ALCOHOL AND DRUG FACILITATED SEXUAL ASSAULT CASES

ALCOHOL AND DRUG FACILITATED SEXUAL ASSAULT CASES

Objectives Participants will be able to: Describe how perpetrators use alcohol and drugs as a weapon to facilitate committing sexual assaults Explain common defense strategies Identify strategies for trauma-informed investigation of alcohol and drug facilitated sexual assault cases

Sexual Assault Perpetrator Tactics Perpetrators exploit vulnerability due to voluntary consumption of alcohol and/or drugs Perpetrators often deliberately and purposely provide alcohol and/or drugs to victims to create vulnerability

What Is NOT consent? The following are NOT consent: Giving in because of fear Going along to avoid being hurt Giving in because of pressure Going along to gain approval or avoid reprisal Inability to provide continued consent Agreeing to one act is not blanket consent. Consent can be revoked at any point.

Common Sedatives Perpetrators Provide Alcohol Over the counter allergy or sleep aids (Benadryl, Nyquil) Antidepressants Benzodiazepines – Alprazolam (Xanax) – Flunitrazepam (Rohypnol) – Diazepam (Valium) Barbiturates GHB – Gamma Hydroxybutyrate Ketamine (“roofies”)

Alcohol as a Weapon Socially acceptable Easy to acquire Legal

Alcohol as a Weapon Decreases the victim’s vigilance Reduces muscle coordination Increases reaction time Increases memory loss Lowers the victim’s inhibitions Society / judges / juries: – less likely to believe the victim – more likely to negatively judge the victim

Alcohol and Memory Low to moderate intoxication: – Impairs context encoding – Does not impair encoding of sensations – Resembles effect of fear and trauma High intoxication: – Impairs encoding and consolidation of both context and sensations – Does not necessarily impair implicit memories Melia LeDoux, 1996, Neuroscience, 74, 313 Bisby et al. 2009, Psychopharmacology, 204, 655; Bisby et al. 2010, Biol Psychiatry, 68, 280

Alcohol and Memory High intoxication: – Black out conscious but no memory – Pass out unconscious and no memory What do they remember before and after? – Woke up with missing clothes – Woke up with vaginal or anal pain

Sexual Assault Forensic Exam Understand delayed reporting. Ensure victim’s health and safety. Explain to victim types of medical evidence that will be collected. Ask about non-visible physical effects like injury from strangulation or suffocation. Document evidence of non-consent. Gather physical evidence, such as evidence of injuries, traces of lubricant, and DNA.

Toxicology/Ethanol Tests Clearly explain toxicology/ethanol tests and information to victim. Explain that victim will not be charged for drug use/underage drinking. Know which drugs are tested for. Understand that presence of drugs in general instead of exact drug is important. Use a toxicology expert to testify.

Trauma Informed Interviewing Best Practices Show compassion and respect. Communicate to the victim the seriousness of drug-facilitated offenses and the commitment of the agency to investigate and prosecute these crimes to the fullest. Engage in active listening. Use open-ended questions and do not interrupt: – Ask about all 5 senses: sight, touch, smell, taste, hearing. – Ask about thoughts, feelings, and emotions. This may help the victim recall additional memories. Avoid focusing on context questions. – Who, what, where, when The memories recorded are accurate, but the victim may need time to put them together (like a puzzle).

Trauma Informed Interviewing Best Practices There is no one or “right” way to react to a sexual assault Ask if the victim wants an advocate or support person Provide privacy and safety Explain what you wish to do, and why, before you do it Permit victim to participate in making decisions about various issues Encourage the victim to tell as much as they can remember Allow “open follow up” Consolidate interviews

Trauma Informed Interviewing: Alcohol and Drug Facilitated Sexual Assault Using trauma-informed techniques and questions, determine: Prior experience with drugs and alcohol How was this experience different from other times when the victim voluntarily ingested alcohol and/or drugs How much, what type of alcohol was consumed over what period What prescription or over-the-counter medications were consumed What recreational drugs were voluntarily ingested – how much, when, and how was it taken Symptoms the victim experienced, such as vomiting, hang-over, blacked out, passed out Detailed descriptions of any clothing or personal items missing

Trauma Informed Interviewing: Alcohol and Drug Facilitated Sexual Assault “What are you able to tell me about [drinking alcohol or using drugs] [that day/afternoon/night]? We are not investigating your [drinking alcohol or drug use]. We are concerned for your safety and about what happened to you. This helps us to establish an element of the crime and get a better picture of what was happening during the assault and provide you with additional support.”

Trauma Informed Interviewing: Alcohol and Drug Facilitated Sexual Assault Reassure the victim that some of the reactions they are experiencing are “usual” effects of drugs/alcohol and/or trauma Focus on periods of time that victim can remember prior to drug/alcohol ingestion and after drug/alcohol effects wore off Use sensory-based questions – what did the victim see, feel, smell, taste, and hear?

Trauma Informed Interviewing: Alcohol and Drug Facilitated Sexual Assault Explain other avenues of investigation, such as interviews with suspect(s) and witnesses, examination of crime scene, and medical/sexual assault forensic exam.

Controlled Phone Calls Done before suspect is aware of investigation Coach, brief, and debrief victim Have a victim advocate/support person present Support any decision the victim makes Prep Work: Identify an example of a successful pre-text phone call to play. Important – redact any identifying information.

Suspect Forensic Exam Can corroborate victim’s account through: DNA Fibers Hair Debris Suspect injuries

Perpetrator Defense Strategies Deny any sexual contact with the victim Admit there was sexual contact , but say it was consensual

Perpetrator Defense Strategies Denial: Your investigation needs to focus on establishing the identity of the perpetrator, the vulnerability of the victim, and the sexual acts committed without consent If the victim was unconscious, it is easier for the suspect to deny the charge by saying it never happened

Perpetrator Defense Strategies Consent defense is the most common Critical to prove how incapacitated the victim was at the time of the sexual assault Use surveillance and witnesses to establish victim’s and suspect’s intoxication levels Like a DUI case, note all obvious signs of intoxication – Blood shot eyes, odor of alcohol beverage, unsteady on feet, vomit odor Observe any noticeable injuries on victim, for example on knees and hands from falling

Perpetrator Defense Strategies Alcohol as a shield to deflect responsibility Victim blaming

Suspect Interview Lock the suspect into a story Identify the suspect’s defense strategy Corroborate the victim’s statement Identify additional investigative avenues/leads Identify additional crimes Obtain admissions/concessions and/or a confession Empathy-based suspect interviewing

Investigative Decisions Be prepared and expect the unexpected Take every complaint seriously Look for other victims

Corroboration Focused Investigation Pre-assault behavior of victim and suspect – How/why did the suspect target the victim? – How did the suspect manipulate the environment to isolate the victim?

Corroboration Focused Investigation Bartender or witness statements Bar bills Surveillance video Receipts for purchases

Corroboration Focused Investigation Information from witnesses: Who bought / poured drinks for whom? Relationship between witness / victim / suspect? How was the suspect’s/victim’s body language? What, if anything, did you overhear the suspect/victim say? How many drinks did victim / suspect / you have? Was the victim / suspect drunk?

Corroboration Focused Investigation Information from witnesses: What was communicated by victim/suspect to friends? How (text, SnapChat, etc.) was it communicated? Did the suspect/victim send videos or pictures? Did the victim’s physical appearance or behavior change after the assault?

Summary: Alcohol and Drug Facilitated Sexual Assault Cases Listen and follow the evidence Focus on the perpetrator and corroborating the victim’s account Consider the effects of trauma on memory and behavior View alcohol as a weapon and a shield Build strong partnerships between law enforcement, prosecutors, SANE nurses, and victim advocates Give space for the victim to be heard Document accurately and thoroughly