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Chopin Et Al (2020) Factors Influencing The Use of Forensic Awareness Strategies in Sexual Homicide

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Journal of Criminal Justice 71 (2020) 101709

Contents lists available at ScienceDirect

Journal of Criminal Justice


journal homepage: www.elsevier.com/locate/jcrimjus

Factors influencing the use of forensic awareness strategies in sexual T


homicide

Julien Chopina, , Eric Beauregarda, Sonja Bitzerb
a
School of Criminology, Simon Fraser University, 8888 University Drive, Burnaby, British Columbia V5A 1S6, Canada
b
Faculty of Law and Criminology, Catholic University of Leuven, Belgium

1. Introduction adopt FAS to avoid police detection in sexual homicide (SH) cases.
Based on the research on the use of FAS by rapists (see Chopin &
According to the CSI effect hypothesis, TV shows depicting forensic Beauregard, in press), we specfically examined the impact of the of-
analyses have influenced the public's attitudes and expectations related fender's expertise, the situational aspects of the crime, as well as the
to the use of scientific evidence in jury trials (Baskin & Sommers, 2010). crime characteristics to explain the use – or not – of FAS by SHOs. These
Although it is still debated whether or not the CSI effect really exists findings could be important both at a theoretical and practical level,
(e.g., Baskin & Sommers, 2010; Beauregard & Martineau, 2018; Chopin improving our understanding of the crime-commission process adopted
& Beauregard, in press; Holmgren & Fordham, 2011; Kim, Barak, & by SHOs to avoid detection, while also suggesting practical implications
Shelton, 2009; Schweitzer & Saks, 2007; Smith, Patry, & Stinson, 2007; for the police investigation.
Stinson, Patry, & Smith, 2007; Tyler, 2006), Cole and Dioso-Villa
(2007) suggested that the CSI effect could be in fact educational for 1.1. Avoiding police detection: a rational choice approach
criminals, providing them with new strategies to learn how to avoid
police detection as well as an increased sophistication in the commis- The rational choice approach (Cornish & Clarke, 1986, 1987) pro-
sion of their crimes. It is true that despite most criminals not knowing vides a theoretical framework to understand how criminals make de-
what “DNA” stands for, most, if not all, are aware that it is found at the cisions and proposes that rationality and self-interest are foundational
crime scene, and that it could be used to identify them and ultimately principles of decision-making (Clarke & Cornish, 1985; Piquero &
link them to the crime. However, recent studies have shown that not all Tibbetts, 2002). This approach states that offenders make decisions to
offenders take actions at the crime scene in order to get rid of forensic gain more than what it costs to commit the crime (Cornish & Clarke,
evidence – the so-called use of forensic awareness strategies (FAS) (see 1986, 1987). Thus, in following a cost-benefit analysis, the expected
Beauregard & Martineau, 2018; Chan, 2019; Chopin & Beauregard, in benefits should be greater than the costs to cross legal boundaries.
press for a review). Rational choice theory suggests two levels of decision. At the macro
Although the use of FAS is not the only factor responsible for de- level, it consists of deciding to commit a crime or not, according to the
tection avoidance by sexual homicide offenders (SHOs) (see Balemba, various parameters known by the offender and the outcome of the cost-
Beauregard, & Martineau, 2014; Beauregard & Martineau, 2014, 2018; benefit analysis. At the micro level, it concerns all the decisions made
James & Beauregard, 2018), it is nonetheless interesting from a deci- by the offenders to achieve their goal (Cornish & Clarke, 1986, 1987).
sion-making perspective to examine this specific component of the Research focusing on sexual crimes showed that sex offenders follow a
modus operandi aimed at avoiding police detection. We argue that the rational choice reasoning to commit and complete their crimes (see for
understanding of the crime-commission process requires a considera- example Beauregard, 2005; Beauregard & Leclerc, 2007; Beauregard,
tion of not only the actions taken by SHOs to maximize the payoffs of Proulx, Rossmo, Leclerc, & Allaire, 2007; Beauregard, Rebocho, &
their crimes but also the strategies adopted to minimize the costs as- Rossmo, 2010; Beauregard, Rossmo, & Proulx, 2007; Chopin,
sociated with the crime (i.e., being apprehended). Although the first Beauregard, Bitzer, & Reale, 2019). Led by a cost-benefit analysis, sex
type of actions have often been investigated (see e.g., Beauregard & offenders will make a series of decisions and actions to identify and
Martineau, 2017), the mechanisms surrounding the second type of ac- select a victim, interact with this victim, and exit the crime scene. This
tions remain unknown. As such, the current study examines the deci- process is known as the modus operandi and defined as ‘the actions
sions taken by SHOs to either adopt or not FAS as a method to avoid taken by an offender to perpetrate the offense successfully’ (Douglas,
police detection. Specifically, this study seeks to determine which fac- Burgess, Burgess, & Ressler, 2006, p. 353). A crucial component of the
tors of the crime-commission process are associated with a decision to crime success is based on reducing the costs associated with the crime


Corresponding author.
E-mail addresses: julien_chopin@sfu.ca (J. Chopin), ebeauregard@sfu.ca (E. Beauregard), sonja.bitzer@uclouvain.be (S. Bitzer).

https://doi.org/10.1016/j.jcrimjus.2020.101709
Received 16 April 2020; Received in revised form 19 June 2020; Accepted 19 June 2020
Available online 30 June 2020
0047-2352/ © 2020 Elsevier Ltd. All rights reserved.
J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

and consequently on the ability of offenders to avoid police detection. offenders highly depends on the immediate circumstances surrounding
their crime. As a first type of situational characteristics, previous studies
1.2. Explaining the use of forensic awareness strategies investigated the influence of disinhibitory substances (i.e., alcohol and
drugs) on the decision to use FAS. Davies et al. (1997) tested whether
To investigate the ability of sex offenders to minimize the costs drug consumption could impact the decision of sex offenders to use
associated with the commission of their crime, previous studies used FAS. They found that non-forensically aware rapists were more likely to
the concept of FAS. Defined for the first time by Davies (1992), the FAS have been under the influence of drugs at the time of the crime. This
concept can be described as the decisions taken by offenders to hide finding was confirmed by Beauregard and Bouchard (2010). In their
evidence in order to ultimately avoid apprehension. Most of empirical study based on a sample of 72 serial rapists, they identified that the
studies describing the use of FAS by sex offenders found that the ability consumption of disinhibitory substances affected the decision to use
to avoid police detection by sex offenders is not randomly distributed FAS as offenders overlooked important details that would aid in
(see Beauregard & Bouchard, 2010; Beauregard & Martineau, 2012, avoiding police detection (Beauregard & Bouchard, 2010).
2018; Chopin & Beauregard, 2019b; Chopin & Beauregard, in press; Another type of situational characteristics explored in empirical
Chopin, Beauregard, Gatherias, & Oliveira, 2020). Different hypotheses studies concerns the crime locations. The situational crime prevention
were formulated to explain why some sex offenders used FAS while paradigm suggests that locations strongly influence the offender beha-
others do not. vior during the crime. These crime places can be related to the type of
location (e.g., indoor location) as well as the context surrounding the
1.3. The use of FAS as an indicator of the criminal expertise crime location (e.g., deserted location). Only a few studies tested this
type of situational factors associated to the use of FAS by sex offenders.
Criminal expertise is a multifaceted concept. It can express both Beauregard and Bouchard (2010) identified a relationship between the
criminal sophistication (i.e., well-planned crime and minimal in vio- crime places and the use of FAS. They identified that rapists breaking
lence) (Beauregard & Proulx, 2017; Chopin, Paquette, & Beauregard, and entering in the victim's residence were more often forensically
2020) and offender experience (Davies, 1992). In their study, Chopin, aware (Beauregard & Bouchard, 2010). These findings were also con-
Paquette, and Beauregard (2020) defined expertise in sexual offending firmed by Chopin, Paquette, and Beauregard (2020). They found that
as the ability of offenders to demonstrate a high level of crime planning, rapists assaulting victims in deserted and indoor locations were more
being able to perform varied and intrusive sexual acts, while also likely to use strategies to avoid police detection. Chopin, Paquette, and
adopting FAS. The use of FAS by offenders has been identified as an Beauregard (2020) suggested that the time spent to use FAS by sex
important feature of criminal expertise. Several studies suggested that offenders depended also on the crime place characteristics as well as the
sex offenders become more forensically aware through their contact risks of being identified. The risk of being seen or interrupted at a de-
with the criminal justice system. Davies (1992) was the first to suggest serted and indoor location is usually lower, and consequently, sex of-
that having had experience with the criminal justice system could fenders have more time during the crime to use FAS to avoid police
provide offenders with education in evidentiary procedure, and the detection.
necessity to remove evidence from a crime scene (Davies, 1992). In a Finally, Beauregard and Bouchard (2010) tested a third type of si-
study based on a sample of 210 rapists, Davies, Wittebrood, and tuational characteristics: victim vulnerability. They found a significant
Jackson (1997) specifically analyzed their previous criminal convic- and positive relationship between the selection of a victim when she is
tions. Their findings showed that stranger rapists who took precautions alone (e.g., targetting a single female in their residence) and the use of
to ensure their fingerprints were not left behind (e.g., using gloves) and FAS by rapists. However, it is important to note that this association
who may have destroyed DNA evidence (e.g., by cleaning the crime became marginally significant once disinhibitory variables were in-
scene) were respectively three and four times more likely to have been troduced.
convicted for sexual offenses in the past. They also found that offenders
who took precautions to remove their fingerprints were 13.39 times 1.5. The use of FAS driven by the crime characteristic
more likely to have had previous criminal convictions. In a study by
Hazelwood and Burgess (2001), findings showed that experienced sex Research has also shown that crime characteristics may influence
offenders were more often forensically aware. They explained that they the choice made by sex offenders to adopt strategies to avoid police
used their past criminal experience to adapt their behaviors and avoid detection. Depending on the type of acts committed during the crime,
police detection (Hazelwood & Burgess, 2001). Similarly, Park, offenders may decide to spend extra time to destroy evidence left at
Schlesinger, Pinizzotto, and Davis (2008) found that serial rapists used crime scenes or flee immediately to avoid police apprehension. In their
more often FAS compared to non-serial rapists. study, Chopin, Paquette, and Beauregard (2020) identified that rapists
In addition to contact with the criminal justice system, some authors committing multiple sexual acts were more likely to be forensically
have also considered the role that observation could play for some of- aware. This association can be explained by the Locard's exchange
fenders as a way to improve their criminal expertise. In a study focusing principle (Locard, 1920); the greater the number and the more intrusive
on child sexual abuse, Ward (1999) found that crime expertise could be (i.e., penetration) the sexual acts, the greater the intensity of the ac-
learned by sex offenders through different mechanisms, such as ob- tivity and thus the probability to leave evidence at the crime scene. This
servation and symbolic modeling (e.g., viewing of pornographic con- association was confirmed in a study by Reale, Beauregard, and
tent). In the context of online sexual offending, Fortin, Paquette, and Martineau (2020) who identified that SHOs perpetrating acts of sexual
Dupont (2018) suggested that the exposure to pornography as well as sadism were more often forensically aware. They also found that sa-
networking with other offenders could provide important knowledge distic SHOs were more likely to act on victims and/or the environment
that could be applied to their crimes. (e.g., deactivate a home alarm, blindfold or tie up the victim), destroy
and remove forensic evidence (e.g., cleaning or setting fire to the crime
1.4. The use of FAS as an outcome of the situational context scene), and use other precautions such as staging the crime scene or
protecting their identity (Reale et al., 2020).
It has also been suggested that based on routine activities theory
(Cohen & Felson, 1979), the use of FAS by sex offenders could be 2. Aim of study
strongly dependent on the situational characteristics of the crime
(Beauregard & Bouchard, 2010). Situational approaches in criminology The ability of sex offenders to avoid police detection is a central
focus on criminal acts and consider that the decision-making process of component of the modus operandi as well as in the understanding of the

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J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

rational choice analysis made by offenders. Nevertheless, this aspect characteristics, and crime characteristics.
remains understudied, especially as data is difficult to secure for this
particular aspect of the crime-commission process. Typically the in- 3.2.3. Offender expertise
formation that is needed to empirically explore this question comes Several studies have suggested that the offender's expertise could
from various services (i.e., police data, coroner reports, forensic ex- explain the use of FAS by sex offenders (Davies, 1992; Davies et al.,
pertise), is confidential, and is not available for research purposes. 1997; Hazelwood & Burgess, 2001; Park et al., 2008). In this block, we
Previous studies have shown that sex offenders do not systematically included three dichotomous variables to test the different dimensions of
use FAS and that the decisions taken during the crime-commission the concept of expertise in sexual crimes developed in the literature
process is impacted by different factors. Most of these studies concerned review (i.e., criminal experience and criminal sophistication): 1) of-
sexual assaults and rapes, while studies focusing on SH have been fender had a sexual collection (i.e., pornographic movies, magazines,
scarce. As there is no study examining the factors influencing the use of pictures, sexual paraphernalia), 2) offender was involved in previous
FAS by SHO, this research is exploratory and is led by two general criminal convictions,1 and 3) offender targeted the victim.
objectives: Evaluate the prevalence in the use of FAS by SHOs and
understand why some of these offenders used FAS while others did not. 3.2.4. Situational characteristics
More specifically, we tested whether offender expertise, situational, and Previous studies have shown that the use of FAS by sex offenders
crime characteristics influence the use of FAS by SHOs. can be influenced by the situation (Beauregard & Bouchard, 2010;
Chopin et al., 2019; Chopin, Paquette, & Beauregard, 2020; Davies
3. Methodology et al., 1997). A total of 11 variables (i.e., one continuous and 10 di-
chotomous) were used to test different dimensions of the situational
3.1. Sample aspects of the crime (i.e., victim vulnerability, consumption of disin-
hibitory substances, crime location characteristics): 1) Victim age
The sample used in this study was taken from the Sexual Homicide [M = 31.41, SD = 18.67], 2) victim avoided social interactions with
International Database (SHIelD; see Chopin & Beauregard, 2019b for a others, 3) victim consumed alcohol prior to the crime, 4) offender
complete description of the database methodology). SHIeld includes consumed alcohol prior to the crime, 5) crime scene was a deserted
772 solved and unsolved cases of extrafamilial (i.e., strangers or ac- location (i.e., no witnesses can see or interrupt the crime), 6) crime
quaintances without familial relationships) SH from France and Canada scene was the victim's residence, 7) crime scene was an outdoor loca-
that occurred between 1948 and 2018. Specifically, 7.09% (n = 54) of tion, 8) forced entry of the crime scene, 9) body recovery scene was a
the cases occurred before 1980, 15.35% (n = 117) of cases between deserted location, 10) body recovery scene was the victim's residence,
1980 and 1989, 32.94% (n = 251) of the cases occurred between 1990 and 11) body recovery scene was an outdoor location.
and 1999, 35.04% (n = 267) of the cases occurred between 2000 and
2009, and 9.58% (n = 73) of the cases occurred between 2010 and
3.2.5. Crime characteristics
2018. SH cases were identified using the definition provided by Ressler,
Different studies showed that crime characteristics can impact the
Burgess, and Douglas (1988), stating that for a homicide to be con-
use of FAS by sex offenders (Beauregard & Field, 2008; Beauregard &
sidered as sexual, cases should include at least one of the following
Martineau, 2016; Beauregard & Proulx, 2002; Chopin, Beauregard,
elements: (a) victim's attire or lack of attire, (b) exposure of the sexual
et al., 2020; Chopin, Paquette, & Beauregard, 2020; Reale et al., 2020;
parts of the victims body, (c) sexual positioning of the body, (d) in-
Ressler et al., 1988; Ressler, Burgess, Douglas, Hartman, & D'Agostino,
sertion of foreign objects into the victim's cavities, (e) evidence of
1986; Ressler, Burgess, Hartman, Douglas, & McCormack, 1986). To
sexual intercourse (oral, anal, or vaginal), and (f) evidence of substitute
test this hypothesis in cases of sexual homicide, we used 10 variables
sexual activity, interest, or sadistic fantasy. Contrary to Ressler et al.
(i.e., one continuous and nine dichotomous): 1) Offender used a con
(1988), all cases included in SHIelD presented at least two of the cri-
approach (e.g., befriended the victim, posed as an authority figure,
teria of the sexual homicide definition in order to minimize potential
offered assistance, etc.), 2) offender and victim were strangers (i.e.,
cases of false positive. Information included in the database was coded
describes situations where offenders and victims were totally unknown
by crime analysts who examined criminal investigation files for each
to each other at the time of the crime), 3) number of sexual acts com-
case. Information included in these files are mainly filled out by police
mitted [M = 1.69, SD = 1.53], 4) vaginal penetration, 5) sexual sadism
officers but also by other experts involved in the investigation process
(SADSEX-SH scale was used to operationalize the concept of sexual
(e.g., coroner, forensic psychologist, forensic experts, etc.). For the
sadism, for more details see Myers, Beauregard, & Menard, 2019),2 6)
current study, a sample of 662 solved single-victim cases was selected
unusual acts (e.g., cannibalism, evisceration, etc.), 7) offender used
in order to have information about the offenders.
restraints, 8) offender beat the victim, 9) offender stabbed the victim,
and 10) offender strangled the victim.
3.2. Measure

3.2.1. Dependent variable 3.3. Analytical strategy


The dependent variable used in this study is dichotomous and in-
dicates whether at least one FAS was used by SHOs during the crime A two-step analytical process was followed to analyze the data. As a
(0 = no FAS used, 1 = at least one FAS was used). To create this first step, we used bivariate analyses (i.e., chi-square, Mann-Withney U
variable we used three different types of FAS described by previous test3) to examine the relationships between the dependent and in-
studies: The strategies consisting to protect the offender's identity, to dependent variables. As a second step, we explored the differences
destroy evidence and to dispose the victim's body (see e.g., Beauregard between SHOs using FAS and those who did not. Using only the sig-
& Martineau, 2014, 2018; Chai, Beauregard, & Chopin, in press; Chopin nificant variables at the bivariate level, a sequential logistic regression
& Beauregard, in press; Reale et al., 2020). These different types of was performed. This was done not only to better understand the impact
strategies were operationalized on the basis of 10 dichotomous vari-
ables (see Table 1). 1
No details were available concerning previous criminal convictions
2
The SADSEX-SH is a scale used to assist in the diagnostic of sexual sadism
3.2.2. Independent variables from crime scene actions.
For the independent variables, we looked at a total of 25 variables 3
We used non-parametric Mann-Whitney U test because the distribution did
divided into three blocks: Offender expertise, situational not follow a normal distribution.

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J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

Table 1
Descriptive analysis of FAS used by SHO (N = 662)
Type of FAS n= % of total sample % of FAS users (n = 547)

(N = 662)

Protecting identity Offender used a condom 25 3.78% 4.57%


Offender wore gloves 20 3.02% 3.66%
Destroying evidence Offender removed or destroyed forensic evidence 185 27.95% 33.82%
Offender cleared scene 44 6.65% 8.04%
Offender planted evidence/staged scene 29 4.38% 5.30%
Offender set fire to scene 22 3.32% 4.02%
Offender undressed victim's body 161 24.32% 29.43%
Disposing victim's body Offender moved victim's body from the crime scene 189 28.55% 34.55%
Offender concealed victim's body 188 28.40% 34.37%
Offender dismembered victim's body to avoid detection 77 11.63% 14.08%
Number of FAS 0 106 16.01%
1 164 24.77% 29.98%
2 148 22.36% 27.06%
3 90 13.60% 16.45%
4 81 12.24% 14.81%
5 43 6.50% 7.86%
6 and more 30 4.53% 5.48%

of each variable while taking into account the other significant vari- adds situational characteristics of the crime to the offender's expertise
ables in the model, but also to identify which of the three theoretical and presents a Nagelkerke R2 of 0.10. All the offender's expertise
groups of variables (i.e., offender expertise, situational characteristics variables remained significant in Model 2. More specifically, when
and crime characteristics) was more important to explain why some SHOs possessed a sexual collection (OR = 3.32, p < .010), with prior
SHOs used FAS. The sequential logistic regression includes three criminal convictions (OR = 2.02, p < .010), and targeted the victim
models. Model 1 includes only the offender expertise variables. Model 2 (OR = 1.89, p < .010) they were respectively 3.32, 2.02 and 1.89
includes the offender expertise and the situational characteristics more likely to use at least one FAS. When SHOs forced the entry of the
variables. Finally, Model 3 includes all three groups of variables, crime scene (OR = 1/0.60, p < .050) they were 1.67 times less likely
namely the offender expertise, the situational characteristics, and the to use at least one FAS. Model 3 considers offender expertise, situational
crime characteristics. characteristics, and crime characteristic variables. This model presents
a Nagelkerke R2 of 0.20. In this model, only the offender's expertise and
the crime characteristics variables are significant. Cases where SHOs
4. Results possessed a sexual collection (OR = 3.02, p < .050), with prior
criminal convictions (OR = 2.01, p < .010), and targeted the victim
4.1. Descriptive and bivariate analyses (OR = 1.95, p < .010) were respectively 3.02, 2.01 and 1.95 more
likely to use at least one FAS. Vaginal penetration (OR = 2.42,
Table 1 presents the distribution of the FAS used by SHOs. We ob- p < .001), sexual sadism (OR = 1.95, p < .001) and stabbing the
serve that 83.99% of SHOs used at least one FAS to avoid police de- victims (OR = 1.63, p = .05) were respectively 2.42, 1.95 and 1.63
tection, the most common being to move the victim's body (28.55%), to times more likely to occur when SHOs used at least one FAS.
conceal the victim's body (28.40%), to remove or destroy forensic
evidence (27.95%), and to undress the victim's body (24.32%).
Table 2 presents results of the bivariate analyses between the use of 5. Discussion
FAS or not and the independent variables. SHOs that used FAS to avoid
police detection were more likely to possess a sexual collection The current study aimed to assess the prevalence of the use of FAS
(χ2 = 9.90, p < .001), to have prior criminal convictions (χ2 = 7.19, by SHOs and determine which factors are related to their decision to
p < .010), and to target their victim (χ2 = 4.37, < 0.050). Forensi- use or not FAS to avoid police detection. FAS was defined by Davies
cally aware SHOs more often selected a deserted crime location (1992) as the decisions taken by offenders to hide evidence in order to
(χ2 = 4.88, p < .050) and body recovery location (χ2 = 7.72, ultimately avoid apprehension. Based on previous studies (see e.g.,
p < .010). These SHOs also more often selected an outdoor body re- Beauregard & Martineau, 2014, 2018; Chai et al., in press; Chopin &
covery location (χ2 = 9.89, p < .001). SHOs that did not use FAS Beauregard, in press; Reale et al., 2020) we investigated three types of
more often selected the victim residence as the crime location FAS used by SHOs to try to avoid police detection: The protection of
(χ2 = 6.60, p < .010), and forced the entrance (χ2 = 4.44, identity, the destruction of evidence, and the disposal of the victim's
p < .050). As for the crime characteristics, forensically aware SHOs body. The protection of identity (i.e., use of condom, wore gloves)
more often perpetrated vaginal penetration (χ2 = 15.68, p < .001), strategies are used by SHOs during the crime phase to prevent any
sexual sadism (χ2 = 21.18, p < .001) and use of restraints evidence from being left at the crime scene. Our results indicate that the
(χ2 = 5.76, p < .050). SHOs using FAS perpetrated more diversified use of this type of strategy by SHOs is the most uncommon approach
sexual acts (U = 26,306, p < .000, r = 0.11) and were more likely to compared to other types of strategies. The destruction of evidence
stab their victims (χ2 = 4.37, p < .050). strategies (e.g., remove forensic evidence, etc.) seem more popular.
Table 3 presents findings of the binomial sequential regression ex- This set of strategies is generally used by SHOs once the crime is
amining the use or not of FAS. Model 1 includes only the variables completed. The objective of these strategies is not to avoid leaving
related to the offender's expertise and presents a Nagelkerke R2 of 0.07. traces of evidence, but rather to erase them once the crime is com-
Findings show that SHOs possessing a sexual collection (OR = 3.74, pleted. Finally, the last type of strategies used by SHOs consists of
p < .010), with prior criminal convictions (OR = 2.05, p < .010), disposing the victim's body (e.g., moving or concealing the victim's
and who targeted their victim (OR = 1.69, p = .03) were respectively body), thus extending the crime scene and muliplying the potential
3.74, 2.05 and 1.69 times more likely to use at least one FAS. Model 2 location of traces. Chronologically, this set of measures occurs last and

4
J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

Table 2
Bivariate analysis (N = 662)
No use of FAS Use of FAS χ2/Mann-Whitney U test

n = 115 n = 547

Offender expertise
Offender have a sexual collection 6 5.22% 91 16.64% 9.90***
Offender involved in previous criminal conviction(s) 24 20.87% 184 33.64% 7.19**
Offender target a victim 27 23.48% 183 33.46% 4.37*

Situational characteristics
Victim age (Mean) 33.67 [SE = 20.79] 30.94 [SE = 18.18] 28,563.5
Offender consumed alcohol prior to crime commission 67 58.26% 303 55.39% 0.32
Victim consumed alcohol prior to crime commission 31 26.96% 140 25.59% 0.09
Victim was a loner 6 5.22% 39 7.13% 0.55
Crime scene: deserted location 45 39.13% 276 50.46% 4.88*
Crime scene: victim's residence 47 40.87% 157 28.70% 6.60**
Crime scene: outdoor location 32 27.83% 202 36.93% 3.44†
Crime scene forced entry 9 7.83% 19 3.47% 4.44*
Body recovery scene: deserted location 45 39.13% 292 53.38% 7.72**
Body recovery scene: victim's residence 44 38.26% 136 24.86% 8.61**
Body recovery scene: outdoor location 32 27.83% 239 43.69% 9.89***

Crime-characteristics
Offender used con approach 58 50.43% 319 58.32% 2.41
Offender and victim are strangers 50 43.48% 265 48.45% 0.94
Number of sexual acts committed (Mean) 1.38 [SE = 1.47] 1.75 [SE = 1.54] 26306**
Vaginal penetration 41 35.65% 306 55.94% 15.68***
Sexual sadism [SADSEX-SH scale] 14 12.17% 185 33.82% 21.18***
Unusual acts 10 8.70% 71 12.98% 1.62
Offender used restrains 13 11.30% 115 21.02% 5.76*
Offender beat the victim 47 40.87% 251 45.89% 0.97
Offender stabbed the victim 16 13.91% 124 22.67% 4.37*
Offender strangulated the victim 47 40.87% 219 40.04% 0.03

Notes. †p ⩽ 0.1. *p ⩽ 0.05. **p ⩽ 0.01. ***p ⩽ 0.001.

is used by SHOs to eliminate the major piece of evidence (i.e., the 5.1. The use of FAS by SHO: A rational choice approach
victim's body) from the crime to delay crime detection and ultimately,
avoid police apprehension. Our findings show that this type of strategy Our findings showed that most SHOs used at least one FAS, while
is very popular for SHOs despite the fact that its use tends to increase the majority used at least two different strategies to avoid police de-
the risk of being identified by the police (Beauregard & Martineau, tection. We also observed that SHOs more often used FAS to destroy
2014). forensic evidence and to dispose of the victim's body. These findings are

Table 3
Sequential binomial regression of factors predicting the use of FAS (N = 662)
Model 1 Model 2 Model 3

β S.E. Exp(β) β S.E. Exp(β) β S.E. Exp(β)

Offender expertise
Offender have a sexual collection 1.32 0.44 3.74** 1.20 0.45 3.32** 1.11 0.45 3.02*
Offender involved in previous criminal conviction 0.72 0.25 2.05** 0.71 0.25 2.02** 0.70 0.26 2.01**
Offender target a victim 0.53 0.24 1.69* 0.64 0.25 1.89** 0.67 0.27 1.95**

Situational characteristics
Crime scene: deserted location 0.09 0.42 1.09 0.18 0.42 1.19
Crime scene: victim's residence 0.09 0.63 1.10 0.03 0.65 1.03
Crime scene forced entry −0.52 0.47 0.60* −0.49 0.50 0.61
Body recovery scene: deserted location 0.42 0.43 1.53 0.39 0.43 1.47
Body recovery scene: victim's residence −0.40 0.63 0.67 −0.57 0.65 0.56
Body recovery scene: outdoor location −0.01 0.27 0.99 −0.16 0.28 0.86

Crime characteristics
Number of sexual acts committed −0.03 0.09 0.97
Vaginal penetration 0.88 0.24 2.42***
Sexual sadism [SADSEX-SH scale] 1.21 0.32 3.36***
Offender used restrains 0.19 0.34 1.20
Offender stabbed the victim 0.49 0.31 1.63*
Constant 1.09 0.14 2.96*** 1.19 0.23 3.30*** 0.57 0.87 1.77*
χ2 25.61*** 43.64*** 82.59***
−2 log likelihood 585.72 567.69 528.74
Cox & Snell R2 0.04 0.06 0.12
Nagelkerke R2 0.07 0.10 0.20
Overall % predicted 82.60 82.80 82.60

Notes. *p ⩽ 0.05. **p ⩽ 0.01. ***p ⩽ 0.001.

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J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

not really surprising considering that taking actions to protect their characteristics partly explained the use of FAS by SHOs, while it was
identify becomes useless in cases of SH as the victims will not be able to not the case for situational factors. We observed that SHOs with greater
identify the offender after the crime. These findings are also congruent criminal expertise were more likely to use FAS to avoid police detec-
with the study by Stefanska & Carter, 2019 which found that the most tion. Included in the concept of criminal expertise are two different
popular FAS used by SHOs consisted of removing evidence and dis- dimensions: offender experience and the crime sophistication.
posing of the victim's body. Our findings first suggested that SHOs with previous criminal con-
In their study, Beauregard and Bouchard (2010) found that more victions were more likely to FAS to avoid police detection. This result is
than half of rapists used at least one FAS. They hypothesized that rapists congruent with findings of previous studies focusing on sex offenders
are capable of forensic awareness, but that most of them used limited (Davies, 1992; Davies et al., 1997; Hazelwood & Burgess, 2001; Park
and basic strategies consisting of protecting their identity. Rapists et al., 2008). As it is the case with rapists, SHOs used their past ex-
generally used strategies to protect their identity while our findings perience with law enforcement to improve their skills to avoid police
show that SHOs used FAS to remove evidence from the crime scene. detection. Psychosocial learning theories suggested that errors are a
From a forensic perspective, we can assume a hierarchy in the type of way of learning (see Metcalfe, 2017 for a review) and that conse-
FAS used to avoid police detection (see Beauregard & Bouchard, 2010; quently, errors committed by individuals allow them to improve their
Beauregard & Martineau, 2018; Chopin et al., 2019; Chopin & knowledge and limit the risk of repeating them. By being in contact
Beauregard, in press; Chopin, Paquette, & Beauregard, 2020). Strategies with the criminal justice system, offenders gain insight into how a
consisting of protecting the identity (e.g., use of condoms, gloves) can criminal investigation works and can identify errors that led to their
be considered as the least effective as DNA and fingerprint evidence are identification the first time. The criminal justice system may educate
only useful for crime solving in situations where offenders were pre- offenders in evidentiary procedures and lead them to be more aware to
viously in contact with law enforcement and have their identity entered remove evidence from a crime scene (Davies, 1992). We could also
in a forensic database. DNA and fingerprint evidence can also be useful suggest that offenders with previous criminal convictions are more
to confirm suspects identified by traditional investigative techniques likely to be in the DNA or fingerprint database, thus potentially influ-
and to build a case against the suspects (Baskin & Sommers, 2010). On encing the related FAS.
the other hand, strategies consisting of removing evidence (i.e., Second, our findings showed that SHOs who possessed a sexual
cleaning or setting fire to the crime scene; disposing of the victim's collection (i.e., pornographic movies, magazines, pictures, sexual
body) can be considered as more effective because they follow both the paraphernalia) and targeted their victims were more likely to use FAS.
objectives to avoid offender identification as well as to avoid the re- Both the act of targeting a victim (Beauregard & Proulx, 2017; Chopin,
construction of the crime. Therefore, it can be argued that SHOs are Paquette, & Beauregard, 2020) and possessing a sexual collection
more forensically aware than rapists and two hypotheses can be sug- (Bourke, Ward, & Rose, 2012; Ward, 1999) are considered to be char-
gested to explain this. acteristics of sexual offenders expertise. Beauregard and Proulx (2017)
First, the fact that SHOs are more forensically aware is congruent suggested that a sophisticated modus operandi is usually well-prepared
with the rational choice approach (Cornish & Clarke, 1986, 1987). and victim selection is a feature of crime anticipation and preparation.
Legal and societal costs associated with the commission of a SH are Also, Ward (1999) explained that the possession and the use of por-
higher than those associated with the commission of a rape. As opposed nographic material is one of the mechanisms contributing to increase
to rapists who sometimes mentioned a wrong assessment of the situa- the development of expertise for sex offenders. These findings are
tion (e.g., not aware of the risk to be arrested, they thought that the congruent with the study by Chopin, Paquette, and Beauregard (2020)
victims consented) to explain why they did not use FAS (Beauregard & which found that expert rapists are those who can combine a sophis-
Bouchard, 2010), the presence of a dead body leads SHOs to be more ticated modus operandi (e.g., strong planification, control the crime
aware of the seriousness and the gravity of the situation. We can argue commission process) and the use of FAS. We can also noted that the
that the use of FAS by offenders is proportional to the seriousness of the combination of planning, fantasy and forethought is part of the process
crime. followed by some SHOs.
Second, the crime-commission process involved in rape and SH Third, findings indicate that sadistic SHOs were more likely to use
presents different dynamics. In rape cases, offenders must deal with the FAS. This result is congruent with findings of previous studies focusing
victim release. Once the victim is no longer under the control of the on the use of FAS by sadistic SHs (Reale et al., 2020). Previous studies
offender (i.e., victim intentionally released, escaped, rescued by a third suggested that SHOs were less likely to use alcohol while they were
party), the risk for rapists to be arrested significantly increases. If the more likely to have sexual convictions, to commit multiple offenses, to
rapist decides to destroy forensic evidence once the crime is completed, fantasize about their offenses (use pornography), to commit more in-
this naturally leads to spending more time at the crime scene and trusive and prolonged offenses, and to follow an organized crime-
consequently, increasing his exposure and his risk to be identified. A commission process (see Brittain, 1970; Chopin & Beauregard, 2019c;
cost-benefit analysis of the situation seems to lead most rapists to es- Hill, Habermann, Berner, & Briken, 2006; MacCulloch, Gray, & Watt,
cape the crime scene without using post-crime FAS. In cases of SH, the 2000; MacCulloch, Snowden, Wood, & Mills, 1983; Ressler & Burgess,
dynamic is quite different and SHOs do not have to deal with the victim 1985; Warren, Hazelwood, & Dietz, 1996). We may hypothesize that
release but with the victim's body instead. The immediate risk of being the sadistic SHOs use more often FAS as part of their planning and
arrested shortly after the commission of a crime seems more limited fantasy, as their personality traits lead to a more meticulous and con-
considering the victim is no longer mobile and consequently cannot trolled approach, or because they have to due to the nature of their
alert third parties and the police. This situation could allow SHOs to crimes.
benefit from additional time before leaving the crime scene to use In line with the criminal expertise hypothesis, we can argue that
strategies to destroy evidence. SHOs who did not use FAS or who used unsophisticated FAS were no-
vice offenders without criminal expertise (Chopin, Paquette, &
5.2. The use of FAS by SHO: A feature of crime expertise Beauregard, 2020). It is also plausible that SHOs who did not try to
avoid police detection are those who killed the victim unintentionally
As a second objective, this research aimed to explain why some (i.e., accidental killing of victims during a sexual aggression) as de-
SHOs used FAS and why others did not. Based on previous research scribed in previous studies (see Chopin & Beauregard, 2019a; Stefanska
findings on rapists, we tested three different hypotheses: the crime & Carter, 2019). In these cases, offenders did not anticipate the lethal
expertise, the situational characteristics, and the crime characteristics. outcome of the crime and remained clueless on how to deal with the
Multivariate results showed that both crime expertise and crime situation.

6
J. Chopin, et al. Journal of Criminal Justice 71 (2020) 101709

5.3. Situational factors vs crime premeditation suggest that depending on the type of acts committed, SHOs adapt their
strategies to try to avoid police detection. According to this result, we
Contrary to previous studies focusing on rapists' behaviors can hypothesize that consciously or not, SHOs are aware of the link
(Beauregard & Bouchard, 2010; Chopin, Paquette, & Beauregard, between the type of acts committed and the risk of being identified with
2020), our findings indicated that none of the 11 situational variables the evidence they left at the crime scene.
we tested to investigate the victim vulnerability, offender intoxication,
and the crime location parameters remained significant at the multi- 6. Conclusion
variate level. Consequently, these results suggest that situational char-
acteristics of a SH do not impact the decision made by offenders to use This research is the first to specifically focus on the factors that may
FAS. This important but surprising result confirms that the dynamic have influenced SHOs to use FAS. The objective of this study was
followed by SHOs is clearly distinct from the one followed by rapists twofold: Determine the FAS used by SHOs and identify the factors
(see Beauregard, DeLisi, & Hewitt, 2018; Chopin & Beauregard, 2019d). leading to the decision to use it or not. Based on previous studies, we
The lack of influence of situational factors on the decision made by used an international database (SHIelD) and conducted multivariate
SHOs to use or not FAS could be explained by the level of premedita- analyses to determine whether criminal expertise, situational char-
tion. In the study by Healey, Beauregard, Beech, and Vettor (2016), acteristics and crime characteristics could explain the differences in the
findings showed that offenders involved in sexual crimes with a lethal use of FAS by SHOs. First, our results indicated that most SHOs used at
outcome were more likely to premeditate their acts compared to rapists. least one FAS, while the majority of them used two or more strategies.
Crime premeditation implies a better level of crime preparation. By As this study was the first to specifically investigate this question in SH
preparing and mentalizing the crime to be committed, the offender will cases, we compared our findings with previous studies focusing on ra-
have time to anticipate the best options to commit their crime and use pists and we determined that important differences existed. Based on
appropriate FAS to try to avoid police detection. the rational choice approach, we argued that these differences could be
Our findings indicate that the crime location characteristics do not explained by the level of seriousness of the crime and the socio-legal
have any impact on the use of FAS. This result is contrary to the studies consequences incurred by SHOs: The more serious the consequences,
focusing on rapists (Beauregard & Bouchard, 2010; Chopin, Paquette, & the more likely the offenders try to avoid police detection. We also
Beauregard, 2020) who identified a relationship between the crime hypothesized that the different dynamics (i.e., deal the victim release
location characteristics and the use of FAS. This difference can be ex- vs. deal with a dead body) between rapes and SH could explain these
plained by the fact that most of SHOs premeditated their crime and differences in the offenders' decision-making process. Second, the
chose a location with a lower risk to be seen or interrupted by wit- comparisons of three theoretical blocks of factors showed that criminal
nesses. Consequently, the hazards associated with the crime location expertise and crime characteristics are the most important factors to
are limited and do not impact the decision to use FAS in SH cases. explain the use of FAS by SHOs, while the situational characteristics do
In their study, Beauregard and Bouchard (2010) highlighted the fact not have any impact.
that alcohol consumption strongly impacted the use of FAS. They found This research presents several implications. From a theoretical
that offenders under the influence of psychoactive substances (i.e., al- perspective, this research provides important findings to understand the
cohol and/or drugs) were less forensically aware. Our findings showed process leading SHOs to use FAS. First, findings of this study provide
that it is not the case for SHOs. Despite the fact that the majority of the ability to determine that the decision to use FAS follows a specific
them consumed alcohol prior to crime commission, we can again argue logic in SH cases. Contrary to rapists, the decision to use FAS by SHOs
that premeditation plays an important role. Psychoactive substance does not seem to be influenced by situational characteristics of the
consumption can have different effects on the offenders' decision- crime but instead relies on their experience, their expertise, and the
making process. Research identified that when alcohol and drugs are type of acts they committed. These findings suggest that despite often
consumed at an appropriate dose, it can have a positive effect on the appearing as “irrational” in terms of motivation, SH cases are com-
offenders' attention (see Cromwell & Olson, 2004). However, when this mitted by offenders who made rational decisions based on both the
consumption is uncontrolled or leaves the offender too inhibited, the ability to maximize the benefits and avoid police detection. Criminal
offender can overestimate their abilities to avoid detection or downplay expertise and experience are used by SHOs to balance the maximization
risks (Assaad & Exum, 2002; Exum, 2002). We suggest that in pre- of benefits through the commission of intrusive and violent acts with
meditated crimes, psychoactive substance consumption contributes to the minimization of the costs associated with the crime-commission
the disinhibition of the homicidal fantasies of SHOs (see Chopin & through the use of different types of FAS.
Beauregard, 2019a), while in non-premeditated crimes it acts as a Another theoretical implication of the findings is related specifically
precipitant factor. Depending on the role of the disinhibitory substance to the costs/benefits analysis. While comparing the current findings
in the crime-commission process, the level of consumption is quite with those of the previous studies on rape, it became obvious that the
different and consequently may have a different impact on the decisions decision to use or not FAS was due in part to the seriousness of the
taken by SHOs. crime. Once again – and compatible with a rational choice perspective –
it seems that offenders involved in a SH will weight the costs and
5.4. The use of FAS and the crime characteristics: counteracting the benefits of spending extra time at the crime scene to manage evidence
Locard's exchange principle? that could link them to the crime. Most of these offenders appear to
understand the consequences they face for the crime committed (e.g., a
As to the crime characteristics, our findings showed that when SHOs life sentence for first degree murder) if they are apprehended by the
perpetrated vaginal penetration and sadistic sexual acts, they tended to police. This perspective is very different for rapists who may consider
use FAS more frequently. These findings are congruent with the studies the fact that most rapes are not reported to the police and that sentences
that found greater use of FAS among sadistic SHOs as well as rapists vary greatly.
who perpetrated a greater number of sexual acts (Chopin, Paquette, & As to the practical implications, this study highlighted a link that
Beauregard, 2020; Reale et al., 2020). According to the Locard's ex- could be established between a SHO using FAS and their previous
change principle (Locard, 1920), the multiplication of physical contacts criminal records. Specifically, the use of FAS during a SH could suggest
(e.g., intrusive sexual acts, physical torture, etc.) increases the risk of that the wanted offender has had contact with the criminal justice
leaving evidence at the crime scene. From a rational choice perspective, system and is consequently registered in an official database. This in-
the commission of violent and intrusive sexual acts by SHOs lead them formation is important and could assist investigators in prioritizing
to adopt FAS to increase their chances of avoiding police detection. We suspects by focusing on those with previous criminal convictions.

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works for offenders who have been in contact with the criminal justice Brittain, R. P. (1970). The sadistic murderer. Medicine, Science and the Law, 10(4),
system. Finally, qualitative studies should explore the rational of of- 198–207.
Chai, A., Beauregard, E., & Chopin, J. (in press). “Drop the body”: Body disposal patterns
fenders who chose not to use any FAS during the crime-commission
in sexual homicide. International Journal of Offender Therapy and Comparative
process. Criminology.
Chan, H. C. (2019). A global casebook of sexual homicide. Singapore: Springer.
Grant Chopin, J., & Aebi, M. F. (2018). Les données de police permettent-elles la détection des
agresseurs sexuels sériels ? Une analyse de la validité concourante de ViCLAS [Do
police data allow detecting serial sexual offenders ? An analysis of the concurrent
Authors want to acknowledge the Swiss National Science validity of the ViCLAS]. Revue Internationale de Criminologie et de Police Technique et
Foundation who kindly supported this research (Fund no. Scientifique, 71(1), 21–37.
Chopin, J., & Aebi, M. F. (2019). The tree that hides the forest? Testing the construct
P400PS_190994). validity of ViCLAS through an empirical study of missing data. Policing: A Journal of
Policy and Practice, 13(1), 55–65. https://doi.org/10.1093/police/pax062.
Acknowledgments Chopin, J., & Beauregard, E. (2019a). Lethal combinations: A conjunctive analysis of
crime scene behavior associated with sexual homicide. Behavioral Sciences & the Law,
37, 559–578. https://doi.org/10.1002/bsl.2425.
The authors would like to acknowledge Mr. the Police Chief of the Chopin, J., & Beauregard, E. (2019b). Sexual homicide in France and Canada: An
French Central Office for the Repression of Violences against Persons International Comparison. Journal of Interpersonal Violence, Advance Online
Publication. https://doi.org/10.1177/0886260519875547.
(Office Central de Répression des Violences aux Personnes) and Mrs. the
Chopin, J., & Beauregard, E. (2019c). Sexual Homicide: A criminological perspective.
Central Director of the French Judicial Police (Direction Centrale de la Current Psychiatry Reports, 21(12), 1–9. https://doi.org/10.1007/s11920-019-1107-z.
Police Judiciaire). Chopin, J., & Beauregard, E. (2019d). The sexual murderer is a distinct type of offender.
International Journal of Offender Therapy and Comparative Criminology, 63(9),
1597–1620. https://doi.org/10.1177/0306624X18817445.
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