INTERVIEWING THE VICTIM

Interviewing the Victim  Let the victim know that you are concerned for her safety.  Distract the victim from retaliation against abuser.  Be nonjudgmental in questioning.  Questions should be specific and not blaming or disbelieving.  Validate the victim’s feelings.

Interviewing Rules  Interview the victim away from suspect. It reduces the risk of retaliation and promotes disclosure.  Have clear rules about confidentiality and disclosure.  Be honest. Tell victim that some information may need to be shared in court.  Note history of previous violent incidents.  Listen to the victim’s story before asking questions.

Tone of the Interview The law enforcement officer’s responsibility is to get the most accurate information possible with the least amount of trauma to the victim. The officer sets the tone:  The investigation may be traumatic or degrading for the victim. Be patient.  The victim will assess the officer’s body language and demeanor for reaction and understanding.

Necessary Information (1) 1.Name, phone number, address and alternate address and phone number for the victim. 2.Name, address and phone number for someone who will always know the location of the victim. 3.The names, addresses and phone numbers of all witnesses. Contact as soon as possible. 4.The length of the relationship between the victim and suspect and any other states/communities they have resided in.

Necessary Information (2) 5.Note any physical or psychological disabilities. 6.Note any cultural or religious practices. 7.Note immigration status. 8.Note witness’s relationship to the victim/suspect.

Questions and Statements (1)  Begin the interview with “you” statements and questions. Ex. “How are you feeling?”  Non-invasive questions may help the victim to relax and build rapport with the victim.  Keep the victim informed with “we” statements. Ex. “We need to review some information together.”

Questions and Statements (2)  Use of the word “we” provides the victim with a sense of control.  Tell the victim what you need with “I” statements. Ex. “I need you to remember as many of the details as possible.”  Ask open-ended questions. Ex. “And then what happened?”  Listen carefully and take accurate notes.  Ask specific questions to clarify details.

Questions and Statements (3)  Encourage the victim to ask for an explanation if they don’t understand something.  Note the victim’s body language and other non-verbal responses.  Reassure the victim that her cooperation is vital and appreciated.  When the victim is finished, ask if there is anything else she wants to add.

Questions and Statements (4)  At this time, the officer can ask direct questions to gather additional facts.  Don’t ask questions not directly related to the investigation.  Let the victim know that help is available and that intervention is important to stop further acts of violence.  Inform the victim that she will not be responsible for prosecuting – it is the responsibility of the officer and the prosecutor.

What to Tell the Victim (1)  Be consistent in your responses.  A particular level of enforcement assists victims in deciding safety options.  Convey the message that the perpetrator is responsible for his behavior. The victim is not to blame for the abuse.

What to Tell the Victim (2)  Remember - domestic violence victims may have been subjected to intense attacks on their self- esteem.  Know local domestic violence services/resources.  Do not make a promise you cannot keep (“the department will protect you…”).

The Danger of Leaving  Do not tell the victim to leave and that everything will be fine.  Victims are at a much higher risk of being killed (75% greater risk) after they leave or when they attempt to leave.  Leaving has to be very carefully planned.

Five Things for Officers to Say to Victims 1.I’m concerned for your safety. 2.I’m concerned for the safety of your children. 3.No one deserves to be treated this way. 4.It’s not your fault. 5.My experience shows me that it will only get worse.

Ask About Abuse (1) Physical Signs of Abuse Recurring or unexplained injuries; bruises Combination of new and old injuries Injuries in areas covered by clothing Burns in unusual places Injuries to head, face, or scalp Signs of strangulation

Ask About Abuse (2) Socio-Psychological Signs of Abuse Depression or withdrawal. Hesitation to talk openly. Fearful of law enforcement or other assisting professionals. Resignation or denial.

Ask About Abuse (3) Financial Signs of Abuse Lack of knowledge about financial matters. Unable to make financial decisions or pay bills without consulting the perpetrator. No access to financial assets.

Ask About Abuse (4) Signs of Denial of Civil Rights Unwarranted social isolation Signs of physical constraint Unwarranted schedule of imposed activities If the victim doesn’t mention any other signs of physical, socio-psychological or financial abuse or the denial of civil rights: ASK HER.

Assistance to the Victim (1)  Encourage the victim to take action to protect herself and her children.  Encourage the victim to contact the local domestic violence program. This is required by the State of Illinois.  Assist the victim whether she leaves or not. It may not be safe for the victim to leave at that particular time.

Assistance to the Victim (2)  Distribute safety plan information at a safe time and place – not in front of the abuser.  Assist the victim in developing a safety plan or arrange for assistance from an advocate.  Provide transportation to safety.  Make follow-up contact with the victim.  Review and update the plan frequently.  Every time a victim’s situation changes, review and revise the safety plan, if necessary.

Illinois Crime Victims Bill of Rights (1)  The victim has the right to be treated with fairness & respect throughout the criminal justice process.  The victim has the right to notification of court proceedings.  The victim has the right to communicate with the prosecution.  The victim has the right to make a statement to the court at sentencing.  The victim has the right to information about the conviction, sentence, imprisonment, & release of the accused.  The victim has the right to timely disposition of the case following the arrest of the accused.

Illinois Crime Victims Bill of Rights (2)  The victim has the right to be reasonably protected from the accused throughout the criminal justice proceedings.  The right to be present at the trial & all other court proceedings, unless the victim is expected to testify & the court determines that the victim’s testimony will be affected if the victim hears other testimony at the trial.  The victim has the right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim’s choice.  The victim has a right to restitution/Victim Compensation.  The victim has a right to notification of available services and legal remedies.

Statements 1.Offer the victim the opportunity to make a written or taped statement.  If the victim recants, this statement can be brought in as a prior inconsistent statement and is admissible as substantive evidence. 2.If an arrest is not made, the reports will be forwarded on to the State’s Attorney’s Office for review. 3.Advise the victim to contact the State’s Attorney’s Office for further information.

Interviewing Other Witnesses  What relationship do they have to the suspect and/or the victim?  Contact information (address and telephone numbers).  Get their statement.

Acknowledgements Resources provided by: - Illinois Attorney General’s Office - Mark Wynn, Wynn Consulting – - Illinois Domestic Violence Act – Revised January th Judicial Circuit FVCC Law Enforcement Committee - OVW Rural Grant Committee, 4 th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority. The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority. Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.