Sexual assaults against adults
| Author | Timothy E. Zerillo |
| Pages | 419-474 |
SEXUAL ASSAULTS
AGAINST ADULTS
11-1
CHAPTER 11
SEXUAL ASSAULTS AGAINST ADULTS
Sex crimes are such a big area of my practice, and have so many issues to deal with, I have tried to
divide them in this book into several different areas. This Chapter focuses on sex crimes where adults
are the complainants. In Chapter 12, we look at sex crimes where children are the complainants, and
then, in Chapter 13, we tackle child pornography.
I. COMMON ISSUES WITH SEXUAL ASSAULTS AGAINST ADULTS
A. Rape Shield Laws and Sex Offender Registration
§11:01 Rape Shield Laws
§11:02 Sex Offender Registration
B. Investigating the Sexual Assault Case
§11:10 Launching Your Investigation
§11:11 Interviewing the Complainant
§11:12 Tone of Interview
§11:13 Get Details; Find Contradictions
§11:14 Importance of Recording Interview
§11:15 Restraining Orders
§11:16 Video Surveillance
§11:17 Phone Sting
§11:18 Social Media
§11:19 Preservation Requests for Social Media Evidence
§11:20 FORM 11-10 Social Media Preservation Request
§11:21 Cell Phone Records
§11:22 FORM 11-20 Subpoena for Cell Phone Records
§11:23 Expand the Universe of Your Investigation to Other Witnesses
II. FORCIBLE RAPE
A. Elements and Common Scenarios
§11:30 The Elements
§11:31 Forcible Rape by Stranger
§11:32 Forcible Rape by Acquaintance
§11:33 Common Scenario
B. Strategies and Tactics
1. Defendant Is a Stranger
§11:40 Cross Racial Identification
§11:41 Eyewitness Identity Problems
2. All Cases
§11:50 Psychological Testing
§11:51 On Your Feet
SEXUAL ASSAULTS
AGAINST ADULTS
Defending Specific Crimes 11-2
C. Motions
§11:60 Motion to Sever Defendants
§11:61 FORM 11-30 Motion to Sever Defendants
§11:62 Motion to Sever Joined Counts
§11:63 FORM 11-40 Motion to Sever Joined Counts
D. Trial
1. Opening Statement
§11:70 My Approach
§11:71 Sample Opening Statement Excerpt
2. Cross-Examination of Key Witnesses
a. Cross-Examination of Complainant’s Friend
§11:80 First Complaint Doctrine
§11:81 Key Points
§11:82 Witness Gave Statement to Help Complainant
§11:83 Witness Appreciated Need for Thorough, Accurate Statement
§11:84 Facts Were Fresh in Witness’s Mind
§11:85 Complainant Willingly Accepted Ride
§11:86 Complainant’s Motive for Lying about Rape
§11:87 Complainant’s Inconsistent Statements
b. Cross-Examination of the Police Officer
§11:100 Key Points
§11:101 Victim’s Statements to Officer Suggest She Had Chance to Escape
§11:102 Missing Evidence
§11:103 Inconsistency Between Officer’s Report and His Testimony
§11:104 Defendant Had No Injuries
§11:105 Officer’s Investigation of Scene
c. Cross-Examination of Alleged Rape Victim
§11:110 Key Points
§11:111 Victim Left With Defendants Voluntarily
§11:112 Victim Had Opportunities to Escape
§11:113 Inside the Motel Room
§11:114 Complainant’s Embarrassment on Returning Home
3. Closing Argument
§11:120 My Approach
§11:121 Sample Closing Argument
II. DATE RAPE AND SEXUAL ASSAULT
A. Elements and Common Scenario
§11:130 The Elements
§11:131 Common Scenario
B. Strategies and Tactics
§11:140 Social Networking Sites
§11:141 Surveillance Cameras
§11:142 FORM 11-50 Letter to Preserve Surveillance Video
§11:143 Video Recreations
§11:144 Measurements
§11:145 Witnesses
§11:146 Victim’s Records
§11:147 Clothing
§11:148 Polygraph
SEXUAL ASSAULTS
AGAINST ADULTS
11-3 Sexual Assaults Against Adults
C. Trial
1. Trial Themes
§11:160 S and M and Rape Fantasy
§11:161 Failure to Inform Others Promptly
§11:162 Failure to Report Crime Promptly
§11:163 Story Changes Over Time
§11:164 Story Fabricated to Save Face
2. Jury Selec tion
§11:170 Jury Questionnaires in Sexual Assault Cases
§11:171 FORM 11-60 Sexual Assault Jury Questionnaire
§11:172 FORM 11-70 Sexual Assault Voir Dire
3. Cross-Examination of Complainant to Date Rape
§11:180 Key Points
§11:181 Complainant’s Disciplinary History
§11:182 How Defendant and Complainant Met
§11:183 At the Scene of Alleged Rape
§11:184 The Walk of Shame
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