Investigative Interviewing in Child Sexual Abuse Cases

1
Investigative Interviewing in Child Sexual Abuse
Cases
2
Child Sexual Abuse Certification Series

• Overview of Child Sexual Abuse
• Sexuality of Children Healthy Sexual Behaviors
  and Behaviors Which Cause Concern
• Working with Juveniles Who Sexually Offend
• Family Reunification Case Closure in Child
  Sexual Abuse

3
Learning Objectives

• Define the purpose and goals of an investigation
  into child sexual abuse.
• Assess safety threats and risk factors in child
  sexual abuse investigations.
• Know how to plan the logistics of an
  investigation, including issues of timing,
  location, sequencing and teaming with other
  professionals in the form of multi-disciplinary
  teams.
• Know the stages of the interview and the methods
  to be used in interviewing alleged victims,
  non-offending parents, alleged perpetrators and
  collateral witnesses.
• Understand the dynamics involved in child sexual
  abuse.

4
Agenda on Day 1

• Introductions and Agenda
• Overview of Investigative Interviewing
• Investigative Logistics and Teaming
• Beginning Introductions Stage
• Questioning Clarification (Work) Stage

5
How I Learned To Drive

• LIL BIT Sometimes to tell a secret, you first
  have to teach a lesson.
• Quote from How I Learned to Drive by Paula Vogel

6
Complexity of Child Sexual Abuse

• The young age of a child their difficulty
  expressing what occurred/how they are feeling.
• Family taboos on teaching formal names of
  sexual/private body parts.
• The fact that there is usually little physical
  evidence and no witnesses.
• Denial by the victim, perpetrator, or family
  members, especially in cases of incest, that
  sexual abuse could happen in their family.
  Intimidation or manipulation of the child and/or
  non-offending parent by the perpetrator.
• The defendants right to face their accuser.
• Family pressures and issues, including drug and
  alcohol use, lack of supervision, etc.
• Discomfort with the topic of sex and sexual
  abuse.

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Complexity of Child Sexual Abuse

• Prior negative experiences during investigations
  or anticipation of such.
• Sense of intruding into family space.
• Multi-generational/extended family patterns of
  sexual abuse.
• Difficulty believing that an adult could obtain
  sexual gratification from a child, especially in
  the judicial system.
• Inability to cope with what happened to the
  child.
• The loss of trust they feel toward the
  perpetrator and questioning if anyone can be
  trusted.
• Blaming of the child for the incident.
• Dealing with multiple people/entities.

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Scope of Investigation
9
Investigative Goals

• The investigation is a detailed fact-finding
  process with primary goals of
• Assessing immediate safety threats and ongoing
  risk to the child
• Maximizing information obtained about the alleged
  incident
• Gathering evidence to support the findings
• Minimizing trauma to the child
• Maintaining the integrity of the investigative
  process
• Determining whether the allegation of child
  sexual abuse is substantiated and
• Developing and implementing a plan to protect the
  child.

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Activity

• Record 3 important skills or qualities an
  investigative interviewer must possess.
• What skills do they need to have related to those
  roles?

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A SUCCESSFUL INTERVIEWER

1. Possesses a sense of professionalism and takes
   responsibility for conducting an effective and
   fair interview/investigation
2. Uses effective listening skills, including active
   listening
3. Employs detailed observation skills
4. Is able to rapidly establish rapport with any
   individual with whom they come in contact,
   regardless of cultural differences or the
   interviewers personal feelings

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A SUCCESSFUL INTERVIEWER, continued

1. Maintains self-control while establishing empathy
   with interviewees
2. Has intricate knowledge of the laws and
   regulations affecting child abuse
3. Confronts inconsistencies while gaining
   cooperation with the safety plan
4. Is intent on finding the truth.

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Definitions of Interview Types

• Investigative Interview a directed conversations
  
• between an investigator and a subject in order to
  
• gather information about an incident, identifying
  
• individual and resources necessary to assure
  child
• safety.
• Forensic Interview narrowly-defined interview
• process between a specially-trained law
  enforcement
• official or interviewer which use a specific
  order to
• the interview process, concentrating on obtaining
  
• information relating to evidence and prosecution.
• Therapeutic Interview clinical interview
  concerned
• with the childs perceptions of events and how
  the
• events affected the child. Typically conducted
  by
• mental health professionals or counselors,
  focusing
• on helping the child navigate the healing process.

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Additional Resources

• Article for accidental v. sexual abuse-related
  hymenal injury photographs Child Abuse Neglect
  Sexual Abuse (June 16, 2006) by Angelo P.
  Giardino, MD, PhD
• http//www.emedicine.com/ped/topic2649.htm
• Forensic interviewing certification National
  Association of Certified Child Forensic
  Interviewers
• http//www.naccfi.com

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• Mary Referral Script
• Participants will be playing the role of a
  screener who takes referrals or screens them out
  for referral to other agencies or organizations.
  You receive a call at approximately 1030 AM.
• What questions would you ask to determine if
  this is a valid referral?
• Refer to Handout 4

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Definitions of Safety and Risk

• Safety a condition of being free from
  immediate harm.
• (See OCYF Bulletin 3490-06-01, effective
  3/15/06, Safety Assessment Planning Process.)
• Risk danger of future harm to the child.
• (See OCYF Bulletin 3490-97-01, effective 7/1/97,
  Risk Assessment Policies Procedures)

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Stages of Interview Process

1. Preparation Stage
2. Beginning and Introduction Stage
3. Questioning and Clarification Stage
4. Ending and Transition Stage

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• Definition of Culture
• Culture represents the vast structure of
  behaviors,
• ideas, attitudes, values, habits, beliefs,
  customs,
• language, rituals, ceremonies and practices
  peculiar
• to a particular group of people.
• It provides them with
• a general design for living and
• patterns for interpreting reality.
• Culture determines how we see the world and the
  way
• we see the world is reflected in our behavior.

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Sequencing of the Interviews

• Best practice indicates that, in most cases,
• interviews should occur in the following order
• the alleged child victim
• the siblings and /or other children
• the non-offending parent
• the alleged perpetrator and
• corroborative witnesses and other family
  members/others to whom the child may have
  disclosed (e.g., a friend or relative).

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Location of interviews

• Find a room/area where distractions can be
  minimized
• Place observers behind the child/interviewee
• Interview a child before the medical examination
  (while child is fully clothed)
• Have law enforcement officers in plain clothes
  with weapons concealed

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Interviewing Tools

• Crayons and Paper
• Puppets
• Dolls
• Play Dough
• Toy Telephones
• Body Parts Drawing

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Family Tree for the Doe-Davis Family
Grandma (Finch) Doe
Grandpa Doe
Married 13 Yrs
Separated 8 Yrs.
Paternal Grandmother Deceased 14 Years Ago
Paternal Grandfather Age 62 Whereabouts Unknown
Melvin Doe, Sr.
Katherine (McCauley) Doe Davis
Married 8 Yrs
Married 7 Yrs.
Regina (Doe) Smeltz
John Mack Davis
Father Age 35
Divorced
Paternal Aunt Age 37
Mary Doe
Melvin Doe, Jr.
Mike Doe
Half-Brother Age 6 1st Grade Lives w/ Katherine
John
Brother 15 9th Grade Paced _at_ YDC
Child Age 8 3rd Grade Lives w/ Katherine John
Key
Married
Male
Separated
Female
Child
Divorced
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I N F O R M A T I O N G A T H E R I N G
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Incorporating the 6 Domains

• Who are the caretakers in the home?
• Have we seen all the children?
• Who else (family or community) can be of help?
• What action is required right now?
• How does this affect my plan for the next 60 days

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Tender Years Act Scramble Instructions(42 Pa
C.S.A. 5985.1, Admissibility of certain
statements)

• Allows for an out-of-court statement by the
  child, age
• 12 or younger, admissible in any criminal
  proceeding
• relating to sexual offenses if the evidence is
  relevant
• and the child testifies or is unavailable as a
  witness.
• Unscramble the cards from your envelope to
• complete the following sentence

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Activity Rules of the Interview

• Its okay for you to ask questions.
• Tell me if you dont know the answer to a
  question.
• Ask if you dont know what something means.
• I may ask you something more than one time.
• Tell me if you dont like something I say or do.
• I want to help you and your family.
• Tell me if I get something wrong.

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Childrens Communication Sequencing

• 1 My mom said if I put my dolls in the closet
  and my toys in the box, shell buy me a present.
  So I did, and she took me to Wal-Mart, and we
  looked at kids stuff, and I picked ribbons.
• 2 See my ribbons. I just got them. Theyre
  new. My mom said they make me look pretty. All
  of us kids have to clean up our room. Its
  called our chores. Mom says kids need to do
  chores because everybody had to do their part and
  when you do your part your mom is happy with you.

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Activity

• Label lined sheet of paper with the following
  leaving spaces between each label
• Containment
• Focused Listening
• Reaching into Silences
• Individually record at least 1 example of each on
  your paper one way you can improve your use of
  the skill when you return to work.

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Activity Stages of Interview Process

1. Preparation Stage
2. Beginning and Introduction Stage
3. Questioning and Clarification Stage
4. Ending and Transition Stage

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Agenda on Day 2

• Interviewing the Non-Offending Parent
• Interviewing the Alleged Perpetrator
• Interviewing Collaborative Witnesses
• Making Decisions in Case Planning
• Closing and Evaluation

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Reasons a Child May Purposefully Disclose

• Threat to safety removed or lessened
• Threat to safety is heightened
• Household/Relationship changes
• Maturation/Ability to fight back
• Direct conversation

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Thinking Errors

• I am the father in this household. I may do
  what I want with my child.
• I am responsible for educating my daughter. I
  am teaching her about sexuality.
• I am a man with strong sexual desires. She is
  available for me to use in this way.
• I asked her if it felt good to her I was
  careful not to hurt her.
• She never said she didnt want to do it. I
  never did anything she didnt want me to.
• I told her we are all sinners we all have
  problems- and I asked her if she wanted to see
  what my problem was.
• Oral sex doesnt count it isnt cheating.
• My wife doesnt mind. She doesnt want to give
  me head so I had her little girl do it. At least
  I wasnt committing adultery by going outside the
  marriage.
• A stiff dick has no conscience.

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Activity

• Each table will be assigned one of the following
  topics
• Preparation Stage
• Beginning Introductions Stage
• Questioning Clarification Stage
• Ending Transitions Stage
• Alleged Perpetrator is Non-Family Member
• Discuss record how interviewing the Alleged
  Perpetrator differs from interviewing the other
  subjects of the report (child, parents)
• Refer back to Handout 14

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Common Sex Offender Assessment Areas

• Sexual History
• Offense Specific Information (Criminal History,
  Type of Child Preferred)
• Sexual Fantasy Activity
• Levels of Anger or Hostility
• The Sexual Knowledge of the Alleged Perpetrator
• Levels of Empathy
• Levels of Social Skills
• Cognitive Distortions

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Delay of Notification

• According to CPSL 6368 (a), Investigation of
  reports, oral
• notification of the nature of the interview
  (abuse allegations)
• must be given prior to interviewing any subject
  of the report,
• including the alleged perpetrator. Written
  notification must be
• provided within 72 hours of the oral
  notification. Notification
• may, however, be reasonably delayed if it is
  likely to
• Threaten the safety of the identified child,
  non-offending parent or investigation worker
• Cause the alleged perpetrator to abscond or
• Significantly interfere with the conduct of a
  criminal investigation.
• Written notice must be provided prior to the
  agency reaching a
• finding on the validity of the report. SW
  should advise law
• enforcement official of these parameters when law
  enforcement
• is requesting a delay in notification and should
  request that law
• enforcement specify that it would significantly
  interfere with their
• investigation if notification were provided
  immediately. If SW
• deems delay in notification necessary, the other
  interviewees
• (referral source, child/siblings, non-offending
  parent) should be
• notified of the decision and the rational
  provided.

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Interviewing Alleged Perpetrators

• Interview- a meeting at which information is
  obtained from a person
• Should be conducted in a location that affords
  privacy and no interruption or distractions
• Non-accusatory in design and nature
• The interviewee may or may not be formally
  charged with any crime
• If not in custody, is free to leave at will
• Miranda Warnings are required if suspect is in
  custody
• Are not limited in time (within reason) they
  take as much time as needed to discuss the
  information needed
• Any written statements given by the person being
  interviewed are down on an Affidavit in Fact
  form if interview is conducted by or in
  conjunction with law enforcement
• At this time, the alleged perpetrator may give an
  alibi that can be verified or disproved through
  the investigation

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Assuring the Childs Safety

1. The alleged perpetrator should voluntarily leave
   the home because the child welfare professional
   must separate the two until the investigation is
   completed.
2. If the alleged perpetrator will not voluntarily
   leave the home, the child welfare professional
   will need to remove the child (and probably the
   siblings). This would be traumatic for the child.
3. The perpetrator is encouraged to think of the
   childs needs, not his or her own.

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COLLABORATION WITH OTHER AGENCIES

• Pertinent statutes and regulatory guidelines
  include
• Chapter 6, Title 63 Domestic Relations, CPSL
  6368 Investigation of reports. CPS regulations.
• 55 Pa. Code, Chapter 3130.44 (c) Confidentiality
  of family case records.
• Juvenile Act 6311 (b) (2) (Powers and duties).
• Juvenile Act 6336 (f) Discretion of the Court).

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CFSR Service Array

• Provide services designed to
• -provide pre-placement preventive services
• -help children remain safely with their families
• Describe the extent to which all the services are
  accessible to families and children.
• Ensure services are individualized, based on the
  needs of the child and family.

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Investigation and Interviewing

• PHASE I CRISIS INTERVENTION
• PHASE II INDIVIDUAL THERAPY
• PHASE III STRENGTHENING FAMILY RELATIONSHIPS
• PHASE IV REUNIFICATION/PERMANENCY
• (Adapted from pp.200-216, Rycus Hughes, 1998,
  Vol. I.)