual assault and why all evidence recovered in cases of alleged sexual assault and sexual violence should be obtained in line with best practice protocols.     

Perpetrators of sexual assault continuing to have sex with their victims following the initial assault: evidence for evolved reproductive strategies

Among a sample of college students, roughly 30% of the women and 12% of the men reported having been the victim of a sexual assault sometime in their lives. Of the assault victims, approximately 23% of both sexes stated that they had sexual intercourse with their assaulters on at least one subsequent occasion. Female victims of a completed sexual assault were significantly more likely to continue being sexually active with their assailants than were female victims who managed to block the assault, while no such difference was found for male victims. This would imply that some men are using assaultive tactics to secure sex partners beyond a single sexual episode, thereby enhancing their potential reproductive success in evolutionary terms. Also, men who committed sexual assault reported having had more lifetime sex partners than did sexually experienced men with no sexual assault history. Overall, the idea that sexual assault is part of an evolved reproductive strategy is consistent with findings from this study.     

Circumstances surrounding male sexual assault and rape: findings from the National Violence Against Women Survey

Much work in the area of male sexual assault and rape relies on small clinical samples. From these samples, researchers reported that most male victims were physically injured during the attack and that penetration occurred. This work rests on a subsample of 219 men from the 1994-1996 Violence and Threats of Violence Against Women and Men in the United States Survey. Findings from the National Violence Against Women Survey (NVAW) show that the vast majority of male sexual assault victims reported that they were not physically injured during the assault, that a weapon was not used, that there was no substance use at the time of the assault, and that penetration did not occur. Only 29% of male respondents in the NVAW sought medical or psychological help after the assault. Prior work may have overrepresented men who reported being physically injured and/or penetrated. An analysis is presented of how those who presented for help in the NVAW differ from the whole sample. Results show that men who presented for help were more likely to have reported being physically injured during the assault and that penetration occurred. Thus, findings from prior work make sense; however, they may not be representative of male assault victims as a whole.     

An estimate of the proportion of drug-facilitation of sexual assault in four U.S. localities

In recent years, drugs including flunitrazepam, gamma-hydroxybutyrate, ketamine, and ethanol, have become popularly associated with drug-facilitated sexual assault. Other drugs are also candidates as factors in "drug facilitated sexual assault" (DFSA). The true extent of DFSA is not known, and is difficult to estimate. We recruited sexual assault complainants at four clinics in different parts of the U.S. to anonymously provide urine and hair specimens, and to answer questions about suspected drugging, drug use, and the sexual assault incident. Urine and hair specimens were tested for 45 drugs, including ethanol, and those pharmacologically capable of inducing sedation, amnesia, or impairment of judgment. Analytical test results were used to estimate the proportion of subjects, and the proportion of all complainants to the clinic in the same time period, who were victims of DFSA. Overall, cases of 43% of 144 subjects, and 7% of 859 complainants, were characterized as DFSA. Subjects underreported their use of drugs. The role of toxicological results and history in characterizing DFSA cases is discussed.     

The Sexual Assault Nurse Examiner and the Successful Sexual Assault Prosecution

In recent years, specialized nursing skills have proliferated. On the leading edge of this phenomenon are sexual assault nurse examiners (SANEs). This article, and its supporting research, examines the relationship between the SANE, the prosecutor's office, and the disposition of sexual assault cases in Texas. All prosecutors in this highly populous state were surveyed regarding their perceptions of the contributions of SANEs to the criminal justice process. Sexual assault cases present at each stage of prosecution unique obstacles to conviction, as thoroughly explored in other publications. The gauntlet of trial is intimidating to many, if not all, of the victims of this offense. Attempts to protect the victim from unnecessary and irrelevant personal attacks have been somewhat successful. SANEs, invariably volunteers with specialized forensic training, provide professional evidence collection and continuity of support for victims and are a pragmatic innovation in criminal justice. In this article, their role is examined through the lens of the prosecutors, the criminal justice officials most significant and influential in determining the ultimate resolution of complaints filed by victims of crime. The officials polled expressed great confidence in the abilities, commitment, and overall contribution of SANEs at each phase of the process, including trial. The progress and impact of this forensic specialization in gaining judicial recognition as an expert witness is also examined.     

Long-term psychological distress associated with marital rape and aggravated assault: A comparison to other crime victims

This study compared four groups of women who reported being the victims of a single violent crime (total N = 47) and a group of non-victimized women (N = 96). Victims were divided into groups based on the type of assault (rape vs. aggravated assault) and the identity of their assailant (husband vs. stranger). The groups were compared on measures of psychological functioning and symptoms of Post-Traumatic Stress Disorder. Crime victims reported higher levels of psychological distress than did the non-victimized women across a variety of symptom areas. There were no group differences among the four victim groups on any of the measures. Women assaulted by their husbands were more likely to report that the assault was one of a series of similar attacks. Victims of aggravated assault were more likely than rape victims to report that they feared for their lives during the assault. Results are discussed with respect to societal views on the comparative severity of marital and stranger assaults.     

The epidemiology of female rape victims who seek immediate medical care: temporal trends in the incidence of sexual assault and acquaintance rape

Women who seek medical care following sexual assault are usually evaluated and treated in an emergency department (ED). Therefore, EDs can be an important source of sexual assault surveillance data. The authors compared the incidence of sexual assault presenting for emergency care in a single county during July to November of 1974 and 1991. Participants included all female sexual assault victims aged 14 and older who presented for ED evaluation. Treating physicians prospectively collected data using standardized forms. The z statistic was used to compare sexual assault incidence. There was a 60% increase in the incidence of sexual assault victims presenting for emergency care in 1991 compared to 1974, primarily due to an increase in the incidence of women presenting to the ED after rapes by known assailants. In contrast, the annual incidence of reported stranger assaults was similar in the two study years.     

Variables influencing victim selection in genocide

While victims of racially motivated violence may be identified through observation of morphological features, those targeted because of their ethnic, religious, or national identity are not easily recognized. This study examines how perpetrators of genocide recognize their victims. Court documents, including indictments, witness statements, and testimony from the International Criminal Tribunals for Rwanda and the former Yugoslavia (FY) detail the interactions between victim and assailant. A total of 6012 decedents were included in the study; only 20.8% had been positively identified. Variables influencing victim selection in Rwanda included location, segregation, incitement, and prior relationship, while significant factors in FY were segregation, location, age/gender, and social data. Additional contributing factors in both countries included self-identification, victim behavior, linguistic or clothing evidence, and morphological features. Understanding the system of recognition used by perpetrators aids investigators tasked with establishing victim identity in such prosecutions.