Investigation and Prosecution of Sexual Assault and D.V. Cases

Investigation and prosecution of sexual assault and D.V. cases are offered within this video.

Investigation For Law Enforcement Teams and Prosecution of Sexual Assault Cases

Presenter: Brian Kingston, Former Prosecutor in Texas

Instructor Brian Kingston

I. INTRODUCTION

  1. CASE PRESENTATION:
  2. DOMESTIC VIOLENCE CASES
  3. INVESTIGATION PROBLEMS: a) Before-“Lost Chances = Lost Evidence” Theory and Reporting of Domestic Violence – Chapter 91 – Texas Family Code b) After – Victims and Witnesses Refusal to Cooperate
  4. INVESTIGATION SOLUTIONS: a) Search Warrants b) Consents to Search c) Counseling for the Victim d) Photos e) Statement to Police by Victim at the Scene
  5. PROSECUTION OF THE PERPETRATOR: a) Typical Offender b) Evidence c) Photos ii) Witness Statements iii) Medical Records iv) “Hard” Evidence d) Confessions e) Conclusions f) Probation vs. “Shock” ii) TDC Time
  6. OTHER CRIMES AGAINST ADULT FEMALES (SEXUAL ASSAULT CASES)
  7. INVESTIGATION PROBLEMS: a) Before – Delay in Reporting and/or the Destruction of Evidence b) After – Victims Fear and/or Lost Witnesses or their refusal to get involved
  8. INVESTIGATION SOLUTIONS: IMMEDIATE ACTION WITH RESPECT TO RAPE KITS, SEARCH WARRANTS, PHOTOS, WITNESS STATEMENTS AND “HARD”EVIDENCE COLLECTION
  9. PROSECUTION OF THE PERPETRATOR: a) Typical Offender b) Evidence c) Photos ii) Witness Statements iii) Medical Records iv) “Hard” Evidence d) Polygraph Exams vi) Confessions e) Conclusions f) Probation vs. “Shock” ii) TDC Time

II. CHILD SEXUAL ABUSE CASES:

  1. INVESTIGATION PROBLEMS: a) Before – Child’s Inability to Talk and/or Parents Refusal to Believe b) After – Child’s Recantation and/or the Child’s Removal
  2. INVESTIGATION SOLUTIONS : COUNSELING (victim and family) and/or CONTINUOUS CONTACT (witnesses and family)
  3. PROSECUTION OF THE PERPETRATOR: a) Typical Offender b) Evidence c) Photos ii) Witness Statements iii) Medical Records iv) “Hard” Evidence v) Polygraph Exams vi) Confessions vii) Outcry Witness(es) – Art.38.072 – Texas Code of Criminal Procedure viii) Rule 803(4) Exception – Texas Rules of Evidence d) Conclusions e) Probation vs. “Shock” ii) TDC Time
  4. INTRASTATE AND INTERSTATE PROTECTIVE ORDERS:
  5. TEXAS PROTECTIVE ORDERS: a) General Provisions – Chapter 81 – Texas Family Code b) Application – Sec.82.001 – Texas Family Code c) Who May file – Sec.82.002 – Texas Family Code d) Venue – Sec.82-003 – Texas Family Code e) Contents of Application – Sec.82.004 – Texas Family Code f) Duration of Order – Sec.85.025 – Texas Family Code g) Peace Officer SHALL Arrest on Violation – Art. 14.03(b) – Texas Code of Criminal Procedure and Sec. 25.07 – Texas Penal Code h) Emergency Protective Orders – Art. 17.292 – Texas Code of Criminal Procedure i) Standby Assistance and Liability – Art. 5.045 – Texas Code of Criminal Procedure
  6. OUT OF STATE PROTECTIVE ORDERS: a) Peace Officer’s Duty – Sec. 86.005 – Texas Family Code b) Full Faith and Credit – Sec. 88.001 – Texas Family Code c) Presumption of Validity – Sec. 88.002 – Texas Family Code d) Enforcement of Order – Sec. 88-004 – Texas Family Code

III. CONCLUSION