Review the following scenario:
You are working your local police department, assigned to investigations, and reviewing a rape report.
Your victim is a sexually active 22-year old female. The incident occurred over three weeks ago. Victim was on a date, which included three drinks each over dinner. She then returned to her apartment with the Suspect and they were engaged in kissing and light touching. When she tried to stop the incident from going any further, the Suspect continued and became aggressive. Despite the Victim saying, “No!” and “Stop it!” several times, the Suspect overpowered her and forced intercourse.
Suspect continues to text Victim but she has limited or ignored most contacts.
There was a delay in reporting.
A sexual assault physical examination was not obtained due to the timeline. Because of the time delay, there is no physical evidence.
You bring your Victim in and arrange for a pre-text phone call.
The pretext telephone call is simply a tape-recorded telephone call between the victim and the suspect. The call is usually initiated by the victim under the supervision of a police officer, and the suspect is not aware the call is being recorded. The purpose of the call is to solicit incriminating statements from the suspect.
A summary of the pre-text phone call is as follows:
Susp: Are you mad at me?
Vict: Why did you do that to me?
S: Do what?
V: You know damn well what!
S: I know. I’m sorry. Sometimes I guess I just get carried away.
V: That is NOT ok!
S: I know but I really like you and want to see you again.
V: What were you thinking? I mean, you heard me say “Stop,” didn’t you?
S: I know. I know. I’m sorry but I just really like you.
V: How do you think that made me feel?
S: I know. I’m sorry. Can I see you?
V: No. Not right now.
S: But…
V: Maybe another time.
End of pre-text phone call.
Consider the following possible charges: Rape, Assault with Intent to Commit Sex Offenses, and Sexual Battery.
Follow the IRAC method. Break down each issue. Each Issue needs its own (1) Rule of Law (the elements of the offense, (2) Analysis where you link the rule of law directly to the fact pattern scenario (the why drawn from the facts, and (3) a conclusion as to whether that offense can be charged or not.
After carefully evaluating the scenario, submit minimum one paragraph summary for each of the IRAC steps individually:
Issue:
Rule:
Application:
Conclusion:
