Today’s Investigative Special Report – January 30, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part IV”

sexual assault awareness month display (table)
sexual assault awareness month display (table) (Photo credit: carmichaellibrary)

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

The type of perpetrator who sexually assaults children are not profiled as the same or come wrapped in a box they are different and are classified individually. They are ruthless and whatever name of classification they are given the bottom line is if they sexually assaulted a child, they need to be identified, classified, prosecuted, incarcerated, and if they are ever released from prison they will be one of the million registered sex offenders in the United States.
Individuals who sexually assault children can be profiled in that they can be anyone beginning their sexual assaults as early as the age of nine years of age; sometimes even younger. These young pedophiles generally sexually assault other children because they were sexually assaulted and begin preying on children their age or younger.
The reactions of being sexually assaulted may find the child acting out sexually or regressing into having psychological and physiological problems, most of the time dealing with depression, suicidal ideations, and so forth. Sometimes a child who is sexually assaulted believes that if they were inappropriately touched and their body enjoyed the feelings of the touching, touching others is something they may want to explore thoroughly.
If this occurs the type of touching may become aggressively intense, violent, and may lead to a child murdering another child. It happens more often than Americans realize. Children are easy targets and they should be classified as innocent and vulnerable; easily preyed upon by older and stronger individuals who seek them out because they know they can intimate, threaten, and control the child.
The seventh characteristic of “Daly’s Twelve Investigative Characteristics To Finding The Truth” is Classifying. Once a fingerprint is located, identified, processed, analyzed, the fingerprint expert will classify what type of fingerprint it is. In child sexual assault investigations (CSAI) the type of crime is classified as being a specific law was violated. The common classifications of crimes are:
1.      Child Molestation
2.      Rape
3.      Communicating With A Minor
4.      Assault With Sexual Motivation
5.      Other

These five criminal laws classifications provide specify elements for each crime to have been committed. Under each law in order to prove that the perpetrated committed the specific crime, the State must prove beyond a reasonable doubt that the perpetrator committed the specific crime and in the process sexually touched the child on her genitilia with his hands for the reason of sexual gratification.
Depending on the amount of force used during the sexual assault will determine the classification of this crime e.g. forcible rape, indecent liberties, and etc. If the perpetrator by word or actions threatens or assaults the child in any manner during the sexual assault the classification is raised to a higher level of crime with serious consequences.

California Coalition Against Sexual Assault
California Coalition Against Sexual Assault (Photo credit: Wikipedia)
Classifying - The District Detective will classify the case as a specific crime

The District Detective must identify who the victim was who was sexually assaulted. In interviewing the child victim the detective must ascertain the 7 w’s i.e. when, where, what, which, who, why, and how reference questions about the crime. Further, the detective must ask the following type of questions in order to properly classify the crime:

1.      If the child was unable to disclose that a crime occurred then the District Detective will close the case for whatever reason is presented to the detective
2.      If circumstances prevent the criminal investigation from occurring then the District Detective will place the case into his inactive files
3.      If the child was penetrated then the criminal charge is generally a Child Rape charge depending on the force used and the age of the victim
4.      If the child was not penetrated then the criminal charge is generally a Child Molestation depending on the force used and the age of the child

Sometimes when a child is sexually assaulted things go sideways for the pedophile. He my becomes too aggressive which may eventually cause the child to be seriously injured or murdered.
Jessica Lunsford Act (sometimes referred to as Jessica’s Law) enacted in 2005 by Congress and currently enacted in 43 States, with additional States seeking to pass it at this time, is a national movement to incarcerate pedophiles for twenty-five plus years depending on the type of sexual assault committed upon the child.
The response by Congress and the State Legislatures and Governors in these 43 States sent a message to those who sexually assault children that there will be a loss of freedom for life if they commit a sexual assault against a child. No longer will there be a slap on the hand attitude or response by the courts of men and women who sexually assault children.
Classifying a fingerprint, a crime, the type of victim, witness, perpetrator or evidence allows the criminal justice system to be structured in such a way that it is easy for those who work within in the system to accomplish and perform their roles and responsibilities.
If public employees are capable of realizing and grasping that their job is part of a chain of responsibilities then the system works. If along the way there is a failure by these employees to produce or commit to their jobs then it is possible that a child sexual assault victim may be re-victimized by the same perpetrator or an alleged perpetrator who did not commit the crime is found guilty and sent to prison.
Public servants must realize that there is significance to their position and the ramifications which occur when they fail the community that they serve. No one should believe the entire burden of whether a child is sexually assaulted in the future is theirs to worry about. However, they need to be concerned about their function and the impact their decisions will have on the individual and ultimately the community.
It is vital that everyone does their part and if the criminal justice system has positive and successful leadership, then classification will occur and be beneficial to those who become engulfed into the system.
Of the twelve characteristics classifying is one of the most important aspects of determining if a crime did or didn’t occur. If law enforcement agencies educate and train their personnel in understanding the relevance of classifying evidence and type of crime they are dealing with, then the parties involved and the community should be satisfied with the performance of their public employees and law enforcement agency.
With the use of the newest technology gadgets, classifying will provide law enforcement and those who work in the criminal justice system multiple avenues to innovate and create tools which will take classification of evidence, testimony, and criminal behavior to another level.
In the end, a law enforcement officer who clearly understands the laws and understands how to classify and apply the classification adequately and properly will become a leader who is intelligent and competent in the law enforcement community. Further, this new mindset should bring about an intense accountability against those who work outside the law i.e. pedophiles, and commit sexual assault crimes against children.

Lawrence W. Daly
Kent, WA

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