INTERVIEWING THE VICTIM

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INTERVIEWINGTHE VICTIM
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Interviewing the Victim

• Let the victim know that you are concerned for
  her safety.
• Distract the victim from retaliation against
  abuser.
• Be nonjudgmental in questioning.
• Questions should be specific and not blaming or
  disbelieving.
• Validate the victims feelings.

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Interviewing Rules

• Interview the victim away from suspect. It
  reduces the risk of retaliation and promotes
  disclosure.
• Have clear rules about confidentiality and
  disclosure.
• Be honest. Tell victim that some information may
  need to be shared in court.
• Note history of previous violent incidents.
• Listen to the victims story before asking
  questions.

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Tone of the Interview

• The law enforcement officers responsibility is
  to get the most accurate information possible
  with the least amount of trauma to the victim.

• The officer sets the tone
• The investigation may be traumatic or degrading
  for the victim. Be patient.
• The victim will assess the officers body
  language and demeanor for reaction and
  understanding.

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Necessary Information (1)

• Name, phone number, address and alternate address
  and phone number for the victim.
• Name, address and phone number for someone who
  will always know the location of the victim.
• The names, addresses and phone numbers of all
  witnesses. Contact as soon as possible.
• The length of the relationship between the victim
  and suspect and any other states/communities they
  have resided in.

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Necessary Information (2)

• Note any physical or psychological disabilities.
• Note any cultural or religious practices.
• Note immigration status.
• 8. Note witnesss relationship to the
  victim/suspect.

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Questions and Statements (1)

• Begin the interview with you statements and
  questions. Ex. How are you feeling?
• Non-invasive questions may help the victim to
  relax and build rapport with the victim.
• Keep the victim informed with we statements.
  Ex. We need to review some information
  together.

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Questions and Statements (2)

• Use of the word we provides the victim with a
  sense of control.
• Tell the victim what you need with I
  statements.
• Ex. I need you to remember as many of the
  details as possible.
• Ask open-ended questions. Ex. And then what
  happened?
• Listen carefully and take accurate notes.
• Ask specific questions to clarify details.

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Questions and Statements (3)

• Encourage the victim to ask for an explanation if
  they dont understand something.
• Note the victims body language and other
  non-verbal responses.
• Reassure the victim that her cooperation is vital
  and appreciated.
• When the victim is finished, ask if there is
  anything else she wants to add.

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Questions and Statements (4)

• At this time, the officer can ask direct
  questions to gather
  additional facts.
• Dont ask questions not directly related to the
  investigation.
• Let the victim know that help is available and
  that intervention is
  important to stop further
  acts of violence.
• Inform the victim that she will not be
  responsible for
  prosecuting it is the responsibility of the
  officer and the prosecutor.

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What to Tell the Victim (1)

• Be consistent in your responses.
• A particular level of enforcement assists victims
  in deciding safety options.
• Convey the message that the perpetrator is
  responsible for his behavior. The victim is not
  to blame for the abuse.

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What to Tell the Victim (2)

• Remember - domestic violence victims may have
  been subjected to intense attacks on their
  self-esteem.
• Know local domestic violence services/resources.
• Do not make a promise you cannot keep (the
  department will protect you).

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The Danger of Leaving

• Do not tell the victim to leave and that
  everything will be fine.
• Victims are at a much higher risk of being killed
  (75 greater risk) after they leave or when they
  attempt to leave.
• Leaving has to be very carefully planned.

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Five Things for Officers to Say to Victims

• 1. Im concerned for your safety.
• 2. Im concerned for the safety of your children.
• 3. No one deserves to be treated this way.
• 4. Its not your fault.
• 5. My experience shows me that it will only get
  worse.

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Ask About Abuse (1)

• Physical Signs of Abuse
• Recurring or unexplained injuries bruises
• Combination of new and old injuries
• Injuries in areas covered by clothing
• Burns in unusual places
• Injuries to head, face, or scalp
• Signs of strangulation

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Ask About Abuse (2)

• Socio-Psychological Signs of Abuse
• Depression or withdrawal.
• Hesitation to talk openly.
• Fearful of law enforcement or other assisting
  professionals.
• Resignation or denial.

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Ask About Abuse (3)

• Financial Signs of Abuse
• Lack of knowledge about financial matters.
• Unable to make financial decisions or pay bills
  without consulting the perpetrator.
• No access to financial assets.

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Ask About Abuse (4)

• Signs of Denial of Civil Rights
• Unwarranted social isolation
• Signs of physical constraint
• Unwarranted schedule of imposed activities

If the victim doesnt mention any other signs of
physical, socio-psychological or financial abuse
or the denial of civil rights ASK HER.
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Assistance to the Victim (1)

• Encourage the victim to take action to protect
  herself and her children.
• Encourage the victim to contact the local
  domestic violence program. This is required by
  the State of Illinois.
• Assist the victim whether she leaves or not. It
  may not be safe for the victim to leave at that
  particular time.

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Assistance to the Victim (2)

• Distribute safety plan information at a safe time
  and place not in front of the abuser.
• Assist the victim in developing a safety plan or
  arrange for assistance from an advocate.
• Provide transportation to safety.
• Make follow-up contact with the victim.
• Review and update the plan frequently.
• Every time a victims situation changes, review
  and revise the safety plan, if necessary.

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Illinois Crime Victims Bill of Rights (1)

• The victim has the right to be treated with
  fairness respect throughout the criminal
  justice process.
• The victim has the right to notification of court
  proceedings.
• The victim has the right to communicate with the
  prosecution.
• The victim has the right to make a statement to
  the court at sentencing.
• The victim has the right to information about the
  conviction, sentence, imprisonment, release of
  the accused.
• The victim has the right to timely disposition of
  the case following the arrest of the accused.

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Illinois Crime Victims Bill of Rights (2)

• The victim has the right to be reasonably
  protected from the accused throughout the
  criminal justice proceedings.
• The right to be present at the trial all other
  court proceedings, unless the victim is expected
  to testify the court determines that the
  victims testimony will be affected if the victim
  hears other testimony at the trial.
• The victim has the right to have present at all
  court proceedings, subject to the rules of
  evidence, an advocate or other support person of
  the victims choice.
• The victim has a right to restitution/Victim
  Compensation.
• The victim has a right to notification of
  available services and legal remedies.

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Statements

• Offer the victim the opportunity to make a
  written or taped statement.
• If the victim recants, this statement can be
  brought in as a prior inconsistent statement and
  is admissible as substantive evidence.
• If an arrest is not made, the reports will be
  forwarded on to the States Attorneys Office for
  review.
• Advise the victim to contact the States
  Attorneys Office for further information.

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Interviewing Other Witnesses

• What relationship do they have to the suspect
  and/or the victim?
• Contact information (address and telephone
  numbers).
• Get their statement.

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Acknowledgements

• Resources provided by
• - Illinois Attorney Generals Office
• - Mark Wynn, Wynn Consulting www.markwynn.com
  
• - Illinois Domestic Violence Act Revised
  January 2009
• - 4th Judicial Circuit FVCC Law Enforcement
  Committee
• - OVW Rural Grant Committee, 4th Judicial
  Circuit

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• This project was supported by Grant
  2011-WE-AX-0055, awarded by the Office on
  Violence Against Women, U.S. Department of
  Justice, through the Illinois Violence Prevention
  Authority.
• The original project was supported by Grant
  2008-WR-AX-0016, awarded by the Office on
  Violence Against Women, U.S. Department of
  Justice, through the Illinois Criminal Justice
  Information Authority.
• Points of view, opinions, findings, conclusions
  or recommendations contained within this document
  are those of the author and do not necessarily
  represent the official position or policies of
  the U.S. Department of Justice, Office on
  Violence Against Women, Illinois Violence
  Prevention Authority, or the Illinois Criminal
  Justice Information Authority.