Forensic and Clinical/Psychological Interviews in Child Sexual Abuse Cases Raquel E. Cohen, M.D.,...
-
Upload
daquan-veal -
Category
Documents
-
view
218 -
download
1
Transcript of Forensic and Clinical/Psychological Interviews in Child Sexual Abuse Cases Raquel E. Cohen, M.D.,...
Forensic and Clinical/Psychological Interviews in Child Sexual Abuse
Cases
Raquel E. Cohen, M.D., Director
Children’s & Special Needs Center
Office of the Dade County State Attorney
Miami, Florida
Forensic vs. Clinical/ Psychological Interviews in Child Sexual Abuse
Cases - Objectives To identify the characteristics of each type of
interview To differentiate and contrast each interview To appreciate the legal constraints of
obtaining data to support an alleged incident of child sexual abuse
Presentation Individual Roles:
– Child: Stages of development, gender, age, socio-cultural, handicaps
– Victim: Alleged sexual act– Witness: Credibility of child, competency of child,
hearsay statements Definitions: Forensic vs. Clinical interviews Differentiating Variables: Forensic vs. Clinical Forensic Interview Procedures
Rationale for Forensic Interviews
How do I elicit complete data using forensicinterviewing techniques that cannot bemanipulated or dismissed, and that validatethe facts reported by the child beyond areasonable doubt when the case ispresented to a jury?
CHILD ABUSE LEGISLATION(Definitions)
“ABUSED OR NEGLECTED CHILD” means a child whose physical or mental health or welfare is harmed, or threatened with harm, by the acts or omissions of the parent or other person responsible for the child’s welfare.
“CHILD” means any person under the age of 18 years
ContinuedContinued
CHILD ABUSE LEGISLATION(Definitions - Con’t.)
“CHILD ABUSE OR NEGLECT” means harm or threatened harm to a child’s physical or mental health welfare by the acts or omissions of the parent or other person responsible for the child’s welfare.
“PHYSICAL INJURY” means death, permanent or temporary disfigurement, or impairment of any bodily part.
“SEXUAL ABUSE OF A CHILD” means an action where an individual makes contact or puts something in a “PRIVATE” body part.
CURRENT LAW AND PRACTICE
Florida Statute 827.07 requires mandatory reporting of all cases of child abuse. This statute applies to suspected or confirmed reports against any person, regardless of occupation, who is alleged to be involved or any person who is alleged to have committed any act of child abuse. School personnel are not exempted from mandatory reporting of child abuse even when a fellow employee is suspected or confirmed as the abuser.
RELATIONSHIP BETWEEN INFANTILE AND INVESTIGATIVE/ASSESSMENT FOCUS
CHILD - Characteristics according to age and sex* Developmental phases* Psycho-dynamic issues* Diagnosis and treatment
VICTIM - Role behavior response to traumatic event* Protective planning by agency* Trauma syndrome* Consequences / Sequelae
WITNESS - Role responsibility (credibility; veracity) to providespecific data to support evidence of the event.
Knowledge of truth and lie. * Criminal charging planning - ASA
CHILD SEXUAL ABUSE
Expert opinion that an event has occurred is based on the following conclusions:
Logical Consistent Explainable Objective Defensible
FORENSIC CLINICAL
Reporting Referral
Investigation
Data Collection Assessment
Decision of Police Diagnosis
and Assistant State Treatment Attorneys Psycho-
Social
Issue
Arrest No Arrest
PATHWAY OF REFERRALS/SERVICES FOR A CHILD-VICTIM FORENSIC AND
CLINICAL SYSTEMS
INTERVIEW CATEGORIES IN CHILD ABUSE Category Staff Objective Guideline Method
Assessment Police DCF
Ascertain probabilityof abuse
Child at risk
Police & DCFinvestigation
Investigate (1 or 2 Meetings)
Forensic ForensicSpecialist
Risk to child ?Event ?Perpetrator
Rules of evidence Truth & lie Competence
Investigate (1 meeting)
Dependency Psychologist CPT Staff
Planning for child safetyand welfare
Psycho-social theory Family and child assessment (severalmeetings)
Therapy Therapist Trauma healing Psychodynamic Family and child therapy (manymeetings)
Prosecution State Attorney File case Trial
Legal Deposition Preparing for trial (several meetings)
Investigation of Child Sexual Abuse
Investigation of an alleged child (under 12) sexualabuse report is supported by legislation, budget,procedures, trained man power, organized socialstructures and the judicial system.
LEGAL OBJECTIVES OF CHILD ABUSE INVESTIGATION
Has to establish credibility - elicit the questions that produces data that is plausible and reliable
Has to establish trustworthiness - the data obtained has to reliable, consistent, logical and realistic
Establishes the competency of the child’s description of the event shows the child can deal with memory and description of an event involving the touching of their body in in a way that it can be defined as child abuse.
COMPETENCY The minimum standards of creditability that
allow a reasonable person to put credence in a witness’ testimony.
MRE 601- “Every person is competent to be a witness except as otherwise provided in these rules.”
THE TEST OF A CHILD’S COMPETENCY
Derives from the supreme court decision in Wheeler V. U.S., 159 U.S. 523 (1895) in which the question of a child’s competency was found to: Depend on the capacity and intelligence of the child His/Her appreciation of the difference between truth
and falsehood His/Her duty to tell the truth
Assessment of Child’s Credibility
Accuracy of children’s memory
SuggestibilityObjectivity
What are the motives of the individuals?Character of the witness
Adolescent behavior
SincerityContinuedContinued
Assessment of Child’s Credibility
Consistency of testimony-
Children are inconsistent related to age
Corroboration-
Physical evidence
Testimony of other witness
HEARSAY STATEMENTS OF A CHILD VICTIM
In State v. Townsend 635 So. 2d 949 (Fla. 1994) the Supreme Court of Florida stated that for hearsay statements to be admitted under this section, the statement must meet two specific reliability requirements:
1) The source of the information through which the statement was reported must indicate trustworthiness; and
2) The time, content, and circumstances of the statement must reflect that the statement provides sufficient safeguards of reliability.
ContinuedContinued
HEARSAY STATEMENTS OF A CHILD VICTIM
In determining the trustworthiness and
reliability of a hearsay statement the court
must look to the time, content, and
circumstances of the statement.
in addition to considering the criteria
set forth in the statute.
HEARSAY STATEMENTS OF A CHILD VICTIM
The law (90.803(23), F.S.) provides that: Unless the source of information or the method of circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 11 or less describing any act of child abuse or neglect, sexual abuse, or any other offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:
ContinuedContinued
HEARSAY STATEMENTS OF A CHILD VICTIM
1) The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provides sufficient safeguards of reliability. In making its determination, the court may consider the mental and physical age and maturity of the child, the nature and duration of the abuse or offense, the reliability of the assertion, the reliability of the child victim, and any other factor deemed appropriate;
2) the child [testifies]
HEARSAY STATEMENTS OF A CHILD VICTIM
List of Criteria The statement’s spontaneity Whether the statement was made at the first available
opportunity following the alleged incident. Whether the statement was elicited in response to questions
from adults. The mental state of the child when the abuse was reported.
ContinuedContinued
HEARSAY STATEMENTS OF A CHILD VICTIM
Whether the child used terminology unexpected of a child similar age.
The motive or lack thereof to fabricate the statement.
The ability of the child to distinguish between reality and fantasy.
The vagueness of the accusations.
The possibility of any improper influence on the child by the participants involved in a domestic dispute.
Contradiction in the accusation.
FORENSIC vs. CLINICAL INTERVIEWING OF ALLEGED SEXUALLY ABUSED
CHILDREN
DEFINITION:
Forensic- Is defined as an interview between a forensic interviewer and a child for the sole purpose of eliciting non-contaminated data supporting or not the alleged event, who is the perpetrator of the abuse, the place and the time.
FORENSIC vs. CLINICAL INTERVIEWING OF ALLEGED SEXUALLY ABUSED CHILDREN
DEFINITION:
Clinical - is defined as an interview between a trained clinician and a child for a variety of purposes including diagnosing developmental, cognitive and/or emotional disorders. One of the purposes can include assessing the possibility that the child has been sexually abused. There are a variety of techniques that are used to elicit clinical data.
THERAPEUTIC AND FORENSIC INTERVIEWING: HOW THEY DIFFER
THERAPEUTIC
Assumes the child is telling the truth
The interviewer is an advocate
Subjective reality is accepted
by David C. Raskin, Ph.D., and Phillip W. Esplin, by David C. Raskin, Ph.D., and Phillip W. Esplin, 19911991
continuedcontinued
FORENSIC
Fact-finding procedure
The interviewer is neutral
Alternative explanations are explored
THERAPEUTIC AND FORENSIC INTERVIEWING: HOW THEY DIFFER
THERAPEUTIC
The general idea of abuse is enough
The way information is obtained is not very important
by David C. Riskin, Ph.D., and Phillip W. Esplin, by David C. Riskin, Ph.D., and Phillip W. Esplin, 19911991
FORENSIC
Details are imperative
The way information is obtained is strictly governed
FORENSIC ASSESSMENT VS. CHILD PSYCHIATRY ASSESSMENT INTERVIEW: SIMILARITIES AND
DIFFERENCES
CHILD PSYCHIATRYASSESSMENT
FORENSIC ASSESSMENT
PRINCIPLESBased on theoreticalconcepts and guidelinesConfidential
Based on evidential legal guidelines
Not ConfidentialOBJECTIVES Diagnosis/Treatment Elicit uncontaminated information of
event
METHODS Non-DirectiveNon-StructuredElicit Subjective Data
DirectiveStructuredElicit Objective Data
TECHNIQUES Verbal InteractionUse of Play/Toys
Verbal InteractionUse of Anatomical Dolls
CONTENT Subjective/EmotionalFantasy/Conflicts
Memory of event, place, timePerpetrator’s BehaviorVictim’s Behavior
Content Objective Techniques
Introduction to the sessionand yourself
Test for Truth/Lie
To explain the reason forthe meeting
Give it a category todifferentiate it
According to Age
Simple language Describe what will
happen and how you willact
Data Acquisition: Child,Parents, Siblings, Home
Establish rapport Get details of home
Engage the child Repeat some words
Introduce the possibility ofsomething hurting orupsetting the child in thepast
Establish the base of theevent and the setting whereit happened
Stimulating the memory ofthe child
Open ended approach Go slow, wait, gently
prod the child Express concern and
interest Do you remember?
Obtain specific data of theevent (where, who, when);if necessary, use the dolls
Clarify the evidence Supporting evidence based
on child's testimony
Questions becomedirected and guidedbased on what the childhas expressed
Guidelines for Interviews
SYSTEMATIC DECISION PATHWAY FOR CHILD’S CREDIBILITY
Child Alleges Sexual Abuse:
1) Unreliable Account Further Investigation
2) Misinterpretation of Incident Clarify Event
3) Child is Deluded Diagnosis for Mental Symptom
4) Child is Confabulating (Alone/Prompted) Investigate Parent Conflict
5) Child is Truthful and Credible
Document the following:• External Consistency• Internal Consistency• Internal Details• Appropriate affect while remembering event• Rule-out effect of suggestibility• Check out the child’s reaction to challenge in regard to confabulation,
fabrication, external influences
FOUR DIMENSIONS HAVE EVOLVED THAT ARE USED IN QUALIFYING
Present an understanding of the difference between truth and falsity and an appreciation of the obligation or responsibility to speak the truth
Mental capacity at the time of the occurrence in question, to observe or receive accurate impressions of the occurrence
Memory sufficient to retain an independent recollection of the observations, and capacity truly to communicate or translate into words the memory of such observation and the capacity to understand simple questions about the occurrence.
TYPES OF QUESTIONS TO AVOID IN FORENSIC INTERVIEWS
1) Leading Question- A question that suggest it’s own answer or is calculated to obtain a particular response.A) Yes/No Questions- Ask for affirmative or negative response.
2) Suggestive Question- Methods or material that, directly or indirectly, are said to influence or imply something to a child.B) Verbal- Refers to statements implying that something occurred or particular persons were involved, or statements appearing to ask for confirmation of something.
ContinuedContinued
TYPES OF QUESTIONS TO AVOID IN FORENSIC INTERVIEWS
B) Suggestive Coercion- Term applied to techniques, statements or actions that may prompt, coerce or bribe a child to address a particular topic or make a particular statement.
3) Reinforcement Questions- Any type of behavior that encourages disclosure showing emotional support or approval of child’s statements; empathetic body gestures, assuring children that they are not at fault.
Continued
TYPES OF QUESTIONS TO AVOID IN FORENSIC INTERVIEWS
4) Contamination Questions- Term that refers to the introduction in an interview of information, ideas, or details about a case by someone other than the child being interviewed.
EXAMPLE: Interviewer tells child something that a mother, or witness has said or refers to some form of evidence that has not previously been volunteered by the child.
Frequent sources of “potential contamination”:
A) Information transfer between parents, therapist
B) Joint interviews
C) Social contact among victims
D) Media contamination
E) Therapeutic interventions