CL Ch. 9- Sexual Assault Investigation Procedures (p19-23) Flashcards
(40 cards)
Sexual assault conviction may be based on (blank) alone.
the victim’s testimony
*Important to seek corroborating evidence, but it is not required to prove the crime.
Victims statement to EMT- Female officer asked the victim if she was there against her will and she said “no”. Minutes later, the victim told a female EMT in the privacy of the ambulance that she was thrown to the ground and vaginally penetrated by the man’s finger. This was an excited utterance. Will this statement be admissible?
Yes.
Just because the victim had told an officer that nothing happened did not negate her later, spontaneous statement to the EMT when she felt safer in the ambulance.
Victim met the defendant on a dating website. After she arrived to meet him, her raped her. The victim communicated her distress via facebook messenger to a friend. They came up with a plan to extricate her. Even though written, these electronic message were the (blank) of a victim under the influence of a starling event.
excited utterances.
The (blank) rule allows one witness to testify about what the victim said concerning any sexual assault.
The first complaint rule.
Ex. victim initially reported to her sister that the defendant physically abused her, then later told her about his sexual abuse; sister properly testified as the first complaint because an initial complaint of physical abuse does not preclude a later first complaint of sexual assault.
What is the purpose of the first complaint doctrine?
The first complaint doctrine provides the jury with a complete account of how the accusation of sexual assault arose.
The first complaint doctrine:
Timing:
There is no requirement of promptness.
Ex 9 year delay in disclosing rape did not affect first complaint admissibility.
The first complaint witness may testify about the (blank) of the assault and the (blank) of the disclosure.
details, context
This includes the victim’s demeanor; the events or conversations leading up to it; and any other relevant information that might help the jury assess any defense theories about why the victim would make a false allegation.
First complaint rule:
True or false:
Written, texted, and oral statements are admissible.
True.
First complaint rule:
The victim’s statements started with text messages requesting her mother come pick her up because her father had forced himself on her; the text messages continued for about an hour while the mother drove; when she arrived, the victim came out and said “Pappi put his private part in my mouth”? How many separate” communications took place here, for the purpose of first complaint?
One. This was all part of one communication.
First complaint rule:
Disclosures can be made in stages, if :
“No meaningful gap in time”.
Ex. after the victim was assaulted at work, she called a coworker and said the defendant grabbed her breasts; she then shared additional details with the coworker in person once he arrived at the office; the coworker was able to testify to both conversations because the complaints were intertwined and there was no meaningful gap in time.
First complaint rule:
Successive complaints are admissible concerning: (2)
Different times; and escalating abuse.
Ex. daughter first disclosed to her mother in 8th grade that her father had been touching her genitals since 6th grade. The victim’s second disclosure was to her college advisor and concerned later abuse by her father involving penile penetration.
First complaint rule:
Multiple firs complaint witnesses if:
multiple crimes
Ex. there were two separate incidents that the victim reported, for the first time, to different people; both could testify.
First complaint rule:
Is a complaint admissible if the victim forgets making the initial disclosure?
Yes.
Ex. victim did not remember telling her brother about her cousin sexually abusing her when she was seven years old; he was still permitted to testify as the first complaint.
First complaint rule:
A defendant may offer a first complaint witness.
True.
Ex. woman was charged with raping her adopted son after she became pregnant with his child; she could introduce her first complaint to her friend to prove her son had raped her.
First complaint rule:
Does asking the victim who else she told violate the first complaint rule?
Yes.
Does a trial judge have the discretion to modify the first complaint rule in the interest of justice?
Yes.
Ex. witness is biased against the victim
Ex. witness is unavailable or incompetent
Someone else may be swapped in
The first person to receive a report- whether by phone or in person- is the :
“first complaint”
Ex. victim spoke to the 911 operator first, so the officer who responded could not testify about it.
Dispatchers and officers should perform a basic/compassionate interview, then turn the case over to investigators. The officer should
(7):
- use a calm tone of voice
- let the complainant disclose what happened without interruption
- obtain a description of the perpetrator(s)
- ask follow up questions- who, when, what, where- if necessary to learn the basic facts
- just get the complainants name and cell phone number (too many biographical questions may scare off the complainant
- explain the next step(typically hospital evaluation of interview with a detective)
- sincerely thank her for calling or talking to you.
The first complaint rules does not limit: (3)
- Eyewitness reports (also possible for one to be both an eyewitness and first complaint)
- Rape kit protocol (ex. admissible as a medical record)
- Rebuttal of defense case (ex. testimony that the victim was reluctant to talk to the the police was necessary to counteract the defense theory that she was motivated to accuse him so she could file a lawsuit.
First complaint rule:
Testimony about police/prosecutor meetings is typically:
Inadmissible.
Written school or organizational policies pertained to inappropriate sexual relations are admissible as business records during a trial, if:
they were created and distributed before the incident resulting in the defendant’s prosecution.
What does the rape shield law do, and what is its purpose?
The rape shield law prevents a victim’s prior sexual history from being exposed in court.
The purpose is to prevent a general attack of a victim’s credibility based on evidence of past promiscuity.
There are 3 exceptions to the rape shield law. What are they?
- Evidence pertaining to the victim’s bias or motive to fabricate (lie)
- Evidence of the victim’s sexual conduct with the defendant; or
- Evidence that the victim’s recent sexual conduct caused her injuries or physical condition.
- In any case, the judge must decide whether the proposed evidence is relevant.
Law enforcement agencies must preserve evidence from victims. Under 41 Sec 97B, hospitals must notify local police within (blank) of processing a sexual assault kit.
Within 24 hours.
