INTERVIEWING THE CHILD SEX OFFENDER INTERVIEWING THE CHILD

INTERVIEWING THE CHILD SEX OFFENDER

INTERVIEWING THE CHILD SEX OFFENDER u u interview requires planning and preparation no best way to get admission/confession each individual has different motivation look at all other info to determine approach

PRE-INTERVIEW CONSIDERATIONS ' WHEN MUST THE INTERVIEW BE HELD? ' ' after the evidence has been gathered immediately on hearing the allegation

AFTER EVIDENCE GATHERED 1. 2. 3. 4. interviewer fully aware of all the info gathered interviewer can better detect false or misleading assertions by suspect interviewer better prepared to counter defences suspect may use to confuse interviewer where suspect aware that interviewer knows lots of info and talked to victim, more difficult to be deceptive

AS SOON AS POSSIBLE ' ' delay gives suspect time to prepare for confrontation, to think up explanation, to prepare alibis, possibly intimidate witnesses, destroy evidence, consult legal adviser greater chance of obtaining a confession if interview conducted immediately

WHERE SHOULD INTERVIEW BE HELD? 1. PRIVACY 1. 2. most important psychological factor contributing to a successful interview is privacy must decide where to interview: - in a place where offender would feel safer and more in control (not threatened) - or better to put him off balance and keep him under pressure

LEGAL RIGHTS ' All interviews must be conducted with the potential accused’s legal rights in mind

GENDER OF INTERVIEWER ' ' ' some offenders may have great difficulty dealing with females in positions of power reluctant to confide in women about their sexual activities difficult for females to use certain interview strategies e. g. “I understand” technique

“I UNDERSTAND TECHNIQUE” Male interviewer: You know, I have a stepdaughter who is about Janie’s age. A few weeks ago she got a new swimsuit, a bikini. I couldn’t stop looking at her. She looked really sexy, really hot. I can understand how a normal guy could do something there. Is that how it happened, John?

GENDER OF INTERVIEWER ' ' ' interviewer must be aware of effect gender may have on interview some men may want to brag or shock female interviewer may give more information than intended some men may view females as such a little threat they feel they can say anything without repercussions

GENDER OF INTERVIEWER ' ' if interviewer sees that gender (race, culture) is a stumbling block, allow someone else to continue doesn’t relate to interviewer’s ability another person may be able to develop rapport or use the right technique doesn’t matter who gets confession - will assist the

FEMALE OFFENDER ' ' ' may want to speak to another female may perceive female interviewer to be potential ally against male system may have been abused in past and find it difficult to speak to male if part of an abusing couple, may find it easier to talk about the dynamics of the situation (“He made me do it - it wasn’t my idea”) may want to control interview by flirting or acting like a poor, little woman needing understanding and protection of big male

THE INTERVIEW ' ' interviewer should be seen as an objective party trying to find the truth this is much more effective than appearing to be so biased as to have little empathy for the alleged offender or a willingness to listen to what he has to say if interviewer creates impression that he is simply waiting for an excuse to throw suspect into jail, not likely that suspect will want to aid process interviewer must control horror or anger

LOCATION Selection of site critical: ' ' ' ' interview at home or work? can privacy be ensured? how will feeling of safety be encouraged /overcome? if investigator wants to see suspect, how ill he get there? should he be picked up? who will do transporting? do transporting officers understand to keep quiet? (their attitude can affect interview) will suspect be telephoned and asked to come down to station for a chat? what would that do to element of surprise?

LANGUAGE 1. 2. 3. 4. 5. we adjust language and questioning when we talk to children also important for offender important to assess suspect’s level of comprehension and adjust questioning to suit him adults also us terms they don’t understand interviewers may use correct anatomical and clinical terms but info obtained may be questionable if it can be shown that suspect did not understand the questions and blindly agreed

LANGUAGE Interviewer 1: erection? Suspect: Interviewer 1: Interviewer 2: understands. Interviewer 1: on? Suspect: halfway hard. Interviewer 1: Suspect: Interviewer 1: come? Suspect: Interviewer 1: certain feeling? Suspect: Now, did you have an A reaction? An erection. Use a word he Did you have a hard. Sort of. It was about Did you ejaculate? Huh? You know. . did you Uh. . . Did you get that Oh yeah! I got that

RESPECT ' ' ' suspect should be treated with respect if confrontational atmosphere established at beginning, interviewer will not be able to backtrack later and become “nice guy” many suspects respond well to this; did not realise someone might understand them and their burden even after confession, do not gloat show compassion and provide suspect with means of contacting investigator if he thinks of anything else significant many call back later with more details or other info burden becomes lighter with each conversation

MAKING PROMISES 1. 2. 3. do not make promises that cannot be kept tempting to promise suspect treatment programme rather than prosecution when he is on the verge of disclosing promises should be avoided: 1. 2. will destroy trust that has been developed with suspect risk that confession may be inadmissible in court because of coercion

METHOD OF INTERVIEW 1. 2. 3. 4. According to FBI child sexual offenders have fairly common response to questioning first response (if not caught in act) is to deny completely any knowledge of any offence objective of interviewer is to find a strategy to get the suspect past denial displaying belief in abuse and emphasising need to be fair and get both sides of the story is one method of accomplishing this

METHOD OF INTERVIEW 1. 2. 3. once denial has been abandoned, can move to abusespecific areas take effort to get suspect to spend time talking about his feelings for children or peripheral aspects of abuse talking about non-sexual topics related to abuse may be a good ice-breaker (photography, child development etc)

METHOD OF INTERVIEW ' ' do not use judgmental terms in discussing abuse terms like rape, pornography and molestation will convey illegality of actions to suspect rather use terms that are descriptive of the activity (taking nude photographs) takes sting out of admissions

METHOD OF INTERVIEW 1. 2. 3. 4. 5. generally offender will begin by minimising quality and quantity of sexual activity tip of the iceberg interviewer can begin to address the improbability of suspect’s position next suspect will rationalise or justify behaviour i. e. provide child with sex education, doing his own research in sexual abuse interviewer may even suggest some of these as an intervening technique

METHOD OF INTERVIEW 1. 2. 3. some justifications may be ridiculous: man who denied making his 3 year old daughter perform fellatio on him but did admit that, when they were in the bathroom together, his penis accidentally fell into her mouth when she turned to ask him a question as he was urinating if suspect is trying to justify his behaviour, let him doesn’t matter what his reasons are, as long as he admits aspects of behaviour

METHOD OF INTERVIEW ' ' ' not uncommon for suspect to blame others, usually the victim or his spouse or partner he was under stress, has a drinking problem, was seduced by the child, other situations compelled him, atypical of his normal behaviour provides a preview of possible court defences

METHOD OF INTERVIEW 1. 2. 3. 4. once admissions have been made, interviewer must focus on each act in its entirety establish venue, activity leading up to act, explicit details of sexual activity and what happened afterwards once offender realises he’s been caught, investigators might see “sick and sympathy” ploy an attempt to divert attention from victim’s plight to the offender’s situation i. e. Wife will divorce him, family disown him, punished enough, learnt his lesson, discovered God

CONTACT WITH VICTIM ' ' if suspect not in custody, rules of victim(s) will have to be discussed types of issues: ' ' ' in family case, will suspect move out or must child be placed out of home if he agrees to leave, where will he go and for how long will his alternative plan expose other children to risk most investigators feel potential for physical danger is low, but not absolute offenders have murdered victim, intimidated witnesses and committed suicide

ENDING INTERVIEW ' ' ” to realise that it is best for all concerned reinforce the positive aspects of the suspect’s admitting to the activity praise him for being “man enough

FEMALE OFFENDERS data on female offenders and successful interview strategies extremely limited 2. should consult with mental health professionals to develop case-by-case techniques that would be most effective 3. male juvenile offenders follow same disclosure pattern as adult male, only legal issues involved (presence of parent) 1.