Chapter 7 . Prote
162
INTERVIEWING
procon
judgment of the
Once any professional suspects that a child has been a victim of abuse, the interview
is conducted, and the motives of the interviewer could have a direct impact
vention. All professionals must keep in mind that their actions will be reviewed and
others who have not had their training or expertise. This review or
and the interview of the child victim occurs in court and is conducted by both the prosecute
the attorney representing the person accused of abusing the child.
occu
is th
ceed
on 1
the
reca
ber
The Interview Process
acc
th
ins
wl
ch
th
b
a
T
with the victim before trial.
1
During the 1970s and 1980s, a common defense tactic was to attack the child's credible
inferring or stating that the child was lying about the incidents. When dealing with child
mind. Older children were accused of being spiteful and seeking revenge for real or image
under the age of seven, these attacks centered on the child's inability to remember specifiche
distinguish between truth and falsehoods, and the intermingling of fact and fantasy in the
discipline by the parents. Soon, however, defense attorneys began to realize that jurors and
cases in which children engaged in lying regarding incidents of physical or sexual abuse.
were capable of evaluating the truthfulness of children, and for the most part there were ver
result of this almost universal acceptance of the credibility and lack of bias on the part of children
the defense establishment moved from attacking the child directly to attacking those who intima
Today, one of the most commonly raised issues in child abuse cases is the validity of ou
memories have been planted in impressionable young minds. The interviewer is accused of a
court interviews with the victim. Charges are levied against professionals that suggestions
biased and unprofessional. Defense attorneys will further claim that the interviewer has bra
washed or tainted the recollection of the child, and therefore that the victim's testimony shodli
considered untrustworthy. 13
The fact that defense attorneys and others may second-guess an interviewer's profisins
ism should not deter those charged with safeguarding victims of abuse from carrying out
duties. However, all professionals must be aware of the possibility of these accusations being
ied against them and conduct the interview in an unbiased manner. Interviews with victim
abuse should not be dreaded; rather, they must be approached with the understanding that
ultimate goal is safeguarding the child.
As any professional knows, children are not small adults. They have different perception
abilities, and needs than adults. Understanding how children react to events is critical in condi
ing a valid interview.
recall the incident or incidents. Scholars and professionals generally accept that childrenbi
One of the most important aspects of interviewing child abuse victims is their abili
ability to recall events and relate details concerning those events. 4 Although there is some del
remember the substance of the event, if not all the details.15
Children's memory can be classified into two types: recognition and free recall. Reap
was first perceived at an earlier time. For example, showing a child a photographic liner
having the child identify the perpetrator is a form of recognition memory. Free recall me
14
an
16
Chapter 7
.
18
Professionals and Their Response to Child Abuse
163
occurs when the child can recollect the event without the aid of cues or other assistance. This
is the most complex form of memory. This type of memory is used most often in court pro-
on this night?” would trigger free recall. These types of questions do not prompt or cue
Researchers have determined that when children are asked questions that prompt free
recall memory, they relate fewer details than adults. Although the information they do remem-
ber is as accurate as that from adults, it is not as detailed 19 And even though children may be as
accurate as adults in recalling recent events, their memories fade faster on points of detail than
those of adults. This is especially the case with very young children 20
Most interviews are not conducted in a random manner. There is usually a reason for talk-
why the child is acting in a certain manner, or in response to a request for assistance from the
ing with the child. It may be part of a normal medical interview, a discussion at school regarding
child. Professionals conducting interviews should have as much information as possible prior to
Simply having this information does not prejudice the interviewer. In fact, an argument can
be made that, armed with this information, the person conducting the interview is able to ask
questions in such a manner as to avoid making suggestions or improperly influencing the child.
The type of questions asked of child abuse victims is a critical aspect of the interview.
mation from the victim in a variety of ways. This may require that questions be posed in different
forms, and there are several types of questions that may be used in any interview of an abused
child. These questions range from open-ended to coercive.
From a legal perspective, the most acceptable form of questioning of an abused child is
the interview. 21
Depending
on the dynamics of the interview, the professional may attempt to gain infor-
using open-ended questions. An open-ended question does not suggest or imply an answer.
Examples of open-ended questions are “Did anything happen to you?” “Were you doing any-
thing?" and "Where was your daddy?”
After receiving certain information from the victim, the interviewer will need to obtain
more specific facts. Often focused questions are used when this need arises. A focused question
narrows the scope of inquiry and requires the witness to answer within certain parameters.
Examples of focused questions are (after establishing that the father entered the child's bedroom)
“When your daddy walked into the room, what did he do?" (after the child states that he was hurt
at a particular time) “On the morning you were hurt, where was your mother?" and (when the
child has indicated that the father touched her genitals) “Did your daddy say anything before he
touched you?”
A leading question is one that suggests the answer to the witness. It is a question that
includes the desired reply within it, or it may be a statement posed to the witness under the guise
of being a question. The rationale behind prohibiting leading questions is to remove the ability of
the interviewer to suggest answers to the victim. Examples of leading questions are “Your daddy
touched your private parts
, didn't he?” “Did your mother hit you every day when she drank?
and “Is it true that you saw your brother being hit by your mother?"
The final form of questioning involves the use of coercive questions. Coercive questions
promise rewards or threaten punishment for certain answers. Coercive questions should never be
used when interviewing children. They are normally employed in court with a hostile witness
An example of coercive questions is "Are you aware that telling a lie is considered perjury and
subjects you to criminal sanctions?"
Chapter 7 • Professionals and Their Response to Child Abuse
164
way,
but
one of the most
Once a professional interviews the child, the process has just begun. There will be
cal interviews is that conducted by the prosecuting attorney. This final prefiling interview
interviews and other persons who interact with the child along the
case. This interview is conducted in the same manner as other interviews, and its goal is to
determine whether the prosecutor believes there is sufficient evidence to go forward with
the prosecutor to determine the competency and credibility of the victim and how the padangos
be used when inte
As the previous discussion illustrates, different types of questions may
appropriate than a focused question. This will depend on the dynamics of the interview, them
viewing child abuse victims. No clear-cut rule exists as to when an
of the child, the trauma of the incident, and the experience of the interviewer. What is clearista
all interviewers must guard against influencing or suggesting certain answers or stories to be
child. They must be prepared to explain why they chose certain questions over others and wiha
or
and e
offers
into t
jury will react to the child's testimony.
open-ended
1.
2.
3.
question is man
their purpose or intent was when they used those questions.
Evidentiary Issues
Knowledge of the rules of evidence and what courts consider important will assist the protes.
certain legal and procedural aspects of questioning witnesses and using their responses should
HEARSAY. Hearsay is one of the simplest and most complex subjects in the area of evidence
Numerous textbooks, articles, and treatises have been written about it, dealing with the
be discussed.
nuances
Focus
p
le
Interviewing Children
"often acquiesce to what the adult says because
Excerpts from
(children] put so much trust in what adults think
People v. Michael Luis Grant
and what adults say." The child may then incorpo-
2012 WL 1437453 (Cal.App. 6 Dist. 2012)
rate that false or misleading information into the
Dr. Abbott testified that open-ended questions are child's memory of the events. Repeating the same
better for eliciting information from children. question to a child also raises an issue." Typical)
Research shows that "yes" or "no" questions tend when children are asked the same question more
to lead to more errors with respect to the informa- than once in an interview, there is a tendency to
tion that is provided because children tend to sim- them to interpret the repeat question as the
ply answer "yes" or "no" rather than providing
more detailed information. Moreover, to the extent
answer being wrong to the earlier question." Thus
the "yes" or "no" question contains false informa-
the information provided by the child to the repeal
tion, "it increases the probability of a child assent-
question may be inaccurate. False information mai
ing to false or misleading information that may be
also be provided by a child due to "negative ste
reotyping." If the interviewer or another person
related to the child provides negative information
ing questions coming from adults than from other on their recall of the event with false information
children. Even if the information conflicts with the consistent with the negative stereotype that
being presented about the suspect."
contained in the question." In addition, children
are generally more susceptible to coaching or lead-
child's recollection of the event, the child will
Chapter 7 . Professionals and Their Response to Child Abuse
23
her
ti
165
he
offered in court for the truth of the matter stated. This definition can be broken down further
and exceptions to the hearsay rule. Simply stated, hearsay is any out-of-court statement that is
into three distinct areas:
1. Any out-of-court statement
2. Offered in court
3. For the truth of the matter stated
or
e
e 을
Any out-of-court statement: These may be statements made by the victim or the suspect.
For example, the child may have told a nurse in a hospital emergency room, "My daddy
hurt me.” When the nurse attempts to repeat or testify to the statement in court, she is stat-
ing something that occurred outside the presence of the judge and jury. Thus, any state-
ment that is made outside the courtroom agrees with this element of the hearsay rule.
Offered in court: The second element of the hearsay rule requires that the out-of-court
statement be offered as testimony or evidence in a court proceeding. In the previous exam-
ple, if the nurse were to repeat the statement to a police officer who responded to the call
for assistance at the emergency room, simply telling the officer what the child said would
not be hearsay because the repeating of the statement did not occur in court.
For the truth of the matter stated: The statement when offered in court must be offered as
true. In other words, it is not offered for any other reason than to show that the child stated,
"My daddy hurt me? If it is offered for any other reason, the final element of the hearsay
rule has not been satisfied. This might be the situation in which the statement is offered to
show that the officer had probable cause to arrest the suspect and not to show that the child
was in fact molested or abused.
For a statement to be objectionable on hearsay grounds, all three of these elements must be
present. Courts have traditionally been reluctant to admit out-of-court statements because they
Tacked reliability, and many times offering such a statement in court denied the defendant the
opportunity to confront and cross-examine the person who made the statement. In addition,
because these statements were not made under oath, there was a judicial inclination not to accept
them as trustworthy.
Some commentators argue that the hearsay rule has been consumed by the number of excep-
tions written into statutes by legislatures. These exceptions allow certain types of out-of-court
statements to be admitted as truthful. The major exceptions to the hearsay rule that are of interest
to professionals dealing with family violence are the following:
1. Excited utterance
2. Admissions
3. Declarations against interest
4. State of mind
5. Statements made to medical professionals
6. Statements made by victims of abuse
Excited utterance: Excited utterances are also known as spontaneous declarations. An
excited utterance is a statement made whenever a person is excited or under stress as a
result of a traumatic event. Many of us have hit our hand with a hammer and without any
conscious effort uttered a curse word or two. These curse words were not planned or
thought out; they just happened as a result of the pain we suffered when the hammer struck
Chapter 7 . Professionals and Their Response to Child Abuse
166
Focus
ou
sta
ab
The Prosecution's Interview
ex
st
i. "How were you feeling?"
u
to
tl
A
a
I
The following are guidelines followed by prosecu-
tors when interviewing children who have been
sexually abused.
1. Be yourself.
2. Introduce yourself, tell the child your name,
and ask the child his name and whether he
has a nickname.
3. Demonstrate a genuine interest in the child
by inquiring about the child's interests, fam-
ily and friends, school, pets, and so on.
4. Find out whether the child knows why she is
there to see you. Explain who you are and
what you do in simple terms. Let her know
you have talked to other children who have
had similar things happened to them.
5. Find out from the child what he thinks
should happen to the suspect. Does the
child love or hate the suspect? The child's
feelings toward the suspect will enable you
to better assess the case.
6. Determine the child's capacity for under-
standing “telling the truth."
a. “Do you know the difference between
right and wrong?"
b. “Do you know what it is to tell a lie?"
C. "If I said it was Christmas today, would
that be a truth or a lie?"
d. "What happens when you lie?"
e. "Do you promise to tell me only things
that really happened?"
7. Use open-ended questions. Do not lead
e. "How/when did it start?"
f. "What happened next?"
g. "What did he/she touch you with?"
h. "Where did he/she touch you?"
j. "What did he/she say?"
k. "Who was the first person you told"
8. Do not use accusatory questions when inte
viewing the child.
a. "Why didn't you tell someone light
away?"
b. "Why did you let this go on?"
C. "You should have told Mommy. Tell me
why you didn't. Don't you trust her?"
9. Remember that children can be very literal
and think in concrete terms.
10. If you sense that the child is fearful, confront
her fears.
11. Remember that abused children are guilt rio-
den and feel that they are somehow respon
sible for what had happened to them.
Relieve the guilt of the child. Tell the child
that he did nothing wrong and won't get in
trouble for telling. Tell them that it is not
your job or their job to punish the defen
dant; that is the job of the judge.
12. Let the child draw pictures or play with dolls
(See the discussion of the use of anatomical
dolls later in this chapter.) Some children
find it easier to answer more difficult ques-
tions when it appears that they are occupied
with other things.
13. Show the child the courtroom. Introduce
him to the staff. Let him go up to the
witness stand and play with the micro
phone if he wishes. Make him comfortable
in this environment.
14. End the interview by thanking the child for
helping you understand what had hap-
pened. Do not mislead the child about the
the child. Never confront the child. Instead,
ask the child to explain her statement in
more detail. Let the interview flow on the
child's level.
a. "Can you tell me what happened?"
b. "Have you ever been touched in a way
that made you feel funny or uncomfort-
able?"
C. "What kind of touching was it?"
d. "Who touched you?"
judicial process.
Source: Based on Susan Etezadi, "Interviewing and Preparing the Child Witness for Court," Introduction to Sexta
Assault Prosecution (California District Attorneys Association, Sacramento, 1991).
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