Sexual Offending Ch.7

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Effects of Victmization

Physical Harm (pg.113)

More minor offenses NOT likely to yield physical injuries

Violent offenses that include intercourse lead to serious injury

Vics of rape and sexual assault NOT likely to face armed offenders (pg114)

less likely to do so than vics of any other violent offense

6% of sex offenders threaten c w/ weapon

Some vics don't show any signs of physical violence

BUT this DOES NOT mean the experience is any less traumatic

Also common for vics of sexual abuse (particularly abused over time as children) experience medically unexplained symptoms

Somatization - allows for vics to express emotional pain through physical symptoms

Common physical symptoms which there is no obvious cause include:

back pain

pelvic pain

headache

and vics tend to have neg perceptions of their health

No organic cause to their pain = doctors often dismiss them as hypochondriacs

Women who have been sexually abused as children score higher on the hypochondriasis scale of Minnesota Multiphasic Personality Inventory (MMPI)

debatable cause for symptoms

Somatic OR result of physical trauma that occurred during childhood victimization

Other Medical problems may occur as a result of rape-->likely to produce psychological harm:

(STDs) Sexually Transmitted Diseases

30% of rape cases

HIV .2 % of cases

Pregnancy

4/7% of women raped

Women are likely to experience psychological symptoms such as depression, anxiety, insomnia, or mental illness

Rape Trauma Syndrome and the Stages of Victimization (Pg.115)

Psychological effects of sexual abuse on vic that are perhaps most detrimental b/c long term nature

Vic are likely to feel guilt, shame, ear, anxiety, stress, and fatigue as emotional reactions to assault

May also develop: eating disorders, dissociation, and suicidal feelings

Burgess and Holstrom (1947)- conducted research on rape vics

found that men, women, and children experience distinct reactions to the offense

Rape Trauma Syndrome (RTS) clinically recognized as "stress response pattern of vic following forced, non-consenting sexual activity"

similar to PTSD - but relates specifically to the psychological effects resulting from a sexual assault

Responses to sexual assault often long term and include:

recurrent recollection of event

reduced involvement in env

hyperalertness

distubed sleeping patterns

guilt about the incident

avoidance of activities that arouse recollection

Burgess & Holstrom (1974) explain 2 phases of RTS

1. Acute Phase: lasts short pd of time immediately after the assault

includes variety of emotional responses from the vic

2. Reorganization phase: learning how to accept and cope w/ life after the sexual assault

Rape and Rape Prevention Researchers (1999) have added on to the model (above)

6 stages : denial, anger, grief, depression, taking action, and acceptance

Koss and Harvey (1991) drew on 4 sources from rape research: 4 stages of reactions

Anticipatory Phase: behavior before and during assault

use of defense mechanisms to preserve a feeling of vulnerability

Impact Phase: intense fear, anxiety, and guilt immediately after assault

Reconstruction phase: outward appearance of adjustment through a psychologically chaotic phase

Resolution phase: like reorganization phase, learning to accept and cope w/ abuse

Holmes (2002) 3 stages of sexual victimization

1. Shock: the vic experiences feelings of anxiety, guilt, and fear

similar to acute phase RTS

stage occurs for short pd after victimization

2. Denial: most vics of sexual assault, when vic tries to forget about abuse

complete or partial denial of event

suppression any feelings of guilt and anxiety

Vic tries to forget about the event and return to norm routine

3. Integration: the impact of the abuse is fully absorbed (Pg. 116)

often experience emotional problems such as grief and depression

before attempt to integrate experience into lives

learn to cope w/ trauma & many of psychological or physiological symptoms begin to subside

Vic may have nightmares reliving experience or fear

Personal and work relationships may be affected

vics begin to accept abuse and try to adjust

Psychological Reactions

Most Prevalent psychological reactions: fear and anxiety

Fear created during the act itself

fear leads to nervousness/anxiety about future sexual assaults

ultimately leads to generalized anxiety

Many abused children suffer from anxiety related disorders

phobias, panic disorders, OCD, & sleep disturbrances

(OCD)- Obsessive Compulsive Disorder

usually appear as a washing ritual

symbolizing cleansing of vic from abuse

Many women (particularly if adolescents when abused)

resort to dangerous eating disorders and weight regulation practices

Bulimia: binge and purge repeatedly

Alcohol and substance abuse also common

Depression

especially if abuse was ongoing and perp was someone close to vic

Calhoun and Atkeson (1991)

describe how vics are likely to experience variety of depressive symptoms immediately following the abuse

crying spells, fatigue, feelings of guilt and worthlessness, sense of hopelessness, and suicidal thoughts

also experience low self esteem an self-blame

likely to withdraw from social interaction

which can further perpetuate the depression

When vic need the most support they often avoid those close to them (pg.117)

generally show fewer symptoms w/in 3-4 mths

although many vics experience long term depression and her disorders that help them cope w/ the trauma

Dissociative Disorder: a disruption of the integrated functions of consciousness, memory, identity, or perception of env

common in vics abused at a young age

allow vics to depersonalize traumatic events and/or remove the event from their memory

Extreme cases of sexual abuse can lead to severe mental problems

Mental breakdowns, psychological disorders (ex. schizophrenia), or personality disorders ex. multiple personality disorder)

Sexual abuse also affects how vics dev and maintain relationships

BOTH male & female vics may experience sexual dysfunction as a result the rape

may result in altered sexual practices:

avoidance of sex, inc sexual activity, loss of satisfaction w/ sex

Women in particular are likely to o through pds in which they feel angry w/ everyone close to them

Childhood sexual abuse my lead to sexual dysfunction or sexual promiscuity

For most vics effects are short term

Healing AGAIN dep on support sys

Diff in gender reactions to abuse

Women

more likely to internalize their reactions

more likely to suffer from psychological and emotional probs

or physically harm themselves rather than others

Some need to talk, others remain in denial stage for along timme

More likely than men to experience behavioral responses

crying, pulling out hair, hitting, or burning themselves, substance abuse, and adverse sexual behavior

Some women act out and abuse others or partake in criminal acts

Harlow (1992) examined prior abuse of those serving correctional than in general pop

57.% females in state institutions

39.9% in federal instiution

47.6% in jail

40.4% probationers

all abused prior to conviction

Men (pg.118)

More likely to externalize their feelings

As a reaction to assault some male vics tempt to reassert their masculinity through the stigmatization (labeling) of others

comes from feelings of anger and need to retain power and control associated w/ today's societal view of masculinity

B/c of this inclination to act out some boys who are abused go on to abuse others

Socially, Male Rape is Stigmatizing

b/c of shame associated with men who have been raped

many vics not likely to report crime

Male vics often feel confusion over sexual id after rape

Male rape like female rape : often wedded to feelings of power and domination

male vics likely to feel self-blame and embarrassment that they couldn't prevent victimization

compounded if throughout the rape they experience an erection and/or ejaculate

vics associate this with pleasure and consent - when really a natural physical reaction

Groth & Burgss (1980) explain how rapists try to get the victim to ejaculate

thereby reinforcing the feelings of power and control and the myth that the vic "wanted it"

Children who are vics of sexual abuse

also experience psychological and atypical behavior

National Institute of Justice Report describes several common reactions by chidlren who were sexually abused:

Similar to adults: guilt, shame, anxiety, and fear as well as physical reactions (like STDs and somatic injuries)

psychological disorders: multiple personalities, neuroses, and character disorders

poor self-esteem, self-blame, and need to please others

could result in long term depression , destructive behavior, and suicidal thoughts

Age related probs

poor concentration in school which often leads to bad grades

Act out physically andexually

w/ antisocial or delinquent behavior

and over sexual behavior such as masturbation

A single diagnosis of "sexually abused child syndrome" has been all but discarded due to variance in vic type and length of abuse

Secondary Vics (pg.119)

Secondary vics: ppl who are close to person who has been sexually abused

also significantly affected by sexual abuse

these indiv must help vic cope w/ abuse and work through psychological reactions that emerge

may include- parents, friends, employers, etc

Many these indiv may need counseling themselves in order to understand the offense and help the vic overcome the trauma

When considering child sexual abuse

Most important roles = parent Most important role = Mother

paretns of abused kids have varying lvls of knowledge on abuse

as a result, varying feelings of guilt, negligence, and responsibility

Johnson describes the models of mothers of incest survivors se don their knowledge of the abuse and reactions to it

1st model: Collusive Mother

knows the abuse is occurring and ignores it

this mother is lacking in guilt, and anxiety about the abuse as well as may be psychologically impaired and has pushed daughter into the situation

2nd Model: Powerless Mother

may want to help her child but can't b/c she is weak and defenseless compared to father

this mother is often a vic herself and is either physically or emotionally unable to keep the abuse from happening

3rd Model: Protective Model

Able to assist the child once she becomes aware of the abuse b/c she has alternative resources available outside the marriage

generally surprised to find out about the abuse and is likely to feel guilt that it happened and empathy toward her child

both parents and siblings likely to experience emotional reactions to abuse

denial, disbelief, remorse, regret, and even trauma

When the abuse is interfamilial the family is likely to go through significant changes

b.c in most cases either vic or perp will be removed from home

this uprooting = disruption in entire fam = emotional trauma

especially for vic who may feel like the root of the cause

The spouse or partner of a rape vic also plays significant role in the recovery process

Rape elicits a stronger neg reaction from partners than any other violent criomes

in some cases leads to vengefulness or a lack of support for the vic

Sexual Abuse and The CJS

Once vic reports sexual abuse (pg.120)

hospital must conduct medical examination to collect evi and test for any signs of sexual assault

police begin collecting evi from crime scene, vic and offender (if known)

Once suspect is arrested - prosecutor takes over the case

asses whether the charges should be made, and if so what they should be

also has option of offering offender a plea bargain

If the case goes to trial, prosecution must w beyond a reasonable doubt that the sexual offense has occurred

there have been changes to the cjs over the past 2 decades in response to vics of sexual assault

The Hospital (pg.121)

Key institution in rape investigation b/c its often the first place that vics go to be treated after an assault

Goal of hospital: to examine vic and take evi relating to the offense

Medical exam must be thorough = can be intrusive and quite long

vic spends several hours at hospital while staff treats them medically and psychologically

Has 3 duties in terms of helping vic of sexual abuse:

1. Examination

physical exam, pelvic exam, collection of lab samples, and questions about the offense and perps

primary purpose is to determine if there are physical indications of crime

and to preserve the evidence if so

In many cases, vics don't go right after crime has occurred

some who do, even shower or bathe right after the sexual abuse washing off evi

In cases where forensic evi is extracted, some perps claim that that only proves sex happened and claim it was consensual

another purpose --> determine whether vic has contracted any STDs or is pregnant

If infected, hospital must offer vic treatment and/or counseling

Many hospitals offer morning after pills for vics with pregnancies

taken w/in 48 hrs = effective

otherwise = abortion

Cases of child abuse - other forms of difficulties extracting evidence

some doctors wont do vaginal examination on children

Usually consists of examining the hymen which can be stretched or broken in many ways, not just through sex = inconclusive

Studies show mixed results for effects hospital examinations have on children (pg.122)

some researchers claim it takes as much of a toll as the abuse

Others say it is not that traumatic for most kids

ONE IMPORTANT FACTOR: demeanor of the doctor

2. Treatment

3. Postexamination

What Hospitals should do to reduce lvls of trauma adult and children victims

should offer support throughout the exam and subsequent treatment

All hospitals should have rape designated facilities

in order to ensure proper collection of evi and medical psychological treatments for vics

SANEs - Sexual Assault Nurse Examiners

forensically trained nurses; specifically taught how to conduct evidence based exams on sexual vics

The Police

Sexual assault is diff from other criminal offenses b/c:

usually a private offense: takes place in home of vic or perp

difficult crime to prevent

police response is almost always one of control after crime has been committed

police have 3 primary duties i case sof sexual assault:

1. interview the vic

the vic is likely to be the only witness to the crime (pg.123)

adult vics often reluctant to speak to police b/c of the intrusive and personal offense

Police should be trained in interviewing vics of sexual assault - to not appear patronizing, overprotective, and be aware of vic's desire for privacy about the situation

In order to get most accurate and thorough info- police may come across as interrogating vic

vic may think that they don't believe their side of the story

The police should not consider emotional outbursts,or forgetfulness as a result of false allegation

as vic may forget details of the crime

child witnesses

majority dealt through social services or family courts

Interviewer must be trained in order to illicit info from child

Especially important to build report (trust) with child victims

Interviews more effective is child is relaxed

often conducted in familiar place, like home or child advocacy center

National Institute of Justice- 3 main techniques used in questioning Child vics of Sexual abuse

1. Interviewer may use anatomically correct dolls

reduces stress for child, reduces vocab gap between child and adults,reducing embarrassment for child

May have adverse effect- provoking neg emotions related to abuse or contaminating their memory at sight of genetalia

2. normal interview techniques but w/ leading questions

risky but often necessary to elicit info

may lead to false memory

3.Use videotapes

reduce # of interviews

show child's body language in response to questions

can be used as evi in court

During the interview the competency and maturity of child must be established

should begin w/ personal questions about vic's background

then establish lvl of maturity through personal questions about religious affiliation, and establishing concept of time like week, days, etc

vocab must be age appropriate

finally interviewer should provide reassurance compassion to the child throughout the interview (pg.124)

as well as praise and assure child is not in trouble

2. investigate the crime

3. collect evidence

The Adversarial Process

Once police have investigated crime, and arrested perp adjudication process begins

several steps and case can be dropped or settled through plea bargain at any time

After perp is taken into custody and booked - they go before court for initial appearance

judge then makes decision on pretrial release or not

likely the defendant will be released on their own recognizance or on a bail

unless very serious crime

based on nature of the crime, safety of releasing person into community, and best interest of the accused

After initial appearance, formal charges are filed against defendant (pg.125)

case is given to prosecutor

who makes decision whether there is enough evi to indicate defendant committed the crime -is so what the charges are going to be

If prosecutor decides to proceed, case will be brought b4 jury or bench (in preliminary hearing) to determine if there is enough probable cause to go to trial

Once there's a formal charge- the defendant is arraigned and enters a plea

most defendant plea guilty at this pt

for those who plea not guilty

case goes on to trial

Takes months/years for trial and often dismissed at various stages throughout the adjudication process

Due to lack of witnesses most often times vics have to testify against offender and be cross-examined by defense

b/c of proof beyond a reasonable doubt..

sex offenders are rarely convicted if the case is based on the word of the vic

Some fundamental changes that can be made in the way vics are treated

Victim centered legislation in united Kingdom

1990- Victims Charter

doc outlining rights of vics and what they can expect from cjs agencies

set out uniform standards of service for vic support

nationally mandated code of practice

ensures consistency throughout the country and constantly developing

established collaboration bewteeen agencies

Role of the Prosecution: Dismissal, Plea Bargain, or Trial

Many factors that go into decision of whether to file charges

Most important = strong evidence

Must look at credibility of vic- who will inevitably take the stand (pg.126)

may look for ways vic displays rape-relevant behaviors

or has participated in criminal behavior in the past, behavior a defense attorney will likely exploit at trial

Duty of Prosecutor - "Simply" secure a conviction

if case goes to trial it is the burden of the prosecutor to prove the defendant committed the crime beyond a reasonable doubt

Low conviction rates w/ sexual offenses due to:

lack of witnesses, lack of forensic evi, and clever defense tactics to undermine vic's credibility

unless there are physical marks (like cuts or bruises) it is difficult to prove physical coercion

Difficult to prove mental or emotional coercion when there is a prior relationship between vic and offender

Cases most likely to end in conviction:

those committed by strangers (THE LEAST LIKELY?!?!) where there is forensic evi

cases of child abuse where there is physical intrusion

Most cases don't go to trial

90% of cases in CJS are settled through plea bargains

Many benefits to plea bargaining for prosecutor

guilty pleas avoid investing time, expense and work of proving guilty at trial, and assures conviction

Plea bargains beneficial to defendant b/c:

may receive reduced charge, dismissal of some charges, softer label or leniant sentences

Plea bargains beneficial to Correction sysy :

shorter sentences or fewer prison sentences = reducing overcrowding

Another reason for plea bargains = high rate of attrition at each stage of cj process

mostly due to inc in aquaintance and intimate rapes and child abuse w/in fam

Most difficult cases to support w/ evi = often dismissed

Points at which cases can be dismissed:

1. police after investigation (pg.127)

if lacking evi, police wont pursue allegation

2. at initial appearance in court

24 hrs after perp was arrested not uncommon for vic to recant their statement

Other reasons:

a voided arrest due to lack of probable cause

3. The formal charge

if grand jury or judge during preliminary hearing finds lack of probable cause

no true bill or formal change

4. Pretrial change

usually due to loss of evi confession

OR b/c witness/vic is incompetent or mentally disabled and can't testify

Problems with Plea bargaining

victims often dissatisfied w/ lenient sentences given to offenders

rarely have a say on whether plea is offered

It is difficult to obtain a convection rape or sexual assaults against adults & many issues arise for child vics too

4 main issues of concern in regard to child witnesses

1. competence

2. credibility

3. children's rights

4. defendant's rights

National Institute of Justice 4 competencies that the court has established for child witness

1. Capacity for truthfulness

basic understanding between truth an fantasy as well as understanding of necessity to speak the truth

2. Mental Capacity

ability to accurately understand the act that took place

3. Memory

ability to recall correctly the specifics of the act

4. Communication

ability for child to explain in court what occurred and answer questions about the act

All states vary in provisions of child competency

4 requirements must be present in order for a child to be a viable witness

Some children have difficulty in interpreting and explaining acts of sexual abuse

which detracts from their credibility

a child abuser may not be convicted if a child doesn't testify

defendant has Amendment right to face his or her accuser (pg.128)

but this can be traumatic for child/ vic

Rape reform Laws and Defense Tactics

1970's rape reform laws have changed adjudication processes

at the time the vic was subject to "second rape"

b/c defense was allowed to bring their sexual history, chastity -or lack of-, and any motive they may have had to claim the act as rape, into account

Vic was blamed for offense

either it was suggested they lied about the offense, that they consented, or prompted the sexual encounter = not rape

It was not a crime for a husband to rape his wife

Laws were gender bias

a man couldn't be a vic, a woman couldn't be the rapist

Rape law reforms were by feminist researchers

attempted to change the laws & the perception of both offenders and vics

4 legal areas of change rep by reform agenda:

1. def of sexual offenses

2. evidentiary rules

3. statutory offenses

4. penalties for sexual offense

Reformers thought by reducing rape myths = change in public perceptions of vics = inc incarcerations for sexual offenses

Successful in many ways:

legal defs have changed

no longer gender bias

physical resistance no longer only factor to prove coercion

lack of evi corroboration for vic's testimony doesn't mean the rape didn't happen or they're lying

prevalence of rape myths have dec

inc in reporting

BUT sexual offenses are STILL difficult to prove

Rape shield laws

prohibit defense from bringing up promiscuity or character of vic & limit amt of info that can be released regarding sexual history vic

HOWEVER defense tries to skirt the laws (pg.129)

by getting vic to offer statements about past sexual / personal life

after which lawyer can ask info regarding

language used by lawyer can be bias

her "child's father" , -as opposed to husband, ask about use of drugs/alcohol -low moral turpitude

Common Defense strategies

Ward & Inserto -3

1. admitting the vic was raped- claiming the defendant is not guilty or it is a case of mistaken id

2.admit that sexual intercourse occurred but was consensual

Admit sexual encounter occurred, but deny sexual inter course

if vic didn't go directly to doctor for exam or forensic evi is inconclusive

Taslitz -4 (most meant to upset vic while on stand)

1. defense attorney may repeatedly ask questions about the rape

serves to: unnerve & find any inconsistencies in vic's version of events

2. emphasize a delay in reporting crime

if they were "really raped" they would have notifies authorities right after

3. Reveal prior relationships

particularly if there was a relationship w/ the defendant

4.trying to determine gen character of vic and appeal to gender bias if possible

Victim Treatment and Counseling

(pg. 130)

Researchers who focused on changing rape reform laws also unveiled need for vic support

Rape crisis advocates began challenging the long-held perceptions of rape vics while informing the communities about realities of rape

began forming indiv rape crisis centers across North America, Europe, and Asutralia

Now nearly in every city of U.S.

Gained assistance of established groups such as NOW- National Organization of Women

Rape crisis centers

supply the vic w/info about medical issues

pregnancy, abortion, and STDs

Advocates from the center accompany vics to police stations, court, and hospital

Although they offer information for medical and psychological treatment, they do not ll vics what to do

Do not encourage them to report, rather give them info on cjs processes if they chose to proceed

They provide vic w/ assertiveness training

through empowerment groups and self-defense seminars

Provide counseling via phone, on short- or long- term basis,

Counseling

confidential

help vics in understanding : offense, their reactions to offense, and how to protect themselves from future offense

When counseling is sought -generally n immediate postrape period (pg.131)

immediate post-rape pd = w/ in 2 weeks- 3 months after the assult

and is tends to be a short form of support

most vics attend a single session

b/c shortly after this point they reach denial stage

Role of Clinician v. Counselor

Clinician

more likely to focus on long term needs of vic

address any psychological probs that may arise in result of the rape

Both

encourage vic to express emotions resulting from assault & provide vic w/ factual info about medical and psychological symptoms and factual information on what they may experience

Kross & Harvey: 9 Benefits of group treatment process for vics

1.Reduces isolation

helps vic see others share their experiences

2. Provides vic w/ positive support

is adaptive and empowering

3. Provides validation vic's feelings

helping them understand such reactions are normal

4. confirmation of experience

vic can share experience and coping mechanisms w/ each other

5. Counteract self blame & promote self-esteem

removing blame from vic and placing it on the offender

6. Egalitarian mode of session

vic seek support and have a voice in the healing process of others

7. Opportunities for Safe attachment

safe context in which to meet, share similar feelings and bond with similar indiv

8. Share grief

with others who understand their experience

9.Contemplate and assign meaning to their experiences

while committing themselves to recovering and moving on

Male vics of sexual assault also need counseling and treatment but come across barriers (pg.132)

When seeking help at rape crisis centers

many have reported center having neg attitudes towards men

Men are less likely to seek out treatment than women

those that do, that are met w/ neg response, are NOT likely to seek further support

Children who have been abused

vics are highly likely to self-blame

due to grooming

Experience many symptoms similar to adults, but some may manifest themselves diff in adults

More likely than adults to experience psychological disorders

ex. disassociation to cope w/ trauma

Finkelhor : 4 common responses to childhood sexual abuse

1. Traumatic sexualization

confusion and distress from inappropriate sexual behavior

may lead to sexual dysfunction as an adult

2.Stigmatzation

applying self-blame

3. Betrayal

due to trusting relationship built w/ abuser

4. Powerlessness

they were unable to control the situation

If the abuse is revealed while vic is a child treatment / extensive therapy should begin immediately

unfortunately most don't report till they're adults

Adult vics of child abuse likely to receive indiv counseling

treatment tends to be extensive and long term

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