Investigation of attempted rape

Abstract

This paper presents a system of recommendations for investigating attempted rape, which supplements the existing criminalistic methodology of rape investigation. Problems of proving attempt at rape are listed. The author offers a classification of typical investigation situations for attempted rape. It is noted that the most challenging investigation situations are as follows: a rape attempt was committed by an unknown person who fled the crime scene; a series of attempted rapes was committed; attempted rape led to the death of the victim. Specific characteristics of the subject of proving cases of attempted rape are shown. Typical lines of investigation are enumerated and the potential of specific investigation actions for this category of crimes are examined. The value of testimonies of the victim at the establishment of voluntary refusal of rape is considered. The evidence value of forensic, traceological examinations in cases of attempted rape is underlined. The author shows the practical value of forensic psychological examination in the cases where attempted rape or the preparation of rape resulted in the death of the victim after a fall from a height. A conclusion is argued that it is necessary to recognize as wrong the recommendation of conducting a psychologicalpsychiatric examination when verifying a report of attempt at rape. Authors substantiate the need to study investigative practice in cases of necessary defense, on exceeding the limits of necessary defense, on crimes against life and health in which the suspect puts forward an acquittal version about physical protection against sexual assault.