Interviewing Techniques

Interviewing TechniquesVictims & Suspects are not the Same!

Victims 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.There is no more important part of a sexual assault case than the interview. You have one shot to gain the trust of your victim. One shot to get the details that you may need to successfully prosecute the offender. This calls for all the compassion and consideration that you can deliver. You handle the victim with the same care that you would major crime scene evidence. 2What 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 DominatedMind Game

Why Interview?The role of the rape advocate is to believe a victims 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 victims 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 FACTSThe Police PersonalityThe Tough Guy FaadeThe Police Career PathJust the FactsWho, 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 Officers Interview Skills learned on Patrol In the TrenchesNew Investigators not trained in Interview TechniquesThey 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 locationSafe 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 interviewShould be determined Privately with the VictimPotential Witnesses must be ExcludedAlways include a Support Person when requestedAgain, another way for the investigator to give the victim a little control that she has lost. It also is a way to look out for her emotional health. As long as the support person is not a witness, you should allow the victim to choose whomever she wishes as support.

In the case of the victim wanting someone excluded from the interview, such as a spouse or a parent, the investigator should handle this for her diplomatically. Often having a spouse or a parent in the room is actually a hindrance rather than a help as the victim usually will not disclose many embarrassing details of the assault.

SART Programs are the best tool here to use. Impartial, non judgmental, yet compassionate support16

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 dont.Calm and reassuring vocal tonesTechniques: Creating and Maintaining an Open Interview1. Explaining the Questions:Explaining questions dealing with sensitive issues helps your victims 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 InterviewEye ContactUse Inviting Body LanguageAvoid Touching the VictimPhysical Techniques

Techniques: Creating and Maintaining an Open Interview3. 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 Interview4. 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 Victims NarrativeThe victims 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.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 didnt happen the way she said.Information Gained during the InterviewEssential Elements to be Collected during the Interview:Description of the victims behavior and relationship with the defendantDescription of the suspects behavior.Documentation of the specific acts committed and whether any acts were repeated .Description of the suspects 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 ResponseSelection 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 goalRecognize 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 ExampleLoose the tough cop attitudeNo more, Is this a real rape or another waste of my timeBELIEVE first.Set the tone and culture of your agency and community

Contact InformationMichael L. MilnorSenior Supervisory Investigator/Polygraph ExaminerCampbell County Sheriffs OfficeOffice # 434 332-9707Cell# 434 665-1843Email: MLMilnor@co.campbell.va.usAcknowledgements and SourcesMaryland Coalition Against Sexual AssaultInterview or Interrogation?: A Comment on Kassin et al. J.P. Blair