2.22.2012

Who Is This "Predator" Who Sexually Assaults Children? Part XXV



By Lawrence W. Daly, MSc

“I am a curious person and, believe it or not, I really do like to sit back and listen to people's stories”
                                                                                                                             Nina Blackwood

The “Predator” is an interesting individual who has made his/her mark worldwide and continues to victimize not only children, but the community as a whole. In some countries being a sexual offender is considered normal sex. In other countries it is a crime just to look at a young woman. The problem comes down to the different cultures and religions. In the United States anyone having sex w
Kenny Ray Morrison convicted sex offender
Image via Wikipedia Registered Sex Offender
ith children under the age of 16 years old may have committed a crime. The determining factor is generally the age of the individuals who are engaging in the act. If boyfriend and girlfriend are having sex and they are basically the same age and there was mutual consent it is highly unlikely that the sexual behavior would be considered a crime.

Law enforcement must expend its time on cases where consent is not a legal issue. If a man sexually assaults a four year old child there isn’t an issue of whether or not he committed a sex crime. The other consideration is the use of force. If the sexual offender used verbal or physical force to get the child to acquiesce i.e. submit to the sex act this is a crime.

Since most of the sexual acts upon a child under the age of 16 are common sensical and law enforcement should be expending its time investigating those individuals who have committed a crime. Most of the crimes are committed upon children the sexual offender knows or is acquainted with. In 95% of the cases the child victim knew the sexual offender. Identification is generally not an issue therefore law enforcement can focus on the facts of the crime.

Law enforcement needs to prepare a checklist when they are assigned the case to investigate. This list is as follows:

      1.      When the investigator receives the case he/she needs to organize the case so it is easily readable and the documents are available when they need to be found.
      2.      When the investigator receives the case he/she needs to review the case by reviewing any and all documents.
     3.      When the investigator receives the case he/she will need to identify the parties involved in the case. 
     4.      When the investigator receives the case he/she will need to identify what evidence if any was located.
     5.      When the investigator receives the case he/she will need to identify if there was a crime scene search for biological and/or physical evidence by the first-responder.
     6.      When the investigator receives the case he/she will need to track down the evidence to assure that the evidence was taken to the State Crime Lab for analysis.
    7.      When the investigator receives the case he/she will need to identify where the alleged sexual offender is. If the investigator finds that the first-responder placed the alleged sexual offender in custody and booked the offender in to jail the clock begins to tick and the investigator will need to prioritize this case so it is handled as a top priority.
     8.      When the investigator receives the case he/she will need to identify how many tasks need to be performed. If the investigation is complex, the investigator will need to illicit the assistance of others in his/her unit and ask them to begin tracking down witnesses or potential leads.
     9.      When the investigator receives the case he/she will need to contact the guardian of the alleged child victim and ascertain the mental and physical status of the child. If the child is capable of being interviewed then the interview needs to be performed within the next 24 hours, preferably on the day of the contact with the guardian.
    10.  When the investigator receives the case he/she will need to begin the interview process of the witnesses by priority. Most of the interviews can be conducted over the telephone and audiotaped. This will allow the investigator to turn the audiotapes into the typing pool so the interviews can be immediately transcribed.
     11.  When the investigator receives the case he/she must be building a case that can be presented to the prosecutor. This is the reason it is necessary that he/she tracks all of the investigative steps. If other investigators are assisting the investigator then he/she needs to establish a communication system so the lead investigator knows exactly what is happening in their portion of the investigation and what further leads were developed and need to be followed-up on.
     12.  When the investigator receives the case he/she needs to contact the State Crime Lab and ascertain if they need anything from the investigator in order to obtain the analysis of the biological and physical evidence. The investigator must make sure that nothing is assumed and following-up on the littlest clue or task needs to be performed.
     13.  When the investigator receives the case he/she should physically go to the prosecutor’s office, locate the filing prosecutor for that day and discuss the facts of the case. If the prosecutor is going to decline the filing of criminal charges then the investigator can slow the investigative process down.  However, if the investigator and the prosecutor decides filing of criminal charges is reasonable and logical then the investigation needs to continue at a fast pace. Depending on which court system the time frame can be anywhere from 48-72 hours before the sexual offender is criminally charged or released from custody.
     14.  When the investigator receives the case he/she needs to go to the jail and interrogate the alleged sexual offender. The sexual offender has two options, either he will ask to talk to his attorney and refuse to talk to the investigator or talk to the investigator.
      15.  The culmination of all of the above will either put a “Predator” into jail for life or release an innocent man/woman from criminal charges.

This is the last article in the series of the “Predator” and it has been an interesting subject to research and write about. As I have indicated throughout this series there are a multitude of books written about “Predators.” Some of these writings are factual and neutral and others are not. However, there are those articles and books which serve the advocacy purpose commonly seen in the child sexual assault industry. It is my goal to continue to write about this subject matter and continue this process with an objective mental attitude.





Lawrence W. Daly
253-852-6702 B/P
253-852-6704 Fax
Kent, WA




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