Module 1: Course Introduction



Module 1: Course IntroductionIntroductions Instructor and Student Introductions Instructor/Course Expectations Registration IssuesModule 2: Legal AspectsIntroduction Instructor IntroductionReview Segment Goals and ObjectivesOptional Learning ActivityAdult Sex Abuse Law 261(a) (1) RapeAct of sexual intercourseNon-SpouseAgainst will of VictimAccomplished by means of force or violenceNo consent: incapable of consent261(a) (2)Act of sexual intercourseAgainst a person’s willBy means of force, violence, duress, menace or fearResults in great bodily injuryImportant DefinitionsConsent = Positive CooperationIn act or attitudePursuant to an exercise of free willThe person must act freely and voluntarily and have knowledge of the nature of the act involvedPenal code 261.7 – Victim’s request that defendant use a condom alone does not constitute consentIf victim withdraws consent during an act of sexual intercourse and defendant continues the act defendant has committed the crime of rapeForce, Violence, Duress, Menace, FearForce – Physical force different from or greater that needed to commit the actDuress – Direct of implied threat of force, RetributionMenace – Showing an intent to harm anotherOptional Learning ActivitySeven Ways to Violate Consent Force, Violence, Duress, Menace, FearThreat of Future RetaliationUse Authority of a Public OfficeIntoxicated or Anesthetized VictimUnconscious VictimMentally or Physically Disabled VictimSpousal fraudPC 261(a)(3) Rape by IntoxicantDefendant knew or reasonably should have knownVictim was intoxicated and could not consent (AKA substance-induced sexual assault)PC 261(a)(4) Rape of an Unconscious PersonUnconscious or asleepNot aware, knowing, perceiving or cognizant that act occurredNot aware of the essential character of the act due to fraudNot aware of the characteristic of the sexual penetration because defendant said it had a professional purpose7.PC 261(a)(6) Rape by ThreatThreat to victim or any other personReasonable possibility of carrying outPC 261(a)(7) Rape by AuthorityThreat to incarcerateThreat to arrestThreat to deportPC 262 Spousal RapeRape – all the same, just by spouseVideotape InterviewHigh possibility victim will recantPC 220 Assault with Intent to Commit RapeA person was assaulted, andAssault was made with the specific intent to commit rapeThe crime of assault with intent to commit rape is complete if an assault is made and at any moment during the assault the aggressor intends to commit rape upon the person assaultedDon’t have to commit sex actGood to know: PC 2220(b) Assault to commit sex act during residential burglary…life count (means kidnap, falsely imprison, GBI or death)PC 243.4 Sexual BatteryIntimate part (Felony skin to skin) CalCrim 935Sexual organ, groin, anus, buttocks or breastFor sexual arousal, abuseAgainst victim’s will/ (Felony Restraint)PC 286 SodomyA person participated in an act of sodomy with the victim, andThe act was accomplished against the victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another“Sodomy” is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy. Proof of ejaculation is not required.“Against the will” means without the consent of the victimPC 287 Oral CopulationA person participated in an act of oral copulation with the victim, andThe act was accomplished against the victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or anotherAny contact, however slight, between mouth and sexual organ or anus of another is sufficient. Penetration of mouth, sexual organ or anus not required. “Oral Copulation” is the act of copulating mouth with sexual organ or anus of another(b)(1)?Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age. (b)(2)?Except as provided in Section 288, any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of agePC 289 Sexual PenetrationSexual penetration of sexual organ, however slightForeign object or penisPC 289(h): Act of sexual penetration with another under 18PC 314 Indecent ExposureA person intentionally exposed his private parts in any place where there were present other persons to be offended or annoyedThat person did so with the specific intent to direct public attention to his genitals for the purpose of his own sexual arousal gratification, or that of another, or to annoy or offend othersPC 289 Sexual PenetrationSexual penetration of sexual organ, however slightForeign object or penisPC 289(h): Act of sexual penetration with another under 18PC 314 Indecent ExposureA person intentionally exposed his private parts in any place where there were present other persons to be offended or annoyedThat person did so with the specific intent to direct public attention to his genitals for the purpose of his own sexual arousal gratification, or that of another, or to annoy or offend othersPC 314 Indecent ExposureA person intentionally exposed his private parts in any place where there were present other persons to be offended or annoyedThat person did so with the specific intent to direct public attention to his genitals for the purpose of his own sexual arousal gratification, or that of another, or to annoy or offend othersIn Concert OffensesPC 264.1A person committed the crime of rapeThat person did so while voluntarily acting in concert with another, andThe defendant personally or by aiding and abetting another committed the rape by force or violence and against the will of the victim“Acting in Concert” means two or more persons acting together in a group crime and includes not only those who personally engaged in the rape but also those who aid and abet a person in accomplishing itPC 287d (1) for Oral CopulationPC 286(d) (1) for SodomyDefendant does not have to commit a sex act or be presentCode Sections for Unlawful Sex with a MinorPC 261.5 Unlawful sexual intercourseNot spouse, one party over 18, one under 18Less than 3 years age difference (misdemeanor)More than 3 years (wobbler)PC 286(b) (1) Unlawful sodomySodomy with another under 14 by force, fear, duress, menaceSodomy with another over 14 by force, fear, duress, menacePC 288a(b) Unlawful oral copulationPC 289(h)&(i) Unlawful sexual penetrationHonest and reasonable mistake of age IS a defense. Consent is NOT a defense6. Sentencing EnhancementsPC 667.61Crimes to which it applies25 to life factors15 to life factorsLife factors (2010 Chelsea’s Law)PC 288.2 Sending Harmful Matter to a MinorPC 288.7 Engaging in Sexual Intercourse or Sodomy with a ChildOther Crimes to ConsiderPC 12022.8 Great Bodily Injury-Pregnancy counts as GBIPC 206 TorturePC 203 MayhemPC 205 Aggravated MayhemPC 207/209 Kidnapping/Aggravated KidnappingPC 236 False Imprisonment – with restraint: felonyPC 237 (a) False Imprisonment - without restraint: misdemeanorPC 646.9 StalkingPC 601(a) Trespass with threat of GBI: misdemeanorPC 273.5 Spouse/cohabitant/fiancé/former spouse: felonyPC 243 (e) 1 - misdemeanorPC 422 Criminal ThreatsStatute of Limitations – Consult District Attorney in applicable jurisdiction799NO Statute of LimitationsLife Sentence800SIX years Statute of Limitations*State prison, 8 years or more801THREE years Statute of Limitations*State prison, less than 8 years802(a)ONE year Statute of Limitations*Victim under 14802(b)THREE years Statute of Limitations*Misdemeanor*For Above Sections Statute of Limitations run from date of incidentSpecial Sections for Child Sex CrimesStogner Case/Limitations*File within one year to California Law Enforcement* Report by person of any age who alleges victim of felony: 261, 286, 288.5, 288a, 289, 289.5Independent Corroboration Must involve substantial sexual conduct803(f) SIX years Statute of Limitations after 1.1.88Felony803(f)THREE years Statute of Limitations before 1.1.88Felony803(g)Must be filed within ONE year from suspect’s identity is conclusively established by DNA testingStogner Limitations apply*Before 1/1/01 analysis no later than 1/1/04*After 1/1/01 analysis within two years*John Doe Warrant Filings (People v. Robinson)Requires timely DNA analysis801.1(a)Committed when victim was under 18Commence prosecution before victim’s 40th birthday.Applies to felony 261, 286, 288, 288.5, 288a, 289Stogner Limitations apply801.1(b)TEN Years Statute of LimitationsApplies to Felony 290 offenses801.2TEN years from date of productionLongest statute of Limitation AppliesApplies to 311.4(b) production of child pornOptional Learning ActivityKey Evidence Code SectionsEvidence Code 1103(c)(1) - The victim’s prior or subsequent sexual conduct with others is not admissible to show consentEvidence Code 402: Motion to suppress prior sexual actsEvidence Code 1101: Common scheme or plan, identification, motiveEvidence Code 1108 To prove propensity and dispositionIf they did it before they could do it againEnacted to insure trier of fact is aware of prior sexual offenses in order to accurately test the credibility of the victim and defendantPrior or subsequent sex with defendant is admissible to show consentEvidence Code 1240 – Spontaneous StatementWitness can testify about statement of anotherWithout deliberation or reflection under emotion of eventMust document this in your reportFactorsNature of event – how starling, frightening or significantCloseness in timeDemeanor/Manner of speakerPhysical condition of speakerQuestions to speakerBasic Case LawSpontaneous statements are BETTER than trial testimony – “an excited utterance is ‘particularly’ likely to be truthful” and “because of its ‘superior’ trustworthiness, is better than is likely to be obtained from the same person on the stand…” People v. Hughey (1987) 194 Cal.App.3d 1383, 1387-1394What is contemporaneous?Rape victim 18 hours after event (People v. Raley, 1992)Child molest – day or two later (In re Emilye A. 1992 San Bernadino)Child accused father of murder two days later (People v. Trimble 2009)15-20 minutes after stabbing. Court ruled time was not determinative (People v. Poggi 1998)What is questioning?30-40 minutes after burn, in response to questions, “what happened” (People v. Jones 1998)Stab victim, with intense pain and upset. 15-20 minutes of questioning was spontaneous statement (People v. Poggi 1988)Fresh Complaint DoctrineDefined: Friends, Family, Religious Mentor, Teacher, Med PersonnelComplaint supports credibilityCircumstantial evidence of lack of consentPeople v. Brown: Prior statements may be admissibleFresh complaint restrictions (limited):a} Name of victimb) Name of Perpetratorc)Dates and timesd) Fact that victim disclosed rape/moleste) Circumstances of statementf) Rape Trauma Syndrome f. Victim’s behavior after sexual assault1) Sleeplessness2) Changed grooming habits3)Act as if nothing happened, e.g. go shopping, go back to party after raped by person at party, go back to work after raped at work, etc.4)Poor performance in responsibilitiesg. Syndrome is an acute stress reaction to a life threatening situation1)Behavioral 2) Psychological 3)Physical4)Type(s) of Post-Traumatic Stress DisorderDefenses Honest and Reasonable Belief that Victim Consented is a defenseFalse ReportRevenge, RetaliationMarried person having an affairProblems at workRejected affectionNo Physical EvidenceSART exam by an expert, frequently negativeNo DNAInsufficient or inept investigationIdentification – not meMistake of age – only for “unlawful sex” crimesSuggestive InterviewOptional Learning ActivityDefenses Honest and Reasonable Belief that Victim Consented is a defenseFalse ReportRevenge, RetaliationMarried person having an affairProblems at workRejected affectionNo Physical EvidenceSART exam by an expert, frequently negativeNo DNAInsufficient or inept investigationIdentification – not meMistake of age – only for “unlawful sex” crimesSuggestive InterviewOptional Learning ActivityCourtroom Presentation Direct TestimonyCompetent, professional and knowledgeableEnsure jury understands all aspects of the caseUse of tone/voice inflectionUse of emotion when appropriateMake the crime real/hear/seeTestifying Tips for InvestigatorsObtain Specialized Training – PC 13516 mandatesConduct a thorough investigationKnow the Facts Prepare a thorough report - e.g. if a ruse is used, be specific in report and use bold text.Review your report and all other reports in the case. File after the investigation is complete and review them again before court. Review the physical evidence before testifying Be familiar with the results of lab reportsVisit the crime scene before testifying (diagrams helpful)Review transcripts of prior testimonyListen to all audioReview all body-camera videos prior to testimonyMeet with the prosecutor before testifyingBe persistent in making contactThey can anticipate cross exam issues Project a professional demeanorAppropriate dress Project self-confidenceRelaxSpeak in a loud, clear voice Avoid using police jargonUse non-verbal behavior which conveys that you are professional, yet personable As an expert witness, have updated CV with trainings and number of times qualified as an expert witness Use demonstrative evidence Listen carefully to questions - never interrupt or cut off the questionDo not volunteer information Do not theorizeIt’s okay to say “I don’t know”Do not argue or react defensivelyBe patientBe sensitive and impartial Cross ExaminationRemain professionalDon’t volunteer informationAdmit mistakesExplain why things were not done without being defensiveCross Examination key pointsLots of small errors add up quicklyDo not take this personallyRemain calm and do not reactListen carefully to the questionPersonal v. professional opinionQuestions examples:You have no personal knowledge what she told you is true?You aren’t a doctor?You have no advanced degrees?Are you a PHD?Is there physical evidence in this case?How long have you investigated these cases?Optional Learning ActivityChild Exploitation Law Definition of Sexual ConductPC 311.4(d) (1)IntercourseOral copulationSodomySexual penetrationMasturbationBestialitySadismMasochismAn act of Lewd and Lascivious: minor under 14 (288)Exhibition of genitals/rectal areaExcretory functions performed in a lewd mannerAbove acts can be actual or simulated311.11(a) Possession of Child Porn – Felony or Misdemeanor (wobbler); If defendant has prior 290 offense it is a straight felonyDefendant knowingly possesses imagePerson depicted is under 18Defendant knows or should know ageImage shows “sexual conduct”Number of images311.1(a) Distribution of Child Porn – No commercial purpose, Felony or Misdemeanor (wobbler) Import into state for distribution orPossess with intent to distribute orPossess and offer to distribute orActually distribute and Defendant has knowledge it is pornNo commercial purpose311.2(b) Distribution with Commercial Purpose, FelonyImport into state for distribution orPossess with intent to distribute orPossess and offer to distribute orActually distribute and Defendant has knowledge it is pornCommercial purpose for money or trade311.2(c) Transports child porn for the purpose of gratification, Felony311.4(c) Pose Child for Porn, FelonyDefendant knows or should know child is under 18Promotes, employs, uses, persuades, induces or coercesChild poses or models for image or live performance of “sexual conduct”311.4(b) Pose Child for Porn with Commercial purposes, FelonyDefendant knows or should know child is under 18Promotes, employs, uses, persuades, induces or coercesChild poses or models for image or live performance of “sexual conduct”Commercial purpose for money or trade311.2(d) Import or Possess with Intent to Distribute to Children, FelonyBuilding a Robust and Comprehensive Investigation Case componentsEvidence of intentPornography, erotica, cameras, equipment“Intelligence” that corroborates conversationCalendars, contacts and journalsEmail printouts/photos/diariesEnticement objects/giftsHotel room reservations, contents in the defendant vehicles upon arrival relating to sexual content of discussionsSART – Positive/Negative SART exams?Photographing victimRecording victimClothingSocial MediaInterview potential defense witnessesSpouseFriendsAre there any other accusationsHow did the suspect react? How did the suspect explain them?Photograph/diagram the residence or crime sceneEnsure that all relevant evidence has been turned over.Ethical detractorsInappropriate conduct outside of court (Social media) Inappropriate behavior in courtLoud phone callsDisrespectful interactionsGeneral demeanorOptional Learning Activity Module 3: Medical & Forensic ExamThe Forensic Medical ExaminationState Requirements Legislated protocolWho may conduct an examMandated formsLocal Medical Examinations sitesSART CentersHours - all are 24/7VictimsSuspectsTitle 9 & CARE OfficesEmergency Department Screening ExamsInitiating local SART ProtocolTime Limitations for exams (72 hours)Joint Interview ProcessConsent Issues (participation in exam regardless of pursuit of legal remedies)Complications with Exams in a hospital HIPPA – Health Insurance Portability and Accountability ActOther Confidentiality IssuesObtaining Medical ReportsPatient written authorization Mandated Reporting Crimes (exempted from HIPPA)Search warrantCourt orderExamination SequenceForensic Medical History Physical examinationEvidence collection- DNA, Trace, InjuryGenital examinationSpecial Techniques and EquipmentExaminer Conclusions and SummaryCommon Medical Findings in Sexual Assault Blunt Force InjuryBody surfaceAno-genitalMedical Conditions that interfere with interpretation of findingsOptional Learning Activity Suspect Examinations PurposeEvidenceConclusions and SummaryOptional Learning ActivityExamination FormsCAL OES 2-502 – Domestic Violence Examination (Rev. 2001)CAL OES 2-900 – Suspected Child Physical Abuse and Neglect Exam (Rev. 2001)CAL OES 2-920 – Mandated Suspicious Injury Report (Rev. 2001)CAL OES 2-923 – Acute (<120 Hours) Adult/Adolescent Sexual Assault Examination (Rev. 2018)CAL OES 2-924 – Abbreviated Adult/Adolescent Sexual Assault exam (Rev. 2013)Invoice for CAL OES 2-924 (Rev. 2014)CalEMA 2-925 – Non-Acute (>72 Hours) Child/Adolescent Sexual Abuse Exam (Rev. July 2001)CalEMA 2-950 – Sexual Assault Suspect Exam (Rev. July 2001)Module 4: Victim Dynamics and AdvocacyIntroduction and Overview SART Model Collaborative Model - Teamwork SART Definition – coordinated interdisciplinary intervention model between law enforcement, crime lab, prosecution, medical and advocacy experts to meet the forensic needs of the criminal justice system and the medical and emotional needs of the SA victimMembers of SARTLaw enforcementAdvocate – law enforcement & Sexual Assault Victim sponsorForensic examinerDistrict attorneyPrimary vs. Secondary membersMDIC (minors)CPSCollege CampusesSocial Worker (680.2A) “can have their own advocate”Mission of SART: The?SART vision?is to seek justice, to protect the community, and to work on behalf of victims to restore their dignity, to prevent sexual assault from becoming a life-defining event, and to counter one of the darkest of human experiences with a response of goodness and caring, On-going maintenanceCase managementImportance of Relationship Building Dynamics of Sexual Assault Common Myths and FactsDisclaimerFemale vs. Male VictimsFemale vs. Male OffendersAgeGeneral StatisticsFemale Sexual assault victimsThe Rape ParadoxNumber of victims vs. Incarcerated perpetratorsSex Offenders: Stranger vs. AcquaintanceOptional Learning ActivityIV.Biases in Law Enforcement BackgroundBiases and the Average PersonBiases and Law EnforcementOptional Learning ActivityAlcohol and Sexual AssaultForce or AlcoholBlackout OverviewBlackout BehaviorFalse Allegations – Provide formal definitionsUnfounded/Unsubstantiated CasesBaselessFalse without DeceitKey Point: Doesn’t mean crime didn’t occur, so not a false reportFalse AllegationDefinitionCase ExampleCommon “red flags” Assailant is a strangerVictim creates someone who cannot get into troubleMakes it impossible for police to “successfully” resolve caseRelieve fear of being contradicted Narrow in construction – other sexual acts reported less frequentlyInclude face saving elements – victim physical resisted or resistance was impossible Inadvertently creating a “false” report How to recover from a bad first impressionRapportProvide case exampleOther Biases in law enforcementRecantationInconsistent Statements How inconsistent statements impede relationship with a victimDelayed reportingReasonsPreventing interference with caseThe Impact of Sexual Assault Unique Factors to Sexual AssaultImpact is immediate and profoundChanges the victim’s world viewWorld is a safe placePeople are generally goodI can protect myselfThe Social ContextWorking with sexual assault victimsSignificant responsibilityRequires specialized knowledgeIndelible lifetime impactEmpathy in the context of an appropriate emotional response Empathy as an Investigative ToolCase only as strong as victimWill enhance cooperationWill enhance investigator’s ability to collect informationMust be displayed in initial stages to support later cooperation Trauma and Stress ResponsesShort Term Stress ReactionsPhysical EmotionalLong Term Stress ReactionsTriggersRape Trauma SyndromeRelation to Post Traumatic Syndrome Disorder (PTSD)Controlled ReactionsExpressed ReactionsAcute PhaseOutward Adjustment PhaseIntegration PhaseDrug facilitated sexual assault and Rape Trauma SyndromeMale VictimsOptional Learning ActivityVictim Advocacy Historical Background and ChallengesHistorical progressionImportance of relationship building BEFORE working with victimsDiscuss how law enforcement can build relationships with AdvocacyWhat is a Victim Advocate?Victim Advocacy versus Victim WitnessSimilaritiesDifferencesTraining and Certification StandardsTraining as required by PC 13837 (minimum 40 hours)Minimum 40 hour trainingAgency training certified by OES/CalEMAMinimum of eight in-service trainings annuallyVictim-counselor privilege established by EC 1035.2Optional Learning ActivityWhat law enforcement must know about advocacyPrivileged CommunicationsWhat is protected? All information transmitted between the victim and the sexual assault counselor in the course of their relationshipThird Party Disclosures: Privilege is not destroyed by communication to third persons if:Presence is to further the interests of victimDisclosure reasonably necessary for the transmission of informationAccomplishes the purpose for which the sexual assault counselor is consultedFalse Allegations/Victims - No PrivilegeSpecial Populations Optional Learning Activity Additional Considerations Additional resourcesAdditional resources for InvestigatorsSA/DV Resource cardsVictim Compensation/Mary’s CardVictim Confidentiality Form (PC 293)DNA Bill of RightsVineLinkVictim Interview PracticumCase ScenariosBased on real casesInclude practicums in the Evidence and Suspect Dynamics and Interviewing modulesModule 5: Computer ForensicsIntroduction/OverviewTechnology as it relates to sexual assaultsCategories of digital evidence Fruits of the crimeInstrumentality of the crimeEvidence repositoryImportance of corroboration/attributionCase examplesContemporary/Evolving areas of digital evidenceEvidence as it relates to sexual assaultsTorDark WebChild pornographyHuman traffickingSexual slaveryCryptocurrencyPhishing/Smishing/MalwareOnline sexual extortionsStalkingCloud Computing (Includes social networking sites)Internet of Things (IOT)IP addressesIPV4 vs. IPV6MAC addressesMetadata Exif dataGeolocationGeofence warrantsSocial media sitesGoogleFacebookSnapchatInstagram/Twitter/et alOpen Source toolsLayarCree.pyBest practices in search/seizure of physical digital evidence Legal authoritySearch warrantLegal Requirements and Return Time Frame for Search Warrants 1524 PCProbation with PC 1546 clauseParole / PRCSConsentCal-ECPA complianceSpecial Master situationsDesktop computersAvoid manipulating/viewing in a non-forensically sound mannerIf absolutely necessary, document steps takenForensic examiners work off images, not original evidenceDocument / Photograph state of device and cables/connectionsConsider capturing RAM (Random Access Memory) May contain passwords for running programsPasswords can be later used for forensic attacks on locked/encrypted programsArchives running programs / data at time of seizureRAM is volatile. Once power is severed, data is non-recoverableRecognize active encryption programsSituation may call for a forensic image of the live systemBest practices shutdown methodSever power by pulling cordDO NOT use keyboard shutdown method (will cause manipulations to data)Laptop computersSame takedown procedure as desktopRemove battery in addition to cableGaming systemsSame takedown procedure as desktopCellular/Mobile DevicesIf off, leave offIf on, leave onDisconnect device from the networkFaraday bagAirplane modeAllowing the phone to remain connected allows for the potential of remote wipe/lockIf device is locked, other potential solutions existJTAGChip-offCellular device forensic companies with unlock solutions Collect all cablesOther storage devicesFlash drives, SD cards, micro SD cards, etc.If you are unsure what a device does, do a quick online search to determine whether to seizeModem/ wireless routers May contain evidence of devices seen on networkSome contain hard drives for storageIOT devices/wearablesDetermine if device contains onboard storageDetermine serial numbers or identifiers that may lead to connected cloud accountBusiness servers / systemsConsider enlisting the aid of IT employees Avoid disrupting/corrupting their systemCollect any and all passcodes People are creatures of habit and tend to use same password or variations thereof for multiple devicesUSSS (United States Secret Service) Best practices for seizing electronic devices examinations of physical devicesProvide examiner with facts surrounding the caseAssists in efficiency/speed of the examAvoid the “Find evidence” requestPotential evidenceImagesVideosInternet historyCommunicationsDocuments Linked evidence/itemsLinks to cloud accountsLinks to other devicesRemember evidence beyond viewable content e.g. MetadataSearch / Seizure of cloud evidence itemsSearch warrants to service providersCLOUD ActProper language to request specific evidenceSpecific contentMetadata to include exif dataIP address login sessionsGeofence warrantsSocial media sitesOpen Source toolsLayarCree.pyNo requirement for service providers to maintain any dataEncrypted communications are becoming more prevalentOnly mandated to report online child exploitation files Online child exploitation is a link toSextortionContact offenses Human traffickingResources for ICAC investigationsNCMEC (National Center for Missing and Exploited Children)ICAC (Internet Crimes Against Children) Task ForcesRCFL (Regional Criminal Forensics Lab)Internet Service Providers outside of USMLAT (Mutual Legal Assistance Treaty)CryptocurrencyWhat is availableObtaining account information from exchangesConsentDownload archive options exist for social networking sitesPreservation ordersCal-ECPA complianceForensic toolsCellebrite Cloud AnalyzerXRY Cloud/X-1 Social Discovery/Hunch.lyCase ExamplesSearch warrants on cars (Tesla)/Vehicle forensics (Berla)Online Investigative Techniques Undercover accountsLiabilitiesProper avatar/profile picDo not use someone’s profile without permissionBest practicesAvoid cross-contamination of unrelated accountsPotential IP address / device ID issuesProper internet browser set-upEmailConsider using email accounts which don’t aggressively aggregate data (ie: gmail) Lesser known servicesSudomailProtonmail ObfuscationVirtual private networkVirtual machines / emulatorsOpen source and paid tools / resourcesInvestigative add-ons / extensions for Chrome/FirefoxYoutube downloaderVideodownloadhelperInternet Archive (Wayback Machine)FireShotArchiving toolsHunch.lySnag-it/CamtasiaSnipit toolSEARCH Investigative Internet Kipp Loving yahoo siteCDAA e-crimes communityCalifornia’s (5) Hi Tech Crimes Task ForcesCalifornia’s ICAC Task ForcesModule 6: Sexual Offender Typology & Interrogation TechniquesIntroduction Offenders Stereotypes of Sexual OffendersOffender MotivationsPowerEsteemRevenge FantasyProfiling Sexual OffendersWhat is profiling?Uses for profilingMajor casesSerial casesUnsolved casesInterrogation themes, tacticsRapist Typology Power Reassurances/Pseudo-UnselfishCore PersonalitySocial BehaviorCriminal BehaviorSexual BehaviorOffenseCognitive DistortionsM.O.Victim CriteriaApproachVerbal CommunicationReaction to Victim ResistancePost Offense BehaviorInterview & Interrogation strategies Power Assertive/SelfishCore PersonalitySocial BehaviorCriminal BehaviorSexual BehaviorOffenseCognitive DistortionsMOVictim CriteriaApproachVerbal CommunicationReaction to Victim ResistancePost Offense BehaviorProgression of Power Assertive RapistInterview & Interrogation strategies Pseudo-Assertive/Pseudo-Unselfish/SelfishCore PersonalitySocial BehaviorCriminal BehaviorSexual BehaviorCognitive DistortionsFantasy LifeVictim CriteriaStressorsOffenseM.O.Verbal CommunicationReaction to Victim ResistancePost Offense BehaviorInterview & Interrogation strategies Anger Retaliatory/Selfish/OpportunisticCore PersonalitySocial BehaviorCriminal BehaviorSexual BehaviorOffenseCognitive DistortionsM.O.Victim CriteriaApproachVerbal CommunicationReaction to Victim ResistancePost-offense BehaviorInterview & Interrogation strategies Anger Excitation/SelfishCore PersonalitySocial BehaviorCriminal BehaviorSexual BehaviorOffenseCognitive DistortionsM.O.Victim CriteriaApproachVerbal CommunicationReaction to Victim ResistancePost-offense BehaviorInterview & Interrogation strategies Multiple Offender/Gang Rape Optional Learning Activity DefinitionParties to a crimeAccessoriesPrinciplesActive vs. Passive participants – recognizing potential suspectsObstacles Barriers to victim disclosureUnknown crimeUnknown suspect(s)Drug/Alcohol intoxicationKnown offendersSame social groupConsensual activity previously Preparation for Interrogation Practical Overview RecommendationsInterrogation Practical Module 7: Investigator WellnessIntroduction Role of the Investigator Personal ImpactsThe ChallengeDefense MechanismsIsolationDisplacementRepressionRationalizationProjectionOptional Learning Activity Stress and Burnout DefinitionsStressStress ContinuumBurnoutBurnout ProcessBurnout SyndromeManaging StressComponentsSabotageDisruption of Family ActivitiesShift WorkSchedule ChangesOn Call StatusEmergency HoursOverprotectionHypervigilanceRestrictivenessSuspiciousnessFamily Safety IssuesOptional Learning ActivityStrategies for Healthy Coping Current Techniques used to manage stressPhysical self-carePsychological self-careEmotional self-careSpiritual self-careWorkplace or Professional self-careBalanceNew stress management techniquesOther ResourcesOptional Learning Activity Module 8: Evidence and Crime Scene ActivityIntroductionKey ComponentsPhysical Evidence in Sex Crimes Forensic ThinkingRecognition, collection documentation and preservation of evidence by the by the first responderUnderstanding evidence recovered from the sceneWhat do we need to show?Recognition of the value of evidence, physical, biologicalWhat do we need to prove?What can the evidence analysis tell us? Proper evidence recognition, collection, preservation and analysisCan withstand timeCan make the “cold” investigation workable againPhysical Evidence - GeneralEstablish link between victim, suspect and sceneEstablish sexual contact Support or Prove lack of consent Awareness and evidence potential Building the investigation using all available evidenceEvidence with Individual Characteristics Evidence with Class CharacteristicsUtilizing all potential linksWhat physical evidence can provide Prove/disprove investigative theoriesEstablish sexual contactLegal proof in courtAssist in identification of victim, witness or suspect at the scene (forensic databases)Provide a foundation for reconstruction Identify/excludePrioritizing evidence for submission to labCase circumstances Starting point - Most “intimate” evidence Crime Lab Services Analysis offered by full service crime lab DNATrace EvidenceComputer ForensicsQuestions DocumentsFirearms and Tool marksFingerprintsCrime Scene ResponseControlled SubstancesToxicologyLimitationsOptional Learning Activity Evidentiary Considerations with respect to the Victim, Suspect and Crime Scene Locard Exchange Principle - Exchange of material/evidence when two surfaces/individuals come into contactImportance of understanding transfer Victim Sexual assault evidence collection kitRole of kitAssociate victim and suspect Establish sexual contact occurred Lab Screening Tests Semen – AP (presumptive test), p30 and Micro exam (confirmatory)Saliva BloodY-Screening and why it’s done?DNA TestingMaking sense of a DNA ReportMatchInclusion (DNA statistics in inclusion - RMP, LR etc.)ExclusionInconclusiveImportance of DNA reference samples from all individuals associated with case in interpreting DNA evidence and CODIS entryCases involving criminal paternity Limitations of DNA Y-STR mtDNA Additional types of evidence Toxicology – Blood / Urine SamplesClothing - biological / trace evidence /rips or tearsTrauma – genital area, suction injuries Bindings / restraints LubricantCondomsPhotos of physical abuse Bite marks with evidence scale and withoutOverall and MidrangeClose-up - Comparison quality photographsDNA collection: How to document and swab a bite markBindings, Bruising, Pattern Transfer – with evidence scale and without SceneStandard protocols for establishing, documenting and processing a crime scene Evidence considerations for the sceneEvidence potential – validate or negate statements, investigative leads, corroboration of facts, Proper evidence packaging, preservation and storageHistory of the location Resources available and specialized techniquesCrime lab Alternate light sourceField presumptive testing for semen and bloodForensic odonatologistTypes of Evidence Footwear impressions near points of entry/exitFingerprints and barefoot printsTrace evidence (hairs, fibers, paint, soil, vegetation, etc.)BindingsLubricantBeddingCarpetsAny foreign objects (i.e.: toys)Drugs that may have been used to incapacitate victimAny beverages in which drugs may have been addedClothing worn – victim, suspectBiological evidence – blood, semen, salivaDocumentationPhotography to include comparison quality photographsAerial Photographs to provide an aerial perspective of scene, pathways, roadwaysHelicopter, DroneGoogle EarthDiagramming to establish spatial relationships of evidenceLink crime scenes togetherCan you recreate this scene in ten years? Treat it like a cold caseSuspect Kit ContentsPenile / Scrotal Swabs Foreign Debris Collection – fingernail scrapingsDNA reference Buccal swab Hair samples Documentation of Tattoos/Scarring Information that can be useful to case and crime lab analysisHygiene – ex: last time showered/washedVasectomyOverall photographs – full body, hands, faceDifferent Reference Buccal DNA samples Buccal swab for lab comparisonConsent, Search Warrant, Court OrderProp 69 Arrestee sample – Not for Investigative useClothing – hairs, fibers and DNA Drugs that may have been utilized to facilitate a sexual assaultLubricant CondomsPhotos of injuries With scales and withoutAbsence of injuries are just as important Follow up photos, next day, next week, to help show severity of injuries and attackDrug Facilitated Sexual Assaults Commonly used drugs (street names) AlcoholGHBRoofiesKetamineMDMAEffects of commonly used drugs Onset PlateauComing downCollection of Samples for Lab and Detection Time Frames of DrugsUrine – 1st urination (void) best chance GHB – approximately 8-12 hours Benzodiazepines (e.g. Rohypnol)- approximately 72 hours difficult after 48 hoursKetamine – approximately 36-48 hours BloodGHB- approximately 4-8 hours Rohypnol- approximately 12 hoursKetamine- approximately 4-6 hoursCrime Scene and Suspect Considerations for “Date Rape Drug” Investigations Evidence Drug packages Drugs at the visible at the sceneCollect, Book and give to Toxicology UnitToxicology Unit can do a Basic Screening without any infoWith additional info they can screen further Drinking glasses / soda can / bottles (Drug residues inside)Forensic Evidence of Suspect and Victim on itemSuspect Prints/DNAVictim Prints/DNAPrints and DNA in one collection“Single” use Fingerprint Brush“Single” use Fingerprint PowderAllows for DNA analysis and Fingerprint analysisVomitVideo/camera equip. /DVDs or videotapes/photos of victim Internet info on common drugs and using these in commission of SAStandard sexual assault crime scene evidence Collection and Packaging of Physical Evidence General ConsiderationsContamination safeguardsChanging gloves frequently after collecting any items of evidence, an evidence swab collection, search for evidence Using a mask – prevent Investigator transfer contamination Other precautionary safeguardsDrying evidence before packagingPackage each item individuallyDo not pack biological evidence in anything air tightDried biological stains should be frozenEvidence needs to appropriately fit in the packaging Evidence seals – no staples, proper tape-seal for biological evidenceDon’t forget controls where appropriateTrace evidence rule- package within a package for those single trace Items and tape-lifts and vacuuming techniques Toxicology considerationsFingerprints vs. Contact “Touch” DNA Potential for contamination using “routine” brush and powderSingle use powder and single use brushConsiderations for which method to use Type of itemSurface - Likelihood that lab will get a useable profile for comparison or CODIS entryEvidence StainsOrder of Collection – Entire item vs. swabbing vs. scrapingSteps in successfully swabbing an item at a scene and collecting appropriate controlsAlternate Light Source (ALS): Light as an evidence search tool (biological fluids/fingerprints)AdvantagesRecommendations for use LimitationsAvailable ALSs on the market Questions in court UV Lights for evidence searchesUV light wave destroys DNAOptional Learning ActivityCombined DNA Index System (CODIS) / Genetic Genealogy Structure of the Database and profiles maintained in eachLocal Level/ LDIS (Local DNA Index System) / In-house Databasea.Potentially any profiles generated that the lab decides are appropriate b.Reference DNA profiles and evidence profiles, etc.State Level/ SDIS (State DNA Index System) / CAL – DOJ Convicted offendersOther CA lab profilesFelony arresteesNational Level / NDIS (National DNA Index System) / FBIEvidence profiles & offender profiles from other 49 states Puerto Rico, US Army Lab, FBI Lab are also uploaded hereRequirements for what profiles can and cannot be entered into CODISProfiles that can be searched Forensic unknown evidence profilesSemen stains, Cigarette butt, etc. Profiles that cannot be searchedReference buccal samples from victims, consensual partners, witnesses Suspect buccal reference samples – unless accompanied by completed form stating they are an active suspects Removed 297PCPartial profile requirements for state and federal levelsTimelines for entry, upload and hit notificationWeekly entry and uploadsSpecial cases, “key board searches”CODIS Hits / Requirement for Investigator following a Hit to an OffenderDepartment of Justice Match Report “Hard Copy”Cold Hit Outcome Project (CHOP)Investigator’s unsolved case hits to an unsolved case in database Special ConsiderationsJohn Doe WarrantsOther state DNA database laws International capabilitiesFamilial SearchingRapid DNAGenetic Genealogy Intro Successes (Golden State Killer and local success examples)Comparison to Forensic DNA typing/CODISLab(s) that perform this analysis (i.e. Parabon)Requirements/Cost/etc. Optional LearningBiological Evidence RetentionNIJ Biological Evidence Preservation Handbook Evidence RetentionNIJ Biological Evidence Preservation HandbookEvidence ConclusionOptional Crime Scene Learning Activity Consistency in crime scene investigationsSexual assault crimes are predatory crimesLinking crimes thru Forensic links and M.O. linksModule 9: Investigative TechniquesInvestigator QualificationsAttributesDedicatedPatientEmpatheticAbility to deal with difficult victimsAbility to deal effectively with suspectOther qualificationsEthical behavior in Investigations A. Optional Learning ActivityCommunication with VictimsGenerational DifferencesCultural DifferencesCommunication with SuspectsGenerational DifferencesCultural DifferencesReport WritingPower over Case OutcomeObjectivity in Investigation TacticsOther Ethical IssuesRelationships with VictimProfessional SeparationAccountabilityClassroom DiscussionProcedural JusticeVoiceRespectNeutralityJudgement FreeTrustworthinessImplicit Bias – Cultural DifferencesFairness & ImpartialityInvestigative Steps Involved Parties VictimLocating & Contacting VictimDocumented address/ contact infoInformation listed on crime reportComputer queriesPast reportsThrough family members/ workMaintaining confidentialityThrough Social MediaLocation of Interview ConvenientComfortableNo distractions/ confidentialityAbility to audio/video recordAvailability for an interviewWork/ School hoursChild care issuesInvestigative considerationsIs there a need for follow up photographs of injury?Composite Drawing of SuspectWillingness to participateBehavioral observationsRape Trauma SyndromePost-Traumatic Stress SyndromeCorroborating victim’s account of eventsCorroborationSearch for idiosyncratic detailSexual knowledge of suspect with no prior relationshipFalse ReportsWitnessesLocation of InterviewConvenientComfortableNo distractions/ confidentialityAbility to audio/video recordAvailability for an interviewWork/ School hoursChild care issuesAdditional considerationsWillingness to participateComposite Drawing of SuspectSuspect(s)Known/ unknown suspect identifiedEstablish timeline for his availability to have committed the crime Timing for arrestStrategize suspect interviewTiming ThemeAnticipated Suspect DefensesFalse ReportIdentification“It didn’t happen that way”Victim and/or witness lyingLack of IntentMistake (age, person, conduct, etc.)Diminished CapacityAlibiSexsomniaProving and disproving suspect’s account of eventsVerify alibiSignature trait(s)Evidence of consciousness of guiltEvidence of conscious course of conduct Evidence of sexual intentEvidenceIdentify time sensitive evidenceSurveillance videoConsensual Partner DNA swab exemplarRequest evidence analysisBiologicalToxicologyLatent PrintsTrace EvidenceAdditional Resources911 CallMedical recordsConfidential medical record waiversBasic HIPPA information.Hospital, Doctor’s Office, County HealthRelated reportsIdentify additional victimsIdentify additional witnessesCrime scene photos Computer RunsVictimRAPPrior reportsSocial MediaWitnessesRAPSocial MediaSuspect(s)RAPPull prior reportsCrime Analysis Work upCrimes in same area/Similar M.O. and Signature CrimesContacting adjacent agencies for similarLocate possible additional victimsCoordinating Follow up LogisticsIn-office investigative stepsComputer runsPhone Calls/ emailsWitnessesRequests/Review case documentsOutside Office Investigative StepsInterviewsMultiple parties in same vicinityManaging other case steps in same areaVideo canvassRevisiting crime sceneNeighborhood/area canvassFollow up on any cluesDocumentationDocumenting InvestigationChronological recordReport writing techniquesUse of appropriate terminologyUse victim’s languageUse suspect’s languageClarify unknown termsExplain street vernacularInvestigator’s handwritten notesOrganize and Prepare Discovery for ProsecutionDocumenting what was given to DABate stampLogHandwritten notesRedacting ReportsRemove identifying information of the victim from all report pagesAny protected witness whose identification could lead to the identification of the victimSexual Assault Issues Optional Learning activityUnique Difficulties of Sexual Assault Investigations, e.g.:Relationship between victim and suspectFamily and/or Friend pressureEstablishing “consent”Mental Development of VictimFear by victims/ StigmaDelayed ReportingLack of physical evidence or witnessesFalse ReportsCredibility of suspect and/or VictimCultural differencesRarely witnessedCan’t use normal investigative/intervention techniquesPerception of the victim, witness and suspect as to what is act Additional Investigative ConsiderationPre-filing ConsiderationsVictim’s ability and willingness to testifyConsultation with the prosecuting attorneyProtective/Restraining OrdersTiming of arrestConsequences/benefits of premature arrestPriorities - protection victim/public, destruction of evidence, flight Time for filing complaintLoss of evidence by announcing investigation prematurely 5836 PC vs. Ramey, Complaint RequestWhat’s missing?Telephone and cell phone records911 calls, if availableBurglar alarmsBusiness/employment recordsCredit/Debit recordsSocial media/Internet social groups/communicationsLineups Optional Learning ActivityTypes of Line-upsPhotoLiveVoiceTools/WeaponsTattoos Vehicles ConsiderationsDouble BlindSequentialAudio/ Video RecordingSexual Assault Search Warrants Brief review of search warrant basicsSeizure of evidenceUsed as a meansInstrumentalities of crimeShows a felony has been committedCorroboration of Victim and/or witness statementsResources and Case Law UpdatesRobert Phillips California District Attorney Association (CDAA) Search Warrant ManualPOST Search Warrant Writing ToolSealing all or portions of the search warrantConcealing investigative tools (e.g. pretext)High profile casesPrevents access to media, other partiesPermanent and short-term sealingSpecific to Sexual AssaultsCrime SceneVictim’s ResidenceSuspect ResidenceHotel/ Air B&BPublic PlacesVictim Sexual Assault ExamVictim conscious/unconsciousIntoxicationDue to injuriesVictim AgeAge of Consent to Exam – 12 years oldSuspect Sexual Assault ExamPretext Phone Calls Introduction to Pretext CallsPurposeBenefitsChallengesPenal CodePenal Code (632; 633; 633.5)Case Law (People V. Riskin)Constitutional restrictionsOptional Learning ActivityInvestigator PreparationCase familiarityAppropriateVictim PreparationCall planningStory lineCrime elementsBackup planRehearsal - As real life as possibleEquipmentLandlineCellularComputer (offsite recording)The call and afterMonitoring, note taking, etc.DebriefPretext Call ExamplesExample of a poorly planned and/or executed pretext callEquipment FailureNo AdmissionExamples of Successful Pretext CallsPretext Example Suspect Interrogation w/pretextModule 10: Computer ForensicsIntroductionDigital EvidenceRecognizing potential digital evidenceCase examplesWhere items have likely been overlooked by investigatorsWhere cases may contain corroborating evidence or the key to the caseFruit of the Crime InstrumentalitiesRepositories of crime Corroborating Evidence Search and Seizure of digital evidence 4th amendment, Cyberspace, and Digital evidenceReview of search and seizure concepts and their application to cyberspace, which expands to possible jurisdiction(s) worldwideSearch authorities: Search warrant, Probable cause, Probation or Parole, Exigency, and Consent Other scenarios Identify international issues and remediesBrief Case ExamplesChallenges in international issues/casesLegal attachésFBISecret ServiceInterpolSeizing and securing evidence Encryption and Steganography programs, operating systems with encryption, or other cryptography Suspect may have program running on computerAccess at siteOnce computer is seized, no one may have access to information Can lose encrypted or temporary documents forever if mishandledDifferent Encryption ProgramsRecognizing programs or iconsBitlockerHow to prevent lossOld schoolPull plugPotential IssuesCheck with local Computer ForensicsNew TechniquesRandom Access Memory (RAM)Collect RAM before shutting downCheck with local Computer ForensicsLive/running computers Evidence preparation, processing, and chain of custodyBe careful with static items or magnetDon’t let the suspect have access to it or log you into computerCollection Keys: bag, tag, label, labeling connections, pictures of how computer was set up with wires, etc.Privacy protection act and privileged information Identify and explain how to deal with protected content information Use of Special masterArea sensitivity in case investigationsLiability issuesCase exampleWorking with business technology to access records without interfering with company’s business Cyber-child Exploitation: Computer forensic response and child rescueIntroduction to sexual predators in the digital worldProfile of the computer sexual offenderPredator types and profiles (reinforce that this will be covered in more depth during typology section of course)Progression from fantasy into reality Varying offenses related to sexual predators in the digital worldIntroduction to child sexual abuse media Link to molestation, abduction, and murderCase studies linking child sexual abuse media possession to contact offensesLewd child modeling vs. child sex abuse media – DOST standards for prosecutionComputer Forensic Analysis Procedures to recover artifactsMedia recoveryImagesVideosOther recovery techniques Link/Recent filesFile historyInternet historyOther Programs utilizedLimewire FrostwireData Hiding/Deletion/Wiping ProgramsSocial Media (covered in more depth during lab portion) Forensic indicia artifact analysis tWhat are these artifacts? May prove who was using the computer – put suspect behind the screen Info may aid in the interview of suspectAccess to other witnesses/victimsLeads and props for interviews/interrogationRescuing children from on-going contact offenses Child victim identification and recoveryOperation Hamlet case example Image scanning techniquesOptional Learning ActivityNational Center for Missing & Exploited Children Child Victim Identification ProjectMethods of having images analyzedNCMEC – CVIP evidence submittal proceduresWorking with Staff Analysts and report for court and sentencingProject Safe Childhood introduction – Federal DOJ initiative currently supported by all U.S. Attorney OfficesProject initiated with support of George W. Bush and the United States Attorney’s Office and currently refreshed initiativeSummary - Networking federal, state, and local law enforcement, educators, parents, etc. towards the awareness, investigation, and prosecution of child exploitation crimesProsecution routesFederal prosecution elements and sentencing abilitiesJessica’s Law and state prosecution routes and sentencing abilitiesSexual Predators OnlineLocal case example(s)Handling computer sex crimes to prevent denial Major case preparationInternet terminology reviewStandard internet terms and referencesEmoticonsChat abbreviationsInternet service connections and capabilitiesDial upBroadband/High Speed DSL/Fiber Optic802.11 protocols CDPD, GPRS, EDGE, HSDPA, 3G, 4G connections (cellular high speed wireless)Local network/business networks Optional Learning ActivityTracking Online Sexual PredatorsWhat info you can and cannot getAcquiring suspect information through Patriot Act compliance/ECPAFederal compliance lawsSearch warrants versus court ordersPC 1524.2 in CaliforniaInternet resources and methods used by offenders to target, stalk, attack and/or murder victimsCase examplesLocal examplesAmy Boyer CasePublic information databasesInformation databases free Pay for personal informationWeb databasesInformation databases readily available online to research peopleEgo-surfingProtecting yourself from being researched onlineSocial networking sitesFacebookTwitter/Instagram/MyspaceMMORPGs - Mass Multi Online Role Playing Games (ex. Everquest) SNS - Social Networking VideoAudio and video feedsDirect client to client capabilitiesXbox and PS3Online environmentNetworking & chat capabilitiesOther ProgramsTypes of information garnered from social networking sitesVictim dispositionCase credibilitySuspect InformationLeads to witnesses/other victimsOtherSeizure of social networking sitesNetworking with other law enforcementLocal task force involvementAssociations HTCIA - High Tech Crimes Investigation Association, HTCC - High Tech Crime Cops, IACIS, HTCN – High Tech Crime Network, HTCAC - High Tech Crime Advisor committeeList Serves – email support and nearly instant sharing with thousands of experts worldwideAdditional Training California Department of Justice Advanced Training Center (DOJ ATC)Certifications available ................
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