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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?Slide27Slide28Slide29Slide30
“Believe it or not in every man there’s a code written
that says … TACKLE DRUNK BITCHES.”Slide31Slide32Slide33
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?