Overcoming the Complexities of Sexual Violence: Understanding the Realities Page 1

LESSON PLAN COVER SHEET(Module 1)

COURSE TITLE: Overcoming the Complexities of Sexual Violence: Understanding the Realities

TIME: 1 hour of instruction

DATE PREPARED: DATE REVISED: N/A DATE REVIEWED:

INSTRUCTOR: For this module, the instructor should: Have a basic understanding of sexual assault and frequent co-

occurring crimes, including domestic violence, stalking, and strangulation.

Have an understanding of the neurobiology of trauma and how it impacts victim behavior, actions, and memory.

Have an understanding that many sexual assault crimes are not reported, and of those reported only a fraction are investigated, and of those investigated only a small percentage are prosecuted, and of those prosecuted only a few result in conviction.

TRAINING AIDS, EQUIPMENT, MATERIALS:

LCD Projector and Computer Projector Screen Easel and Chart Pads or

Whiteboard Markers and Tape

INSTRUCTOR PREPARATION: Read and watch all included instructor references and supplemental content. Due to the complex nature of sexual assault crimes, it is crucial to understand the context of the material in this guide in order to facilitate this training block and respond to participant questions.

Read all PowerPoint slides and Lesson Plan. Add current national and local statistics. Add and tailor content to include relevant state and local laws, agency policies, and your own case examples.

COURSE DESCRIPTION: In this section, the focus will be to address common misperceptions and provide facts and realities regarding sexual violence. The section is designed as an introduction to trauma-informed sexual assault investigations.

INSTRUCTOR REFERENCES: Background resources included in Training Curriculum

Introduction Thomas Tremblay and David Thomas, “IACP Balancing the

Scales of Justice Webinar”i

“Survivors of Sexual Abuse and Assault Reveal an Important Truth” Video, 1in6ii

Sexual Violence in Communities of Color , The Women of Color Network, Inc.iii

IACP Responding to Sexual Violence in LGBTQ+ Communities: Law Enforcement Strategies and Considerations iv

False Reporting Overview , National Sexual Violence Resource Center (NSVRC)v

METHOD OF INSTRUCTION: Facilitated discussion Information briefs Activities Case Study Examples

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At the completion of this lesson, participants will understand: How different populations are impacted by sexual assault and co-occurring crimes. That many sexual assault crimes are not reported, and of those reported only a fraction are

investigated, and of those investigated only a small percentage are prosecuted, and of those prosecuted only a few result in conviction.

The complexities of sexual assault and other violence against women crimes. The impact of not identifying or charging co-occurring crimes in the context of investigations of sexual

assault and other violence against women crimes.

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Overcoming the Complexities of Sexual ViolenceUnderstanding the Realities

Content Slides

Introduction

This section will address common misperceptions and provide facts and realities regarding sexual violence.

Discuss objectives on slide.

Large Group Activity

Ask participants:

“What challenges are you experiencing with sexual assault cases that you hope to overcome through this training?”

Record participant answers on flipchart/whiteboard so they can be referred to throughout the training to ensure that the challenges mentioned are discussed and responded to in the training content.

Participant answers might be:

Delayed reporting of sexual assault by victim Alcohol/drug involvement “He said/she said” Victim recantation Inconsistent statements Victim not acting like a victim

Suggest common challenges not provided by participants. Acknowledge all challenges as difficult and tell participants that they will be given strategies to best respond to these challenges throughout this and upcoming training modules.

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Note to Trainer: The use of this activity depends on having enough time for all the challenges brought up here to be addressed throughout the training, which requires conducting most of the modules; this activity is not appropriate for a one-hour training block.

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During this activity, you are not to start addressing the challenges, the intent is to highlight the many complexities that law enforcement may encounter when investigating sexual assault cases. These common challenges are often rooted in misperceptions regarding victims’ behaviors and the realities of sexual assault crimes that will be addressed throughout the curriculum’s content.

Case Study

Prep Work: Insert your own case study highlighting some common challenges and misperceptions regarding sexual assault cases.

You may be able to find relevant cases through:

Review of reports for cases where a sexual assault kit was originally untested and later testing corroborated the victim’s account.

Assessment of reports for cold cases that were later reopened and solved.

Review of civil lawsuits where a victim was awarded a monetary settlement due to agency handling of the case.

Case Study Objective: To illustrate how misperceptions and myths regarding sexual assault cases can lead investigators to an inaccurate conclusion regarding the validity of a case.

Possible Case Study Parameters (yours should include some of the items below):

There was some evidence that the crime occurred. Some of the facts of the case were contrary to those of a

stereotypical sexual assault case (see below). Investigators’ perceptions of victim characteristics and

behaviors led them to believe the victim was not credible (e.g., delayed reporting, inconsistent statements, alcohol/drug use, criminal background, victim demeanor).

Investigators might not have initially followed up or may have coded the case as false.

Additional evidence (e.g., DNA, surveillance footage,

Note to Trainer: It is important that you use a case that your agency investigated as this will show participants that this issue is one that can impact any agency. Additionally, you will be better equipped to answer participant questions about the case. It is also an opportunity to show agency members that the agency is committed to enhancing response to these crimes.

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witness, photos, more victims) was later reviewed or discovered, which corroborated the victim’s report.

Negative consequences of initial case handling (e.g., additional victims, monetary settlement, decreased community trust in agency).

The case study should be set up so that participants find that the facts of the case sound like it should have a strong likelihood of prosecution and will be surprised that the investigators had initially closed it, determined it was a false report, or it did not go to prosecution.

Give a brief overview of the facts of the case without disclosing that the case had not been followed up on/had been closed/otherwise determined false.

Ask participants how likely it is that this case would be prosecuted and why. The point here is that participants will say that they believe it is a case with a strong likelihood of prosecution.

Present the outcome of the case, whether the case was closed or coded as false, and the consequences of this.

Large Group Discussion:

Facilitate a discussion around the myths and misperceptions that led the investigators to their erroneous conclusion.

Participant answers might be (depending on the case):

Victim delayed reporting Victim’s statements were inconsistent Victim had engaged in alcohol or drug use Victim had engaged in illegal behavior (underage

drinking, illicit drug use, sex work)

Allow time for questions. Wrap up the discussion by noting that cases like this are the reason it is important to follow the evidence and not to preemptively make conclusions based on myths and misperceptions. Highlight any improvements in response that the agency has made since the case.

Estimates of Violence

This section should begin with a presentation of current data

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and statistics regarding the prevalence of sexual violence, including the disproportionate rate for specific populations.

Prep Work: Research and include current national data and statistics. Note that reported rates differ from actual incidence as these crimes are greatly underreported.Statistics on rates of violence could include: Lifetime rates of rape and other types of sexual violence

for women and men Age group that has the highest rate of victimization Victimization of LGBTQ+ populations Victimization of women of color Victimization of immigrant populations

The following are possible resources to find current statistics: Centers for Disease Control (CDC) -

https://www.cdc.gov/violenceprevention/datasources/nisvs/index.html

Rape, Abuse & Incest National Network (RAINN) - https://www.rainn.org/statistics

Bureau of Justice Statistics (BJS) - https://www.bjs.gov/index.cfm?ty=tp&tid=31

Though sexual and intimate partner violence affect women of all races, ethnicities, geographic areas, religions, sexual orientation, and socioeconomic statuses, the rates of violence are not the same for all women. These statistics show that offenders commit these violent crimes against women of some communities at higher rates than othersvi; this is not the fault of the victims, perpetrators assault those they believe are less likely to be believed because of societal biases. Additionally, reporting rates are low for sexual assault, particularly for marginalized communities, so these rates may not accurately reflect sexual assault committed against women in these communities.

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Note to Trainer: It is important to note that while men are also victims of sexual assault, this is a crime that is most frequently committed by men against womenxvi. Therefore, this curriculum predominantly focuses on perpetration of these crimes against women.

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LGBTQ+ individuals are also disproportionately impacted by barriers to reporting sexual and intimate partner violencevii. Prep Work: Insert current statistics regarding victimization of LGBTQ+ individuals. The following is a possible resource:

Centers for Disease Control (CDC) - https://www.cdc.gov/violenceprevention/datasources/nisvs/summaryreports.html

Explain that responding officers should practice cultural humility. More information about this definition can be found here https://study.com/academy/lesson/cultural-humility-definition-example.html.

Explain the slide and that practicing cultural humility is important because recognizing different communities’ histories, experiences, and cultures can help officers build trust with communities and can lead to better and more thorough investigations. Approaching each victim and investigation with respect for their culture and the assumption that the officer does not know everything about their culture can help to mitigate misperceptions that might hinder a thorough investigation.

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Sexual violence is one of the most underreported crimes. And, of the sexual assault crimes reported, only a small percentage or number lead to prosecution, and a smaller percentage/number result in a convictionviii.Prep Work: Include current national statistics for each part of the process shown on the slide, for each 1,000 sexual assaults.

Prep Work: Insert and compare your department’s data regarding sexual assault reports, including demographic breakdowns and prosecution and conviction rates (if possible), to the national data.

This is a good opportunity to evaluate your agency’s response to these crimes.

A high-reporting rate compared to the national data does not necessarily mean that more assaults are occurring than in other jurisdictions, instead it could indicate that victims are more comfortable reporting; conversely, a low reporting rate compared to the national data might indicate that there is a lack of trust in the local criminal justice system. Demographic breakdowns are also important indicators of whether specific communities feel comfortable reporting to the department.

If the percentage of cases referred for prosecution and/or being prosecuted is lower than the national average, consider these possible causes (work with a local prosecutor):

A lack of training on the neurobiology of trauma may have contributed to law enforcement and/or prosecutors holding misconceptions about the validity of cases.

A lack of thorough investigations may have led to insufficient evidence; offender-focused investigative strategies can assist in collecting additional evidence to bolster case evidence.

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There is sometimes a perception that a high percentage of sexual assaults are falsely reported; however, research shows that in actuality a very small percentage of reports are falseix.Prep Work: Insert most up-to-date research on this topic.

This number additionally must be viewed in the context of the very low reporting rates for sexual assault. Far more sexual assaults are never reported to law enforcement than are falsely reported to law enforcement.

Prep Work: Insert current data regarding sexual assault reporting rates. The following resource is a good place to look for current research:

Bureau of Justice Statistics (BJS) -https://www.bjs.gov/index.cfm?ty=tp&tid=31

Realities of Sexual Assault

Prep Work: Where possible, include current statistics regarding the following common characteristics; the Rape, Abuse & Incest National Network (RAINN) is a good source for this data: https://www.rainn.org/statistics/perpetrators-sexual-violence.In most sexual assaultsx:

The perpetrator is someone whom the victim knows (even briefly); perpetrators often present themselves as “nice” to people they know and try to use that to discredit the victim. Just because we know the perpetrator as a “nice guy,” that does not automatically mean they could not have assaulted the victim.

A weapon is not used. The perpetrator uses only instrumental violence—the

amount of force, threat, intimidation, or violence necessary to subdue or coerce the victim—and might not use additional physical violence beyond the rape or sexual assault.

The victim does not fight back, due to the neurobiology of trauma, coercion, and/or threats of greater injury/death to themselves or their loved ones.

The victim is unlikely to have visible physical injuries, including genital and anal. Even a medical forensic exam is

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Note to Trainer: The 2010 research review by Lisak et al., found that only 2-10% of sexual assault reports are false reportsxxi. This is the same percentage of false reports as for any other crime. Prep Work: Seek more up-to-date research.

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unlikely to discover significant injuries.

While this training emphasizes law enforcement response to sexual assault crimes, trauma-informed investigations are applicable to other crimes that often co-occur with sexual assault, such as domestic violence, stalking, strangulation, child abuse, animal abuse, etcxi.

Although these crimes often co-occur with each other, they are frequently not identified or charged in the context of investigations of sexual assault and other violence against women (VAW) crimes.

The VAW crimes mentioned above share the following characteristicsxii:

The perpetrator engages in an ongoing, pattern of behavior, therefore law enforcement should carry out course-of-conduct, offender-focused investigations rather than incident-based investigations.

As mentioned above, VAW crimes often co-occur with other VAW and violent crimes.

The victim and/or perpetrator minimizes the crime(s). The crimes are underreported by victims. Perpetrators are usually repeat offenders. Perpetrators exploit or create vulnerability of the victim.

The following may enhance identifying and charging VAW and co-occurring related crimes which are often missed:

training on the neurobiology of trauma or violence against women crimes

Identifying commonly held misconceptions, beliefs and/or biases about these crimes

Understanding how victims and perpetrators may minimize the crime(s).

Increased information and evidence sharing across jurisdictions

Understanding commonly held stereotypes regarding gender roles and race

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Training on cultural humility

The characteristics of violence against women crimes and some of the reasons these crimes are not identified or charged result in many of the challenges mentioned in the first activity.

Alcohol/drugs are involved in many sexual assault cases because offenders frequently use alcohol/drugs as a way to render victims vulnerable or prey on individuals who are vulnerable due to intoxication and put the responsibility on the victimsxiii. Misperceptions that place the responsibility of the assault on the victim for drinking/drug use can lead to this crime not being identified or charged. Additionally, understanding that offenders repeatedly engage in a course of conduct can help the investigation expand from “he said/she said” by finding additional evidence/victims through a course-of-conduct, offender-focused investigation.

One of the other challenges mentioned in the activity was that victims’ statements might be inconsistent or contain gaps, they delayed reporting, or they didn’t act the way the officer thinks a victim should act; however, an understanding of the neurobiology of trauma can explain many of these challenges and provide strategies to mitigate the impact on investigations.xiv

The IACP Report Review Checklists on sexual assault, protection orders, domestic violence, stalking, and strangulation can assist responding officers and supervisors in identifying co-occurring crimes and ensuring that reports are comprehensive. https://www.theiacp.org/projects/police-response-to-violence-against-women-vaw

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Not identifying or charging these co-occurring crimes can lead to: An escalation in violence, up to homicide Compromised victim and officer safety because

perpetrators who kill law enforcement are often also perpetrators of VAW, and calls-for-service related to VAW are some of the deadliest for law enforcement

Liability for the law enforcement agency Loss of community/victim trust in the criminal justice

system and hesitancy to report these crimes The perpetrator feeling empowered to commit more

crimes More people being victimized by the perpetrator or the

same victim being re-victimized

Depending on the case study used and the discussions that arose throughout the presentation, many of the points on slides22 & 23 may have already been talked about; briefly touch on points that have not.

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i Thomas Tremblay and David Thomas, “The Critical Need for Law Enforcement Agencies to Identify Gender Bias in Responses to Sexual Assault and Domestic Violence,” Balancing the Scales of Justice, webinar series, The International Association of Chiefs of Police, 2017.ii “Survivors of Sexual Abuse and Assault Reveal an Important Truth” Video, 1in6, video 5:45, April 5, 2018.iii Sexual Violence in Communities of Color (Harrisburg, PA: The Women of Color Network, Inc., 2016)iv Responding to Sexual Violence in LGBTQ+ Communities: Law Enforcement Strategies and Considerations (Alexandria, VA: International Association of Chiefs of Police, 2017).v False Reporting Overview (Enola, PA: National Sexual Violence Resource Center, 2012).vi Rachel E. Morgan, Ph.D., and Barbara A. Oudekerk, Ph.D, Criminal Victimization, 2018 (Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 2019), 16.vii Mikel L. Walters, Jieru Chen, and Matthew J. Breiding, The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Sexual Orientation, (Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 2013), 24-25.viii “The Criminal Justice System: Statistics,” Rape, Abuse & Incest National Network (RAINN), accessed June 10, 2020.ix David Lisak at al., “False Allegations of Sexual Assault: An Analysis of Ten Years of Reported Cases,” Violence Against Women 16, no. 12 (2010): 1318–1334.x “Perpetrators of Sexual Violence: Statistics,” Rape, Abuse & Incest National Network (RAINN), accessed June 10, 2020; “Non-Stranger Sexual Assault,” College of Saint Benedict Saint John’s, Counseling & Health Promotion & CSB Health Services, accessed June 19, 2020; “The Neurobiology of Sexual Assault: Implications for Law Enforcement, Prosecution, and Victim Advocacy,” National Institute of Justice, filmed December 1, 2012; Jennifer Markowitz, Absence of Anogenital Injury in the Adolescent/Adult Female Sexual Assault Patient, AEquitas: Strategies in Brief, no. 13 (2012).xi “Statistics,” National Coalition Against Domestic Violence, accessed June 24, 2020; “Fact Sheet: Strangulation & Sexual Violence,” Pennsylvania Coalition Against Rape (PCAR), accessed June 24, 2020; Allie Phillips, “Domestic Violence and Co-occurrence with Child Abuse and Neglect – Resolution,” Prevent Child Abuse America, accessed June 24, 2020; Allie Phillips, Understanding the Link between Violence to Animals and People: A Guidebook for Criminal Justice Professionals (Alexandria, VA: National District Attorneys Association, 2014), 7; Sexual Assault Incident Reports: Investigative Strategies (Alexandria, VA: International Association of Chiefs of Police, 2008), 7.xii “Statistics”, National Coalition Against Domestic Violence; “Fact Sheet,” Pennsylvania Coalition Against Rape (PCAR); Allie Phillips, “Domestic Violence and Co-occurrence with Child Abuse and Neglect”; Understanding the Link between Violence to Animals and People, National District Attorneys Association; “The Criminal Justice System,” Rape, Abuse & Incest National Network (RAINN); Rachel Lovell, Fred Butcher, Daniel Flannery, Laura Overman, and Tiffany Walker, “Patterns Of Sexual Offending,” (Cleveland, OH: Begun Center for Violence Protection Research and Education, 2016); “Non-Stranger Sexual Assault,” College of Saint Benedict Saint John’s, Counseling & Health Promotion & CSB Health Servicesxiii “Non-Stranger Sexual Assault,” College of Saint Benedict Saint John’s, Counseling & Health Promotion & CSB Health Servicesxiv “The Neurobiology of Sexual Assault,” National Institute of Justicexv Sharon G. Smith, Xinjian Zhang, Kathleen C. Basile, Melissa T. Merrick, Jing Wang, Marcie-jo Kresnow, and Jieru Chen,The National Intimate Partner and Sexual Violence Survey: 2015 Data Brief – Updated Release (Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 2018), 2-9.xvi Walters, Chen, and Breiding, The National Intimate Partner and Sexual Violence Survey (NISVS), 27.xvii Sharon G. Smith, Jieru Chen, Kathleen C. Basile, Leah K. Gilbert, Melissa T. Merrick, Nimesh Patel, Margie Walling, and Anurag Jain, The National Intimate Partner and Sexual Violence Survey (NISVS) | 2010-2012 State Report (Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 2017).xviii Walters, Chen, and Breiding, The National Intimate Partner and Sexual Violence Survey (NISVS)xix “The Criminal Justice System,” Rape, Abuse & Incest National Network (RAINN)xx Morgan and Oudekerk, Criminal Victimization, 2018; David Lisak at al., “False Allegations of Sexual Assault”xxi David Lisak at al., “False Allegations of Sexual Assault”