Unveiling the Challenges of Investigating Sexual Assault- Law Enforcement Perspectives and Evolving Policies

Unveiling the Challenges of Investigating Sexual Assault- Law Enforcement Perspectives and Evolving Policies

To date, the criminal justice system has experienced increasing difficulties investigating and prosecuting sexual assault cases. Challenges, such as negative officer perception of the victim, police subscription to rape-acceptance myths in society, and poor victim cooperation during sexual assault investigations impede speedy prosecution significantly. Police officers also experience difficulties in making decisions to arrest a sexual assault perpetrator because of the rape shield laws, which sometimes discredit the victim. When handling a sexually assaulted survivor, it is essential that law enforcement officers check for their reception of care before proceeding with investigations and making the decision to arrest and submit the case to a court of law for perpetrator prosecution. Medical management of post-sexual assault victims increases their willingness to cooperate with law enforcement officers during investigations. The extensive analysis of sexual assault and the challenges law enforcement officers experience during investigations provides sufficient information to explain trauma management techniques for victims.

Law enforcement officers have cited several challenges when investigating sexual assault complaints received from victims. Firstly, some victims discredit their chances of receiving justice after they rationalize why they should keep in touch with the perpetrator even after the sexual assault ordeal. These victims continue to communicate with the perpetrator, and even if there is a good reason for them to do so, law enforcement officers begin doubting their desire for help within the criminal justice system (O’Neal & Hayes, 2019). Police officers also perceive these victims who continue to communicate with the sexual assault perpetrator as being non-credible and even consider the survivor’s motive to lie before seeking criminal justice help.

Secondly, police officers experience problems apprehending sexual assault criminals if they have the ingrained beliefs that women “attract rape” through their risk-taking behavior. Some law enforcement officers intentionally delay sexual assault claims investigation if they learn that prior to the rape, the victim was intoxicated or was dressed skimpily. These officers also refuse to apprehend perpetrators if the victim reveals that they are a sex worker and were sexually assaulted in their line of duty. Furthermore, some police officers may refuse to apprehend a sexual offender if they learn that the victim was walking in the dark when they were sexually assaulted, perceiving this as risk-taking behavior that attracts rape (O’Neal & Hayes, 2019). Further, in some cultures, rape is justified if it is executed within the confines of marriage. If a sexual assault victim from this culture reports their ordeal to a police officer who believes that rape within marriage is not offensive, they will not receive any help or it will be intentionally delayed.

Lastly, the rape shield laws instituted by some states to protect the victim from being publicly humiliated may reduce their opportunities to receive justice. In many states, sexual offenders are not allowed to use the victim’s sexual history as evidence that they “attracted rape.” (McGlynn, 2017). If a defendant says the sexually assaulted victim was a sex worker who exposed themselves to rape, then this evidence is discredited by the jury and judge. The court also bans law enforcement officers or the sexual offender from giving the public detailed information about how the rape was executed and the circumstances prior to the offense being conducted.

While the rape shield law is effective and protects the already fragile victim’s mental health, it may also discredit their chances to receive justice. For instance, a malicious prosecutor may use the rape shield laws to influence the jury to make a wrong decision, by claiming that since the victim’s sexual history is inadmissible in court as evidence, then the rape case should be dismissed altogether. The prosecutor may also use the “motive to lie” approach when prosecuting a rape case, arguing that refusing to reveal the victim as a sex worker could help investigate reasons for their vulnerability to rape, but because this data is made intentionally unavailable by the court, then the victim may as well have lied about their ordeal.

There are several ways to help sexually assaulted victims manage the trauma they experience from being sexually assaulted. Firstly, it is essential that the sexually assaulted victim receives medical care post-rape. In some circumstances, the victim suffers physical injuries that may become infected if not treated promptly. If the sexually assaulted survivor is a female and is within the child-bearing age, they may be highly vulnerable to unwanted pregnancy after the ordeal. Further, the victim may be exposed to sexually transmitted illnesses, such as HIV and hepatitis. The sexually assaulted victim could also sustain minor abrasions and cuts or bone fractures if they attempted to fight the perpetrator during the ordeal but were overpowered. Therefore, when a sexually assaulted victim reports their ordeal to law enforcement offices, they should be directed to medical centers that provide post-rape care. The victim’s wounds will then be cleaned and dressed, and if their injuries are intensive, they may be admitted for several days. The medical practitioner should also administer post-exposure prophylaxis medication to the rape victim within 72 hours to protect them from acquiring HIV (Peeters et al., 2019). Lastly, the medical personnel should ensure the patient receives an emergency contraceptive if they are within the child-bearing age to protect them from being pregnant by the sexual offender.

The sexually violated victim should also be directed by law enforcement officers to psycho-social care providers to help them deal with the stress, depression, and anxiety they may experience after the ordeal. Many sexually violated patients develop severe mental health challenges if this problem is not addressed early. Therefore, there is a need for the sexually offended patient to receive counseling to help them understand that they did not “attract rape,” even if they had engaged in risky behavior before their predicament (Brown et al., 2019). The victim should also learn how to cope with feelings of worthlessness they may experience post the rape ordeal and when to go for in-patient care if they are unable to process the pain they experienced using strategies suggested by the therapist.

Lastly, the criminal justice system should ensure they conduct a speedy investigation and apprehend the sexual offender as a way to help the victim ease their trauma. During the ongoing investigation, if the victim is cooperative, the law enforcement officers assigned to the case should use P3 forms provided by the medical center where the patient received care to prove they are guilty and should be arrested (O’Neal & Hayes, 2019). Law enforcement officers should also deny the sexual offender bail before the case is handled by the court, to relieve the victim from fear that they will be re-attacked before prosecution of their perpetrator. Finally, law enforcement officers should ensure that the sexual offender is incarcerated for a period defined by law. In this way, the victim feels relief for receiving justice and is able to recover quickly if they experience severe mental distress after being sexually assaulted.

References

Brown, S. J., Khasteganan, N., Brown, K., Hegarty, K., Carter, G. J., Tarzia, L., Feder, G., & O’Doherty, L. (2019). Psychosocial interventions for survivors of rape and sexual assault experienced during adulthood. Cochrane Database of Systematic Reviews. https://doi.org/10.1002/14651858.cd013456

McGlynn, C. (2017). Rape trials and sexual history evidence: Reforming the law on third-party evidence. The Journal of Criminal Law, 81(5), 367-392. https://doi.org/10.1177/0022018317728824

O’Neal, E. N., & Hayes, B. E. (2019). “A rape is a rape, regardless of what the victim was doing at the time”: Detective views on how “Problematic” victims affect sexual assault case processing. Criminal Justice Review, 45(1), 26-44. https://doi.org/10.1177/0734016819842639

Peeters, L., Vandenberghe, A., Hendriks, B., Gilles, C., Roelens, K., & Keygnaert, I. (2019). Current care for victims of sexual violence and future sexual assault care centers in Belgium: The perspective of victims. BMC International Health and Human Rights, 19(1). https://doi.org/10.1186/s12914-019-0207-5

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Students will be able to analyze sexual assault and the challenges that it poses to law enforcement. In the last 30 years, policies and procedures have changed how law enforcement conducts interviews in and investigates sexual assault cases. This assignment will try to challenge a student’s assumptions of how the process works, but once into the details, the student will gain a fair understanding of how damaging sexual assault is and how it affects everyone involved.

Managing Evidence- From Scene to Analysis

In a 1,000–1,200-word essay, examine the elements of why sexual assault is very difficult for law enforcement to investigate, and discuss some potential mechanisms that you would put in place to help lessen the trauma for victims. Provide at least 2 references to substantiate your claims.
• Address why sexual assault cases are a challenge to law enforcement.
• Describe ways in which rape shield laws are sometimes used to discredit a victim.
• Cite your sources via APA.