Managing Vulnerable Victims National Institute of Corrections American University Washington College of Law July 2005

Objectives Understand who vulnerable victims are Understand who vulnerable victims are Understand how vulnerable victims can impact the investigative process Understand how vulnerable victims can impact the investigative process Identify tools which will allow you to best deal with these victims during the investigative process Identify tools which will allow you to best deal with these victims during the investigative process Identify outside resources that will be helpful to you in managing vulnerable victims Identify outside resources that will be helpful to you in managing vulnerable victims Understanding your ultimate goal Understanding your ultimate goal

Vulnerable Victims Are: Developmentally Disabled Developmentally Disabled Hearing Impaired Hearing Impaired Limited Language Ability Limited Language Ability Previously Victimized Previously Victimized Gay and Transgendered Gay and Transgendered Juveniles Juveniles Untreated Addicts Untreated Addicts Mental Ill Mental Ill

Essential Interview Techniques Confidentiality Confidentiality Rapport Rapport Create Safe Setting Create Safe Setting Genuineness & Authenticity Genuineness & Authenticity Active Listening Active Listening Effective Questioning Effective Questioning Paraphrasing, Summarizing & Clarifying Paraphrasing, Summarizing & Clarifying Non-verbal Non-verbal Response time Response time Limited amount of interviews Limited amount of interviews Interview Teams Interview Teams Avoid judging, attacking, condescending, denial Avoid judging, attacking, condescending, denial Avoid offering pity Avoid offering pity Avoid beginning with preconceived outcome Avoid beginning with preconceived outcome Truth Finding Truth Finding

Developmentally Disabled Wants to please people in authority Wants to please people in authority Relies on authority figures for the solution Relies on authority figures for the solution Watches clues from interviewer; wants to be friends; wants to please Watches clues from interviewer; wants to be friends; wants to please Real memory gaps Real memory gaps Quick to take blame Quick to take blame Short attention span Short attention span Allow person to use their own words Allow person to use their own words Do not ask leading questions Do not ask leading questions Use concrete ideas (who, what, when, where, how) Use concrete ideas (who, what, when, where, how) Beware of vocabulary (anatomically correct dolls) Beware of vocabulary (anatomically correct dolls)

Deaf or Hearing Impaired A certified sign language interpreter (ADA) A certified sign language interpreter (ADA) Consider videotaping Consider videotaping Do not use staff if not certified Do not use staff if not certified Give the interpreter time to establish rapport and trust Give the interpreter time to establish rapport and trust

Deaf or Hearing Impaired Ask the interpreter if she or he is comfortable with subject matter – if not, make other arrangements Ask the interpreter if she or he is comfortable with subject matter – if not, make other arrangements Speak directly to the interviewee Speak directly to the interviewee Establish the ground rules Establish the ground rules Do not interrupt – the hearing impaired person wants to tell the whole story Do not interrupt – the hearing impaired person wants to tell the whole story

Limited Language Ability Use vocabulary and sentences that are at the individual’s level of cognitive and language development Use vocabulary and sentences that are at the individual’s level of cognitive and language development Ask one question at a time; avoid lengthy complex, 2-part questions Ask one question at a time; avoid lengthy complex, 2-part questions Speak slowly and allow sufficient wait time Speak slowly and allow sufficient wait time

Mentally Ill Depression Depression Anxiety Anxiety Post Traumatic Stress Disorder Post Traumatic Stress Disorder Schizophrenia Schizophrenia Bipolar Disorder Bipolar Disorder

Mentally Ill Make sure the interviewee feels safe Make sure the interviewee feels safe Be prepared to let the victim walk/pace during the interview Be prepared to let the victim walk/pace during the interview Offer breaks; keep the interview short Offer breaks; keep the interview short Consider the time of the interview in terms of the victim’s medications Consider the time of the interview in terms of the victim’s medications

Mentally Ill Be aware of your body language (avoid distracting behaviors, do not interrupt, stay calm) Be aware of your body language (avoid distracting behaviors, do not interrupt, stay calm) Be aware of interviewee’s body language Be aware of interviewee’s body language Inconsistencies in story may not = lying Inconsistencies in story may not = lying Do not underestimate the interviewee Do not underestimate the interviewee Consider involving mental health service provider Consider involving mental health service provider Takes time Takes time

Previously Victimized “Victim” pattern in lifestyle and relationship choices “Victim” pattern in lifestyle and relationship choices Low self-esteem Low self-esteem Mistrust Mistrust Emotional pain Emotional pain Distorted view of self, relationships & reality Distorted view of self, relationships & reality Past histories of institutional abuse Past histories of institutional abuse Personality Disorders- Maladaptive Patterns of Interacting Personality Disorders- Maladaptive Patterns of Interacting

Gay and Transgendered Only ask questions that are absolutely necessary regarding gender. Only ask questions that are absolutely necessary regarding gender. Use identifiers as the interviewee indicates. Gender identity is a persons’ sense of their own gender, which is communicated to other’s by their gender expression. Use identifiers as the interviewee indicates. Gender identity is a persons’ sense of their own gender, which is communicated to other’s by their gender expression. Use gender neutral language. (ex: partner instead of girlfriend or boyfriend) Use gender neutral language. (ex: partner instead of girlfriend or boyfriend) Keep out inappropriate remarks Keep out inappropriate remarks Utilize support groups, advocates, Mental Health services etc. Utilize support groups, advocates, Mental Health services etc. Having an accurate and current base of information is helpful for making effective referrals and attaining vital knowledge. Having an accurate and current base of information is helpful for making effective referrals and attaining vital knowledge.

Juveniles Are you a mandated reporter? Are you a mandated reporter? Be aware of teens perception of the interviewer. (You are an adult and a person of authority) Be aware of teens perception of the interviewer. (You are an adult and a person of authority) Peer relationships are their first priority Peer relationships are their first priority Know the charges and elements in your area regarding offenses against children. Know the charges and elements in your area regarding offenses against children. Does this juvenile have a guardian of liedem (GAL)? Does this juvenile have a guardian of liedem (GAL)? Watch for non-verbal communication. They are not concrete thinkers- not detail oriented. The inability to communicate does not = lie. Watch for non-verbal communication. They are not concrete thinkers- not detail oriented. The inability to communicate does not = lie. Be aware of prior victimizations. How do teens respond to victimization. Be aware of prior victimizations. How do teens respond to victimization. Utilize family, advocates, out resources, therapist etc. Utilize family, advocates, out resources, therapist etc. Do you need authorization and release of medical information if this is a juvenile? Do you need authorization and release of medical information if this is a juvenile? Little knowledge of their rights. Little knowledge of their rights. Intimacy and sexuality is a major part of the development. Intimacy and sexuality is a major part of the development.

Untreated Addicts Heightened sense of general fear Heightened sense of general fear Emotional reaction may not match the story Emotional reaction may not match the story Lack of trust Lack of trust Be aware of medical history Be aware of medical history Utilize your resources for addiction prevention and recovery programs (Certified) Utilize your resources for addiction prevention and recovery programs (Certified)

Ultimate Goal Fact Finding Fact Finding Obtaining an accurate statement Obtaining an accurate statement Presenting your victim as a possible star witness Presenting your victim as a possible star witness

Adjustment Barriers Fitting back into the main stream. Fitting back into the main stream. Therapy/Counseling Therapy/Counseling Pregnancy Pregnancy STD’s STD’s Follow up with Medical visits Follow up with Medical visits Victim’s compensation Victim’s compensation Court Court

Final Thoughts Rapport Building Rapport Building Know Thyself Know Thyself Culture, Values, Prejudices, Strengths, Weaknesses Culture, Values, Prejudices, Strengths, Weaknesses Fairness, Impartiality, Objectivity Fairness, Impartiality, Objectivity Patience Patience Respect Respect Preparation Preparation Confidentiality Confidentiality Utilize advocates, resources and contacts. Utilize advocates, resources and contacts. Communication Communication Remember the ultimate purpose of this investigation (Team Work, Fact Finding, and presenting the case with your star witness/victim) Remember the ultimate purpose of this investigation (Team Work, Fact Finding, and presenting the case with your star witness/victim) Commitment Commitment Be aware of the laws concerning crime victim rights Be aware of the laws concerning crime victim rights