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Psychological bases of investigators' training for investigation of crimes against minors

Brizhak Z.I.

Volochay S.N.

Child protection from various negative influences existing in society is a priority problem of the state. Within its solution there is a diverse activity including, along with other directions, criminal and legal aspects of protection of the rights and interests of minors, especially juvenile.

In the publications of last years on these problems it is constantly reported about a considerable increase of crimes of a sexual orientation against minors. Emphasizing it, in particular, it is reported about 30 thousand crimes made in 2010 in Russia against life and health of children. From them there are about 961 rapes, including about 384 victims who have not reached the age of 14 years. Speaking about so-called nonviolent sexual crimes (sexual intercourse and other actions of sexual character with the person who has not reached sixteen-year age - article 134 of the criminal code of the Russian Federation and lecherous actions - article 135 of the criminal code of the Russian Federation) it is also noted a high rate of growth (according to different estimates in 20 and even in 28 times) [2, 10]. Approximately the same data are provided for 2011.

Without calling in question the specified figures, we dare to treat critically that a considerable increase of crimes of the specified group against children occurred in recent years. In our opinion if there is an increase in their quantity, it is insignificant; high indices is a consequence of sharp increase of social interest in the problem. As to an absolute quantity of the specified crimes, considering their traditional high latency, reasonably we assume that this quantity is really greater several times. These conclusions are proved by the data received in the area of various departments, and also by the material which has been personally collected by us in the course of interviewing of persons, professionally working with children, victims of crimes of a sexual character.

Even in regions where such crimes are a rarity owing to local traditions and the tenor of life, there are the tendencies indicating distribution of these acts (there are known facts of institution of criminal proceedings according to chapters of article 18 of the criminal code of the Russian Federation in the republics of the North caucasus). victim crime investigator offense

All foregoing speaks about the necessity of carrying out of a large-scale and system activity within the framework of detection and investigation of crimes of a sexual character committed against children of various age and in this case they assign a leading part to the Investigative committee of the Russian Federation.

All branches of the power give to understand that in this state activity sphere they wait for essentially new approaches which should provide true, instead of imaginary protection of life and health of children.

The reaction to current situation are changes in the legislation, connected with differentiation of responsibility for sexual crimes depending on age of victims, and also the changes concerning investigative jurisdiction according to which now all crimes against sexual inviolability and sexual freedom of personality are investigated by investigators of the Investigative committee of the Russian Federation.

As it was emphasized in mass media, the necessity of approval of such changes of the legislation is caused by high public danger and complexity of evidence of crimes of a sexual character, and also by that in recent years the number of such crimes grew in tens of times and changes are approved with a view of more effective investigation and prevention of similar acts [10].

Along with knowledge of the legislation, existence of communicative abilities, ability to make imperious volitional decisions, investigators should be prepared for studying of information on crimes of a sexual character committed against children of various ages. Special value has taking into account of age and corresponding to them psychological features of children, victims of commission of the specified crimes, an act commission way and a situation that allows to define the mechanism of interaction of the criminal with the victim, trace formation and, finally, to put forward reasonable versions about the criminal. That is investigators investigating sexual crimes committed against children of various ages should be trained for such an investigation including in information aspect.

Studying of various information sources within the studied problems allowed to draw a conclusion that now the greatest part of the publications concerning a technique of investigation of crimes with participation of minors is devoted to the persons committing these crimes [1, 4-9].

In the specified researches there are considered the questions devoted to elements of the characteristic of crimes of minors, to interrelations of these elements, features of the standard investigatory situations arising at various stages of investigation, including psychological features of suspects and accused, influencing formation of these situations, and also to tactical features of preparation and carrying out of certain investigatory actions.

Much less attention is devoted to studying of crimes of a sexual character in which children act as victims of criminal actions. From here there is a lack of information on these crimes, on interrelations of the most important signs which characterize them. It is necessary to say that nevertheless researches in this field were carried out recently. V .N. Karagodin's and I .S. Fedotov's works [3, 11], in our opinion, became especially appreciable. however we should notice that, here sexual crimes against minors are studied not as an independent object, but in the whole set of crimes committed against the specified group of subjects. At the same time the authors agree with the opinion that with a view of increase of investigation efficiency and considering the high public importance this group of criminal actions demands a fundamental independent studying.

The analysis carried out by us says that it is a shouting problem demanding urgent solution. It seems that the objective characteristic of the standard criminal situations which basis is formed by age, psychological and other features of minors, victims of crimes, and also the interconnected with them features of a situation in which they are committed, a way of their preparation, commission and cover-up should become the first stage.

We distinguish situations of single assault on the child, long sexual interaction under duress and long interaction with the child's “consent”. In turn these situations are subdivided depending on the specified age, psychological, social and other characteristics of victims, and also on signs of a situation and a way of crime preparation, commission and cover-up.

Situations of single assault on the child and his/her murder are connected with the following standard situations

We subdivide this group of situations into three subgroups. In a division basis we put psychological-age characteristics of victims of crimes.

A. In the first subgroup (about 30 %) the basis is made by children of 10-11 years of both sexes. Lower threshold of the group is 7 years, and upper threshold is 12. The vast majority of such children are subject to suggestibility from adults, as far as criminals (if persuade children to go with them to a lonely place) often play certain roles before the future victims (for example, an acquaintance of parents) thanks to what children agree to the adult's offer. Besides many of minors are inclined to disappearances for a long time without control of parents or the persons them replacing, to systematic vagrancy, many have a low perception threshold of a situation as dangerous to self.

The greatest part of crimes against children of the distinguished subgroup - assault on the victim (irrespective sex) as a result that the murderer saw in advance the child's movement in the direction of a place convenient for assault commission (for example, one of victims went the short road to the musical school, other boy departed near the beach in a secluded place for a need, and in most cases children, walking, went deep into either derelict houses, or afforestations, other secluded places where there was committed the crime against them).

A variation of this criminal situation is that criminals, being in business trip, holiday etc., i.e. is far from a place of the residence, lied in wait for their victims and committed murders.

The remained assaults on children at the age of 7-12 years are characterized by that the criminal uses a situation which has favorably developed. For example, he makes court to a woman with a child, and then kills this woman and also kills her child.

B. One more subgroup distinguished by us (26 %) in the majority consists of girls at the age of 16 years on the average having extremely homogeneous social status. As a rule, they are engaged in prostitution, vagrancy, with alcohol problems, what is used by criminals (according to our data, young men make about 1,5 % in this subgroup).

Situation signs in which there was an acquaintance with the future victim are almost identical: bus station, airports, railway stations and other places of a mass public gathering. The same it is possible to say concerning a situation of places of commission of crimes - a deserted place near the same stations, train station, airports etc. c. One more subgroup (makes 16 %) in the majority is presented by males (about 62 %) at the age of 14 years on the average. In this subgroup there are children inclined to vagrancy, but there are also children living in full families, having normal relations with parents.

The only thing that unites victims (children from the specified group), in our opinion is an uncontrollable or almost uncontrollable by adults pastime at the hours free of study; along with this children don't fear to communicate with strangers, don't fear possible inauspicious circumstances; they are suggestible (especially if outwardly the criminal has a positive image).

These groups different in age characteristics are united with that the minors entering them, owing to features of cogitative and personal qualities, absence of due life experience, can't apply an inauspicious social forecast concerning themselves and own actions, can't anticipate situation development in reality, and also clearly realize its consequences (it is a question of situations when children aren't under control of parents or adult relatives). In this regard even in the presence of obvious threat (not to mention situations in which this threat isn't obvious) teenagers hope to avoid complications; they are sure of their ability to attempt resistance, and girls consider that at danger will manage to leave a room, district or not to allow undesirable succession of events in any other manner.

Thus, if younger representatives of this group appraise situations, in which they are, owing to a lack of experience, more senior representatives promote easy contacts with criminals because of unsuccessful relations with those who are responsible for their education (incomplete families, alcoholism of parents, neglect, homelessness etc.). criminals consider these properties and either find their victims in places of a mass gathering of people, including places where minors pass the most part of time (stations, bus stops, schools etc.) and then decoy into a deserted place (cemeteries, suburbs of the cities, settlements), or wait them in such places, knowing that children visit them regularly without adults (attics, basements, public toilets, entrances of blocks of flats etc.). At a victim choice an important factor is that, according to rapists, victims owing to their physical data can't offer real resistance.

The direct violence is the main purpose for them. Murders with special cruelty are peculiar to them. As a rule, they find a set of bodily injuries on a corpse. At the same time on a body of victims it is possible to see large penetrating wounds. These persons have a morbid attraction to the sight, taste, smell of blood therefore they try to cause a voluminous bleeding of the victim, cutting large blood vessels.

A concrete place is often a stimulating factor for commission of the next crime. Unlike others for these persons it is characteristic a certain “style” connected with repetition of the same actions, manipulations. criminals get sexual satisfaction at the sight of corporal hurts of the victim, inflicting of a bodily harm drawing of bodily harms. Sometimes aggression is expanded; it is directed not only on people, but also on animals. It is possible to find killed cats, dogs etc. on the scene of an accident. From places of incidents quite often such persons take with them subjects which further can serve as excitors for them.

Long sexual interaction under duress

In the overwhelming quantity of the studied cases, the victims of sexual crimes of this group are female persons at the age of 12 years. There are cases when the girl was under the age of 7 years (we fixed about 12 % from the total of such cases).

If the victim of the long sexual interaction under duress is a boy, in the prevailing majority of cases it is a person who was under the age of 10 years, and often 9 years, at the moment of crime commission. More often crimes against juvenile males are made by persons who, owing to their professional duties (the games-master, the trainer in sports section, the training officer, the doctor etc.) constantly communicate with boys, have prestige with them and, owing to this fact, can exert an impact on them. More often such relationship occurs in the offices occupied by criminals in compliance with their permanent or temporary residence.

Long term of such relationship is supported by various means of moral and material encouragement. Signs of crimes are usually found by parents or relatives of boys. These are either marks of traumas, or photo or video data. As a rule, persons who commit such crimes had invited suspicions of colleagues, relatives, law enforcement agencies in participation in the described above criminal activity; therefore the most detailed check of the material characterizing the suspect's life (family, environment during study, former work, information from law enforcement agencies in a place of former residence) can give invaluable information for detection and investigation of crimes.

A variation of the criminal situation described above is long sexual coercion from elder males with whom the victim goes to school, boarding school, orphanage etc. As a rule the first contact is the aggravated assault, and the subsequent occurs under the threat to noise abroad this fact. Usually the rapist reports about such contacts to contemporaries anyway, and a certain circle of people in the establishment where minors study or live knows about these relations. girls from the specified group are victims of long compulsory sexual contacts of native fathers, stepfathers or the men living near girls and having a possibility often to communicate with them. Very often they are subject to suggestibility of adults. Especially often criminals use that circumstance that they are at home or near any housing where remain alone with the victim chosen by them, and the child thus doesn't tell mother either, other relatives, or people close to him/her about such contacts under the threat that the criminal would make something awful with these relatives.

Long interaction with the child's “consent”

From the materials, which we have managed to collect, it is difficult to distinguish a typical criminal situation as the material volume is very small. Nevertheless, it allows to make some conclusions.

First, such situations are met and will be met even more often further. They are not revealed because children hide them and they become known only when there are any consequences of these relations (pregnancy, infection with a venereal disease etc.).

According to our data, the age of victims of such “relations” varies from 6 to 16 years; though the majority of them are children under the age of 12 years. There are met both girls, and boys. In our sample there were more boys, victims of crimes, but it is impossible to say that there is a clear sexual differentiation.

So-called “meetings with consent” occurred in a place of the criminal's work. More often money acted as a way to achieve such consent. considering personal characteristics of children (from incomplete and rather poor families, deprived of attention, caress, with undevelopment, suggestible etc.), criminals manage to achieve a consent of children and their silence that cost little money. Such meetings last for a quite long period; nobody knows about them.

Besides the objective traces traditional for crimes of a sexual character, evidences of minors are of great importance. Preparation for hearing the most truthful and full evidences is possible only on the basis of use of special knowledge in the field of psychology. In is the skilled psychologist who, using the practices in communication with children, victims of violence, can make an objective psychological portrait of the child and help to use it when receiving data on a crime.

The value of criminal situations, first of all, consists in that, knowing features of a situation of commission of sexual crimes against minors, specifics of ways of their commission and, especially, data on victims' personality, it is possible to put forward reasonably versions about a mechanism, possible trace picture and to plan actions of the investigator on identification, fixing and research of traces of a criminal event for its most effective detection and investigation.

References

1. Bukayev N. M., Maltsev V . V . Investigation of juvenile crimes. - Rostov-on-Don: Fenix, 2006.

2. Speech of the chairman of the Investigative committee of the Russian Federation, A.I . Bastrykin, at the enlarged session of board “On the results of work of investigating bodies of the Investigative committee for 2010 and the tasks for 2011” // Investigator. - 2011. - # 1. - P. 25-26.

3. Karagodin V . N. Investigation of crimes against minors. - M., 2010.

4. Kostina L.N. Psychological support of investigation of collective crimes of minors: abstract, dissertation, Doctor of Psychological Science. - M., 2010.

5. Mavrenkova E.A. Psychological features of juvenile participants of collective sexual crimes: abstract, dissertation, candidate of Psychological Science. - Rostov-on-Don, 2005.

6. Mikhailova O. Y., Tselikovsky S.B. juvenile delinquency: legal and criminal-psychological analysis. - Rostov-on-Don, 2005.

7. Orlova Y.R. Features of investigation and prevention of crimes of minors. - M., 2006.

8. Tetyuev S.V . Forensic and psychological inquiries concerning the minors suspected and accused of criminal trial (some problems of the theory, standard regulation and practice) // SPS Konsultant Plus. - 2009.

9. Titova O.N., Davydova O.V . Some features of investigation of criminal cases on the crimes committed by minors// SPS Konsultant Plus. - 2009.

10. criminal cases on crimes of a sexual character will be conducted by Ic RF // Russian newspaper from 6.06. 2011.

11. Fedotov I .S. Theoretical and legal bases of investigation of the violent crimes committed against minors. - Voronezh: Nauchnaya kniga, 2007.

Abstract

The article is devoted to the features of minors, victims of crimes, features of these crimes what, in turn, defines the specifics of investigators' training for investigation of the specified group of penal offences.

Keywords: psychological and age features of minors, standard situations of assault on the child, standard situations of long “voluntary” interaction of the criminal and the child and interaction under duress, value of standard situations.

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