1. Most states use rape and sexual assault interchangeably (Orthmann et al., 2017). Rape can be classified as forcible rape or statutory rape, which have distinct meanings. Forcible rape is considered if the perpetrator uses or threats to use force an individual to engage in sexual intercourse (Orthmann et al., 2017). As opposed to statutory rape, where sexual intercourse takes place with a minor and without consent (Orthmann et al., 2017).
The elements of a sexual assault or rape crime are if there is penetration, no matter how slight. It must involve the intercourse of the victim’s genital or anal openings by an object or a part of the perpetrator’s body or with the victim’s mouth by another individual’s sexual organ, but most importantly without the consent of the victim (Orthmann et al., 2017). With penetration, it is not necessary for either party to ejaculate, but if consent is missing to perform any act, it constitutes the crime of rape or sexual assault (Orthmann et al., 2017). However, sexual assault cases that involve given consent while being intoxicated, mentally ill, mental retardation, or emotional disturbed Is not seen as formal consent. Also, if an individual gives consent under fear or panic, or by a child, it is not given true consent (Orthmann et al., 2017). Common evidence that can found during an investigation on a rape case are condom or condom wrappers, bloodstains, bodily fluids, or position of a body that can be taken as a sexual suggestion (Orthmann et al., 2017).
2. Sexual assualt is any nonconsenual sexual intercourse or penatration of another person. Any sexual contact that is not desired by an individual, whether it is by a stranger, friend, or partner is considered a sexual assault and seen as a violent assualt. Two of the most common acts of rape include forcible rape, where sexual intercourse occurs against another person by force or threat, and statuatory rape, were an older individual has sexual intercourse with a minor, even with consent. Rape can even occur without penitration, known as touching a victims intimate parts, digital use, cunnilingus (oral), and sexual contact of any form.
During an investigation, there are many different things investigators need to obtain before determining that a sexual crime has been committed. This can include,
· physical evidence, including sperm or dna found on or in the victim. Many times after an assualt the victim is encouraged to go to the hospital to obtian a forensic kit, where nurses will examine the victim and take samples of dna in their genitals to demonstrate contact with a suspect. Investigators are able to obtain a swab from the suspect to connect them to the crime. This also includes the clothing of the victim to demonstrate any struggle or markings.
· decpetion: investigators are able to talk to suspects and recieve information from them, and see if their story is accurate, or truthful. This could allow them to obtain a confession when confronted, or encourage them to take lie detectors.
· confessions: investigators can obtain a confession from the suspect either through interrogation, or the use of the victim to confront the suspect.
· the use of witnesses: any one in connection with the victim or suspect before the incident to determine if anything was odd, or the relationship before the actions took place.
3. Sexual assault is a violent crime and can be defined as, “intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or can not consent. Examples of sexual assault Can be grabbing without permission. Making someone give or receive oral sex. Touching a person while incapacitated. Threatening or coercing someone to have sex. Touching with an object without consent. Having sex with someone without consent. Consent is a freely given agreement to the conduct at issue by a competent person. Non consent is lack of physical or verbal resistance or submission resulting from the use of force, or placing another person in fear does not constitute consent. A sleeping, unconscious, or incompetent person cannot consent. The evidence most often encountered in sexual assault cases includes not only biological evidence (e.g., semen) but also fingerprints, impression evidence (e.g., shoeprints), and trace evidence (e.g., hairs/fibers). Investigators collect as much sample as possible from a numerous sources. Common evidence that can found during an investigation on a rape case are also condom wrappers, bloodstains, bodily fluids, or position of a body that can be taken as a sexual suggestion (Orthmann et al., 2017).
4. Sexual assault is any type of action or words of sexual nature against another person without consent. This can include things such as threats, touching, rape, blackmail or sharing images that don’t belong to you, exploitation, spying on others in private vicinities, and harassment. To determine if a victim was in fact raped, all evidence must be preserved. Including the initial interview taped. This means a rape kit should be conducted before the victim drinks brushes teeth or removes any clothing or questions should be asked about exactly what happened and the environment and location the victim was in when the assault happened. All evidence should be bagged, labeled, and preserved.
5. Sexual assault is a nonconscentual sexual act or behavior by a offender. There are different degrees of sexual assault such as rape, sexual groping, battery, fellatio, etc. The elements needed during an investigation to determine a sexual assault is no consent, any sexual act with the opening of vaginal or anal, sexual behavior involving the mouth and another person’s genitals. To find out that someone got sexual assaulted, investigators can use a rape kit to confirm the crime. Other ways they can find out is by using security cameras and to speak to some witnesses.
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