Victims amp Suspects are not the Same Victims Interview Crucial Evidence The Investigation of a Sexual Assault is unlike any other type of Criminal Investigation due to the uniquely intimate and invasive nature of the crime ID: 200406
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Interviewing Techniques
Victims & Suspects are not the Same!Slide2
Victim’s Interview:
Crucial Evidence
The 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.Slide3
What is Typical Victim Behavior?Slide4
There is NO TYPICAL Victim Behavior
Delayed ReportingContact with Suspect AFTER Offense
Inconsistencies
Previous Claims of Victimization
Lies About Behavior
Reports to Someone other than Law Enforcement
Indifferent to Injuries or PainSlide5
Victim Behavior
Flat CryingLaughing
ALL are behaviors LE has seen and ACCEPTED before at traumatic accident and death scenes…………………….Slide6
Interview vs Interrogation
Interview is:
Non – Accusatory
Investigator is Neutral and Objective
Goal is to Gather Information that is Relevant to the Investigation.
Investigator Endeavors to Reassure and Gain the Trust of the Victim
Open-ended questions, free flowing formatSlide7
Interrogation is:
Accusatory
Goal is to learn the truth, gain confession
Tightly structured, active persuasion on the part of the Investigator
repetitious Dialogue
Investigator Dominated
“Mind Game”Slide8
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.Slide9
Police Placed Obstacles to Interviewing Sexual Assault Victims
Asking for “JUST THE FACTS”
The Police Personality
The Tough – Guy Façade
The Police Career PathSlide10
“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 InvestigationSlide11
The Police Personality
Very Action OrientedGet to the Point!Solve the ProblemMove On to the next ProblemGood on the Street, Not in the interview Room!!Slide12
Tough-Guy Facade
Sexual Assault Cases are Emotional in Nature for EVERYONE!
We Distance ourselves to Survive
Helps to Maintain Control of Ourselves
This becomes a Huge Barrier between Investigator and VictimSlide13
Police Career Path
Many Officer’s Interview Skills learned on Patrol “In the Trenches”New Investigators not trained in Interview TechniquesThey are Trained in Interrogation TechniquesSlide14
Golden Rule:
First, Do No Harm………All possible efforts should always be made to minimize potential further trauma to the victim
Effective InterviewingSlide15
Setting the Interview Stage
1. Select an appropriate location
Safe and Comfortable
Private and Distraction Free
Maintain an Equal or Inferior Position to the Victim
Allow her to have some Control over her SurroundingsSlide16
Setting the Stage
2. 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 requestedSlide17
Setting the Stage
3. 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 notSlide18
Setting the Stage
4. 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 YOU
Demonstrate empathy.
Help the Victim to regain some control.
NEVER SAY, “I know how you feel” because you don’t.
Calm and reassuring vocal tonesSlide19
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.Slide20
Techniques: Creating and Maintaining an Open Interview
Eye Contact
Use Inviting Body Language
Avoid Touching the Victim
Physical TechniquesSlide21
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.Slide22
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.Slide23
The Victim’s Narrative
The 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:
Using open-ended prompts.
Allowing the victim to control the pace.
Avoiding leading questions.Slide24
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.Slide25
Information Gained during the Interview
Essential 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.Slide26
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.Slide27
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.Slide28
SART APPROACH
Realize that prosecution is NOT always the ultimate goalRecognize the needs of the victimHer Strengths,
Her Weaknesses,
Listen to her input and wishes
And what is BEST for her
What does success look like in this case?Slide29
SART and Your Community
Educate your community Dispel the “Myths” of Sexual AssaultTherefore; you educate your Jury PoolLead by Example
Loose the tough cop attitude
No more, “Is this a real rape or another waste of my time”
BELIEVE first…………….
Set the tone and culture of your agency and communitySlide30
Contact Information
Michael L. MilnorSenior Supervisory Investigator/Polygraph Examiner
Campbell County Sheriff’s Office
Office # 434 332-9707
Cell# 434 665-1843
Email: MLMilnor@co.campbell.va.usSlide31
Acknowledgements and Sources
Maryland Coalition Against Sexual AssaultInterview or Interrogation?: A Comment on Kassin et al. J.P. Blair