CHAPTER 20. Postmortem Sexual Assault Evaluation
Sharon Rose Crowley
This chapter explores a segment of the medicolegal examination of the deceased victim wherein the unique skills and expertise of the forensic nurse examiner (FNE) may be invaluable. It is vital to emphasize the importance of teamwork. In an ideal situation, the forensic nurse functions as an interactive member of a homicide investigation team and can be asked to participate in the postmortem anogenital evaluation. In most cases, the purpose is to facilitate the determination of concomitant sexual assault in cases of homicide. There is no living victim to recount details of the event or behaviors of the offender; thus, this information is crucial to the investigation as a whole. Wide variance may exist in the expertise of the FNE, both in antemortem case experience and death investigation skills specific to sexual assault. Collaboration is pivotal.
The mobile system for these examinations, previously described in 2004, was based on the Sexual Assault Response Team (SART) model, with adaptation to the autopsy milieu (Crowley, 1998, Crowley, 2001 and Crowley, 2004). The role of the FNE is one with a defined scope of expertise (i.e., expertise in the medicolegal evaluation of the sexual assault victim). If the nurse examiner’s previous expertise is limited to the antemortem arena, normal postmortem artifact may be misinterpreted as traumatic. Ongoing education and collaboration is essential.
The usual method of case referral is from a forensic pathologist, detective, or coroner. The interpretation of genital findings in the deceased is both vital and timely. Until recently, little information was available on the nature and appearance of the anogenital tissues during the postmortem interval. Ongoing, normative, baseline studies are yielding useful data on postmortem genital anatomy (Crowley, 2002, Crowley, 2003, Crowley and Peterson, 2004, Crowley, 2005, Crowley, 2006, Crowley, 2007, Crowley, 2008 and Crowley, 2009).
The sequential methodology for the examination of sexual homicide victims was developed to respond to the need for a systematic protocol. The mobile system grew out of a need to bring the examiner to the patient, such as in jurisdictions that lack a centralized morgue. This protocol incorporates colposcopy. Aspects of the initial protocol were refined and expanded (Crowley, 1998 and Crowley and Peterson, 2004).
The deceased victim of sexual assault presents both special challenges and unique opportunities for the forensic nurse. During the autopsy, traditional methods of examination, such as gross visualization, may have precluded detection of the more subtle findings that may constitute genital trauma during sexual assault. The colposcope affords magnification and photographic capability. This modality enhances visualization and facilitates peer review. It also provides the opportunity to study the effects of the postmortem interval and other factors on the anogenital tissues.
Theoretical Framework: Sexual Murderers
Hazelwood, Dietz, and Burgess defined sexual fatalities as deaths that occur as a result of or in association with sexual activity (Hazelwood et al., 1982). These activities span a broad range, including deaths from natural causes during coitus, masturbation, autoerotic asphyxia deaths, and lust murder. Suicidal sexual fatalities are extremely rare; usually autoerotic fatalities are accidental. In the United States, sexual murders outnumber autoerotic fatalities. The latter, in turn, outnumber sexual manslaughter. After all efforts at resolution, in a small number of cases, the manner of death remains elusive; thus, a small number of equivocal cases remain (Hazelwood et al., 1982).
Historical perspective
Against Our Will: Men, Women and Rape (Brownmiller, 1975) provided a historical perspective and discourse on the nature, breadth, and scope of sexual assault. Later articles on motivational models for sexual homicide were consistent in their discussions related to the dearth of information on the number of rape-murders committed. This is due to the fact that these are treated solely as homicides by both law enforcement and the courts.
An epic example of the complex issues involved in sexual homicide was the 1964 murder of Kitty Genovese. Kitty was stalked, raped, and murdered in Queens, New York City. Thirty-eight people heard her cries or witnessed some part of her death. While in court, the defendant, 29-year-old Winston Moseley, calmly announced, “I just set out to find any girl that was unattended and I was going to kill her” (Brownmiller, 1975, p. 199).
The famed Boston Strangler, Albert DeSalvo, strangled and stabbed 11 women between June 1962 and January 1964, including elderly victims. DeSalvo left their sexually mutilated bodies posed garishly, with a nylon stocking around the victim’s neck (Brownmiller, 1975, p. 200). The murders stopped in 1964, when DeSalvo was hospitalized in Bridgewater State Hospital for observation. DeSalvo also operated as the “Cambridge Measuring Man” and “Green Man”. As “Measuring Man,” he gained entrance to young girls’ apartments by posing as the representative of a model agency. DeSalvo would “measure” their breasts and hips. As “Green Man,” he tied his victims to the bed; he then either raped or sodomized them or attempted to do so. DeSalvo gave indications of the sexual dysfunction of premature ejaculation. The charge that sent him to prison was breaking and entering (Brownmiller, 1975, p. 201). When later asked about a 75-year-old female victim, he replied, “Attractiveness has nothing to do with it. She was a woman. When this certain time comes on me, it’s a very immediate thing” (Brownmiller, 1975, p. 205).
Research on sexual murderers suggests that these crimes are based on persistent, violent sexualized thoughts and fantasies (Ressler, Burgess, & Douglas, 1988). Therefore, the meaning and performance of acts committed during a murder vary with the offender. The sexual acts may vary from actual rape (with penetration before, during, or after death) to symbolic acts, which may include the insertion of foreign objects into body orifices of the victim (Douglas, Burgess, Burgess, & Ressler, 1992).
Typologies of rapists
Following are typologies of rapists from the perspective of criminal investigative analysis , a program of the National Center for the Analysis of Violent Crime (NCAVC) of the Federal Bureau of Investigation (FBI).
Impulsive Offenders
Impulsive offenders are reactive rapists; they are criminally unsophisticated, use a significant level of physical force, and often have a diverse criminal history. In general, impulsive rapists and molesters do not kill their victims. Their anger is undifferentiated, and they are prone to “stupid” mistakes.
Ritualistic Offenders
Ritualistic offenders are more criminally sophisticated; they devote time and effort to planning, rehearsing, and execution of the crime. The level of force used in commission of the crime may increase over time. Fantasies are pervasive and defining. Paraphilic interests are diverse.
Power Reassurance Rapists
Power reassurance rapists are the least violent of the typologies. This rapist is a ritualistic offender. He is typically a low achiever, single, and with low self-esteem. His intent is not to physically harm the victim. The level of force used during the rape is minimal; he usually preselects a victim, either his own age or slightly older. The victim is either alone or solely in the company of a small child. The element of surprise is employed to approach the victim. He may take a souvenir and keep records. Like many other rapists, he manifests sexual paraphilias. He has a history of prior sex crimes and confidence increases with experience.
Power Assertive Rapist
The power assertive rapist is the most common of the typologies and more often uses greater physical force. He is impulsive, with a sense of entitlement. He utilizes the con approach and selects age-mate victims in public places. He often assaults women he has some connection to, for example, dates, girlfriends, wives, associates, or coworkers (Prodan, Michael, Lt. [Supervisory Special Agent], personal communication, 2009). This rapist is macho, has a history of alcohol use, is self-centered, and flashy in dress and vehicle. He has been married and divorced, has a male-oriented job, and has a history of arrests for fighting.
Anger Rapist
The anger rapist is impulsive, angry, and the one most recognizable to the general public. His victims are most likely to report; thus, he is more often apprehended. Most prevention programs address this type of rape. This rapist tends to be criminally unsophisticated. His modus operandi is to spend a short time with his victims; preoffense acting out may have been with wives, girlfriends, or prostitutes. He tends to assault outside, using a blitz approach. He is verbally degrading and may experience retarded ejaculation. His victims are usually his own age or slightly older. He uses both drugs and alcohol, and his explosive temper predisposes him to use violence to control his victims. This rapist has a sense of entitlement; he is macho, married, and divorced. He likely has a history of child and spousal abuse. He presents as a flashy dresser and often drives a flashy, stereotypically macho car. He is self-centered and works in a male-oriented job (Prodan, Michael, Lt. [SSA), personal communication, 2009).
Sadistic Rapist
The sadistic rapist engages in ritualistic fantasy and derives pleasure and excitement from the suffering of his victim(s). His goal is to inflict physical or emotional suffering, in addition to exerting power and control over his victims. The sexual sadist is usually a white male of average to high intelligence. His crimes have been fantasized for years; they are premeditated. The approach to the victim is a con and the level of force is brutal. As long as the victims are not too young, age is not a factor. Often, the victims of sexual sadists are wives, girlfriends, or other female acquaintances. This factor may preclude recognition as the work of a sexual sadist. The crime may instead be incorrectly written off as the product of an “angry” assailant or as domestic violence (Prodan, Michael, Lt. [SSA], personal communication, 2009). Victims may be taken to preselected locations and may be kept for hours or days (Crowley, 1999). Most sexual sadists (77%) employ bondage (Dietz, Hazelwood, and Warren, 1990).
Like other paraphiliacs, the sexual sadist may freely engage consenting or paid partners to play the submissive role. Some sexual sadists cultivate compliant victims. These individuals initially enter into a consensual relationship, but become progressively more caught in the web of manipulated activities of a sadomasochistic nature. Compliant victims differ from consensual partners; most are wives or girlfriends. The sexual sadist may progress to animals, consenting/paid partners, compliant victims, and finally, sexually homicide victims (Prodan, Michael, Lt. [SSA], personal communication, 2009).
Bondage is the restriction of movements, or use of the senses to enhance the sexual arousal of the offender. It differs from binding, which is done solely for purposes of victim restriction or restraint. Bondage includes four characteristics:
• The binding has symmetry, neatness, and balance.
• The victim is bound in a variety of positions; he or she is often photographed in those positions.
• The binding is more than necessary to control or secure the movement of the victim.
• The binding is elaborate and excessive.
When evaluating behaviors that may be manifested at the crime scene or on the body of the victim, it is important to differentiate other behaviors, that might be confused with sexual sadism. These include institutional or politically sanctioned cruelty, mob mentality, revenge, interrogative behaviors, ritual abuse, and postmortem mutilation (Prodan, Michael, Lt. [SSA], personal communication, 2009).
According to Dietz (1990), there may be evidence of severe torture, even mutilation, without true representation of sexual sadism. Pain cannot be inflicted on a dead or unconscious person; thus, postmortem mutilation or necrophilia is not motivated by the same set of desires.
In an uncontrolled, descriptive study of 30 sexual sadists, 22 were responsible for 187 murders. This study included characteristics of both the sexual sadist and his crime(s). Of note, there was a greater incidence of forcible penetration of the anus and mouth versus the vagina. Anal rape was the most common sexual activity (occurring in 22 of the 30 rapists. This was followed by fellatio, vaginal rape, and foreign object penetration. Most of the victims (two out of three) were subjected to at least three of the four acts (Hazelwood et al., 1992).
All but one assailant in the sexual sadist study group was white. Forty-three percent were married at the time of the offense; some sadists repeatedly used the same torture methods. This suggests that it was the offender’s signature, or calling card. The study confirmed the association of sexual deviations in this group of paraphiliacs. Over 50% kept detailed documentation (written, photographic, video) of their exploits. Sexual sadists’ crimes were extremely well planned and executed (Dietz, et al., 1990). Other characteristics of sexual sadists included the following:
• Demographic specificity in his victims
• Con approach; selfish and brutal
• High IQ; paranoid/psychopath
• Theme-oriented pornography
• Gun/knife collection; Nazi collections
• Detective magazines
• Suicidal ideation
• Big dogs
• Able to hide sexual behaviors well; little to no arrest history (Prodan, Michael, Lt. [SSA], personal communication, 2009)
Forensic implications for this typology of rapist include bondage, cutting of clothes, recording of activities, and retarded ejaculation. Because the victim may be kept and tortured over a period of hours to days, there may be wounds in various stages of healing (Crowley, 2004).
To identify an offender’s sexual motivation for a particular homicide, information is gleaned from the following sources
• Accurate assessment of information regarding the victim
• Crime scene(s)
• Forensic reports
• Nature of the behavioral exchange between the victim and offender (Hagan, S., in Crowley, 2004):
Collaboration of a forensic clinical nurse specialist (FCNS) with a criminal investigative analyst illustrated the complimentary nature of the two disciplines during the investigation of a sexual homicide (Crowley & Prodan, 1996).
Sequential Methodology for the Evaluation of the Sexual Homicide Victim
Even within state borders, jurisdictions and programs may vary in how they implement a particular protocol. This holds true for a methodology that has been designed to capture all facets of the examination process and ensure that the myriad aspects will be completed. The following methodology and protocol is largely derived from “A Mobile System for Postmortem Genital Examinations with Colposcopy: SART-TO-GO” (Crowley, 2004).
Roles and responsibilities
Before the actual autopsy, the clarification of individual roles and responsibilities is essential. There are unavoidable areas of potential overlap, including the collection of clothing, photography, documentation of nongenital trauma, and the collection of samples from potential bite marks (Crowley, AAFS, 1998). Although a FNE may routinely collect, examine, package, and document clothing for a living sexual assault victim, this may or may not be the routine for a particular medical examiner’s/coroner’s (ME/C’s) office. For the postmortem milieu, creation of checklists for team members is a pragmatic way to ensure that someone with the appropriate skill level is attending to all the tasks at hand. Unlike the procedure followed with the antemortem patient, the opportunity to reexamine (i.e., return for an additional follow-up examination) is rare. The forensic nurse may be in an advantageous position to provide overview of this process or at least ensure that the role she or he has undertaken is symbiotic and efficacious with other members of the homicide team.
As an example of potential role overlap, if a forensic odontologist is not readily available, the FNE may collect saliva samples or provide castings of a potential bite mark. If at all possible, the FNE will conduct the genital examination and collect biological specimens before the forensic pathologist conducts the general autopsy. However, there are instances where the autopsy has already been performed and the nurse examiner is consulted afterward. Flexibility is essential.
The anogenital examination should be preceded by a preliminary overview of the body by the forensic pathologist, with notation of gross features, such as clothing, general physical status, grossly apparent nongenital trauma, and other findings. The genital examination can then include prompt collection of biological specimens. It also avoids obscuring the genital area “field” by leakage of body fluids through the vaginal opening (Crowley, AAFS, 2003).
Set up a work area before the examination begins. Although this step seems obvious, some jurisdictions do not have a centralized morgue. In some cases, private mortuaries are used to conduct the actual autopsy. Space may be limited. If sufficient counter space is not available, a spare gurney may be covered with paper drapes or even personal protective gowns to use as a workstation. In addition to the usual, customary supplies used during an antemortem examination, the postmortem milieu brings to the stage a new set of ubiquitous factors and considerations (Table 20-1).
*Cut fingers off of powder-free exam gloves. Stretch over camera, lenses, colposcope handles, etc., to keep clean. Disposable shower caps can also be used. | ||||
(Crowley, Sharon Rose. “Postmortem Genital Examinations with Colposcopy: SART-TO-GO.” Reprinted with permission, from the Journal of Forensic Sciences, Vol. 49, No. 6, copyright ASTM International. 100 Barr Harbor Drive, West Conshohocken, PA 19428). | ||||
Colposcope & Camera | Exam Equipment | Evidence Kit & Supplies | Other | Documentation |
---|---|---|---|---|
Colposcope | Vaginal specula, various sizes, individually wrapped | Sealed sexual assault evidence kit | Wood’s lamp | Medical-legal forms |
Rolling base | Alternate light source (optional) | Autopsy diagrams/traumagrams | ||
Colposcope mount system | Anoscopes-individually wrapped | Extra Dacron/cotton swabs, slides | Film for fluorescent & reflective imaging (optional) | |
Travel case | Rubber-bulb syringe | Extra bindles & paper bags | Bitemark impression material (optional) | Dictation format |
Folding ramp for loading colposcope | Balloon-covered swabs | Gloves | ||
Food pedal (optional) | Procto/rectal swabs | Sterile water: bottle or single-use plastic vials | Scrubs | Photographs, prints, slides |
Autowinder for 35 mm SLR 33 mm SLR Camera: Databack or unique ID system | Sterile scalpels, slides | Personal protective equipment | Videos, CDs | |
Colposcope ID Tag; Various lenses, macrolens | Post-its; Suture removal kits (with scissors), Pipettes, syringes | 10% bleach solution Disinfectant solution/wipes | Supplemental medical records | |
Flash system, optional ringflash, 35 mm film (slides or prints) | Body positioning aides: Headrests | Protective coverings for camera/colposcope* | ||
L-shaped ABFO-scale | Sandbags (vinyl-covered; at least 4.5 kg each) | Lucite swab-drying box | ||
Optional camera systems: Digital, video; Tripod (optional) | Urine specimen cup |
Open a sealed sexual assault evidence kit (Fig. 20-1). Arrange items in the anticipated order of collection. If a Lucite air-drying box is available, swabs and slides can be lined up, in slots prelabeled or marked with a pencil/slide marker to indicate each body cavity or anatomical site of collection. A 10% bleach solution should be available to disinfect the swab-drying box between patients, to avoid cross-contamination of DNA.
Fig. 20-1 (Courtesy Los Angeles County Sheriff’s Department Crime Laboratory). |
Salient case data
Note both on the form and on the evidence kit which law enforcement agency is investigating the case. This case number often serves as the case identifier for evidentiary samples, photographs, and documentation forms. Some case data, such as the cause and manner of death, should always be verified with the forensic pathologist, and this information can be completed after it is available.
In the process of documentation, the following items should be indicated:
• The number of victims (and suspects, if known)
• The manner (type) of case (natural, suicide, accident, homicide)
• The date/time/location that the body was discovered
• The general interval to examination (defined as interval from the time of body discovery to the postmortem genital examination):
≤ 24 hours
24 to 48 hours
48 to 72 hours
72 to 96 hours
≥ 5 days
Unknown
Demographic data
Document any identifying information available at the time of the postmortem anogenital examination. Also describe the general appearance of the body at the time of the discovery of the decedent. There is often a scarcity of information available at the initial point in the investigation. However, the FNE can document the need to review the medical history, when available (Crowley, 2004). Where information is missing or unknown, indicate as such. Examiners should try to record the following:
• Name (alias, nicknames)
• D.O.B., age or apparent age (if apparent, per forensic pathologist)
• Gender (male/female)
• Ethnicity
• Race
• Address
• Social Security/driver’s license/passport/other identification number
• Note if the individual was institutionalized.
• Name of the person who found the body
• Last known time the decedent was seen and by whom
• Position of the body when it was discovered (Was it openly displayed, concealed/hidden, or unknown?)
• Staging: the body is intentionally placed in an unnatural or unusual position (staging is alteration of the crime scene before the arrival of police, either by the offender to redirect the investigation away from the most likely suspect, or by family and friends of the victim to protect the victim or victim’s family)
• Ligatures or other restraints
• Type of binding material: gag, blindfold, other
• Location of the restraint on the body (Was it left on the victim or found at the scene?)
• Weapon use? (If known, document, the type of weapon that the assailant used. Was the weapon left at the scene?)
• Condition/disarray of clothing on the victim’s body or at the scene (Was the victim fully/partially dressed, completely nude, redressed, cut/torn? Were there obvious items missing, unknown? Were the clothing and bed linens removed from the crime scene?)
History
If information and records are available, the examiner should glean as much as possible about the victim’s prior health and lifestyle. Document the source of the data.
• Past medical history, surgeries; known significant (recent) weight loss or gain
• Psychiatric illnesses
• Medications (over-the-counter or prescription), supplements, herbs, hormones, other
• Any physical disabilities, use of assistive devices, amputations, skeletal remains
• Was the victim pregnant? (If yes, note estimated day of delivery [EDD] or number of weeks. Also note if this EDD was determined by history, examination by the forensic pathologist, or both.)
• Known gynecological conditions; number of children
• Last medical/gynecological examination
• Last menstrual period (LMP)
• Consensual sexual activity (≤ 5 days), or last known consensual sexual activity
• Occupation or visible means of support
• Lifestyle (e.g., homemaker, student, professional, technical/trade, homeless, runaway, prostitute, hitchhiker, drug user/seller, other, unknown)
• Sexual orientation: heterosexual, homosexual, bisexual, transgender, unknown, transsexual (male to female), transsexual (female to male)
• Relationship of the victim to the offender (stranger, acquaintance, relative, spouse/ex-spouse, boyfriend/ex-boyfriend, employee, coworker, neighbor, other, unknown) (Crowley, 2004)
General physical examination
Document the physical condition in which the body was found. After consultation with the forensic pathologist, note the following:
• Presence of rigor mortis, livor mortis, algor mortis
• Insect activity
• Rodent/animal activity
• Height, weight (note whether estimated or measured)
• Hair (color/length/style)
• Eye color
• Glasses, contact lenses, eye prosthesis
• Teeth: condition (e.g., absent, dental work, braces, dentures)
• Vomitus, feces, or apparent urine that may be on the body or clothing; describe
• Scars, tattoos, birthmarks, moles, piercings, any other marks (e.g., writing/drawing on the victim’s body)
Clothing
The examiner may assist or collect any clothing found on or with the body. Items of clothing may be evaluated relative to particular features of the crime. Examples are tears in clothing that may correspond to wounds on the victim’s body, weapon use, or undergarments that are on backward/inside out. Observe for tears, rips, stains, and overt foreign matter. Backlighting of clothing items can also be incorporated.
If the clothing is still on the patient at the time of the nurse examiner’s arrival, the nurse should place two sheets of examination paper on the floor. This will permit collection of bits/particles of trace evidence or debris, which may fall out when the clothing is removed from the body. Avoid shaking clothing items or folding garments across a stain. Collect debris, fibers, and any foreign material; inspect and package the clothing over the protective sheets of paper, reviewing each clothing item. It may be helpful to scan items, especially underpants, with a light source (e.g., a Wood’s lamp or an alternate light source). Salient items may be photographed.
Using paper bags, package items of clothing separately. Ascertain if any bed linens/bedding were collected from the scene, if appropriate. Itemize and provide a brief description of the items on the outside of the paper bag; this should ideally be done before inserting them into the bag. Note obvious tears, stains, or other marks on the paper evidence bag and label accordingly. The top sheet of paper used for protection from contamination by the floor should be packaged into a separate, labeled bag/bindle. The bottom sheet(s), directly in contact with the morgue floor, should be discarded.
Toxicology, serology, and urine specimens
Depending on local protocol, the nurse examiner may either assist with collection of these specimens or simply note that they were collected by the ME/C staff. All of the vitreous humor and urine are collected with a clean needle and new syringe.
In some cases, and depending on local protocol, the HIV status of the decedent may be requested. The local public health department may request serology after accidental exposure to blood or body fluids by emergency first responders. To satisfy this request, an extra red-top tube of peripheral blood can be obtained during the autopsy. This tube can be spun down in the morgue laboratory; the decanted serum is saved. This serum would then be submitted to the pubic health laboratory for HIV testing (Peterson, 2009).
Any wounds and body cavities should be inspected for obvious signs of debris, trace evidence, or body fluids. The entire body can be scanned for suspicious stains or fluorescence. Darken the room and scan the entire body using either a Wood’s lamp or alternate light source. If an alternate light source is not available, a Wood’s lamp is still considered a useful adjunct for general scanning to help discern potential stains and guide the collection of evidentiary swabs (Golden, 2008).