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)