Victims
Module 01 Written Assignment – Victims
Module 01 Written Assignment – Victims
Module 01 Content
Review the scenario below.
Scenario:
You are dispatched to a residence for a welfare check of a 59-year-old woman (Linda) that hasn’t been seen or heard from in over three days. The caller is Linda’s sister who resides in a different state. The sister talks to Linda nearly every night. According to the sister, Linda is a retired nurse who lives alone. She has two children that live in different states and are equally worried. Linda has a family medical history of heart disease. She has been in an on/off relationship with a former co-worker at the hospital where she worked. There is recent police contact at Linda’s residence involving domestic violence. Linda pursued an order for protection against the male whom she was in a relationship with, however she recently went to court to have it removed. Linda’s cell phone, when called, goes immediately to voicemail. A family member tells you they attempted to locate the position Linda’s cell phone via her cell phone service provider. Per the cell provider, her cell phone’s last known position was at Linda’s home, however the phone is now believed to be powered off.
Family members fear for Linda’ safety. Family gives you and your partners permission to enter Linda’s residence via her garage (garage door code was given). Prior to entry, you discover her mailbox to be full and three days of newspapers to be stacked at her from door. Upon entry, you discover Linda on the floor in her bedroom, deceased. She has significant injuries to her face and hands. The scene strongly suggest homicide. You elect to freeze the scene and call investigators.
A death notification is later made to family members. Over the next few days, family members arrive and wish to speak with you.
In a 2-3 page paper, discuss how you would use victimology to better understand the victim. Consider this week’s reading assignment involving victimology. Explain your law enforcement role when dealing with the family members of the victim. What type of resources might be available to grieving family members of Linda? What type of investigative questions would you ask of the family members? Incorporate at least two scholarly resources on the concept of victimology into your paper. Make sure you document these sources using APA format.
Submit your completed assignment by following the directions linked below.
Please check the Course Calendar for specific due dates.
Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
Module 01 – Victimology
Crime Victim Defined
A crime victim is defined in Minnesota as a person who incurs loss or harm as a result of a crime.
A victim includes the family member, guardian or custodian of a minor, incompetent, incapacitated or deceased person.
Victimology
Victimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system (police and courts, and corrections officials) and the connections between victims and other social groups and institutions, such as the media, businesses, and social movements.
Victim Trauma
Trauma can involve a life threatening or negatively life altering event or repetitive experiences that are usually very frightening, painful, or upsetting. The traumatic experience is defined by the survivor since two people having the same bad experience can recover in different ways: one traumatized and the second one unscathed.
Victims of crimes may suffer a great amount of physical and psychological trauma associated with being victimized. For example, victims of domestic abuse may suffer physical injuries as the result of a physical assault. Although many of these physical wounds may eventually heal, the emotional and psychological injuries can have a lasting effect on the victim. This is also true regarding victims of financial loss as it relates to criminal activity.
It is highly important for first responding law enforcement officers to consider each person they interact with may have a different response to various trauma. Although many law enforcement officers view some calls for service as “routine” (a routine domestic assault, or a routine theft report), from the victim’s perspective, they may never forget their traumatic experience, and certainly not the officer that responded to their home to take a report. It is crucial for law enforcement officers to show compassion, display effective listening skills, ensure that action is going to be taken, and provide resources to victims of criminal activity.
A victim has the right to:
Request the law enforcement agency to withhold public access to information that reveals victim’s identity.
Reparation – applications can include expenses for:
Medical (including ambulance, dental, mental health, glasses, etc.)
Funeral and Burial (including headstone, travel, lodging, etc.)
Lost Wages (including time missed to meet police, attorney or probation; to go to court and also to family members providing care to injured victim)
Mental Health Counseling (can include victim, family members of victim or person who discovers a body)
Loss of Support ($350/month each per spouse/partner and children) of victim killed during a crime-paid annually)
Other expenses. This could include crime scene clean up, return abducted child, childcare when unable to provide due to injury/death, and/or household service to injured crime victim.
Right to be informed of nearest crime victim assistance resources
(i.e.., Sexual Violence Center, Minnesota Crime Victim Support Line 1-866-385-2699, DPS Office of Justice Programs)
Reparations vs. Restitution
Restitution is the money a judge orders the offender to pay to the victim to compensate the victim for losses related to the crime. Restitution is part of the offender’s sentence or disposition and can be ordered in both adult and juvenile cases after the offender is found guilty or pleads guilty. The amount of restitution ordered by the judge depends on the victim’s crime-related expenses and the offender’s ability to pay.
Reparations is state funded program that a victim (and in some circumstances the victim family members or other effected by a crime) applies for within 3 years of the injury.
Both (restitution and reparations) are payments for an economic loss for crime victims.
Both require the crime be reported to the police-usually within 30 days.
Both require cooperation with the police investigation and prosecution of the offender.
Both generally require all expenses to be reasonable and related to the crime.
Minnesota Resources
Office of Justice Programs Victim Service Provider Directory
VINE (Victim Information & Notification Everyday)
What is a Victim Advocate?
Minnesota Alliance on Crime: Statewide general crime coalition & webinars
Minnesota Coalition Against Sexual Assault
Standpoint (formerly Battered Women’s Legal Advocacy Project)
Federal Resources
US Department of Justice
National Organization for Victim Assistance
National Center for Victims of Crime
Battered Women’s Justice Project
National Sexual Violence Resource Center
FBI Victim Resources
Victim notification of violent offender release
In Minnesota, victims of violent crime have a right to be notified of the pretrial release of an offender from a jail or detention facility. Following a conviction, victims will be notified by the custodial institution of the release of an incarcerated offender only if they have made a request to the jail. Victims are encouraged to use the VINE system to ensure prompt, reliable notification. The VINE program allows victims of any crime to be notified of the release of an offender.
The following link can be used by anyone in the general public to search for a current incarcerated offender, nationally.
VINELink
Minnesota Statutes
The following Minnesota State Statutes relate to law enforcement’s requirement to provide a victim with the appropriate services, as well as the prosecutor’s responsibilities as they relate to victim notification in the crimes of domestic assault, criminal sexual conduct and stalking.
611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS’ RIGHTS.
Subdivision 1.
[Repealed, 2014 c 212 art 1 s 15]
§
Subd. 2.Victims’ rights.
(a) The Office of Justice Programs in the Department of Public Safety shall update the two model notices of the rights of crime victims.
(b) The initial notice of the rights of crime victims must be distributed by a peace officer to each victim, as defined in section 611A.01, at the time of initial contact with the victim. The notice must inform a victim of:
(1) the victim’s right to apply for reparations to cover losses, not including property losses, resulting from a violent crime and the telephone number to call to request an application;
(2) the victim’s right to request that the law enforcement agency withhold public access to data revealing the victim’s identity under section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on the nearest crime victim assistance program or resource;
(5) the victim’s rights, if an offender is charged, to be informed of and participate in the prosecution process, including the right to request restitution; and
(6) in homicide cases, information on rights and procedures available under sections 524.2-803, 524.3-614, and 524.3-615.
(c) A supplemental notice of the rights of crime victims must be distributed by the city or county attorney’s office to each victim, within a reasonable time after the offender is charged or petitioned. This notice must inform a victim of all the rights of crime victims under this chapter.
611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; STALKING.
§
Subdivision 1. Notice of decision not to prosecute.
(a) A prosecutor shall make every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct offense, or stalking that the prosecutor has decided to decline prosecution of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim should include, in order of priority:
(1) contacting the victim or a person designated by the victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, the notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of domestic assault, a criminal sexual conduct offense, or stalking, a record shall be made of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct, or stalking under this section, the prosecutor shall also inform the victim of the method and benefits of seeking an order for protection under section 518B.01 or a restraining order under section 609.748 and that the victim may seek an order without paying a fee.
Law Enforcement Mandatory Victim Notification of Domestic Violence
*** Law enforcement must furnish to all domestic violence victims the following statement:
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an order for protection from domestic abuse. The order could include the following:
An order restraining the abuser from further acts of abuse;
An order directing the abuser to leave your household;
An order preventing the abuser from entering your residence, school, business, or place of employment;
An order awarding you or the other parent custody of or parenting time with your minor child or children; or
An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.” The notice must include the resource listing, including telephone number, for the area battered women’s shelter, to be designated by the Department of Corrections.
Besides law enforcement, others in the criminal justice system are required to inform crime victims of their rights and refer them to resources. That includes from:
Prosecuting attorney
Jail
Probation
Court Administration
Prison
Civil commitment attorney or hospital
These usually only apply IF an offender is identified, arrested or charged or civilly committed
Identity Theft Victim Rights
Identity theft occurs when someone uses an individual’s personal information without permission to receive some kind of benefit, most commonly money and property.
A victim of identity theft may:
Report the crime to a law enforcement agency who must prepare a report and provide a copy, refer it to another agency if the crime was committed elsewhere and may begin an investigation;
Request in writing to court administration a free certified copy of the criminal complaint, the judgment of conviction and the order describing the facts & circumstances of the offense; and
Receive restitution in the MINIMUM amount of $1,000.00 per direct victim when ID theft criminally charged.
Victims of Predatory Offenders
Victims of predatory offenders can request law enforcement inform them of where the predatory offender resides, expects to reside, or where regularly found.
Crime Victim Information Cards
Most law enforcement agencies throughout Minnesota have crime victim information cards which contain a variety of victim resource information. The Crime Victim Justice Unit (CVJU) provides assistance to law enforcement agencies in Minnesota to create and update the victim information cards they are required to distribute to crime victims pursuant to Minnesota Statutes § 611A.02, subd. 2(b) and 629.342, subd. 3
VINE Poster
Victim Impact Statements
Victims of crime have the right to participate and be heard in the criminal justice system through the use of victim impact statements. Victim impact statements provide victims with an opportunity to address the court at the sentencing or juvenile dispositional hearing to express the impact the crime has had on them and their families. Participating in the process may also aid victims in their emotional recovery.
A victim impact statement may be given by a crime victim to the judge, and can be written or read by the victim, or on the victim’s behalf by the prosecutor or advocate.
A victim impact statement typically includes summary of:
Physical harm, medical care, future medical needs
Psychological harm or trauma including if ongoing
Financial losses and request for restitution
Victim’s past achievements, future dreams and how crime has effected these
Changes in lifestyle like ability to work, drive, care for family, etc.
Effect on victim and family
The victim impact statement can also be given by:
Communities or neighborhoods impacted by the crime
Family members or friends after checking with the prosecutor
Offender, who also has a right to make a statement
Module 01 – Sexual Assault
Module 01 – Sexual Assault
Sexual Assault Response and Investigation
Please review the following PowerPoint titled, “Sexual Assault Response & Investigation”. In this you will learn about:
Statistical information regarding sexual assault
Common myths and misconceptions
Common behaviors of victims
Components of a sexual assault exam
Sexual assault investigation processes
PowerPoint Sexual Assault Response and Investigation.pptx
The MN POST Board has created a Model Policy on Sexual Assault. This requires all law enforcement agencies to establish and enforce a written policy addressing how the agency will respond to and investigate reports of sexual assault. This policy is in compliance with Minnesota State Statute 626.8442, Policies on Sexual Assault. This policy includes important requirements for you as a new police officer to know.
The following PDF document from the IACP (International Association of Chiefs of Police) contains guidelines and interview strategies for investigating sexual assaults. This information may assist with:
Report writing
Working with victims
Suspect and witness interview strategies
Working with vulnerable populations
IACP – Sexual Assault Incident Reports, Investigative Strategies PDF
The IACP has also published 3 videos to assist law enforcement in understanding and responding to sexual assault. Click on the following links to view these important videos:
Segment1 Realities of Sexual Assault
Segment2 Effectively Preparing Cases
Segment3 Working the Case
MN Criminal Sexual Conduct Statutes
Please review and familiarize yourself with Minnesota statutes and definitions pertaining to Criminal Sexual Conduct (CSC). When finished, complete the matching exercise involving CSC 1- 5.
609.341 – Definitions:
Intimate parts. includes the primary genital area, groin, inner thigh, buttocks, or breast of a human being.
Sexual contact: for the purposes of sections 609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (p), includes any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent:
the intentional touching by the actor of the complainant’s intimate parts, or
(the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts effected by a person in a current or recent position of authority, or by coercion, or by inducement if the complainant is under 13 years of age or mentally impaired, or
the touching by another of the complainant’s intimate parts effected by coercion or by a person in a current or recent position of authority, or
in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts, or
the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body.
(b) “Sexual contact,” for the purposes of sections 609.343, subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts committed with sexual or aggressive intent:
the intentional touching by the actor of the complainant’s intimate parts;
the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts;
the touching by another of the complainant’s intimate parts;
in any of the cases listed above, touching of the clothing covering the immediate area of the intimate parts; or
the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body.
(c) “Sexual contact with a person under 13” means the intentional touching of the complainant’s bare genitals or anal opening by the actor’s bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant’s bare genitals or anal opening of the actor’s or another’s bare genitals or anal opening with sexual or aggressive intent.
Sexual penetration means any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
of the complainant’s body by any part of the actor’s body or any object used by the actor for this purpose;
(of the complainant’s body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or another person for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 13 years of age or mentally impaired; or
of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 13 years of age or mentally impaired
Significant relationship means a situation in which the actor is:
the complainant’s parent, stepparent, or guardian;
any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or
an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant’s spouse.
MN Statutes relating to sexual assault:
609.342 – 1st degree criminal sexual conduct
https://www.revisor.mn.gov/statutes/cite/609.342
609.343 – 2nd degree criminal sexual conduct
https://www.revisor.mn.gov/statutes/cite/609.343
609.344 – 3rd degree criminal sexual conduct
https://www.revisor.mn.gov/statutes/cite/609.344
609.344 – 4th degree criminal sexual conduct
https://www.revisor.mn.gov/statutes/cite/609.345
609.3451 – 5th degree criminal sexual conduct
https://www.revisor.mn.gov/statutes/cite/609.3451
Victim Considerations
Please familiarize yourself with the information in the pamphlet titled, “Victims of Sexual Assault – Your rights and resources”, published by the Office of Justice Programs, a Division of the Minnesota Department of Public Safety. Many law enforcement agencies require first responding officers to provide victims of sexual assault with resources such as this. The pamphlet contains important information for victims seeking medical care or a forensic medical examination following a sexual assault or rape.
Victims of Sexual Assault pamphlet
Law enforcement personnel are often the first contact that victims of crime have. It is therefore critical that law enforcement understand the needs of crime victims, have the skills to provide a trauma-informed response, and have resources to help address work-related exposure to trauma. This 6-minute video discusses OVC-sponsored programs and resources to enhance the delivery of services to victims of crime by law enforcement agencies.
VIDEO: Office for Victims of Crime (a component of the Office of Justice Programs)
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