Lt. Mark Wynn (ret) Markwynn.com
markwynn@edge.net www.markwynn.com Wynn Consulting
Until the 20th century, it was not illegal for a man to beat his wife.
The rule of thumb expression comes originally from English common law that said that a man could beat his wife with a rod or a switch, so long as its circumference was no greater that the girth of the base of the man’s right thumb. No reciprocal right of chastisement was ever accorded to wives. For four decades in the U.S., it was legal for a man to beat his wife. 3
4
Beating one’s wife was not a crime Police were not allowed to make arrests in misdemeanor cases - UNLESS they witnessed the crime
Dramatically changed since the 1980s due to: Changes in misdemeanor laws allowing for warrantless arrests Changing social views and victim advocacy work Increasing legal liability Research focusing on the impact of arrest
5
Mental or physical illness Genetics Alcohol/Drugs Anger and Out of Control Behavior Stress The Victim!
6
70% of Law Enforcements Domestic Violence Calls have children present in the home. Children who witness severe repeated violence in the home are six times more likely to become a violent offender later in life. 8
Recognize, document and report the presence of children in the home.
Response? Given these realities of violence against women crimes, perpetrators and victims, what strategies could we adopt for better:
Prevention?
Investigations? MS/MW
1995 Nashville, Tennessee YWCA Crisis line
Victims of VAW: • Not going to be a “perfect” victim • Often delay reporting crime
• Experience trauma because of the violence • Are often threatened, afraid & reluctant • May feel powerless to stop the violence
• May have vulnerabilities that perpetrator will
exploit
newport
Perpetrators of VAW: • Plan their crimes
• Ensure there are no witnesses • Are strategic and calculating • Engage in “testing” to select victims
• Are often repeat offenders with a series of and/or
multiple victims • Escalate violence over time
The Criminal Justice System is by design and necessity, incident focused ▪ What is the intent of the offender? ▪ What is the meaning of the act to the victim? ▪ What is the effect of the violence on the victim? ▪ What is the context of any given act of violence? ▪ Consider the particulars, how much violence, coercion or intimidation accompanying the violence
Common characteristics of violence against women crimes • • • • • •
Course of conduct vs. incident-based Multiple concurrent crimes Traumatic impact Minimization by victim Underreported Serial nature of perpetrators
youtube.com
Better interviews and better evidence Give context to behavior Help with memory Mitigate secondary trauma and the long-term
health impacts of trauma Promotes healing Not understanding leads to bad outcomes and potentially long-term, devastating consequences for the victim and community
Trauma Informed Response • Myths and misconceptions impact the pursuit of justice • Delayed reporting, inability to recall details and sequence of events is common as a result of victim trauma – Impacts of trauma can be life long
• Traumatic memory is stored in the brain differently • Impacts of trauma are frequently misinterpreted as not telling the truth causing the false reporting myth
Commonly missed crimes in the context of violence against women • • • • • • •
Stalking Intimate partner sexual assault Strangulation Felony threats Weapons violations Kidnapping Witness Intimidation
“Surviving victims of strangulation assault are 750% more likely of becoming a homicide victim.” ▪ (Glass, et al, 2008).
22
Reasons co-occurring crimes are missed by officers • • • • • •
Lack of training Lack of communication Language barriers Insufficient supervisor oversight Personal beliefs and/or biases Minimization RC/MW
Impact of missing co-occurring crimes • • • • • •
Violence escalates/fatality Victim and officer safety compromised Liability issues Loss of community trust Recidivism/re-victimization Victim hesitation to report further incidents RC/MW
Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated against another. Includes physical violence, sexual violence, psychological violence, and emotional abuse.
National Coalition Against Domestic Violence http://www.ncadv.org/
27
USING COERCION AND THREATS
USING INTIMIDATION
USING ECONOMIC ABUSE POWER AND CONTROL USING MALE PRIVILEGE
USING CHILDREN
USING EMOTIONAL ABUSE
USING ISOLATION MINIMIZING DENYING AND BLAMING
CDC 2010 National Partner and Sexual Violence Survey: •
1 in 5 women have been raped in their lifetime
•
1 in 71 men have been raped in their lifetime
•
Sexual violence victimization other than rape (coercion or unwanted sexual contact) - Nearly 1 in 2 women (44.6%) - 1 in 5 men (22.2%)
• Historically most sexual violence is
committed by men directed at women, but men can be victims too… • Equity & Inclusion: our response must be culturally relevant and inclusive of diverse communities, identities, underserved and/or marginalized populations • LGBTQ victimization – underreporting
16.3% chance that rapists will end up in prison (NCPA from US DOJ stats)
In a sample of imprisoned sex offenders with fewer than 2 known victims, offenders actually disclosed an average of 110 victims
Separate sample found that sex offenders commit sex crimes for an average of 16 years before being caught (Ahlmeyer, Heil, McKee &English 2000)
1 in 4 / 1 in 5 college women will be victim of attempted or actual sexual assault during college National Institute of Justice, Bureau of Justice Statistics 10 (Dec. 2000)
As low as 16% of sexual assaults are reported (Kilpatrick, Dean G., et. al. 2007)
2013 FBI Crime Report = 79,770 rapes (legacy definition) 2013 Change in Uniform Crime Report definition for sexual
assault Sexual assault is the most underreported violent crime in the U.S.
April 2012: UN crime-fighting office announced 2.4 million people across the globe are victims of human trafficking at any one time 80 percent are being exploited as sexual slaves; two out of every three victims are women Estimated that only 10 percent of police departments in U. S. have protocols on trafficking; limited training http://www.humantrafficking.org/updates/893
• Listen to this person’s account • Pay attention to what you are hearing and how you are reacting • Turn up your volume
What did you hear?
Perception of Sexual Assault Crimes and Victims Background Dating relationship Differing levels of sexual experience Had willingly engaged in intimate activities No prior penetration with this boyfriend Was explicit she did not want to have intercourse
Perception of Sexual Assault Crimes and Victims Circumstances of Incident In his fraternity house late at night • She repeatedly said “no”, not ready, did not want intercourse • Protracted verbal persuasion (20-30 min) • She stopped saying no • He penetrated her multiple ways (1-1.5 hrs) • She did not know what to do
Perception of Sexual Assault Crimes and Victims
How did she demonstrate non-consent?
What, if any, crimes have been committed?
Perception of Sexual Assault Crimes and Victims Victim’s Reality • • • • • • • •
Was explicit she did not want intercourse Did not know what to do Aware of environment- 6 other men in house Did not scream, did not know how to scream Withdrew, watched it happen to her Pretended it did not happen Afraid to call it rape Unable to be alone with him again
Non-Stranger Sexual Assaults Common Circumstances • Delayed reporting • Victim reluctance, feeling guilty • Possible prior sexual contact • Impact of alcohol/drugs • Often less physical injury • Lack of suspect forensic evidence • Question of consent H
The Initial Interview • Conducted before the forensic medical exam • The initial interview is not intended to obtain every detail • Obtains the basic facts of the case, which allows law enforcement to continue the investigation • Victims generally are not offered a choice between a male or a female officer unless the victim makes a spontaneous request • The gender of the investigating officer is often less important than his or her sensitivity, skill, experience and understanding 42
What have you done since the offense occurred? • Don’t make this question seem accusatory • Answer will help assist with victim’s medical care, suspect apprehension, and evidence collection • Identify anyone else who may be on the way or otherwise involved 43
Establish a rapport with the victim • Clearly identify yourself as a peace officer and present identification • Be calm, professional, and confident • State what is going to happen, and why • Establish eye contact and express a desire to help
44
What’s the point of getting the suspect if you lose the victim?
• Remember the victim relies on you the officer • Actions of the first responding officer determine if the investigation is successful or not
45
“Where would you like to start?” •
Beginning with questions such as “Where would you like to start?” or “Would you tell me what you are able to about your experience?” sets a supportive tone for the interview. Asking questions in this way also invites the victim to describe what happened, their thoughts, and their feelings in their own words, which is valuable evidence to document in the case report.
“Where would you like to start?” In general, law enforcement should consider reframing • questions that start with “why”; • directives such as “explain to me…”; and • requests for a chronological account with prompts such as “and then what happened?”
Trauma-Informed Reframing “Why did you…?” or “Why didn’t you…?” “When (specific event happened), what were your feelings and thoughts?” or “Are you able to tell more about what happened when…?”
Trauma-Informed Reframing “Start at the beginning and tell me what happened.” “How long did the assault last?” or other questions asking for a chronological account. “Where
would you like to start?” or “Would you tell me what you are able to remember about your experience?” or “What are you able to tell me about what was happening before/during/after the assault?” or “If anything, what do you remember hearing during the event?”
During the Initial Interview • It is helpful for the officer to immediately express
:
–personal regret that the victim was assaulted –assurance that the rape was not the victim’s fault
50
During the Initial Interview –Reassurance that • the victim is now safe, and • that the police will do everything in their power to maintain that safety (perhaps mentioning the actual steps taken)
–Make sure you show the victim that you are competent, experienced, and professional 51
During the Initial Interview –Never touch, cuddle, or unduly scrutinize the victim’s body –Offer the victim choices rather than telling him or her what to do in a condescending manner
52
During the Initial Interview
• Be aware of your body posture and distance from the victim –Leaning toward the victim often communicates attentiveness; however, –if the victim’s response indicates discomfort from being too close, the officer should adjust 53
During the Initial Interview • Whenever possible create a sense of privacy for the victim –shielding them from the surroundings or –removing them from the scene
• Offer support services such as counselors or advocates • The victim should never be left alone 54
Assess victim’s mental and physical injuries: • Note the Note the victim’s apparent physical condition (such as bite, scratch, torture, or weapon marks or wounds) • victim’s physical posture and emotional state • Note the victim’s mental acuity 55
Assess victim’s mental and physical injuries • Victim’s reactions may not seem normal or appropriate such as smiling or laughing, seeming disinterested, etc • Officers should be aware of victim’s outward reaction since it may be the result of Trauma
56
Tom Tremblay Consulting & Training
During the Initial Interview • Try to collect the basic information regarding injuries to the victim or the suspect
–Did the assailant bite, scratch, or otherwise physically harm the victim? • Which parts of the victim’s body were harmed?
58
During the Initial Interview –Did the victim bite, scratch, or otherwise physically harm the assailant in selfdefense? •Which parts of the assailant’s body were harmed?
59
During the Initial Interview • Determine whether there were any witnesses, and briefly question them about what they saw, the assailant’s physical traits, vehicle, or direction taken
60
Drug Facilitated Sexual Assault • Use of drugs to facilitate sexual assault is fairly common • Be aware of the symptoms during your brief and detailed interview – Victim’s loss of consciousness – Missing time – Blackouts – Uncharacteristic behavior
• If you suspect drugs have been used, notify the medical professionals immediately
61
Tom Tremblay Consulting & Training
SEXUAL ASSAULT INVESTIGATION TECHNIQUES –SAFVIC – Texas Municipal Police Association
International Association of Chiefs of Police – National Law Enforcement Leadership Institute on Violence Against Women
Wynn Consulting- Domestic and Sexual Violence Prevention Training
• • • • • •
Establish Probable Cause Identify the Offender Locate the Offender Identify The Victim Collect and Preserve Evidence Assess for lethality/danger
Does she/he believe the threat?
Was it made in the presence of other people? In writing? In a recorded phone conversation or text messaging?
Is it detailed and specific?
Is the threatened act consistent with past behavior?
Have there been “rehearsals” of the act that is being threatened?
Does the threat extend to others, (the children, police, her new lover, the workplace)?
Does the threat involve murder, suicide or both?