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LGBT victims of sexual assault are more likely than heterosexual/cisgender victims to be assaulted by _____.
A stranger
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Lesley March's "Advocate Do's":
- Contact info for victim
- Lethality assessment - share with appropriate LE & JS persons
- Obtain/provide photos of child vics at current age
- Explain victim behavior to prosecutor if approachable
- Know your role, provide support, but DO NOT TRY TO DRIVE THE BUS!
- Develop a good relationship with prosecutors
- Disclosure = Apocalypse! The child's whole world changes
- You are the expert on victims! Advise your prosecutors, cops, etc. accordingly.
- Sometimes it's better for the victim/case if you keep your mouth shut!
- Don't give legal advice.
- Talk to victim, listen to victim
- Every word anybody says to a victim means something
- Don't talk to victims about other victims
- Just explain as clearly and simply as possible what they need to know now.
- No such thing as closure for many victims
- Meet victims' needs
- You're not a guide or an advisor; you're support.
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Lesley March: Steps in a Criminal Case
- Filing of criminal charges
- Arraignment
- Plea offer
- Preliminary hearing
- Set for jury trial
- Discovery
- Witness list
- Trial
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What was wrong with rape exam services prior to SANE program?
- Poor medical/forensic exams
- Long waiting periods
- Medical personnel have inadequate training on emotional safety of victims
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Out of what movement did the SANE program evolve?
Feminist movement
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When did law pass allowing rape victims to get no-cost SANE exams without filing charges?
11-01-2009
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How long does SANE nurse have to get to hospital for an exam?
1 hour
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How long after sexual assault can sperm be located?
Up to 5-6 weeks.
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Perpetrators of ♂ sexual assault:
Are likely to have multiple victims or to have committed multiple rape acts.
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♂ victims are more likely to have:
- Multiple attackers (group attack)
- More physical trauma
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Issues for ♂ victims:
- Stigma of being sexually assaulted
- Extra stigma being a ♂ victim
- ++ stigma being a ♂ victim of a ♂ perp
- +++ stigma in certain cultures
- Makes them feel different from other guys
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What problems does the betrayal aspect of ♂ sexual assault cause?
- Worry that their sexual function has been contaminated by the sexual assault.
- "Am I normal?"
- Become enmeshed in relationships
- Base their happiness on their partners' happiness
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What are the effects of traumatic sexualization on ♂ rape victims?
- May have no sex drive
- May use sex to connect
- Focus on technique to exclusion of own pleasure
- Flashbacks
- May eroticize pain (S/M may be because shame is normalized)
- Focus on normalcy - can become obsessive, "What's normal? I don't know, but I want whatever it is." Especially if 1st sex was sexual assault/abuse.
- Confused sexual boundaries, may violate others' boundaries
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What are the effects of the feelings of powerlessness experienced by ♂ rape victims?
- It's possible penetration is more traumatic for adult ♂ victims
- May become perps because they can't accept the "oppressed" role
- Their reactions to trauma are less recognized or acceptable
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What are the effects of sexual orientation confusion/insecurity for ♂ sexual assault victims?
- Probably where ♂ & ♀ victims differ most
- Hypermasculinity
- Need to be reminded of the "bodies do body things" idea
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What are the effects of shame & gender shame on ♂ victims of rape?
- Hyperaversion to anything "gay"
- Poor body image, trouble with touch - must learn to enjoy gentle, nonsexual touch; must learn that touch ≠ sex
- Gender shame because perceives all ♂ are evil because of ♂ perp or that all ♂ are weak/inferior worthless because of ♀ perp
- Affects identity as and with ♂
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What are the three roles available to ♂ victims?
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What are characteristics of ♂ victims who take the Rescuer role?
- Excel in helping occupations: doctor, nurse, human services, social work, cop, fire, EMS, victim advocacy
- Play caretaker in relationships
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How does ♂ victimization impact substance abuse?
- Another difference between ♂ & ♀ victims
- 80% of ♂ victims have substance abuse/addiction issues (compared to 11% of ♂ non-victims)
- ♂ victims use substances/other compulsive behavior to avoid/dull pain & shame
- Huge part of homeless population (95% of ♀, 87% of ♂)
- Problem with the powerlessness aspect of the recovery movement
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What percentage of ♂ survivors experience long-term trauma?
10%
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With what are ♂ victims more likely to respond?
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What are ♂ victims less likely to do?
- Talk about sexual assault or its sequelae
- Seek help
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What are advocate roles & messages when working with ♂ victims?
- Sexual assault is not who you are, it's a thing that happened to you.
- Bodies do body things.
- Affirm masculinity, strength, competence
- Help victim understand the lies/echoes/footprints/shadows, replacing them with truth
- Be honest
- Encourage
- Respect courage, intelligence, & creativity
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What racial group is more likely to experience interracial sexual assault?
NDNs (3x more likely)
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What are additional issues for victims of color?
- White faces everywhere they look
- Less likely to report
- Less likely to seek services
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NDN victims
- Find out about tribal traditions, especially around gender roles
- Less likely to report than African American or White ♀
- More likely to report to tribal authorities
- Safer sex practices with partner(s)
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What are issues for Latina victims?
- Machisma
- Less likely to have job, skills, etc.
- More likely to have more children
- Cultural tradition of privacy
- Incest is common, families stay together
- Retaliation - fear of ♂s in family finding out and retaliating against perp **THIS IS HUGE**
- Strong cultural expectation to stay in relationships
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What are issues for Asian victims?
- Cultural tradition of privacy
- Patriarchal, ♂ head of family decides whether to report, etc.
- Gender roles
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What are issues for Muslim victims?
- Some, not all, Muslim cultures see rape as bringing shame on the family
- Some, not all, Muslim cultures require ♀ victim to marry her rapist
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What are typical sources of DNA evidence?
- Biological material
- -> Blood
- -> Saliva
- -> Sweat
- -> Urine
- -> Skin tissue
- -> Semen
- On victim's body
- -> Including under fingernails
- Clothing
- Cigarette butts
- Drinking glasses
- Furniture
- Weapons
- Ropes
- Any item used to bind victim
- Anything perp touched
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In what criminal cases is DNA evidence most often introduced at trial?
- Sexual assault
- Child sexual assault/abuse
- Homicide
- Potential to be useful in other crimes
- -> Home invasions
- -> Burglaries
- -> Drug offenses
- -> Abductions
- -> Assaults
- -> Stalking
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What is CODIS, and what information does it contain?
- Combined DNA Index System
- National, state, & local databases
- Managed by FBI
- DNA from known offenders & some arrestees
- Allows crime labs to compare biological evidence from crime scenes with databases
- Does not contain DNA profiles of crime victims
- CODIS + mito
- -> Identify human remains with database of missing persons DNA (or their close family members' DNA)
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Who has access to the information in CODIS?
- Not accessible to general public
- Not even accessible to most criminal justice professionals
- At each level (local, state, national), accessible only to:
- -> Database admin @ gov't lab
- -> Staff responsible for entering data
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What exactly is a DNA profile?
- Set of identifiers/characteristics found at specific points on the DNA molecule = loci
- Info from 13 loci constitutes a DNA profile
- Like a fingerprint
- DNA profile can be compared to other DNA profiles for:
- -> Genetic matches
- -> Exclusions
- --> Eliminate individuals as contributors of DNA found at a crime scene
- No information about race, age, medical conditions, etc. is stored - just a series of numbers
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Which offenders are required to submit samples for the database?
- Convicted sex offenders (all 50 states)
- Convicted felons (most states)
- Felony arrestees (some states)
- Any federal charge arrestee
- General trend across the country is to expand the number and types of crimes qualifying for DNA collection, including the collection of DNA samples from arrestees.
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Why do victims need to provide DNA samples?
- Reference sample
- -> Anyone who was present at the crime scene
- -> Used to eliminate or include them as contributors of DNA
- -> Sexual assault cases need reference samples from consensual sex partners within the past 3-4 days
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What happens to the DNA of the victim & other reference samples after they are collected? Do they go into CODIS?
- Reference samples are used only for comparison purposes, to distinguish from DNA of perp
- Reference samples are not uploaded into CODIS
- Some labs keep samples indefinitely
- Some labs return samples to the law enforcement agency that submitted it, but retain the digitalized DNA profile
- In many cases, the evidence becomes the property of the jurisdiction investigating the case.
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Is a victim's name attached to zir DNA during the testing process? How is the victim's privacy protected?
- The victim's name is part of the case file.
- The original sample will be labeled with zir name and case number.
- Labs have rigid confidentiality rules.
- Strict federal laws prohibit disclosure of this confidential information for purposes other than law enforcement or prosecution.
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Will the victim's personal items with potential DNA evidence (e.g., clothing) be returned? If so, when?
- Depends on several factors:
- -> May be kept indefinitely if law requires evidence used to convict be available until a specific time or occurrence (sentence has been served, exoneration, execution, etc.)
- -> May be returned as soon as prosecutor decides they are no longer needed for evidentiary purposes
- -> In some cases, a photo of the evidence may be used and the item(s) returned
- Victims should be aware that items may be damaged during the DNA testing process.
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How long after a crime can DNA evidence be collected, and how long after it is collected is it still good for testing?
- Once dry, DNA is stable
- Heat and humidity destabilize DNA
- Collect ASAP
- Sexual assault
- -> Prefer <12-24 hrs but can go to <120 hrs now
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What assurance is there that DNA samples are being handled properly throughout the collection, testing, and storage processes, especially as they are transported from one place to another?
- Chain of Custody (CoC)
- -> Every individual who has contact with evidence must be documented
- -> Individuals responsible for handling evidence are trained on ensuring CoC
- -> Documentation of CoC is crucial to credibility of evidence
- Of course it is possible for human error to occur at any point in the chain.
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Why is DNA evidence not collected in every case?
- DNA evidence may not be available or useful in every case
- -> Perp may not leave any DNA evidence
- -> Crime scene may have been contaminated
- -> DNA results may not be helpful to prove guilt in some cases
- -> Other available evidence may make DNA unnecessary
- -> Investigators may lack training or resources for DNA collection & testing
- --> Lack of resources for testing should not prohibit DNA collection - financial support for DNA analysis is available through the federal gov't
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Why does my jurisdiction limit the number of items per case that can be sent for DNA testing?
- Substantial backlog of forensic DNA evidence
- -> Some jurisdictions limit # of items to conserve resources & not compound DNA backlog
- Investigators should be trained to prioritize evidence & submit most likely items
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Why can it take so long to analyze the DNA sample? Why are some cases a higher priority than others? How do I explain to a victim that her case is a lower priority than someone else's?
- Crime labs operate in a triage fashion
- -> Continually large amount of evidence to process
- -> Limited lab personnel
- Cases that are going to court get priority because of time sensitivity
- -> Case could be dismissed if evidence not ready in time
- Cases that need DNA to exclude/include known individuals as suspect get next priority
- Cases with no known suspect get lowest priority
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What does it mean if DNA does/does not match the suspect?
- If DNA is a match:
- -> High probability that suspect contributed biological material found at the crime scene
- -> Does not mean suspect committed the crime
- If DNA is not a match:
- -> Suspect did not leave biological material found at the crime scene
- -> Does not necessarily mean suspect is innocent
- DNA is only part of the evidence
- Most crimes are prosecuted without DNA evidence
- Even with DNA match, other evidence is usually needed
- Results can be inconclusive
- -> Sample is contaminated or degraded
- -> Sample is insufficient to yield a result
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