Multidisciplinary Interviewing of Child Abuse Victims (MDI)

The Child/The Beginning Two Stages of the Interview Process:

Stage 1: Rapport Building

• Setting: Composition of room
• Getting to know the child
• Rapport building questions
• Where to begin
• Pre-Interview Information Gathering
• Primary Questions – Age, School, Family
• Secondary Questions – Relationship oriented questions about family
• Begin to assess developmental stages
• Assess developmental capabilities during rapport building
• Show interest verbally and non-verbally
• Explain roles and expectations
• Interviewer’s role
• Give child permission to correct interviewer
• Setting up Ground rules

Stage 2: Developmental Assessment

• Demonstrate Developmental Competency
• Truth/Lie
• Developmental Screening
• Language Development assessment
• Ages and Stages of Child Development
• What to expect and how to relate to children of different ages
• Anecdotes about developmental stages and understanding  Pitfalls: Pleasing/Impressing the Interviewer
• Credibility
• Assess with questions

The Child: The last Two Stages of the Interview Process

Stage 3: Fact-Finding, The 4 W’s

• Who
• What happened
• When
• Where
• How

Development of Fact Finding Skills

• I don’t know instruction
• I don’t understand instruction
• Questions to Ask
• Obtaining Factual Information
• Open Ended Questions
• False Allegations – Be aware of this possibility and assess credibility
• Custody Battles/Family History
• Child’s Reliability/Forensics and Credibility
• Open Ended/ Focused/Leading Questions

Factors Affecting the Interview

• Avoid child’s lunch/nap time/other distractions
• Factors of the Adolescent Interview
• Fear of being labeled/Shame

Stage 4: Closure/Termination with the Child

• Thank the child
• Thanks v. Praise
• Leave the door open for future interviews
• Acknowledge
• Validate
• Provide what will happen next
• Provide opportunity for child to ask questions
• Avoid dishonest responses
• Contact Information
• Provide child with phone number/access to you

Interview Techniques:

• Gear toward child
• Let child do the talking; be an attentive listener
• Normalize experience
• Let the child know that he/she is not alone
• Check your own feelings
• Conceal shock/biases
• Don’t Rush
• No time constraint
• Thank child, Don’t praise
• Keep it Simple
• Use language the child can understand
• Avoid abstract terms
• Details
• Avoid compound/complex questions

Setting:

• Quiet and Private
  Neutral: Strongly consider Child Interview Center Kid Friendly
• Avoid child’s home
• No distractions
• Not too many toys, games, T.V., noise, etc.
• No phones
• Distraction
• Help child to familiarize setting
• Show them around the place, where they will sit, what will take place

Cultural Competency

• Cultural sensitivity
• Awareness
• Impact on interview

Assessing Current Level of Risk

• Risk Factors
• If child discloses, must assess safety of child
• Does child live with perpetrator?
• Is one parent the sole provider?
• Staying neutral
• Don’t take sides
• Remain impartial fact gatherer

Some Do’s and Don’ts:

• Open Minded
• You only know what you know
• Don’t make promises or threats
• Assessment/Interview Plan
• Formulate plan before the interview
• Which child will you interview first?
• What questions will you ask?
• Acceptance
• You won’t always get a clear answer

Truth of Allegations

• Recognize that allegations are not always true
• Positive Environment
• Confidence, Patience, Calm, Acceptance
• Awareness of own reactions
• Thank child for effort, not content
• Don’t Teach
• Don’t do therapy
• No rewards or promises

Forensic Interviewing of Child Abuse Victims

• Fact Finding to Establish the Elements of Crimes
• Child Molest – Disclosure
• Why it matters
• Common circumstances = accidental, rite of passage, emotional trauma, protection of younger siblings

Interviewing the reporting party

• Anticipating the defense

Child Molest – Force

• Force and duress distinguished
• Proving force and duress
• Sentencing consequences
• Child Molest – Other Victims
• Locating and interviewing other victims
• Do not assume police reports for other victims are accurate
• Admissibility of prior offenses under Evidence Code section 1108
• Keep victims separate and ignorant of each other

Child Molest – Corroboration

• Crime scene investigation
• Pretext phone calls to suspect
• Non-abusive caretaker – No marital communication or witness privilege applies

Child Molest – Time Frame

• Use a child’s frame of reference
• Holidays, birthdays, school years, residences
• Confirm with non-abusive caretaker
• Needed for statute of limitations
• Needed for effective date of new crimes (ex post facto rule)

Child Molest – Crimes

• Traditional – Penal Code section 288(a), 288(b), 288.5 and 266j
  – Misdemeanor 647.6

• Modified – Penal Code section 269 as of January 1, 2007
• New – Penal Code sections 288.3 and 288.7, effective January 1, 2007

Child Molest – Testifying

• Defending the Interview
• Use free recall, open ended questions, emphasize importance of telling the truth
• Do not ask leading questions
• Videotape should show both interviewer and child
• Use the child’s vocabulary

Child Molest – Testifying as an Expert Witness

• Child Sexual Abuse Accommodation Syndrome
• Helplessness, Secrecy, Accommodation, Delayed Disclosure, Retraction

Forensic Interviews of Children

• Qualities of a good (and poor) interview
• “Red flags” in a child’s statement
• Juror Issues and how they affect your investigation
• Child Sexual Abuse Accommodation Syndrome
• Case Study