Post on 23-Dec-2015
INTERVIEWING THE
CHILD SEX OFFENDER
INTERVIEWING THE
CHILD SEX OFFENDER
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
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?
PRIVACY 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 that 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 child in the end
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
LOCATIONSelection 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 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
LANGUAGEInterviewer 1: Now, did you have an
erection?
Suspect: A reaction?
Interviewer 1: An erection.
Interviewer 2: Use a word he understands.
Interviewer 1: Did you have a hard-on?
Suspect: Sort of. It was about halfway hard.
Interviewer 1: Did you ejaculate?
Suspect: Huh?
Interviewer 1: You know....did you come?
Suspect: Uh...
Interviewer 1: Did you get that certain feeling?
Suspect: Oh yeah! I got that feeling.
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
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: will destroy trust that has been
developed with suspect risk that confession may be
inadmissible in court because of coercion
METHOD OF INTERVIEW
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
once denial has been abandoned, can move to abuse-specific 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
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
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
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
should consult with mental health professionals to develop case-by-case techniques that would be most effective
male juvenile offenders follow same disclosure pattern as adult male, only legal issues involved (presence of parent)