Analysing the significance of modus operandi as an identification technique in rape cases

Abstract

Throughout the world, deeds of criminality in general and rape and other associated sexual violations in particular, are reflective of degenerated moral standards in society. While there are copious reflective perspectives on the causes and effects of rape, this research focuses specifically on the investigative capacity to address this scourge. In South Africa, the brutality of rape has reached such unprecedented proportions that it warrants extraordinary measures to thwart this malady from reaching levels that are reminiscent of a national state of emergency. Accordingly, the main purpose of this research is to explore, describe and analyse the role and significance of the modus operandi concept as a suspect or perpetrator identification technique in the investigation, apprehension and eventual conviction of rape perpetrators. The study has opted for the qualitatively-informed constructivist-ethnographic research design approach, by means of which individual semi-structured interviews were conducted with eighteen law enforcement officers at their police stations. The non-probability criterion-referenced sampling strategy was employed to select both the participants at the three research sites at which the interviews were held. All the participants included in the study had previous experience in the investigation of rape cases, but were reshuffled during a restructuring for their placement in general detectives instead of the FCS unit. The thematically analysed data derived from the eighteen participant interviews generated the study’s main themes on whose basis the findings were established These major themes are: database establishment; records management systems; the purpose and importance of the modus operandi investigative method; knowledge of criminal investigations; as well as the capacity to define, identify and individualise a rape and other sexual violations perpetrator or suspect. Continuous retraining of investigators is recommended, including modus operandi techniques and the Crime Administration System of the South African Police Service to ensure the preparation and submission of admissible cases in courts of law.