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Raise Hand Text Chat Powerpoint Slides Phone Please send a private message for help Call ilinc technical support at 8007994510 Voluntary Intoxication Its Not ID: 593806

victim alcohol sexual victims alcohol victim victims sexual accused rape intoxication blood alcoholic suspect ethanol drugs drunk evidence drinks

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Slide1
Slide2

How to use this technology:

Raise Hand

Text Chat

Powerpoint Slides Phone Please send a private message for help Call ilinc technical support at 800.799.4510 Slide3

Voluntary

Intoxication -

It’s

Not Consent for Sex You Know! Slide4

Rape victims assume the risk of being raped when they…?

Drink too much

Use drugs (legal or illegal)

Dress sexyKiss the accused Make sexual advancesDoes not rebuff sexual advances the way we wouldAccepts a ride with the accusedGoes to the room of the accusedAt night…Demonstrates an attraction to the accusedSlide5

Helping the offender

Denial and justifications reflect the beliefs, bias’, prejudice, and values of the listener

Cultural differences…how do they play out in our thinking?

The offender doesn’t need to rape to have sexThe victim brought it onAlcohol Alcohol Alcohol Alcohol AlcoholSlide6

Implied Consent

Prior knowledge of the consequences

Implied

consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). The term is most commonly encountered in the context of United States drunk driving laws.Slide7

“If recreational drugs were tools, alcohol would be the sledgehammer”

Few cognitive functions and behaviors escape the impact of alcohol (White, 2003)

Ethanol is a central nervous system depressant (Harding, 2003)

A small amount of ethanol eases tensionA large amount removes inhibitionsA larger amount still prevents the victim from resisting the aggressor Slide8

Alcohol 101

Alcohol impairs both cognition (the process of knowing, thinking, learning and judging) and psychomotor skills (voluntary movement). Alcohol first effects the most recently developed part of the brain, which are responsible for judgment, inhibition, personality, intellectual and emotional states. As alcohol concentration increases, the impairment of psychomotor functions such as muscular coordination, balance, eye movement, etc. also increase. As alcohol concentration continues to increase, involuntary movement, such as respiration, is effected leading to possible comma or death. (Harding, 2003)Slide9

Alcohol 101 – So what?

Intoxicated victims are less likely than sober victims to realize the perpetrator is trying to sexually assault them

Intoxicated victims are more likely to exercise poor judgments and decision making concerning their safety

Intoxicated victims do not need to be “forced” to complyIntoxicated victims cannot remember sufficient detailsIntoxicated victims are viewed less credible than sober victimsIntoxicated victims experience added guilt and shameIntoxicated victims rarely report were sexually assaultedIntoxicated victims rarely see their perpetrators tried and convictedIntoxicated victims are more often than not blamed for their behaviors while the reported perpetrator gains support and sympathy from society at large (including jury pools and some police agencies)

Sex offenders LOVE

intoxicated victimsSlide10

AFSA: Almost ALWAYS Non-Stranger

Non-stranger sex assault is:

Most prevalent form of sexual violence.

Least likely to be reported.Least likely to believed and taken seriously.Mistakenly believed to be less traumatic than stranger rape.Slide11

Why the difficulty?

Usually no physical trauma or injury.

Often difficult circumstances like alcohol, drugs, or a prior relationship or acquaintanceship.

Often no criminal history on the part of the perpetrator.Often involves ‘counter-intuitive’ responses.Slide12

WHAT IS ALCOHOL FACILITATED

SEXUAL ASSAULT (AFSA)?

Victim is

too incapacitated to consent due to the effect of –Alcohol aloneAlcohol mixed with drugs surreptitiously administered by assailantAlcohol mixed with prescription, over the counter or recreational drugsSexual assault is often facilitated by alcoholSlide13

AN OLD PROBLEM . . . .

“Woe to him who gives drink to his neighbors, pouring it from the wineskin till they are drunk so that he can gaze on their naked bodies.”

-Habakkuk 2:15 (between 608 – 605 BC)Slide14

Why is AFSA so prevalent?Slide15

Alcohol use is

a part of our culture

82% of people 12 and older have used alcohol at least once in their lifetimes

Nearly ½ of all Americans (12 and older) have used alcohol in the past month (approximately 109 million people)Source: Substance Abuse in Brief, April 2003, Volume 2, Issue 1, National Clearinghouse for Alcohol & Drug Information, Substance Abuse and Mental Health Services Administration, US Dept. of Health and Human Services Slide16

WHY SHOULD WE

CARE?

Of the study participants, victims of incapacitated rape were comparable to victims of forcible rape with regard to risk for PTSD and depression but were nearly twice as likely as victims of forcible rape to develop substance abuse

problemsKilpatrick, Dean, PhD, et al, Drug-facilitated, Incapacitated and Forcible Rape: A National Study (2007)Slide17

Rape by force

or

threat of force

Too drunk toconsent

D

I

F

F

I

C

U

L

T

Y

TYPE OF

REPORT

Unconscious victim

PROVING

REPORTS

OF RAPESlide18

What about…that delicate member?

Moderate use of alcohol can enhance sexual activity because it relaxes and lowers inhibitions

Excessive use of alcohol can impair sexual functioning

Heavy drinking dulls the sensation and makes it more difficult for men to have an erectionWomen who are significantly incapacitated may be less lubricated and intercourse may be uncomfortable or painfulSlide19

It

provokes

the desire, but it takes away performance”

Shakespeare

Heavy use of alcoholSlide20

Delicate member research

72% of alcoholic men had sexual dysfunction - including erectile dysfunction (

Arackal

, Benegal, 2007)Alcohol abuse is the leading cause of impotence and other disturbances in sexual dysfunction (Mendelson, 1979)Alcohol in small doses appears to enhance sexual receptivity in women and increase arousal in men, heavy continued drinking may cause significant sexual impairment (Ponizovsky, 2008)Slide21

Brewers Droop

A temporary form of alcohol impotence that occurs when the average drinker consumes “

one too many

”Slide22

How does a penis work?

Step one – sexual arousal

Step two – Brain’s communication of the sexual arousal to the body’s nervous system (which activates blood flow)

Step three – relaxation of the blood vessels that supply the blood to the penis must occur, allowing the erection to take placeIf something affects ANY of these three steps…frustration occurs…Slide23

Brewer’s Droop…research

Alcohol affects the nervous system and impairs the impulses between the brain’s pituitary gland and the genitals

A few drinks might temporarily dull inhibitions

BACs >.06 will lead to loss of sensation, inability to reach orgasm, and temporary impotenceBAC .05 & .10 alcohol retards sexual arousalBAC > .10 orgasm is inhibitedBAC > .15 can cause temporary impotenceMilsten, Slowinski, 2004)Slide24

PS…

Chronic heavy drinking can

Cause behavioral changes that reduce sexual desire and performance

Interfere with sperm productionIrreversibly destroy testicular cellsShrink testicles Inhibit the metabolism of Vitamin ASlide25

THE CHALLENGES

WE

FACESlide26

DRUNK SEX?Slide27
Slide28
Slide29
Slide30

“Believe it or not in every man there’s a code written

that says … TACKLE DRUNK BITCHES.”Slide31
Slide32
Slide33

Alcohol: Weapon Number One

Alcohol remains the most widely wielded

acquaintance rape’ drug. Socially acceptable and often part of the mating ritual.Legal in most areas and easy to acquire.More predictable in its effects than other drugs.Easier to gauge effects because of most perp’s personal experience with it.Positive experience (at least at first) for the target.Slide34

4-6%

12 oz

12-15%

4-5 oz

40-50%

1-1.5 oz

Each contain about 0.5 oz (15

mL

) of pure ethanol

Standard Alcoholic DrinksSlide35

Absorption

The passage of alcohol into the blood

Alcohol needs to get into the blood in order to get to the brain in order to have its intoxicating effect.

Alcohol does not need to be digested before it is absorbedSlide36

PHARMACOKINETICS OF

ETHANOL ABSORPTION

Carbonated beverages enhances

Fatty/oily beverages slowsEthanol concentration effects absorptionHigher altitude promotes*Food delays* Source: J. C. Garriott. (1996) Medicolegal Aspects of Alcohol. Tucson, AZ: Lawyers and Judges Publishing Company, Inc.Slide37

Effect of Stomach Content

http://

www.ncbi.nlm.nih.gov/bookshelf/br.fcgiSlide38

CNS

Depression of Ethanol

Impairs judgment

Depresses learned social and cultural inhibitionsImpairs self-evaluationEuphoriaMemory lossShortened attention span

Sedation

Blurred vision

Nystagmus

Altered distance perception

Impaired hearing

Reduced muscle coordination

Increased reaction time

Light fixation

Source: J. C.

Garriott

. (1996)

Medicolegal

Aspects of Alcohol. Tucson, AZ: Lawyers and Judges Publishing Company, Inc.Slide39

BAC as an indicator of Effects on the Brain

The most developed portion of the human brain is affected at lower

BACs

The least developed portion of the human brain is affected at higher BACs

http://www.mtholyoke.edu/offices/health/ADAP/brain.htmSlide40

Blood Alcohol Concentration

(g/dL)

Stage of Alcoholic Influence

Clinical Signs and Symptoms0.01 – 0.05 g/dLSubclinicalEffects not apparentNearly normal behaviorImpairment detected by specialized tests0.03 – 0.12 g/dLEuphoria

Mild euphoria, more social, talkative

↑ self-confidence, ↓ inhibitions

↓ attention,

judgment, control

Some sensory motor impairment

Slowed information processing

Loss of efficiency

in critical performance

0.09 –

0.25 g/dL

Excitement

Emotional instability

Loss of critical judgment

Impaired perception, memory, comprehension

↓ sensory

response

↑ reaction time

Impaired balance

Drowsiness

Stages of Acute Alcoholic InfluenceSlide41

Stages of Acute Alcoholic Influence

Blood Alcohol Concentration

(g/dL)

Stage of Alcoholic InfluenceClinical Signs and Symptoms0.18 – 0.30 g/dLConfusionDisorientation, mental confusionDizzinessExaggerated emotional states

More

severe visual disturbances

↑Pain threshold

↑Muscular

incoordination

; staggering gait

Slurred speech

Apathy; Lethargy

0.25

– 0.40 g/dL

Stupor

Approaching

loss of motor functions

Markedly ↓ response to stimuli

Serious

musclular

incoordination

Inability to stand or walk

Vomiting

Incontinence

Impaired consciousness

Sleep

or stuporSlide42

Stages of Acute Alcoholic Influence

Blood Alcohol Concentration

(g/dL)

Stage of Alcoholic InfluenceClinical Signs and Symptoms0.34 – 0.50 g/dLComaComplete unconsciousness; comaAnesthesia

Subnormal temperature

Impaired

circulation and respiration

Possible death

0.45 +

Death

Death from respiratory

arrestSlide43

Men and Women are Not Equal Relative to Alcohol

Women absorb and metabolize alcohol differently than men

On average, women have higher BACs than men for a given amount of alcohol

independent of the fact that they generally weigh lessNational Institute on Alcohol Abuse and Alcoholism. Alcohol Alert: Alcohol and Women. No. 10, PH 290. Bethesda, MD: the Institute, 1990. Frezza, M.; Di Padova, C.; Pozzato, G.; Terpin, M.;

Baroana

, E.; &

Lieber

, C.S. High blood alcohol levels in women: The role of decreased gastric alcohol

dehydrogenase

activity and first-pass metabolism.

The

New England Journal of Medicine

322(2):95-99, 1990.Slide44

Example

Average 140 pound woman drinks 6 beers in 2 hours. BAC ~ .16

Average 140 pound man drinks the same amount. BAC ~ .14

Widmark, E.M.P., Principles and Applications of Medicolegal Alcohol Determination

, Davis, CA: Biomedical Publications, 1981 Slide45

Example

Average 190 pound male drinks 6 beers over the course of 2 hours. BAC ~ .09

Average 125 pound female drinks 6 beers over the course of 2 hours. BAC ~ .18

THE PLAYING FIELD IS NOT EVEN! Slide46

Ethanol and blackouts

Blackout: Periods of memory loss for events that transpired while a person was drinking (no loss of consciousness- not passed out)

Ethanol induced memory impairment includes disruption to the hippocampus which plays a central role in formation of new memorySlide47

Ethanol and

passouts

Alcohol-induced unconsciousness

Not asleep, but sedated-due to CNS depressant effectResembles sedated state associated with surgeryCan last for hoursGroggy-sedated feeling can linger for 24 hoursSlide48

Very Important…

Don’t ask about

Pass-out or blackout

…these are conclusions

That are often inaccurate

And confusing

…ask about behaviors

a

nd outward manifestations of

incapacitationSlide49

Following AFSA material excerpted from…

http://www.ndaa-apri.org/pdf/

pub_prosecuting_alcohol_facilitated_sexual_assault.pdf

And…Teresa Scalzo, Navy jagSlide50

RECREATING INTOXICATION

Key to good decision making

Investigation must provide sufficient information about the level of intoxication of suspect and victimSlide51

RECREATING INTOXICATION

BAC is good to know, if possible

Can corroborate / contradict victim’s version of events

Helpful questions:What did you drink? (number of drinks, type, size, etc.)When did you last eat?What did you eat?Did you take tranquilizers, pills or medicines of any kind (include prescription and over the counter)?When did you last sleep? How much sleep did you haveSlide52

Alcohol Incident Report

What does law enforcement look for with DUI?

Odor of alcoholic beverage

Blood-shot / watery eyesSlurred / incoherent speechUnsure balanceIn field tests Can’t follow instructionsProblems with balance and coordinationSlide53

Interview Questions from

Alcohol Incident Report

When did you last eat?

What did you eat?What were you doing during the last 3 hours?Have you been drinking?Are you under the influence of an alcoholic beverage now?Are you taking tranquilizers, pills or medicines of any kind?When did you last sleep? How much sleep did you have?

Clues…Slide54

RECREATING INTOXICATION

Document outward manifestations of intoxication for victim and suspect

Did they:

Vomit?Urinate?Defecate?Could they:Walk?Talk? Did they have to be helped with physical tasks?Balance and coordinationAppearance / clothing Dirty?Disheveled?Bloodshot eyes?Slide55

RECREATING INTOXICATION

What do the facts of the assault tell us about the victim and subject’s relative levels of intoxication?

Location of assault

Was victim conscious?Sexual acts and positionDegree of coordination involvedWho undressed who?Did defendant:Carry victim?Follow victim?Who gave the victim the drinks or drugs?Was it the accused?Did accused encourage the victim to drink or use more drugs?Slide56

BUT . . . IS IT REALLY RAPE?

Must address the “rape is not regret” defense

What if the defendant was drinking, too?

Is intoxication a defense?Slide57

OFFENSE

FOCUSED INVESTIGATIONSlide58

HE SAID / SHE SAID

EYE AND EAR WITNESSES

PHYSICAL EVIDENCE

MEDICAL EVIDENCE

CREDIBILITY

EXPERT TESTIMONYSlide59

PERCEPTION AT THE TIME OF THE INCIDENT

Degree of intoxication

Were

motor skills impaired?Was she/he able to perceive what was happening around her/him?What initiated fragmented (flashbulb memories?Sounds, smells, tastes, feelings (emotional and physical)Slide60

MEMORY AFTER

THE INCIDENT

What does

she/he remember about the incident?Can anything refresh victim’s memory?Physical or medical evidenceStatements from other witnessesPhotographs, videotapes, 911 tapeReturn to the scene?ReenactmentSlide61

Look for corroboration of credibility in addition to corroboration of the incidentSlide62

CORROBORATION

Things that can corroborate / contradict victim credibility:

If there is a delayed report, why?

If victim converted from Restricted to Unrestricted, why?Is victim’s reaction colored by shame, self blame or embarrassment?If so, what can you do to make victim feel more comfortable?Neurobiology of traumaSlide63

CORROBORATION

Witnesses

Witnesses to ingestion, incident, aftermath

Prompt complaint witnessesInterview bartenders and waitersHow much did victim have to drink?Did she appear to be drunk or high?Friends of the victim Friends of the suspectLook for ex-wives, girlfriends, other victimsSlide64

CORROBORATION

Is there corroborating physical or medical evidence?

Are there surveillance tapes?

Videotapes?Tape recordings?Photographs?Injuries?Evidence of victim’s presenceBlood, hair, urine, vomit, clothingSlide65

THE ACCUSED

Always attempt an interview

Did accused know victim was drunk?

How much did she drink?What signs of intoxication did she exhibit?Who purchased alcohol?Who provided the alcohol?Why does accused think the victim was or was not significantly incapacitated (if he does)?Slide66

PRIOR BAD ACTS

Look beyond record checks

Don’t just look for completed rapes

E.g., are there prior incidents where the suspect tests a potential victim for vulnerability?Slide67

ELECTRONIC EVIDENCE

Can you obtain text messages, emails or other forms of communication?

Search for victim and accused on:

Google MySpaceTwitterSecond LifeFacebookEverywhere else you can think of!Slide68

MEDICAL EVIDENCE

Medical expert

Can explain lack of injuries

Unconscious victims CANNOT resist!No defensive injuriesNo torn clothingShould look for injuries consistent with drunk or drugged victimBumps to headAbrasions on backBruisesSlide69

ANALYSIS - PREDATORY BEHAVIOR BY ACCUSED

Accused’s intent

Degree of intoxication

Capacity to do other thingsDid the accused use planning, manipulation, grooming, deception, or isolation? Did accused prey on victim’s vulnerabilities?Did accused do anything to wear down the victim’s resistance?Victim selection processExit strategySlide70

Offender Focused Prosecution

Focuses less on what the victim did to

contribute’ to her victimization, and more on the defendant’s behaviorSimply a different perspectiveOften involves an identification of undetected rapists and compulsive opportunistsSlide71

What did SUSPECT do?

How did

the suspect

identify this victim?How did the suspect manipulate the situation to isolate her?How did the suspect take advantage of the weaknesses she demonstrated?Did the suspect provide alcohol, drugs, transportation, or suggest leaving?Was the suspect obviously

more

sober and aware

?Slide72

Law Enforcement Challenge: Investigate

Who

saw her/him drink and who provided alcohol?Who observed her/his drunken behavior?Fellow party goers, friends?Security video?Quarters personnel?What indicated him/her discomfort, incapacitation, or clear

NO?

What

about the suspects

behavior? More in control?Slide73

GOOD TARGET

FOR

PREDATOR

GOOD WITNESS

FOR

PROSECUTIONSlide74

BOTTOM LINE

We will never make the right decisions if we only consider the wrong evidence!Slide75

Questions?