Child sexual abuse is a complex problem that is difficult to investigate because unlike cases of physical abuse or neglect, it is typically not determined from a medical examination or through the interviewing of eyewitnesses. The interview with the child complainant is a critical component in any criminal or child protection sexual abuse investigation. The investigator must be skilled at interviewing techniques that maximize details without leading the child. Investigative interviewing protocols (also termed frameworks) guide the interviewer through the steps and stages of the interview process and are designed to obtain detailed statements from children while minimizing suggestibility. Interviewers must have knowledge in the area of child development, especially with respect to memory and language, and an understanding of the dynamics involved in sexual abuse.
Historical Context
The focus on child sexual abuse awareness in the 1980s resulted in a significant increase in the number of disclosures investigated by child protection and police authorities. As these cases moved through the child protection and criminal justice systems, the debate flourished with respect to the reliability of children to report sexual abuse and whether or not they were highly suggestible. In the late 1980s there were several high-profile sexual abuse prosecutions involving preschool-age children that highlighted the problems that result from interviewer bias, suggestive interviewing techniques, and the use of interview aids such as anatomically correct dolls. The notion that children do not lie about being sexually abused was challenged, raising questions about the reliability of children’s memory and conditions that could influence children to make a false statement. Research studies revealed that children are highly suggestible if they are young and subjected to repeated coercive questioning by adults. This led to the development of interview protocols that addressed concerns related not only to children’s suggestibility, but also to their memory and language skills. It is now understood that children can remember as accurately as adults, but they typically recall fewer details. The goal of an investigative interview is to obtain as much factual information as possible given the child’s age, stage of development, and functioning.
Interview Context
Child sexual abuse is a criminal act that is seldom witnessed by others. Children often find it difficult to disclose sexual abuse for a number of reasons, including the shame they feel, the belief they are to blame, the fear of rejection from others, the need to protect the abuser or other family members, and the difficulty they have describing the abuse, as well as because they have been warned not to tell. These issues can impact the timing of the disclosure and the quality of the details. For example, it is not uncommon for a child to disclose fewer details at the outset of an investigation than during subsequent interviews, during therapy, or at a trial. Conversely, recantation can be influenced by postdisclosure factors such as the reactions of family members, the abuser, and child protection systems.
Child sexual abuse investigations are done for two purposes: to determine if a crime has occurred and if a child is in need of protection. Joint police and child protection investigations are the preferred practice and typically conducted by a child protection worker and police officer. In some jurisdictions, Child Advocacy Center forensic interviewers conduct the investigative interview.
Investigative Interviewing Protocols
Investigative interview protocols are designed to address suggestibility. Prior to the interview being conducted, investigators should have considered all the possible reasons for why the report has been made (alternative hypotheses) and gathered as much background information as possible to inform the interview. It is common practice to videotape child interviews, thereby allowing for an evaluation of the interviewer’s skills as well as the details provided by the child.
Number of Interviews, Physical Setting, and Support Persons
Concerns about suggestibility from repeated questioning have led investigators to limit the number of interviews conducted with a child, often to a single interview. A primary interviewer is determined prior to the commencement of the interview to avoid having the child respond to two interviewers. The physical setting of the interview is also considered important, with many jurisdictions having designated interview rooms that are equipped with video cameras and free of distractions such as toys or electronics that might make it hard to focus the child on the interview. The preferred practice is to interview the child without a support person present. If a support person is necessary, that person should be situated behind the child and in the full view of the video camera.
Steps in the Investigative Interview Process
Introductions and initial rapport building set the stage for the interview and orient the child to the interviewer’s job. Typically a “truth and lies ceremony” comes next, as courts in some jurisdictions require that the child demonstrates an understanding of the difference between a truth and a lie. This is followed by ground rules that help explain the child’s right to say “I don’t know,” “I don’t remember,” or “I don’t understand” and encourage the child to correct the interviewer as necessary. Further rapport building occurs through asking the child to recall an event in his or her life and include as much detail as possible about that event. This exercise is an important element of an interview because it helps the interviewers to know the quantity and quality of details a child can give about a nontraumatic event. It also gives the child practice in answering open-ended questions (questions that don’t include the answer) and helps the interviewer better understand the child’s language and cognitive abilities. The interviewer should have determined in advance how to introduce the topic of the abuse allegation in the least suggestive manner as possible. In the event the child discloses abuse, the interviewer encourages the child to provide as much detail as possible about the abuse by asking open-ended questions and allowing for a free narrative. Once the child has given as many details as possible, questioning and clarification of the information provided can be more focused. The most reliable information comes from the child’s free narrative (where the child talks uninterrupted) and answers to nonleading questions (questions that do not suggest answers). The closure of the interview is designed to answer any questions the child may have about what will happen and to end on a neutral topic.
Bibliography:
- American Professional Society on the Abuse of Children. (1997). Guidelines for psychosocial evaluation of suspected sexual abuse in children (2nd ed.). Available at https://www.apsac.org/
- American Professional Society on the Abuse of Children. (2002). Guidelines on investigative interviewing in cases of alleged child abuse. Available at https://www.apsac.org/
- Ceci, S., & Bruck, M. (1999). Jeopardy in the courtroom. Washington, DC: American Psychological Association.
- Pool, D., & Lamb, M. (1998). Investigative interviews of children. Washington, DC: American Psychological Association.
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