The Language of Sexual Assault Crimes

By Detective David WilliamsFayetteville Arkansas Police Department

“Comfort Women”

Language Matters

Cases are won and Lost Due to Excellent or Poor Language Choices During:

Victim Interviews Documentation Testimony

Victim’s Behavior Characteristics:

Self blame Humiliation and embarrassment Loss of affect or numb response Omission of details Reluctance to report Incomplete memory Nightmares/flashbacks Anger at others for not protecting him/her

Emotions Involved with Sexual Assault

Humiliation Shame and self-blame Guilt Fear of people Grief and depression Denial Anger and irritability

Issues Specific to Sexual Assault

Sexual assault is one of the few crimes that requires intense scrutiny into the believability of the victim’s description of the event

It is probably the only crime in which the suspect can successfully defend himself by claiming the victim consented to the crime

Three Major Needs Victims Have

1. The need to feel safe.

2. The need to express their emotions.

3. The need to know what comes next after their victimization.

The Role of Professionals

The dignity and healing of victims depends on the respect and assistance extended by professionals.

Re-victimization

Insensitive questioning by police Criminal justice attitudes suggesting that the

victim contributed to his/her own victimization Delays in the return of personal property Fear of reprisal by the defendant Lack of information on the status of the case

Things NOT to Say

Everything is going to be alright Don’t cry You shouldn’t feel that way I know how you feel You must get on with your life I promise I’ll get this guy and he’ll go to prison

for a long time

REMEMBER, YOU ARE THERE FOR THE VICTIM,

THE VICTIM IS NOT THERE FOR YOU.

Language in Interviews

Language is critical in victim interviews. The victim may be “the best evidence” in a

case if approached with the right interviewing techniques,.

Mistakes by an officer during the interview or in reporting can have a positive or negative impact on the case.

Language CAN

Explain her thoughts and feelings Discover valuable corroborating clues Make a victim more willing and able to

navigate the criminal justice process Lead to successful prosecution of a Known

Violent Offender

Language CAN Also

Shut her down Confuse or under-inform judges, juries,

media Lose cases that should have been won

Good Verbal and Written Language Skills

Maintains cooperation from victim. Clears up inconsistencies in statements. Encourages victim to tell the entire truth and

not omit information which would later be used to challenge his or her credibility, e.g. drug or alcohol use.

Builds a stronger case. Avoids re-victimization.

The Interview

Build rapport and trust Explain the purpose of the interview Address questions the victim can’t answer Address concerns regarding prosecution Use open-ended questions Allow the victim control

Importance of a safe, nonjudgmental environment

Encourages a more thorough and truthful reportRemove the incentive to be untruthful.

My favorite place

Information Needed by the Investigator

Describe Victim’s behavior and relationship with the

suspect Suspect’s behavior Document specific acts committed Suspects sexual behavior Establish force or threat of force Suspects description Establish M.O. or signature

Challenge: Lack of Physical Resistance

Victims often don’t resist because they are surprised, confused or fear injury or death.

They are threatened if the assailant is larger and/or stronger.

They are under the influence of drugs or alcohol.

Police reconstruct the victim’s reality

Describe her account including her thoughts and feelings.

Reconstruct her reality for prosecutors and jurors so they will understand why she didn’t physically resist her assailant.

Challenge: Delayed Reporting

Delayed reporting is typical, especially in non-stranger assault.

“Imagine a child molested by a stepfather or other relative versus a stranger in the park. In which case is the victim most likely to go to police?”

Why victims delay reporting?

They fear they won’t be believed. Fear what will happen to their lives after they

report. They don’t recognize what happened to them

as a crime. They feel shame and guilt.

Overcoming the challenge of delayed reporting

The interview should obtain information which explains the delay in reporting.

Thorough documentation of actions and thoughts.

Interviews with others the victim disclosed the assault to, especially the first person.

Dealing with Inconsistent or Untrue Statements

Why will a victim make an inconsistent or untrue statement? Rape trauma syndrome Discomfort talking about sex Repeated interviews Fear of blame, shame Their own drug or alcohol use Their own illegal behavior

Problematic Language Areas in Documentation and Testimony

Erotic/Affectionate Characterization of Sexual Assault

“Suspect then made love with her…” “She then had sex with him…”

Problematic Language Areas in Documentation and Testimony

Sexual Assault as Distinct from Violence

He kissed her and then put his penis into her vagina.

He held her and slid two fingers into her.

Problematic Language Areas in Documentation and Testimony

Appropriate Resistance by the Victim or Questionable Actions of Victim

Victim stated she didn’t do anything to stop him. Victim never made any attempt to scream or get

away. Victim willingly drank alcohol with him. Victim never called the police after the alleged

attack (delayed reporting).

Problematic Language Areas in Documentation and Testimony

Good Character of the Offender

Smith was polite and calm during the interview.

He said he would never hurt a woman. Smith indicated that Victim is bi-polar and off

her medications. Smith promised he would take care of her so

we would not have to come back out.

Problematic Language Areas in Documentation and Testimony

Grammatically Omitting or Minimizing Agent of the Assault

Victim was assaulted. The woman said she is a victim of abuse. She said he is never violent unless he drinks.

Problematic Language Areas in Documentation and Testimony

“Cop Speak”

“Suspect exited the vehicle and proceeded…” Oral Copulation Digital penetration

Strategy

Erotic/Affectionate Characterization of Sexual Assault

Appropriate use of verbs and descriptions:

Raped or Sodomized as opposed to “had sex with” or “made love with…”

Strategy

Sexual Assault as Distinct from Violence

Include the violence in your reports and testimony and use vivid verbs.

Suspect clamped his mouth onto Victim’s and forced his tongue into her mouth…

Suspect shoved his penis into her vagina and raped her…

Strategy

Lack of Resistance or Questionable Actions by Victims

Articulate her fears Understand WHY she didn’t report Be honest about drug/alcohol use (it’s the

omission that’ll get you)

Strategy

“Good Character” of Suspect or Suspect’s Efforts to Blame Victim

Understand “Batterer’s M.O.” Recognize efforts to charm/manipulate you.

Strategy

Grammatically Omitting or Minimizing Agent of the Assault

NAME the Suspect and keep that person as the SUBJECT (action-taker) in your reports and testimony

Bob Smith raped his girlfriend during the argument...

Strategy

Cop Speak

Talk and Write Like a Professional, Approachable Person

The suspect jumped out of his car and ran… He then forced two of his fingers into her

vagina…

Conclusion

The words we use when speaking to victims and when documenting their responses and our findings are CRITICAL in terms of:

Successful Prosecution Long-term Emotional Recovery of Victim The Safety and Well-Being of our

Communities