THERAPEUTIC INTERVIEW V INVESTIGATIVE INTERVIEW 1 THERAPEUTIC INTERVIEW

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THERAPEUTIC INTERVIEW V INVESTIGATIVE INTERVIEW 1

THERAPEUTIC INTERVIEW V INVESTIGATIVE INTERVIEW 1

THERAPEUTIC INTERVIEW b b b Purpose: to provide treatment for the patient To provide

THERAPEUTIC INTERVIEW b b b Purpose: to provide treatment for the patient To provide treatment a diagnosis must be made Treatment would involve providing safe environment and obtaining disclosure Clinical methods of interviewing are used These include leading questions, hypothetical questions, play therapy Primary focus: emotional wellbeing of child 2

INVESTIGATIVE INTERVIEW b b b Purpose: establish the facts of the incident under investigation

INVESTIGATIVE INTERVIEW b b b Purpose: establish the facts of the incident under investigation Need to find out what witness has seen, experienced, heard so that evidence can be placed before court Interview used to discover material truth (whether incident took place) Takes place within a legal framework (accused’s rights) Primary focus: to obtain accurate information 3

THERAPEUTIC V INVESTIGATIVE Dilemma: what is best for the patient v what is best

THERAPEUTIC V INVESTIGATIVE Dilemma: what is best for the patient v what is best for the court case 4

STATE OF IDAHO v LAURA LEE WRIGHT (1990) _ Do you play with daddy?

STATE OF IDAHO v LAURA LEE WRIGHT (1990) _ Do you play with daddy? _ Does daddy play with you? _ Does daddy touch you with his pee-pee? _ Do you touch his peepee? 5

Jambura: Do you play with daddy? Does daddy touch you with his pee-pee? Do

Jambura: Do you play with daddy? Does daddy touch you with his pee-pee? Do you touch his pee-pee? And again we then established what was meant by pee-pee, it was a generic term for genital area. Prosecution: Before you get into that, what was, as best you recollect, what was her response to the question ‘do you play with daddy? ’ Jambura: Yes, we play - I remember her making a comment about `yes, we play a lot’ and expanding on that and talking about spending time with daddy. 6

Prosecution: Jambura: And `does daddy play with you? ’ was there any response? She

Prosecution: Jambura: And `does daddy play with you? ’ was there any response? She responded to that as well, that they played together in a variety of circumstances and, you know, seemed very unaffected by the question. And then what did you say and her response? When I asked her `Does daddy touch you with his pee-pee’, she did admit to that. When I asked `do you touch his pee-pee’, she did not have any response. 7

COURT DECISION Conviction set aside: “Instead the hearsay declarations of the younger Wright girl

COURT DECISION Conviction set aside: “Instead the hearsay declarations of the younger Wright girl are not trustworthy because of Dr Jambura’s interview techniques: the questions and answers were not recorded on videotape for preservation and perusal by the defense at or before trial; and blatantly leading questions were used in the interrogation which was performed by someone with a preconceived idea of what the child should be disclosing. . ” 8

WARDSHIP CASES: UK In wardship cases in the UK, the judge was obliged to

WARDSHIP CASES: UK In wardship cases in the UK, the judge was obliged to appoint a psychiatrist or a psychologist to examine a child and to give an opinion as to whether the child had been abused or neglected. These interviews were videotaped , and eventually found their way into court. 9

THERAPEUTIC TECHNIQUES hypothetical or circular questions S if something rude has happened to you,

THERAPEUTIC TECHNIQUES hypothetical or circular questions S if something rude has happened to you, like being touched on your vagina (demonstrating on doll), who would you speak about it to? S would you say if you had such a touch it would hurt more if the touch was just on the outside or inside, or a little way inside your vagina or a long way? S if you were touched in this way, did it hurt a little or a lot? 10

“[w]hat was basically developed as a clinical technique to help make a diagnosis and

“[w]hat was basically developed as a clinical technique to help make a diagnosis and ensure the protection of a child was, therefore, being scrutinised in the court context, as a forensic technique, and inevitably the value of such interviews were being questioned. ” 11

RE M MINORS The Times, 2 May 1982 Mr Justice Latey: There was a

RE M MINORS The Times, 2 May 1982 Mr Justice Latey: There was a contradiction between the needs of clinical therapeutic methods and the needs of the court. For clinical therapy it was necessary to get the children to give an account of what had happened to them, and this often necessitated the use of leading questions, which did not accord with the requirements of a legal interview. 12