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Challenging Victims: The Delicate Dynamics of Drug and Alcohol Facilitated

Sexual Assault

Wendy L. Patrick, JD, PhD

Herb Tanner, Jr., JD

Start by BelievingStart by Believing

Victim Centered ProsecutionVictim Centered Prosecution

� Traumatic Event

� First Responder

� Follow up Investigation

� Immediate V Care

� Physical, Emotional

� Explanation of Process

� Arraignment

� Protective Orders

� Case Negotiation

� Preliminary Hearing

� Trial

� Sentencing

� Victim Impact Stmt

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No One Size Fits AllNo One Size Fits All

� Stranger Assault

� Acquaintance Assault

� Human Trafficking

� Stalking

n Domestic Violence

n Child Molestation

n Cyber Predators

n Cyber Exploitation

Can You Spot a Rapist?Can You Spot a Rapist?

Perceiving is Believing:The Comfort of CredibilityPerceiving is Believing:

The Comfort of Credibility

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The Power of StereotypesThe Power of Stereotypes

The Power of Stereotypes

Name that CandyName that Candy

What Does a Sexual Assault Victim Look Like?

What Does a Sexual Assault Victim Look Like?

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Why Victims Delay ReportingWhy Victims Delay Reporting

Other Reasons Victims Don’t Report

Other Reasons Victims Don’t Report

The Celebrity EffectThe Celebrity Effect

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Victim Perception of JusticeVictim Perception of Justice

Actions Speak Louder than WordsActions Speak Louder than Words

Actions Speak Louder Than WordsActions Speak Louder Than Words

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Post Assault BehaviourPost Assault Behaviour

� Immediate v. gradual changes

� Family, friends, co-workers as Ws

� Expert testimony

� Compare V before and after assault

Alcohol (and other Drug) FacilitatedSexual Assault

Alcohol (and other Drug) FacilitatedSexual Assault

As Old as Time Itself

"When she is drunk what matters to the Goddess of Love? She cannot tell her groin from her head.” Juvenal 

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Challenges We FaceChallenges We Face

� Intoxication- alcohol and/or drugs

� Societal views

� Pick up artist community

What Have We Learned from DUI Cases

What Have We Learned from DUI Cases

� Walking

� Alphabet

� Date/ year

symptomologysymptomology

� Unsteady

� Slurred speech

� Glazed look

� Pupils dilated

� Sweating

� Drooling

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Blood-alcohol cone. (g/dL)

Stage of alcoholic influence

Clinical. signs/symptomsK.M. Dubowski, 2006

0.01-0.05 Subclinical Influence/effects not apparent or obvious. Behavior nearly normal by ordinary observationImpairment detectable by special tests

0.03--0.12 Euphoria Mild euphoria, sociability, talkativeness Increased self-confidence; decreased inhibitions Diminution of attention, judgment, and control Beginning of sensory-motor impairment Slowed information processing Loss of efficiency in critical performance tests

0.09--0.25 Excitement Emotional instability; loss of critical judgment Impairment of perception, memory, and comprehension Decreased sensitory response; increased reaction timeReduced visual acuity, peripheral vision, and glare recovery Sensory-motor uncoordination; impaired balance; slurred speech; vomiting; drowsiness

0.18--0.30 Confusion Disorientation, mental confusion; vertigo; dysphoriaExaggerated emotional states (fear, rage, grief, etc.)Disturbances of vision (diplopia, etc.) and of perception of color, form, motion, dimensionsIncreased pain thresholdIncreased muscular uncoordination; staggering gait; ataxia Apathy, lethargy

0.25-0.40 Stupor General inertia; approaching loss of motor functions Markedly decreased response to stimuliMarked muscular uncoordination; inability to stand or walkVomiting; incontinence of urine and fecesImpaired consciousness; sleep or stupor

0.35--0.50 Coma Complete unconsciousness; coma; anesthesia Depressed or abolished reflexesSubnormal temperatureImpairment of circulation and respiration Possible death

0.45+ Death Death from respiratory arrest

0.03--0.12 Euphoria0.03--0.12 Euphoria

Mild euphoria, sociability, talkativeness

Increased self-confidence; decreased inhibitions

Diminution of attention, judgment, and control

Beginning of sensory-motor impairment

Slowed information processing

Loss of efficiency in critical performance tests

0.09--0.25 Excitement0.09--0.25 Excitement

Emotional instability; loss of critical judgment

Impairment of perception, memory, and comprehension

Decreased sensitory response; increased reaction time

Reduced visual acuity, peripheral vision, and glare recovery

Sensory-motor uncoordination; impaired balance; slurred speech; vomiting; drowsiness

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Make it a Double (Standard)Make it a Double (Standard)

Who Bought the Drinks?Who Bought the Drinks?

Alcohol + Other DrugsAlcohol + Other Drugs

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Testimony HurdlesTestimony Hurdles

n Adamant

n Reluctant

n Forgetful

n Fragile

n Impaired

n Repentant

n Hostile

n Surprise

He Said – She SaidHe Said – She Said

Show me the MarksShow me the Marks

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Juror BiasJuror Bias

Corroboration Focused Investigation

Corroboration Focused Investigation

Interview v. InterrogationVictims v. Suspects

Interview v. InterrogationVictims v. Suspects

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Sharing Sexual DetailsSharing Sexual Details

� Consider being asked by a stranger to share your most recent sexual experience—down to the most intimate details.

� Now add in details of humiliation, perversion, degradation.

Victim Centered Investigation Strategies

Victim Centered Investigation Strategies

n Time Matters

n Accessibility

n Drawing the Sting

n Increasing Comfort

Bonding with VictimsBonding with Victims

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Similarity and Self DisclosureSimilarity and Self Disclosure

Interviewing ConsistencyInterviewing Consistency

Non-traditional Victims: Appearance v. Identity

Non-traditional Victims: Appearance v. Identity

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Cultural IssuesCultural Issues

Home Court Dis-advantageHome Court Dis-advantage

Lost in TranslationLost in Translation

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The Interview Stage:Performance Expectations

The Interview Stage:Performance Expectations

She’s Emotional. He’s Having a Bad DayShe’s Emotional. He’s Having a Bad Day

Less Emotion=Less SympatheticLess Emotion=Less Sympathetic

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Emotion Increases CredibilityEmotion Increases Credibility

Sad and Exposed, Angry and Resilient?

Sad and Exposed, Angry and Resilient?

n Male V - Stronger Perceived Need for Support when expressing sadness not anger.

Why Investigators Might Delay Interviewing

Why Investigators Might Delay Interviewing

� Trauma

� Intoxication

� Transient

� Relationship to Perpetrator

� ID Issues

� Situational influences

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Why Would a V ProvideIncomplete Information?Why Would a V ProvideIncomplete Information?

� Intoxication

� Protecting the Perpetrator/ Relationship

� Cultural Barriers

� Humiliating/ Degrading Details

� Fear of Exposing Behavior(adultery, drug use)

� Trauma (Compare to Off Inv Shooting)

Divided LoyaltiesDivided Loyalties

Further InvestigationFurther Investigation

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Friends, Fans, and FollowersFriends, Fans, and Followers

The Modern ConfessionalThe Modern Confessional

Justice: The Ultimate GoalJustice: The Ultimate Goal