Sexual Assault Crimes Training for Law Enforcement

1
Sexual Assault Crimes Trainingfor Law Enforcement

• Module 5
• Sexual Assault Penal Code

2
ACTIVITY

• What Do You Already Know?

3
What You Will Learn

• Connecticut statutes pertaining to sexual assault
• What crime elements are required to arrest for
  sexual assault in Connecticut
• Practice in applying those elements to case
  scenarios

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Connecticut General Statutes

• CONN. GEN. STAT. 53a-70 Sexual assault, first
  degree
• Class A felony if victim is under sixteen and
  perpetrator uses force or threatens force, or if
  victim is under 13 and perpetrator is more than
  two years older than victim
• Otherwise, class B felony
• CONN. GEN. STAT. 53a-70a Aggravated sexual
  assault, first degree
• Class A felony if victim is under 16
• Otherwise, class B felony

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Connecticut General Statutes

• CONN. GEN. STAT. 53a-70b Sexual assault in the
  spousal or cohabiting relationship
• Class B felony
• CONN. GEN. STAT. 53a-70c Aggravated sexual
  assault of a minor
• Class A felony
• CONN. GEN. STAT. 53a-71 Sexual assault, second
  degree
• Class B felony if victim is under 16
• Otherwise, class C felony

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Important Legal Terms

• Actor person accused of sexual assault
• Sexual intercourse
• Sexual contact
• Impaired because of mental disability or disease
  (was mentally defective)
• Mentally incapacitated
• Physically helpless

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Legal Definition Sexual Intercourse

• Vaginal intercourse
• Anal intercourse
• Fellatio oral stimulation to penis
• Cunnilingus oral stimulation of vulva/clitoris
• Between persons regardless of sex
• Penetration - however slight
• Penetration - can be digital or with object
• Does NOT require emission of semen

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Legal Definition Sexual Contact

• Any contact with intimate parts of actor or
  victim
• For sexual gratification, degrading or
  humiliating the victim

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Intimate Parts

• Genital/groin area - or any substance from there
• Anus - or any substance from there
• Inner thighs
• Buttocks
• Breasts

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Lack of Consent Incapacity

• Impaired because of mental disability or disease
• Mentally incapacitated (condition brought on
  without victims consent)
• Physically helpless

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Use of Force Sexual Assault in the First Degree

• Use of a dangerous instrument
• OR
• Use of actual physical force or violence or
  superior physical strength against the victim

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Minors

• Minor under 13 and the actor is at least 15 years
  old
• Minor 13 years or older, but under 15 AND the
  actor is more than three years older
• Legal age of consent is 16

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Other Prohibited Sexual Contact

• Psychotherapist
• Clergy
• Doctor
• Nurse
• Coach
• Psychologist
• School employee
• Substance abuse counselor
• Social worker

• Client/
• Patient/
• Student

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The Scenario

• The sexual assault occurred shortly before 7 a.m.
  on Oct. 17, 2010. The woman was running along
  Fern Street in West Hartford, a busy and
  well-traveled area, when she was attacked and
  dragged into some bushes in the front yard of a
  home. After the man raped her, she sought help
  from nearby residents, who called police at 656
  a.m.
• Police flooded the neighborhood and used a dog to
  track the attacker, but he got away.
• Monroig-Rosario was linked to the crime through
  DNA. West Hartford police took him into custody
  Nov. 17, 2010, a month after the crime.
• http//articles.courant.com/2013-05-23/community/h
  c-west-hartford-runner-sexual-assault-0524-2013052
  3_1_15-year-sentence-maximum-sentence-plea-agreeme
  nt

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What penal code(s) would apply?

• The man who attacked and raped a runner on Fern
  Street in West Hartford in October 2010 is
  scheduled to be sentenced next week to 18 years
  in prison for the crime.
• Eddie Monroig-Rosario, 33, was set to go to trial
  on the sexual assault charge, but during a
  routine court appearance last week he opted to
  plead guilty to first-degree sexual assault and
  first-degree unlawful restraint. He's already
  serving a 15-year sentence for several
  burglaries.
• http//articles.courant.com/2013-05-14/community/h
  c-west-hartford-sexual-assault-0515-20130514_1_edd
  ie-monroig-rosario-plea-agreement-first-degree-sex
  ual-assault

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The Scenario
The most serious allegation against Njoku, 53,
was that he raped a female patient at his East
Hartford office in October 2011. The woman also
accused Njoku of touching her inappropriately on
another occasion. Four other patients allege
that Njoku touched them inappropriately during
medical exams. Charges remain pending. The
allegations led the state Medical Examining Board
to revoke Njoku's license to practice medicine
last year. http//www.norwichbulletin.com/news/x1
465124115/East-Hartford-doctor-acquitted-of-rape-c
onvicted-of-assault
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What penal code(s) would apply?

• A jury found a former East Hartford doctor not
  guilty Thursday of raping a patient but convicted
  him of a lesser charge of sexual assault. Edwin
  Njoku also was convicted of witness tampering
  related to an attempt to pay off the family of
  the patient the jury said was sexually assaulted.
• The Hartford Superior Court judge set Njoku's
  bond at 3.5 million and he was taken into
  custody. He faces up to 11 years in prison when
  sentenced on Sept. 26.
• Had he been convicted of the first-degree sexual
  assault charge, he could have faced 20 more years
  behind bars.
• http//www.norwichbulletin.com/news/x1465124115/E
  ast-Hartford-doctor-acquitted-of-rape-convicted-of
  -assault

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ACTIVITY

• Review of Learning

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Checklists to Review on Your Own

• What to SAY to a Victim During First Response
• What to SAY to a Victim During the Follow Up
  Interview
• What to GIVE a Victim
• Forensic Exams

This module was produced by Connecticut Sexual
Assault Crisis Services, Inc. (CONNSACS) in
collaboration with the Connecticut Police
Officers Standards and Training Council
(POSTC) and the Connecticut Police Chiefs
Association (CPCA) through the support of
subgrant No. 2009-WF-AX-0019 awarded by the state
administrating office for the STOP Formula Grant
Program.  The opinions, findings, conclusions,
and recommendations expressed in this publication
are those of the author(s) and do not necessarily
reflect the views of the state or the U.S.
Department of Justice, Office on Violence Against
Women.