Sexual Assault the Criminal Justice Term Paper

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2). At all times, the medical examiner needs to respect the victim, and taken into account victim rights by appointing a victim advocate when necessary. The forensic medical examiners could be providing the prosecution with key evidence, a fact that should be communicated to the victim to alleviate distress (IACP, 2004). A victim advocate will also notify the victim of his or her rights in the case, advising the victim as to how to use legal counsel. The medical examination will often include drug testing, because the perpetrator might have illegally administered a drug to the victim and because alcohol or drugs might have been involved to facilitate the assault.

Law enforcement remains in continual contact with the victim during these early stages of the investigation, because it is up to the victim to determine whether or not to press charges (IACP National Law Enforcement Policy Center, 2005). Because many victims delay reporting sexual assaults, the medical examination may not be advisable. Even so, an investigation can still take place without the gathering of forensic data. Reasons for the victim delaying the report of the crime include "the victim's feelings of shame, embarrassment, shock, denial, self-blame, uncertainty regarding whether the event constitutes a sexual assault," (IACP National Law Enforcement Policy Center, 2005).

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Confidentiality of the victim is ensured at all times. At the point at which the victim may be ready to press charges, the suspect is identified. Suspect interview and interrogation are critical components of the law enforcement procedure related to sexual assault cases. Treated much like any other criminal case, a sexual assault case involves systematic steps such as initial questioning and documentation of any interview. Officers can determine the nature and location of the questioning. Reports should remain as objective as possible, allowing law enforcement investigators and detectives to gather data rather than personal opinions. As the State of California Commission on Peace Officer Standards and Training (1999) manual states, "Law enforcement officers are NOT advocates, they are fact finders." Once the facts have been gathered, an arrest of the suspect made, and all parties are ready to cooperate with law enforcement, a criminal investigation begins and further evidence is gathered and used in all stages of criminal justice proceedings......

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