victims & suspects are not the same!. victims interview: crucial evidence the investigation of a...
TRANSCRIPT
Interviewing TechniquesVictims & Suspects are not
the Same!
Victim’s Interview: Crucial EvidenceThe Investigation of a Sexual Assault is unlike any
other type of Criminal Investigation due to the uniquely intimate and invasive nature of the crime.
Your victim is your crime scene. Therefore the victim interview is one of the most important pieces of evidence that you will have in your case
Mishandling the interview can irreparably damage your case.
What is Typical Victim Behavior?
There is NO TYPICAL Victim BehaviorDelayed ReportingContact with Suspect AFTER OffenseInconsistenciesPrevious Claims of VictimizationLies About Behavior Reports to Someone other than Law
EnforcementIndifferent to Injuries or Pain
Victim Behavior Flat CryingLaughingALL are behaviors LE has seen and
ACCEPTED before at traumatic accident and death scenes…………………….
Interview vs InterrogationInterview is:Non – AccusatoryInvestigator is Neutral and ObjectiveGoal is to Gather Information that is Relevant
to the Investigation.Investigator Endeavors to Reassure and Gain
the Trust of the VictimOpen-ended questions, free flowing format
Interrogation is:AccusatoryGoal is to learn the truth, gain confessionTightly structured, active persuasion on the
part of the Investigatorrepetitious DialogueInvestigator Dominated“Mind Game”
Why Interview?“The role of the rape advocate is to believe a
victim’s story, whereas the role of a police officer is to prove it”
Detective Scott Keenan
Chicago Police Dept.
By corroborating as many facts as possible, no matter how insignificant they may seem, you can better help establish the validity of the victim’s story and improve her credibility even when there are other problems with the investigation.
Police Placed Obstacles to Interviewing Sexual Assault VictimsAsking for “JUST THE FACTS”
The Police PersonalityThe Tough – Guy FaçadeThe Police Career Path
“Just the Facts”Who, What, When, Where, Why, & How: Not
Enough!By Asking Basic Questions, You only get Basic
FactsClose ended question, get close ended
answersThoughtful, Open-ended Questions, get the
small details so important to this type of Investigation
The Police PersonalityVery Action OrientedGet to the Point!Solve the ProblemMove On to the next ProblemGood on the Street, Not in the interview Room!!
Tough-Guy FacadeSexual Assault Cases are Emotional
in Nature for EVERYONE!We Distance ourselves to SurviveHelps to Maintain Control of
OurselvesThis becomes a Huge Barrier
between Investigator and Victim
Police Career PathMany Officer’s Interview Skills learned on Patrol “In the Trenches”
New Investigators not trained in Interview Techniques
They are Trained in Interrogation Techniques
Golden Rule:
First, Do No Harm………
All possible efforts should always be made to minimize potential further trauma to the victim
Effective Interviewing
Setting the Interview Stage1. Select an appropriate location
Safe and Comfortable Private and Distraction FreeMaintain an Equal or Inferior
Position to the VictimAllow her to have some Control over
her Surroundings
Setting the Stage2. Ask the victim if she would like anyone to be present during the interview
Should be determined Privately with the Victim
Potential Witnesses must be Excluded
Always include a Support Person when requested
Setting the Stage3. Explain the purpose of the interview Purpose is to gather evidence and
information, NOT TO PLACE BLAME OR JUDGEMENT!!
There will be questions that the victim does not have the answers to.
The victim DOES NOT have to make any immediate decisions about whether to prosecute or not
Setting the Stage4. Present yourself in an accepting and compassionate manner.
Acknowledge the Trauma and Seriousness of what she has been through:
“I am sorry that this happened to you.” Allow her to vent, even if it is at YOUDemonstrate empathy.Help the Victim to regain some control. NEVER SAY, “I know how you feel” because
you don’t.Calm and reassuring vocal tones
Techniques: Creating and Maintaining an Open Interview
1. Explaining the Questions:Explaining questions dealing with sensitive
issues helps your victim’s fears at ease.Use the law to explain why you need specific,
detailed information about what happened.Reassure her that your asking about high risk
behavior does not mean that you doubt her story.
Techniques: Creating and Maintaining an Open Interview
Eye ContactUse Inviting Body LanguageAvoid Touching the Victim
Physical Techniques
Techniques: Creating and Maintaining an Open Interview
3. Use of Sexual Language.Avoid using Police Terminology.Clarify any slang terms that the victim uses to ensure that you understand what they mean.
Mimic terms used by the victim without acting shocked or embarrassed by them.
Techniques: Creating and Maintaining an Open Interview
4. Engage in Active Listening.Without interrupting the flow of the narrative,
try to interject comments that let her know that you are listening.
Encourage the Victim to continue talking while knowing that she is being heard.
The Victim’s NarrativeThe victim’s narrative is the most vital part of the investigation.
Begin by asking the victim to tell you in her own words and at her own pace, what happened. You can facilitate the interview while allowing the victim to tell her own story by:
1. Using open-ended prompts.2. Allowing the victim to control the pace.3. Avoiding leading questions.
After the Initial Narrative Go back and clarify specific points.Open ended follow-up questions.Explore small details, such as the color of the
interior of the car, or the color of the carpet in the room.
Again, continue to move at her pace, using soft, soothing voice tones.
Remember, small details will help corroborate her story when he says it didn’t happen the way she said.
Information Gained during the InterviewEssential Elements to be Collected during the
Interview:Description of the victim’s behavior and
relationship with the defendantDescription of the suspect’s behavior.Documentation of the specific acts committed
and whether any acts were repeated .Description of the suspect’s sexual behavior.Establishing force or threat of force.
Concluding the Interview
Ask the victim of she has any additional information that she wants to report.
Ask the victim if she has any questions of you concerning what is happening or what is going to happen.
Reassure you are on her side and will do everything possible to help her.
Explain to her the next step of the investigation.Provide her with good contact information for
you.THANK HER for her patience and cooperation.
Departmental Responsibility in Sexual Assault Response
Selection of Best Personnel for Sexual Assault Response.
Written Policy and Procedure for Sexual Assault Response.
Provide the Best Possible Training for Newly Assigned Personnel.
Provide On-going Training for Veteran Personnel.
SART APPROACH
Realize that prosecution is NOT always the ultimate goal
Recognize the needs of the victimHer Strengths, Her Weaknesses,Listen to her input and wishesAnd what is BEST for herWhat does success look like in this case?
SART and Your CommunityEducate your community Dispel the “Myths” of Sexual AssaultTherefore; you educate your Jury PoolLead by Example
Loose the tough cop attitudeNo more, “Is this a real rape or another waste
of my time”BELIEVE first…………….Set the tone and culture of your agency and
community
Contact InformationMichael L. Milnor
Senior Supervisory Investigator/Polygraph Examiner
Campbell County Sheriff’s OfficeOffice # 434 332-9707
Cell# 434 665-1843Email: [email protected]
Acknowledgements and SourcesMaryland Coalition Against Sexual AssaultInterview or Interrogation?: A Comment on
Kassin et al. J.P. Blair