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Interviewing Sexual Assault Victims 1 Law Enforcement II.

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1 Interviewing Sexual Assault Victims 1 Law Enforcement II

2 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights 2

3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. First Contact with the Victim Clearly identify yourself Establish rapport Use a calm, professional, confident manner Explain what is going to happen Express personal regret Assure the victim that the assault was not his or her fault Reassure the victim’s safety Assure him or her that the officer is competent, experienced, and professional 3

4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Contact with the Victim Never touch, cuddle, or unduly scrutinize the victim’s body Offer the victim choices Lean toward the victim in an attentive manner Adjust your position if the victim is uncomfortable Create a sense of privacy and remove him or her from the scene Offer support services Never leave the victim alone 4

5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Assess the Victim Note the victim’s physical condition physical posture and emotional state mental acuity Remember that the victim’s reactions may not seem normal or appropriate such as smiling, laughing, or seeming disinterested 5

6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Allow Time for the Medical Examination Before the medical examination, interview the victim as briefly as possible, obtaining only facts (who, what, when, where, how) and any other necessary details After the medical examination, allow time for the victim to change his or her clothes and to get comfortable 6

7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Conduct the Interview Be sympathetic, calm, and professional Create a relaxed and comfortable atmosphere Maintain privacy, encouraging family and friends to wait in another room Reassure the victim that he or she is in control and can leave at anytime Give the victim plenty of space Protect the victim’s privacy Obtain the victim’s consent for recording Allow the victim to vent 7

8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Conduct the Interview (continued) Lead the victim step-by-step through the assault Do not stop and fill in gaps – instead, note the gaps and return later Reassure the victim regularly Use familiar terminology Be sure to ask Did the victim know the offender? Did the offender have and maintain an erection? Did the offender insert a foreign object? 8

9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Conduct the Interview (continued) Ask questions about the offender’s verbal and sexual behavior Ask the victim to report any personal items that are missing Leave the following question for last (if relevant): Why did the victim wait to make the report? Ask the victim about his or her sexual behaviors and hygiene Explain HIV testing Explain what to expect at each step of the process 9

10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Resources Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) Investigator’s Course http://www.tcleose.state.tx.us/ http://www.tcleose.state.tx.us/ Texas Code of Criminal Procedure and the Family Code http://www.statutes.legis.state.tx.us/ http://www.statutes.legis.state.tx.us/ Officer’s Interrogation Handbook, Matthews Bender & Company, Inc., Charlottesville, 2004 Hamilton, Cheryl. Communicating for Results. Wadsworth, Thomson Learning. U.S., 2001 Do Internet search using the following key terms: Gastonia Officer Shot Witness Interview Part 2 Nathan’s Interrogation Video 10


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