3.09.2012

What Is It About Those Who Have Sexual Addiction That Should Concern You About Your Child’s Safety? Part X

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Lawrence W. Daly, MSc

“A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.” Alan Turing
 
If someone was given the opportunity to investigate a case where a child had been sexually assaulted, an investigator would want to perform a background on the individual who is accused of committing the sexual act. This background would constitute a criminal, civil and domestic check to ascertain what has occurred and what is occurring in their life.

The strength of the investigation is planning each stage of the investigation. If the investigator takes the time to outline what tasks need to be accomplished than some aspects of the investigative plan will be accomplished.

It is one thing to write about the strategies and tasks, but the key is bringing everything together and then moving forward. It takes creative and innovative mental tasks to approach a child sexual abuse allegation to be complete and thorough.

To begin an investigation the investigators must have a state of mind of “questions”. The questions which raise questions about what happened, why did it happen and when it happened, what happened. These mind strategies take learning, but in order to ask the right questions, you must have the right mind set.

How does an investigator find the right mind set to investigate the case, ask the right questions, and ultimately come to a conclusion, based on an objective fact-finding investigation?

Many times an investigator will review a set of circumstances and have no idea on how to take the initial investigative step. Therefore, the investigator needs to create a well-developed investigative plan.

Steps to accomplishing a well-developed investigative plan:

1.      What do you look for in reviewing the case? -Using the Intellectual Eye-
o   “Are the facts logical and reasonable?”
o   “Would this make sense to the common woman or man?”
o   “Does this have a ring of truth to it?”
o   “That is obviously a lie?”
o   “The interviewer should have stayed at home; rather the interview was horrible and tells me nothing?”
o   “The investigation didn’t bring out specific facts that are relevant to finding the truth?
o   “Which person has the motivation to fabricate these allegations?”
o   “Why would the child say these things if the acts didn’t occur?”
o   “Where would the child obtain this kind of knowledge about sexual acts?”
o   “What are the primary and secondary motivations for the child and others to lie?”
o   “Is this a case of confused touching?”
o   “Is there a history of disharmony between the alleged victim and the States witness and the alleged perpetrator?”
o   “What will my approach be reference this witness?”
o   “It appears to me that something is amiss here?”
o   “Why, why and more whys?”

Generally speaking if the case appears from the documents being reviewed that the facts are not logical and reasonable, than the investigator may believe that they may be dealing with a false allegation.  If the investigators are logical and reasonable, then the investigator is searching for more “truth hits”, like when running a search on the Internet.  Truth hits are things investigators generally find to be true in valid sexual abuse cases.

In the investigation where sexual addicts and offenders are involved the investigator would be intelligent in deciding just how much time the addict and offender may have been expending on the Internet, viewing pornography, dealing with prostitutes, any other minor and major criminal activity, and so forth. The investigator must be complete and thorough in the work they conduct.

The need for background information is vital to the investigation as it may prove or disprove the factual aspects of the alleged crime. The investigator should be searching for biological and physical evidence. Let’s examine specifically which may tell a story about the alleged addict or offender committing or not committing the crime. Understand these are not the only factors to consider if a crime was or was not committed:

·         90 % of cases Physical Evidence RARELY located
·         Prepare or challenge the Affidavit for Search Warrant (This would be predicated upon the role of the investigator i.e. police officer or private investigator.)
·         Police generally find the following at the crime scene:
o   Magazines that suggest sexual conduct
o   Pornographic Magazines - Playboy, Penthouse and so forth
o   Condoms
o   Semen
o   Saliva
o   Blood
o   Hairs
o   Fibers
o   Documents
o   Diary written by the alleged victim, documenting the dates of abuse
o   Clothing or bedding which may have hair, semen or saliva on them
o   Computer and computer files
o   Video cameras
o   Pictures
o   Film
o   Photographs
o   Memorabilia stashes, such as underpants, photographs, jewelry and so forth
o   Pornographic Movies
o   Sex toys

These types of biological and physical evidence may prove nothing or prove the finding that a crime was committed. The investigator needs to pursue if the sexual addict or offender had these types of evidence tools and props for the purpose of committing a crime or for sexual reasons which do not constitute a crime or both.

The reason this information is important is to educate the investigator that in planning to conduct an investigation where a sexual addict or offender is involved the investigator needs to look for biological and physical evidence to prove that a crime with a child did occur. The unfortunate aspect of attempting to locate this evidence is that studies have demonstrated that 90% of the cases there was no finding of biological or physical evidence during a search of the crime scene.
With the new technology being developed on a daily basis, it is the investigator who will benefit as this new technology may lead to finding biological and physical evidence.

Tomorrow, in dealing with the sexual addict and offender the investigator must have the competence and intelligence in planning an investigation with the idea that locating, identifying, collecting, preserving, analyzing and storing evidence is an essential key to determining if a crime was or wasn’t committed.

Remember April is Sexual Assault Awareness Month. 

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




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