Clothing damage analysis and the phenomenon of the false sexual assault

This paper describes three recent false sexual assaults examined at the Victoria Forensic Science Centre laboratory where clothing damage analysis assisted in the resolution of the case. Suspected false reports of sexual assaults are often sensitive cases with little other forensic evidence. Any evidential value that can be obtained is thus valuable in order to minimize any ordeal to the complainant and any suspect and to conserve valuable resources. The findings illustrate the application of clothing damage analysis in a cross section of confirmed false sexual assault reports and the fact that the forensic examiner should be aware of the potential evidential value of this kind of analysis. Furthermore, the corroboration of a victim's scenario when the investigator has doubts may be no less valuable as it may minimize the adversarial ordeal that is often faced by a rape victim.     

Oral sex--further information from sexual assault cases.

A survey was carried out of sexual assault cases submitted to the Metropolitan Police Forensic Science Laboratory during 1988 and 1989. There were 104 cases with male victims, and 1403 with females. In the all-male offences, fellatio was reported in 34%; nearly two-thirds of the acts were by the offender, one-third by the victim. In the offences on females, oral-genital acts were alleged in 22%, 78% of which were fellatio, and 22% cunnilingus. The majority of offenders were white. The few Afro-Caribbeans studied rarely performed oral sex on males or very young females.     

Y-STR DNA amplification as biological evidence in sexually assaulted female victims with no cytological detection of spermatozoa

Identification of spermatozoa is the biological evidence most often sought in specimens from rape victims. Absence of spermatozoa usually terminates biological investigations, and the victim's testimony can be contested. We assessed the utility and reliability of PCR amplification using Y-chromosomal STR polymorphisms in specimens from female victims of sexual assault with negative cytology.One hundred and four swabs without spermatozoa detected by cytology were collected from 79 alleged sexually assaulted female victims and amplification of Y-STR and of amelogenin was performed.Overall, Y-chromosome was detected and evidenced sexual penetration in 28.8% of swabs. In the population of victims examined more than 48 h after the sexual assault, Y-STR were still evidenced in 30% of the cases. These results show that swabs should be taken from victims for Y-chromosome DNA typing even after long delays between sexual assault and medical examination.     

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.     

Screening analysis for medicinal drugs and drugs of abuse in whole blood using ultra-performance liquid chromatography time-of-flight mass spectrometry (UPLC-TOF-MS)-Toxicological findings in cases of alleged sexual assault

An ultra-performance liquid chromatography time-of-flight mass spectrometry (UPLC-TOF-MS) method for simultaneous screening of 46 medicinal drugs and drugs of abuse in whole blood was developed and validated. The method includes most of the commonly used and abused drugs such as amphetamines, cocaine, benzodiazepines, and opioids. Chromatographic separation of the targeted drugs was achieved using a Waters ACQUITY UPLC coupled to a Waters Micromass LCT Premier XE time-of-flight mass spectrometer. The total chromatographic run time was 13.5min injection to injection. The estimated method LOQ is in the range of 0.06-27ng/g, which is below the therapeutic levels for each of the drugs analyzed but LSD. The extraction recovery ranged from 6% to 197% with median value 95% and mean value 82%. Matrix effect ranged from 81% suppression to 29% enhancement of the signals compared to signals obtained in the absence of biological matrix. The method was tested on 55 authentic forensic toxicology samples confirming the same positive results as found using the routine analytical procedures as well as some additional compounds. Recently there has been considerable attention paid to drug-facilitated sexual assault and the toxicological findings in these cases. As part of a pilot study to investigate the prevalence of medicinal drugs, drugs of abuse, and alcohol in victims of alleged sexual assault, biological specimens were obtained from 167 victims being examined at the Sexual Assault Center in Aarhus, Denmark. The obtained blood samples were analyzed using the novel screening method supported by additional analyses for e.g. THC and alcohol. 124 victims reported they have been drinking alcohol prior to the assault (74%). Alcohol analyses revealed 59 positive findings (48%). 35 of the cases were found positive for one or more drugs excluding alcohol (21%). 20 of the victims reported they have been subject to a drug-facilitated sexual assault (12%). For the victims suspecting drug-facilitated sexual assault, the toxicological analyses revealed four positive for alcohol and nine victims were positive for one or more drugs, with six of the victims found positive for benzodiazepines or other drugs with sedative effects. It was notable that victims tested positive for medicinal drugs and drugs of abuse as well as victims of alleged drug-facilitated sexual assault in average underwent medical examination later than the whole study population.     

Sexual assault complainants on the stand: a historical comparison of courtroom questioning

Because most cases of alleged sexual assault involve few sources of evidence, the complainant’s testimony is crucial. In line with empirical research findings, the way in which police question sexual assault complainants has evolved to ultimately maximise both the completeness and accuracy of evidence. But has courtroom questioning changed over time? To answer this question, we compared the courtroom questioning of sexual assault complainants in the 1950s to that used in cases from the turn of the twenty-first century. Overall, lawyers in contemporary cases asked complainants more questions and uttered more words than they did historically. Complainants, too, appear to have become more vocal over time. Across the two time periods, the questioning style used by prosecuting lawyers has shifted towards a more open style. In stark contrast, the format of cross-examination questions has remained remarkably consistent over time, with leading questions still making up the bulk of the questions asked. These findings have important implications for future legal reform and legal practice.     

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.     

Evaluative approach to semen transfer in a case of alleged sexual assault: A case study

This paper demonstrates a logical framework for evaluating forensic evidence, first described by Cook et al. [1,2], using a casework example of an alleged sexual assault involving semen transfer. Here we show in real time how the case strategy can change with additional information and how to use available experience and published data to interpret the findings obtained, given the background information provided. The findings of the case are interpreted using the Bayesian approach and are reported by giving the strength of support of scientific findings for one proposition rather than a competing proposition, as per the European Network of Forensic Science Institutes (ENSFI) guideline for evaluative reporting. We believe that using this paper as a template will aid other Forensic Science Practitioners (FSP) to add value and weight to their work by assisting them in evaluating and interpreting their own findings.     

Gender ‘Hostility’, Rape,and the Hate Crime Paradigm

This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes.     

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.     

Police Responses to Sexual Assault Complaints: The Role of Perpetrator/Complainant Intoxication

This study explored the impact of victim and perpetrator alcohol consumption on police officers' evaluations of an alleged sexual assault and their reported likelihood of charging the perpetrator. Two hundred and twelve police officers were presented with a vignette depicting an acquaintance rape in which the beverage consumption (beer, cola) of both the victim and perpetrator was systematically varied. Results indicated that the officers' perceptions of the complainant's intoxication level, as well as the gender of the officer, influenced officers' evaluations of the alleged sexual assault. The more intoxicated the complainant was perceived to be, the more negatively she was viewed. Female police officers evaluated the victim more favorably than male officers. The only factors related to the officers' likelihood of charging the perpetrator, however, involved their assessment of the complainant's credibility and their perception of the likelihood that the perpetrator would be found guilty in a court of law.     

An unusual appearance of a common pollen type indicates the scene of the crime

Forensic palynology is a useful source of evidence in cases of violence committed in the open. A young girl was grabbed off the street, threatened and brutally raped. During the investigation the exact place of the rape became an issue. Growing around the scene identified by the victim were shrubs identified as Coprosma, a common New Zealand plant and one that produces abundant, easily wind-dispersed pollen. Abundant Coprosma pollen was found at the scene. The pollen were unusual in that the site was very damp, encouraging fungal growth, and fungal hyphae had penetrated the pores of many of the tricolporate pollen grains. Some grains had fungal spores inside. Coprosma pollen identical in preservational characteristics and morphology to those from the scene and containing fungal hyphae and spores were found in considerable numbers on the victim's clothes. This and rare Coprosma pollen grains and fungal remains recovered from vaginal swabs provided evidence that she had been at the scene where she claimed to have been raped. The diversity of pollen types recovered from the clothing in this case provides further evidence of the usefulness of clothing in picking up and retaining pollen from crime scenes and that obvious staining on clothes is not a pre-requisite for good pollen recovery. It also demonstrates the importance of collecting samples from different parts of the same garment in order to get a full picture of events since different parts of a garment can come into contact with different plants or different parts of the ground in a scuffle. It is also demonstrated that significant evidential material can be collected from the body, in this case from vaginal swabs from the victim. Forensic palynology should be considered in every case of violent assault, especially, but not exclusively, when having occurred in an open area subject to extensive pollen settlement.     

Assessment of the Yfiler® Plus PCR amplification kit for the detection of male DNA in semen-negative sexual assault cases

The ability to detect male epithelial cells deposited during digital penetration or penile penetration without ejaculation is limited by the sensitivity of the Y-STR profiling kit. In this study, the relative profiling success of the Thermofisher Yfiler® Plus kit was compared to its predecessor, AmpFlSTR Yfiler®, for 104 semen-negative sexual assault samples from casework at Forensic Science SA, Adelaide, South Australia. Yfiler Plus generated allele information in 25% more samples than Yfiler and gave a higher recovery of informative alleles in all but two samples where detectable male DNA was present. Where a profile was obtained in both kits, 92% of samples gave a higher percentage of informative loci with Yfiler Plus compared to Yfiler. Yfiler Plus also resolved DNA mixtures in 15 samples as compared to 1 sample with Yfiler. Detection of male DNA with the Quantifiler™ Trio DNA Quantification kit was shown to correlate with a successful profiling outcome with Yfiler Plus. The success of profiling with Yfiler Plus was independent of the time elapsed between the alleged offence and the sample being collected, the type of sexual penetration which occurred, and the anatomical origin of the sample.     

恐怖主义犯罪的界定

恐怖主义犯罪的界定应当立足于犯罪学的角度 ,而不应限于刑法学或者政治学的范围 ;恐怖主义犯罪的目的具有层次性和多样性的特征 ,而不应锁定为纯粹的政治性目的 ;恐怖主义犯罪是有组织犯罪的一种表现形式 ,个人不能成为恐怖主义犯罪的主体 ;恐怖主义犯罪的手段不限于传统的暴力范围 ,而是日益呈现出高科技化的发展趋势 ;恐怖主义犯罪的袭击目标是特定的 ,但受害对象却具有广泛和不确定的特征。恐怖主义犯罪与恐怖犯罪、政治犯罪与黑社会性质犯罪等相近概念之间的界限有必要加以明确。     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Alleged Biological Father Incest: A Forensic Approach

Paternal incest is one of the most serious forms of intrafamilial sexual abuse with clinical, social, and legal relevance. A retrospective study was performed, based on forensic reports and judicial decisions of alleged cases of biological paternal incest of victims under 18 years old (n = 215) from 2003 to 2008. Results highlight that in a relevant number of cases: victims were female; the abuse begun at an early age with reiteration; the alleged perpetrator presented a history of sexual crimes against children; sexual practices were physically poorly intrusive, which associated with a forensic medical evaluation performed more than 72 h after the abuse, explain partially the absence of physical injuries or other evidence—these last aspects are different from extrafamilial cases. In conclusion, observations about paternal incest are likely to exacerbate the psychosocial consequences of the abuse and may explain the difficulty and delay in detect and disclose these cases. Few cases were legally prosecuted and convicted.