Investigating Allegations of Sexual Misconduct

National Certified Investigator & Inspector Training

Council on Licensure, Enforcement and Regulation

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Say “Welcome to the Investigating Allegations of Sexual Misconduct workshop provided by CLEAR.”

Session Introduction

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Explain that we will first review the session learning objectives and session structure.

READ The information presented in this session is generic and intended to be informational only. It is not legal advice, guidance or direction and is not to be construed as countermanding any existing law, rule or regulation under any circumstance. CLEAR-NCIT strongly recommends that all questions concerning the applicability of this material be resolved with your designated legal counsel before exercising any official authority.”

Learning Objectives

Upon completion of the session, you will be able to:

Understand why cases involving sexual misconduct require special attention

Demonstrate sensitivity to the special needs of an investigation involving sexual misconduct

Identify the resources necessary to assist you during your investigations of alleged sexual misconduct

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Read the learning objectives on the screen.

Ask if there are any questions.

Session Map

Investigating Allegations of Sexual MisconductDefining Sexual MisconductDefining Sexual Misconduct

Interviewing Complainants & Witnesses Interviewing Complainants & Witnesses

Interviewing Person(s) of InterestInterviewing Person(s) of Interest

Types of EvidenceTypes of Evidence

Case StudiesCase Studies

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Explain that there are 5 components to investigating allegations of sexual misconduct that will be discussed today.

1. Defining Sexual Misconduct2. Interviewing Complainants & Witnesses3. Interviewing Person(s) of Interest4. Types of Evidence5. Case Studies

Ask if there are any questions.

Defining Sexual Misconduct

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Explain that the first section deals with defining sexual misconduct and the differences between misconduct, assault, and harrassment.

Explain any additional information

Definitions of Sexual Misconduct

A broad term encompassing certain unwelcome behaviors of a sexual nature that are committed without

consent, or by force, intimidation, coercion, or manipulation.

Sexual misconduct can be committed by any person of either gender, and it can occur between people of the

same or either gender.

Definitions of Sexual Harassment

Sexual harassment can be defined as unwelcome sexual advances, requests for sexual favors, or other written, verbal, or physical contact or actions of

a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, or participation in a University activity;

Submission to, or rejection of, such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual’s employment, education, or participation in a University activity; or

Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance or creating an intimidating, offensive, or hostile environment for that individual’s employment, education, or participation in a University activity.

NOTE: The animation on this slide allows you to display the conditions outlined, one at a time. With each mouse click a condition will appear, and when applicable the one before it will disappear.

Group Participation

What might be some examples of sexual misconduct?

Harassment Might Be Determined By:

Type of conduct

Frequency

Context

Location

Duration

Sexual Misconduct Includes

Unwelcome touching of certain parts or areas of a person’s body

Unwelcome verbal advances, including suggestive comments, requests and “jokes”

Abuse of imbalance of power in position or relationships Teacher/student, doctor/patient, manager/employee

Participating in inappropriate relationships Colleagues, patients, clients, vendors, partners Whether consent exists or not due to:

Relationships Position of control or authority Other material conditions, i.e., age

Unwelcome touching:• Adjusting someone’s hair or clothing• Brushing against them• Pinching, squeezing, tickling, fondling• Massages

Verbal Advances:• Come ons• Pet Names• Suggestive Comments• Inappropriate Jokes• Comments on personal appearance • Suggestions on personal appearance

Abuse of Power Positions• Underscore that consent can not be given in the case where an imbalance of

power exists in a relationship. For example, a patient in a hospital is reliant on their caregivers, and therefore may be reluctant to speak out against abuses.

• It is important to note that there might be a greater fear among these types of complainants to report such allegations since they may feel that they are “prisoners” of their environment. For example, they know they have to continue to live in the nursing home/

Inappropriate relationshipsJust because consent is given, and none of the other conditions mentioned here are met, a relationship can still fall under sexual misconduct, when the parties in the relationship break ethical codes of conduct to be together. This is similar to

the abuse of power in relationships, however, even if power is not an issue, the relationship can still be unethical.

Romantic Relationships in the Workplace

Are all parties involved on an equal level? If not, there might be a consent issue

Do all parties maintain professionalism in the workplace?

Does the employer define by policy what constitutes “work activities”, “sexual misconduct”, and “prohibited actions or contacts”?

Can sexual misconduct between parties occur outside the defined work place?

In the case of a couple, who work together, and no power vacuum or inequality exists, there is still the potential for misconduct, or harassment. This can occur when the parties are unprofessional and bring their relationship to work, putting others ill at ease. Public displays of affection can cause others to feel threatened, or uncomfortable.

Types of Sexual Misconduct

Anesthetized patient

Use of drugs or hypnosis to diminish resistance

Unnecessary exams of breasts and/or genitals

Improper examinations

Surreptitious or prolonged touching during hug or other physical encounter

Note: Criminal acts should require immediate referral to law enforcement and a stop to all administrative inquiry actions Forcible sexual assault Sex with a minor

Types of Sexual Misconduct

Watching while undressing; voyeurism

Sexual comments

Pressure for dates

Romantic relationship within the professional context

Genital exams without gloves

Criticizing patient’s sexual orientation

Trends in Health Profession Sexual Misconduct Regulation

Minimum of 15 states have criminalized misconduct during delivery of health care

Consent has been eliminated as a defense

Licensees are 100% responsible for maintaining and not crossing boundaries

Statutes of limitation are under scrutiny

Trends in Health Profession Sexual Misconduct Regulation

Admissibility of hearsay is being defined

Most jurisdictions have formalized complainant/witness support structures Verify with your jurisdiction whether any of these services are available in

administrative and regulatory cases

Report Statistics

Approximately 40% of sexual assault cases are reported

Of those: Approximately 50% of claims lead to

prosecution Approximately 2 – 8% are determined

to be false

– Men Against Abuse Now– RAINN

– Polaris Project

0

100

200

300

400

500

600

700

Reported toPolice

Lead to Arrest Referred toProsecutors

Lead to aFelony

Conviction

Lead toIncarceration

Statistics per 1000 Reported Cases

Sexual Assaults Robberies Assault and Battery Crimes

Taken from the Men Against Abuse Now website. Statistics come from RAINN.

While false reports do happen, and they are very problematic when they do, people claim that allegations are false far more frequently than they are, and far more frequently than for other crimes. Complainants know that their every behavior will be scrutinized, and most likely not believed when they come forward.

https://www.rainn.org/statistics/criminal-justice-system

Unfounded Cases

Definition of unfounded Evidence shows complaint is unfounded on behalf of the respondent Other reasons?

Reasons for false complaints Revenge, jealousy, fear of pregnancy, embarrassment, attention, etc.

Even though they are rare, we still need to know how to handle cases of false reports. As an investigator you must be aware of possible motivations for false reports, not only to find out if that has happened, but to eliminate that being used as a defense if the misconduct has been proven.

As we have shown on the previous two slides, false reports of sexual misconduct happen no where near as frequently as some would like you to believe. Knowing that, you must be prepared for someone to try and use that in their defense. By being aware, and investigating that possibility, you can help prevent the complainant from being re-complainantized by the investigative, and hearing processes.

Interviewing Complainants & Witnesses

Interview Considerations

Develop rapport

Give them opportunities to speak

Gender considerations of investigator

Give complainant a say in who is present

Quiet setting with no distractions

Let the complainant know up front what to expect NO SURPRISES!!!

Continuously develop rapport

Considerations

Always be conscious of your body language

Be familiar with local laws

Allow complainant to have as much opportunity to speak as possible

Do not engage in turf wars with other agencies

When conducting an investigation for a regulatory agency, it will be extremely rare that you are involved at the moment an assault occurs, or even directly after. However, if by chance you are involved so soon, make sure any medical needs are taken care of before you begin to interview, or involve the complainant in the investigation.

Your body language can transmit a message you don’t realize. Make sure all verbal, and non verbal communication is sincere, understanding, and non-threatening.

Many jurisdictions have enacted legislation protecting the rights of complainants during investigations and prosecutions of the crimes committed against them. Even though you are not an agent of the state, it is best to make sure you stay within the guidelines laid out by legislation. These guidelines will not only protect the complainant from further recomplainantization, but will also protect you as the investigator, and your investigation’s integrity.

Allowing the complainant to control as much of the interview process as possible will help them to feel less complainantized by the investigation. They have already suffered a trauma, you must ensure you don’t add to that trauma. Allowing them to pick time and place of the interview, allowing them to set the tone of the interview, and making sure they know who you are and what your goal is, will help them to handle the situation. Another way to provide the complainant with a sense of control is to prepare them for everything they will deal with throughout the course of the investigation, and to do so again at the hearing phase. Let the complainant know what to expect, who will be there, when it will happen, about how long it might take, what the purpose is, etc.

In the event of an assault, or criminal charges relating to sexual misconduct you can bet that there will be multiple agencies involved, and most will have more claim to jurisdiction than a regulatory body. DO NOT ENGAGE IN TURF WARS WITH OTHER AGENCIES. This can not be stressed enough. All agencies must work together to protect the complainant, and determine what actually happened.

Forensic Experiential Trauma Interview

(FETI)

Russell W Strand United States Army Military Police School

In this section we will provide a high-level overview of the FETI technique. Please note, this is not to be considered an in-depth training on how to conduct FETIs but more a way to introduce the concept and a way for attendees to find out what they need to learn more about.

Retrieved from the Minnesota Coalition Against Sexual Assault at http://www.mncasa.org/assets/PDFs/FETI%20-%20Public%20Description.pdf

Acknowledge Trauma and/or Pain

Demonstrate genuine concern, empathy, patience, and understanding

Provide sense of psychological and physical safety

Take responsibility to build trust

Goal is to be invited into the “trauma bubble” Where much of the most important psychophysiological evidence may reside

Acknowledge the complainant’s trauma and/or pain. This will assist you, the listener, to demonstrate genuine concern and empathy towards the interviewee in an attempt to provide a sense of psychological and physical safety during the interview process. It may be difficult to establish trust with someone whose trust may have been horribly violated by another human being they may have trusted. Every effort should be made by you to demonstrate genuine empathy, patience, and understanding towards the person with whom you are facilitating a disclosure of their experience. You may need to spend additional time establishing sincere empathy and caring concern to be invited into their traumatic and/or painful experience, which we call the trauma bubble. One of the greatest needs of anyone who has experienced or is experiencing high stress and/or trauma is the need to be safe; trust is central to that need. The interviewer must take responsibility to build trust in the most effective and appropriate way. Once trust is established, the interviewer may be invited into what can be termed as “the trauma bubble”. The trauma bubble is where much of the most important psychophysiological evidence may reside. It is vitally important for the interviewer to demonstrate patience, understanding, and empathy in a non-judgmental manner throughout the interview process.

Ask “What are you able to remember about your experience?”

Two key words: ABLE and EXPERIENCE

The word ABLE removes some pressures to remember everything

The word EXPERIENCE allows the complainant to focus on their memories, rather than what they think might be important

Use open ended questions to prompt the memory in a more natural way

Employ active listening techniques

DO NOT tell the complainant to start at the beginning

Ask the complainant/witness what they are able to remember about their experience. Two key words in this question are “able” and “experience”. Not all complainants are able to recall all significant information about something that happened to them initially or even after a period of time. Using the word “able” has been proven to relieve some pressures on the trauma complainant thereby increasing the information they are able to provide. Using the term “experience” encourages the complainantto describe their actual experience relieving the pressure on the interviewee to try to figure out what is important to the interviewee in the context of a criminal investigation. As the complainant/witness describes their experience, the interviewer can better understand what happened as they are provided a recounting of the events that are generally extremely rich in details. Following the initial open-ended prompt, employ active listening techniques allowing the interviewee to free-flow their description of what they remember about their experience. The interviewer will enhance this description by adding additional open-ended prompts such as “tell me more about that” or “tell me more about ____”. This technique will allow the interviewee to provide even more significant information about their experience by prompting their memory in a more natural way. Open-ended prompts should include the interviewee’s emotional and physical experiences, before, during, and after the reported incident. Do not tell the interviewee to start at the beginning. This technique often inhibits trauma memory recall. Providing an opportunity for the complainant to

communicate his/her experience in the manner in which he/she recalls what happened is much more effective than initially requiring the complainant to provide a chronological narrative. A sequential narrative may come to the complainant later.

Ask About Tactile Memories

Sights, sounds, smells, feelings before, during, and after the event

One of the most important aspects of the FETI process

Tactile and sensory details have a significant effect on memory Can block memories and negatively impact ability to relay information later Can also allow complainants to relate to the experience to produce more

information when handled correctly

Sensory information also helps fact-finders and adjudicators relate to the experience of the complainant

Different senses trigger different levels of response in different people

Ask about tactile memories such as sounds, sights, smells, and feelings before, during, and after the incident. This is one of the most important aspects of the FETI process and a central theme. Because the primitive portion of the brain is optimized to collect, store, and recount this information far more efficiently than peripheral information or details, this is crucial evidence to collect as well. It is also believed that tactile and sensory details may block some memories and negatively impact on the complainant’s ability to disclose additional information. Asking about sensory information has been shown to increase the complainant’s ability to relate to the experience in a way that produces significantly more information. Sensory information also assists fact-finders and juries to better relate to the experience of the complainant as well. Asking about sights, sounds, smells, feelings (physical and emotional), body sensations, and tastes throughout the interview about specific memories related by the interview is extremely beneficial for the interviewer. This will assist you to better understand the experience and assist the interviewee in remembering and relating essential memories including central details (those details most important to the interviewee) and peripheral details (those details judged not important to the interviewee). For example, during the interview of an experienced police officer who witnessed a woman shooting herself in the head (specifically – “blew her brains out” as related by the officer) following an attempt to talk her out of shooting herself, this officer provided details of the events surrounding this experience. Following open-ended questions about this officer’s experience, the officer concluded he recounted all the

details he could recall. This officer was then asked what, if anything he was able to remember about what it smelled like after the woman “blew her brains out”. This officer appeared to reel back in his chair, his nose started to twitch and he appeared to become emotional following this question. The officer then recounted in a very animated manner that he smelled “honeysuckle”. Following his disclosure about the honeysuckle, this officer became even more animated and disclosed, and demonstrated, that this woman’s hand was shaking and she was breathing deeply after she shot herself. This officer then added that her blood flowed from her open head “like motor oil”. This officer had not remembered these specific details during previous traditional interviews and was surprised by the amount of detail he was able to recall following the sensory cue provided by the FETI interviewer. This is but one example of many in which complainants and witnesses of trauma can be assisted to recall specific sensory memories, which often assist them in remembering not only explicit memories, but implicit memories as well. Sensory information is often at the core of central details for most individuals. Therefore, asking specific questions about the various senses throughout the FETI process greatly enhances the likelihood of obtaining accurate experiential information increasing the ability of the interviewee to recall essential central details of the experience. Some individuals will recall certain senses better than others, so it is important to ask about all senses separately while obtaining specific memories during specific aspects of the experience before, during, and after the traumatic event.

Ask About Physical and Emotional Affects

The human body reacts to fear stimulus in significant ways

Identifying and documenting these reactions to the experience help interviewers understand the context of the experience and provide significant psychophysiological evidence

Emotional Reactions to Stress/TraumaEmotional Reactions to Stress/Trauma• fear• shock• anger• rage• sadness

Physical Reactions to Stress/Trauma Physical Reactions to Stress/Trauma • shortness of breath• increased heart rate• dilated pupils• muscle rigidity and/or pain• lightheadedness

Ask the interviewee how this experience affected them physically and emotionally. This is extremely important to understand because the effects of the assault will increase the interviewer’s understanding the context of the experience, as well as provide evidence and insights about the trauma in ways that will further an in-depth conception of the impact of the assault on the complainant. How the complainant felt before, during, and after the event under investigation is fundamentally important for the interviewer to understand and collect. During fear-producing and traumatic events the sympathetic and parasympathetic systems of the human body react to the fear stimulus in significant ways. The complainant/witness may experience the emotional feelings of fear, shock, anger, rage, sadness, etc. The complainant/witness may also experience physiological reactions to the trauma including the emotional feelings combined with the physical manifestations of stress, crisis, and trauma such as shortness of breath, increased heart rate, dilated pupils, muscle rigidity and/or pain, light-headedness and/or headache, tonic immobility, dissociation, etc. Identifying and properly documenting these reactions to their experience are essential pieces of information that can greatly assist the interviewer in understanding the context of the experience and provide significant forensic psychophysiological evidence.

Ask About Most Difficult Part of the Experience

People may intentionally or unintentionally repress information that is difficult for them to handle

Sensitive inquiry about the most difficult part of their experience can produce information

Most difficult part often contains the central details to the complaint

Ask the complainant/witness what the most difficult part of the experience was for them. Trauma complainants/witnesses will often intentionally or unintentionally repress extremely difficult to handle information about their experiences. A sensitive inquiry about the most difficult part of their experience may provide significant evidence of the trauma experience and/or crime and will in many cases increase understanding of the totality of circumstances in reference to the complainant/witness experience. Additionally, the most difficult part of the interviewee’s experience is more often than not the “key” central detail that may have not only framed the manner in which the trauma was experienced and remembered, but may also be a fundamentally important aspect for investigators to better understand the context of that experience and subsequent reactions/behaviors of the interviewee following that experience.

Ask “What can’t you forget?”

Helps to understand critical details and the interviewee’s perception and response to the event

Can “unlock” memories about an event the interviewee has buried due to trauma

Can start the flow of information by getting one piece of information out

The interviewer should inquire what, if anything, the interviewee cannot forget about their experience. This question may assist the interviewer and interviewee to better understand another critical “central detail” and a better understanding of the interviewee’s perception and response to the trauma. This question also may obtain additional psychophysiological evidence. For example, a complainant of a robbery in which the complainant was brutally beaten by two assailants with hammers, was initially interviewed by a responding police officer utilizing traditional “who, what, where, why, when, and how” police questions in an attempt to obtain a chronological narrative immediately following the event. This particular complainant became increasingly frustrated during the interview because he could not remember and did not know the answers to the majority of the questions the police officer was asking the robbery complainant. Questions such as “what time did the incident occur”, “how many times did they hit you”, “how long did they hit you”, “what did they look like”, “how tall were they”, “what were they wearing”, “why didn’t you let them take your watch” (the complainant continued to hold his arm on which he was wearing the watch during the attack – possible tonic immobility). As these questions, and many others, were being asked, the complainant continued to become more frustrated and agitated because he felt he should know the answers simply because the police officer was asking them. This line of questioning was potentially increasing the complainant’s stress level, increasing stress hormones, decreasing the ability of the complainant to answer the questions, and potentially

increasing the possibility that the complainant, with a desire to assist the officer, would provide inaccurate information. During a subsequent FETI interview of this same complainant, the complainant was initially unable to provide any additional experiential information. This complainant was then asked, “What, if anything, can’t you forget about your experience?” Following this question, the interviewee began to hit his head stating, “The hammers hitting my skull, the hammers hitting my skull, I can’t get that sound out of my mind, I can’t sleep well, I can’t concentrate, the hammers hitting my skull.” After this disclosure, this complainant was able to remember significant details about the robbery including other sensory information, what happened before, during, and after the robbery, and other significant information about this experience.

Ask Clarifying Questions After

The time for the “who, what, where, when, and how” questions is after facilitation and collections of FETI evidence Until now, focus was on the primitive portion of the brain Time to switch to the cognitive portion

Ask questions in a sincerely sensitive and empathetic manner

The interviewer should clarify other information and details (e.g., who, what, where, when, and how) after facilitation and collection of the forensic psychophysiological experiential evidence. Although the primitive portions of the brain collect, store, and recall information pertaining to the experience, the cognitive brain may have collected or is able to retrieve from other portions of the brain information pertaining to the who, what, where, when, and how types of information. Interviewers should be careful about asking specific questions pertaining to length of time and elements of distance due to the fact that fear and trauma often distorts time and distance. The interviewer should explore the additional central/peripheral information and who, what, where, when, and how type of information in a sensitive and empathetic manner taking great care not to inhibit or change already fragile testimonial trauma evidence. The FETI interview techniques are specifically designed to provide an opportunity for the interviewer to obtain significantly more psychophysiological evidence than traditional interview techniques. Psychophysiological evidence is defined as “evidence which tends to prove or disprove the matter under investigation based on psychological and physical reactions to the criminal conduct the person experienced or witnessed. Examples would include, but are not limited to: nausea, flashbacks, muscle rigidity, trembling, terror, memory gaps, etc.” In addition, these techniques provide the complainant a better avenue for disclosure, reducing the potential for defensive feelings and uncooperative behavior, which can limit the information/evidence provided to an interviewer. Memory encoding during a traumatic event is

diminished and sometimes inaccurate. Due to bottom-up attention processes focused only on central details perceived as essential to survival and self-defense, many aspects of the event, including those deemed by investigators as essential facts of the crime, may not be encoded strongly or at all. But the assault’s psychophysiological impact is registered with much greater accuracy and strength in the brain’s circuitries of fear and stress, and remembered with far more precision. The impact of the psychophysiological experience also continues to produce potential psychophysiological evidence long after the event. Indeed, psychophysiological evidence is often the only evidence available to distinguish between consent/non-consent and levels of incapacitation. It is also extremely beneficial in demonstrating the ‘three dimensional’ assault experience and subsequent complainant reactions and behaviors.

Don’t Be Judgemental

Don’t base investigations on: Stereotypes Attitudes Relationship of victim and offender Investigator’s personal bias or moral judgment

There is no standard response to sexual misconduct

The complainant may: Be angry or in shock Cry Laugh Show no emotion Lash out at investigators

Trauma Effects Memory Recall

Don’t automatically assume inconsistent statements or missing details indicate false reports

Let the complainant tell their story in their own words and at their own pace

Expect gaps and mistakes in statements, and remain patient and neutral Listen to everything Focus on active listening Identify key information you want to discuss later, if necessary

This May Be Embarrassing

Be alert: The victim may reveal intimate information about themselves or others

Be conscious of your non-verbal cues

Close the interview by complimenting the complainant on their cooperation

Let them know how to contact you later

Note: When a victim is telling you something embarrassing, or uncomfortable, if you:• Break eye contact• Wince• Turn away• Grimace• Show disgust in any way

The victim may think that you are expressing disgust for them, not what was done to them, or that you don’t believe them. You must maintain non-aggressive, non-threatening and neutral communication cues throughout the interview, both verbal, and non-verbal.

After the Interview

Attempt to corroborate statements

Before you encourage complainants to reach out to victim assistance and advocacy groups in your area, verify that they do provide services in regulatory and administrative cases

Elderly Complainants

Check your jurisdiction for laws providing special protection for elderly complainants in regulatory cases

Reach out to Adult Protective Services in select situations Elder abuse, Elder fraud, etc.

Increased penalties (possibly criminal) for abusers

Complainants may be reluctant to complain due to feeling trapped by situation

Note A lot of cases against elderly complainants occur in health care, and long term care facilities. An elderly complainant may not speak out against an abuser because of the power imbalance. They may have to rely on their abusers for care and are afraid of retribution.

Juvenile Complainants

Check your jurisdiction for laws providing special protection for juvenile complainants

Reach out to Child Protective Services, when applicable

Consent is never a defense when a juvenile is involved

Get the statement in the child’s words – no editing!

It is strongly recommended that only trained forensic interviewers be used for investigations involving youth alleging physical or sexual abuse/misconduct

Emphasize that whatever words the child uses for private body parts, the investigator must use those same words, no matter how embarrassing it might be. Resist the temptation to “sanitize” the child’s statement.

Great care must be used in investigating the cases involving youth alleging sexual misconduct. It is strongly recommended that only trained forensic interviewers be used to obtain statements from the juvenile subjects. Huge risks if handled by untrained or inexperienced persons. Instructor’s notes need to done over completely.

Interviewing Person of Interests

Build Rapport

Offer food, drink, use of facilities, etc.

Show the same courtesy, interest, and respect for the person of interest that you did for the complainant

Always remain non-confrontational and professional no matter what

A person of interest is more likely to open up to someone they see as an understanding ally. By telling them, you don’t think this is a big deal, or that everyone has at least thought about it, etc you give them a way “out” of it being “so bad”.

Rapport Building Questions

We have a lot to talk about, don’t we?

Smile and show you are friendly and non-judgmental

Rapport Building Questions

You and I both have needs that have to be met.

Shows they are not alone

Show you are not condemning them

Do not tell person of interest that what they did was alright, just that you understand

Rapport Building Questions

Everyone gets a little out of control once in a while, even me.

Personalizes the interview

Lets person of interest know you are not condemning them

You are not stating that you have done the same thing, just that you also get “a little out of control”

Rapport Building Questions

Could it be that there was something that led you to believe that it was alright to do what you did?

Gives the person of interest an “out”

Once they walk through this opening you can start dismantling their alibi

Rapport Building Questions

Looking back, can you now see that you might have misunderstood their willingness to participate?

Gives the person of interest another “out”

Moves towards the path to confession

Rapport Building Questions

How would you feel about apologizing to the person filing the complaint against you?

Give person of interest chance to think they can make all of this go away

Stay away from saying words like: rape, force and so forth

Continue to minimize the situation

Add that an innocent person generally will not feel the need to apologize for something they have not done. By asking the person of interest if they would like to apologize you are leading them further down the road towards a confession. “why do you need to apologize if you did nothing”

Defense Arguments

Consent Document how the person of interest felt consent was given Re-interview witnesses as needed

Mistaken Identity See if the person of interest can establish an alibi Re-interview witnesses as needed

Diminished Capacity Does it matter if the person of interest was under the influence at the time of the

incident? Can it be proven?

Add that an innocent person generally will not feel the need to apologize for something they have not done. By asking the person of interest if they would like to apologize you are leading them further down the road towards a confession. “why do you need to apologize if you did nothing”

Types of Evidence

Types of Evidence

Circumstantial

Demonstrative

Digital

Forensic

Physical

Testimonial

Circumstantial (indirect)Demonstrative

Photos, videos, audio recording, chartsDigital

Email, texts, instant messages, files, documents from hard drives, electronic financial transactions, audio and video files

ForensicPhysical Testimonial

Let’s focus in on digital, forensic, and physical evidence for the purposes of this section.

Digital Evidence

Any sort of digital file from an electronic source

Email, texts, instant messages, files and documents, video, audio, etc.

Can be found on a server or individual devices Phones, computers, tablets, social media platforms, game consoles, fitness

trackers, home automation devices, GPS

Often found through internet searches using open sources

Information pulled from https://i-sight.com/resources/15-types-of-evidence-and-how-to-use-them-in-investigation/

Note Today’s investigations of sexual misconduct almost always include some element of digital evidence. In cases of inappropriate relationships between complainant and person of interest, look for emails, texts, instant messages, etcdetailing the relationship and plans for meeting up. Don’t forget to look for public posts on social media that relate to your case.

Also keep in mind to search for backed up, or version history of anything stored on a server. There may have been information that was deleted, or added after the fact.

Can you think of other places to find digital evidence?

Abusers will often keep “trophies” of their complainants. This is often a physical item of the complainant’s, but can also be digital. Pictures or videos of the complainant. Audio recordings of them. Electronic surveillance files, etc.

Case Studies

Case Study 1

Case Study 2

Session Review

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Say “We have completely reviewed all topics within the XXX session of the XXX course. We will now review the key concepts of this session.”

Learning Objectives Review

You should now be able to:

Understand why cases involving sexual misconduct require special attention

Demonstrate sensitivity to the special needs of an investigation involving sexual misconduct

Identify and obtain the resources available to assist you and utilize them during your investigations of sexual misconduct

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Review the learning objectives.

Ask if there are any questions regarding the objectives displayed.

Questions

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Ask if there are any final questions before completing the session.