Sex Crimes Investigation
Sex crimes investigation is a complex process as it involves step by step action of finding out the cause of the termed crime. Sex crimes investigation must be successful in terms of how the investigation has been conducted. This helps in the provision of a clear framework that is used to enforce the law on the accused. Sex crimes are complex and demand that a thorough processing be used in order to discover the truth on both sides. Therefore, the reality on both sides must be found out. Moreover, these crimes are the ultimate of societal evils and hence law enforcement must be followed strictly to ensure such crimes are dealt with as provided by the law. Thus, sex crime investigation becomes a job that is complex and demanding for those involved.
Generally, the law has regulations that describe how sex abuse should be dealt with. They also entail the penalties among other related terms. The sex crime is defined as a vice that is socially unacceptable and thus goes against the social norms. Nevertheless, depending on the societal values and those provided within the constitution and other related regulations. Notably, sex laws differ from one place to another. In addition, sex laws may differ with time. Thus, while investigating sex-related crimes, the officer involved must comply with the law and in the process be in a position to get to the reality of the case being investigated. It is evident that sex crime involves a large number of people as it is a complex process. This may include officers, the doctors, the victim, the accused as well as the judges who may pass the verdict whether the accused is guilty of the charges or not.
Sex crimes involve human sexual behavior that goes against the cultural norms. Thus, when someone commits such a crime, he or she is labeled as a sex offender. Most sex crimes are normally violent. Other sex crimes that are usually under investigation are those that are deemed to break the underlying social taboos such as incest, sodomy, incest among others. Although there are varied description of what may be termed as socially acceptable from one culture to another, sex crimes normally affects the majority in a negative manner and hence subject to be under investigation. On the same, the extent to which a sex offender should be charged also varies. The ways and methods that should be used to punish the offender are also variable.
Notably, western cultures normally tolerate sex acts that include oral sex. However, some cultures perceive this as an abomination. Thus, in such cultures, such an act is termed as a crime. The religious background which also varies also describes what should be considered as a crime and that should not. Therefore, due to the fact religion has spread to most parts of the world; there are wide ranges of activities that are considered as sex crimes. Tradition is also a major factor that is considered while carrying out sex investigation in any part of the world.
Many countries have laws that are used in intervening sex crimes. This mainly involves children who are said to be below the age of sex consent and that is legally acceptable. Moreover, non- consensual and deliberate display of sexual materials or activities as well as watching illicit sexual related activities also considered as crimes. Other acts involve having sex with animals, necrophilia among other others. Law has an obligation to control and regulate the process of censorship of pornography among other obscene materials. In addition, age is very important while investigating sexual crimes. It is a crime to have sex with a child. Even if the child agrees, it is said to be molestation and hence subject to investigation.
Steps followed in sex crime investigation
Sex crime investigation involves the following steps: first, identification of the sexual related homicide. In this case, the offender and the victim are identified. Normally, the victim reports the occurrence of the ordeal something that leads to the arrest of the offender and investigation commences. In the case of violent sex abuse such as rape, the victim is advised to seek medical attention which acts as a preliminary for investigation based on the doctor’s report. Police are also involved in the investigation among other people such as witnesses and members of the family of both are involved. This is important in case additional information is needed. The second step involves finding the realities of occurrence of the said crime. This is mostly where the victim may even suffer physical torture and pain. Thus, the investigators seek to find the realities of the claim. Sometimes, the victim may fake that fact that she was sexually molested. Thus, it is important to carry out the thorough investigation to avoid cases where the offender is accused wrong based on other causes or because of revenge. Thus, the allegations must represent reality and hence, law must be followed in all the cases.
The third step in sex crime investigation is closing examining the behavior of the victim as well as evaluation of the victim. It is important to evaluate the behavior of the victim. Sometimes, sex abuse is associated with other reasons and hence there have occurred cases where victims claim that they have been raped which is not the case. Moreover, some of the victims have some awkward behavior that may have led to the occurrence of the crime. For example, some women are said to wear clothes or give gestures that may led to the occurrence of forced sex. This may result in rape. However, after close investigation, it should be reported how the said rape occurred. In this stage, it is important to involve doctors in order to know whether there was a forced penetration. In case, the victim if not a minor and there was a consent before sex occurred, then, there is not the crime (Marshall, 1991). This is because; both parties have come at an agreement. Thus, the offender should not be punished.
The fourth step involves the use of proper response and procedures during the process of investigating crime. In this step, both sides involved in the crime should give their side of the story. As provided by the law, no one is guilty unless proven so by the court of law. Thus, even the offender is given a chance to defend himself as it is the case with the victim (Marshall, 1991). Therefore, an evaluation of the crime depending on the response and the claims given should be scrutinized and weighed depending on the matter at stake. On the same, proper procedures should be followed right from the time that the crime occurred to the end. Moreover, the procedures are also adhered to find out whether what is being termed as a sex crime is in accordance with the societal values of the concerned. This is because; the offence may have been committed without the knowledge of the offender. This is possible because there are variations on what is considered as a sex crime in one society in comparison to another. Thus, to give a fair judgment, it is important for the investigators to have in mind the values of both parties involved in the crime (Maguth, 2006).
Another step involves the application of the underlying legal requirements. These laws must be associated with the evidence that should be physical and not based on other observations. For instance, in order to give a common understanding. It is vital to conduct a thorough examination of the victim. The victim is always advised to seek medication in case sex abuse or rape occurs. The doctor will then be in a position to give the required physical evidence in order to advance with the investigation (Marshall, 1991). This also helps to give the truth about the case. Thus, it is vital for physical investigation to be conducted as this helps in paving way for legal requirements to be followed. In addition, the law states, in case such physical evidence is lacking, there might be no solid evidence upon which the offender will be prosecuted. Thus, physical evidence makes the work of the investigators easy and also provided the fundamental information for advancing with the prosecution.
Investigation of sex crime also provided that there must be a proper identification, collection of related information as well as transportation of information without any interference. In this vital step, the offender must be identified with clear evidence. The victim should be in a position to know without doubt who was involved in the crime (Matthew, 2005). It should not be a matter of guesswork. This is because, without proper identification, some innocent individuals may fall in the trap. It is advisable for any person who is involved in act of sex abuse such as rape to ensure that she is able to mark the offender well. This will help in collecting information and hence assist in advancing the case. Physical evidence is also important in this step. Another step is the forensic use of the found information and evidence. This is important in establishment of the proof. Proof must be established pegged on what was found physically. The victim must be able to provide physical evidence that she was rapped. Thus, evidence must be used in a forensic manner to ensure that each side is given a fair hearing during investigation. The suspect must be subjected to an interview. This step is meant to ensure that the victim is really the one and is aware of what is being suspected of. In this case, the interview is important to ensure that additional information is found out. This also serves the important role of ensuring that rights of the offender are also followed.
Sex investigation also touches on cases that involve sexual exploitation of children. More often than not, there are cases where children are raped. According to the law, anyone who has sex with a minor below a given age, whether with her consent or not, it is considered as a sex abuse or molestation. Thus, such an individual is subject to law. This is a direct crime. However, investigation is necessary to ensure that the minor was actually molested sexually . The sexual offender must be profiled according to the physical information that was gathered during the investigation. This is usually after both sides have been given a fair hearing by the team of investigators.
Common forms of sex crimes
Sex crimes highly depend on cultures. These crimes are also dependent on the role played as well as whether there was a mutual consentient. Thus, the legal jurisdictions existing may find one guilty of the sex crime for engaging in the following activities: rape, murder as a result lust, sex assault as well as abusing one sexually. This are termed as sex crimes which of course depends on other related purposes. The second one is child sexual abuse. In this case, a child who is below the age that is established by law (commonly below 18 years) is referred to as a minor. Thus, any adult who engages in sex with such a person is said to have abused the child. Moreover, even if the child could have agreed, it is termed as molestation of the child and hence liable to punishment as provide by the existing law.
Other forms of rape include spousal rape, statutory rape among others. This may take place between married couples who are not in agreement to have sex. This is a common type of rape although many cultures do not term it as a rape since the two are said to be married hence the need to satisfy one another sexually. Obscenity is also another form of sex crime. Obscenity involves the display of sexual related content without the consent of the party who is being involved. Obscenity is illegal although the degree of obscenity also differs from one country to another. For example, what the Europeans may term as obscenity may not be the case in other parts of the world such as Africa. Human trafficking with the intention of abusing the people involved sexually is also a form of sex crime. In the modern world, people have engaged themselves in human trafficking taking people especially women and girls into far countries whether they are abused sexually. They are subjected into hostile conditions in addition to being abused sexually by their masters. This is also a field that sex crime investigators have encroached to ensure that such people are rescued. Frotteurism is also another form of sex crime. In this case, it involves the sexual arousal through the process of rubbing of ones self to another person who has not consented. This is especially a stranger in social places. However, this is not common and even if it occurs, it is not reported. In addition, due to the fear involved in being accused of harassing someone sexually, it is less common.
Exhibitionism and voyeurism is also a form of sex crime. This may be deliberate or forced. In this case, it involves indecent exposure of sex organs to other people within your environs. In this case an individual exposures him or herself indecently to another person. It also involves peeping or looking into someone privacy without her consentient. Incest is also a form of sex crime. This is sex between people of the same family or close relatives. In most cultures when this occurs it is highly condemned and thus, it is rare. However, in the modern society, people are not highly following their cultures and hence it is possible to find increased cases of people having sex with their relatives. Another form of sex crime is telephone scatological. This involves exchange of obscene words through the telephone. The main purpose of the exchange of these words is mainly for sex arousal. This is a sex crime. However, many people are not aware as this mainly occurs without their knowledge. It is more termed as a crime if the two parties are not in same mode of exchanging the words. More often that not, this is not reported and hence many individuals are not aware that exchange of obscene words through the phone is a sex crime that may demand investigation. Moreover, one may be prosecuted of the offence. Sexual harassment is also a sex crime that is common. This is whether one party is subjected to sex or sexual related behavior without her or his consentient. Upon reporting the case to the relevant authorities, the offender is likely to be found guilty and hence be charged. Other sexual acts that are regarded as sex crimes include; engaging in sex with a person who you are related professionally. This is especially in the case of teachers, doctors, and police among others. Professionally, there must be a considerable degree of trust when serving people. Thus, when one engages in sex with a person who he is supposed to serve, this is a sex crime.
Sex crimes investigation as described above is a complex process that demand that those involved be on alert to ensure that the right course of law is followed. Therefore, it is important to note that the investigators into sex crime related cases follow the existing legal laws to ensure that no one is prosecuted without any justification. The offender and the victim have to follow a particular process to ensure that are able to give enough information related to the case. Legal requirements concerning sex crime investigation are followed during the course for justice. In addition, it is important to note that the basic steps that should be followed during the process of investigation are crucial and no step is omitted. Sex crime investigators comprises a team of professionals who are out on the urge to ensure that justice and fairness if adhered to. Although sex crimes differ with cultures, this fact is also followed during investigations. This is because; an offender might have engaged himself in a particular activity which according to his or her culture is socially acceptable.