Chief of Police
Saratoga, NY

Finally, the investigative strategy should address any potential issue of consent. It is a known fact that the majority of sexual assaults are committed by offenders who previously knew or had some type of contact with their victim. The offender may readily admit there was a sexual act that occurred, but maintain it was consensual. The investigation will focus primarily on evidence to establish that consent was absent and that force or threat was present. In addition to the forensic examination of the victim and inspection of the crime scene location for physical evidence to corroborate non consent, the victim interview will again play a key role. To establish the assault was not consensual, the investigator must focus on several key issues. Those issues will include a detailed account of the victim's thoughts and feelings during the assault, the suspect's size and strength in comparison with the victim's, evidence of physical or verbal resistance, or intimidation of the victim and fear of harm, evidence of genital or non genital injury during the forensic examination, information about the environment in which the assault took place such as isolation, and information regarding the victim's post-assault behavior, including post-traumatic stress. Again, the importance of the investigator's interview surrounding these issues must be shared with the victim to establish an understanding of their relevance to a successful and complete investigation.

During the investigative process, the police officers assigned must, above all, make every effort to keep an open mind and refrain from judging the information obtained from the victim. Every police officer will respond differently, depending on his or her own background, personality, professional experience and the circumstances of the assault. If their respective agency provides them with a solid foundation of good training with guidelines and protocols in effectively responding to and investigating sexual assaults, there is a much better chance the offender will be identified, arrested, convicted and incarcerated. The sexual assault victim will be empowered, and the criminal justice system will avoid a situation where the victim is re-victimized by the system.

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