Victims & Suspects are not the Same!. Victims Interview: Crucial Evidence The Investigation of a Sexual Assault is unlike any other type of Criminal Investigation.

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