Home > The Role of Law Enforcement in the Response to Child Abuse and Neglect > The Role of Law Enforcement in the Response to Child Abuse and Neglect: Special Considerations For Interviewing Children

The Role of Law Enforcement in the Response to Child Abuse and Neglect
User Manual Series (1992)

Author(s):  U.S. Department of Health and Human Services Donna Pence, Charles Wilson

Year Published:  1992

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You are in section: Table of Contents Additional Acknowledgment Preface Acknowledgments Introduction 1 - Overview Of The Child… 2 - Role Of Law Enforcement In… 3 - The Investigative Process 4 - Decision Making 5 - Special Considerations For… 6 - Special Types Of Investigations 7 - Special Investigative… 8 - Issues in Arrest Conclusion Glossary Of Terms Notes Selected Bibliography Other Resources

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Special Considerations For Interviewing Children

The initial investigative interview with a child is a delicate situation requiring skill and tact. The setting for the interview should be chosen as carefully as possible. The interview should be held in a neutral setting where the child feels comfortable and not threatened. When a child is fairly young, his/her general schedule (e.g., naps) should be considered when scheduling interviews. If an interview in the home or location where the abuse may have occurred is unavoidable, the team is advised to select a place where the abuse is unlikely to have taken place. The interviewing team should consist of as few individuals as possible. Which team member questions the child is not as important as the skill of the interviewer and the preference that the child may indicate.

The interview will be enhanced if a cooperative adult accompanies the child and acts as liaison between the child and the interviewer. The adult can introduce the interviewer to the child as someone who is specially trained to help children. In addition, the adult can encourage the child to tell the interviewer everything that happened, thereby giving the child permission to talk freely.

It is important to conduct the interview in a quiet setting with minimal disruptions. It is also important to keep in mind that a child rarely feels free to disclose sensitive information when a parent or relative is present. However, if the child is extremely distressed or unwilling to be questioned alone, a nonoffending parent or other supportive adult may sit quietly in during the interview. Although multiple interviews may be necessary, the original interviewer should either conduct them or be present to introduce the child to the new interviewer. This preserves the rapport between the interviewer and the child and protects the child from unnecessary anxiety. However, it is extremely important to minimize the number of interviews and professionals the child experiences. The greater the number of interviews, the more trauma the child suffers. Whenever possible, the same individual, either the interviewer or a volunteer, should accompany the child to all appointments and proceedings relative to the case. The child is thus provided with a familiar and supportive person throughout the legal process.

In addition, the investigator must be extremely careful how he/she reacts to the child's statements. Inexperienced investigators hearing the graphic details of child sexual abuse for the first time from a small child may inadvertently display shock or discomfort. Most children are very perceptive and "pick up" on even subtle reactions by the adults around them. If the child believes the interviewer really does not want to hear the information, he/she may stop talking about the very issues that necessitated the interview in the first place. New investigators must become comfortable with the slang language of sexual assault and be able to talk about the details of abuse without emotion. Even body language and facial responses must be carefully controlled. The investigator must use his/her words and demeanor to encourage, not discourage, open communication.

The Interview Process

If a police officer is the interviewer or is going to sit in during the interview, he/she should ask him/herself two questions: "Should I be in uniform?" "Will the uniform distract or be threatening to the child?"

To answer these questions, the uniformed officer should consider the following five points:

• The child's beliefs about what would happen to the child if he/she disclosed. The officer should keep in mind that the child may have been told by the perpetrator that:
  
  
  • if the child told, the child would be punished, and the child may assume that the officer is the instrument of that punishment;
    
    
  • the child will get in trouble, and the police will arrest the child and take him/her away; or
    
    
  • if the child disclosed, the perpetrator would be arrested; the child may assume that the police officer is there for that function.
  
  
• The child's beliefs about police and past experiences with police. For example, have the parents told the child that the law enforcement officer's function is punitive; not one of a helpful, friendly individual who is there in the child's best interest?
  
  
• The child may view the police uniform as a symbol of protection and feel much safer having that protection present, believing that the uniform means that the perpetrator cannot be with the child again. The officer might find it to his/her advantage to either change into civilian clothes or put a jacket on over the uniform to play down obvious signs of authority. In all child interviews, the officer should remove and secure his/her weapon so that it is out of sight prior to the interview.
  
  
• The child may believe that the uniform represents authority. This can be positive if a child looks to someone of authority to grant permission to talk freely. However, in some instances, such as when dealing with adolescent victims, the uniform may be a negative influence. The officer might find it to his/her advantage to either remove the uniform or to put on a jacket over the uniform to downplay obvious signs of authority.
  
  
• A smaller child is frequently attracted to the uniform and the various objects that are worn by the officer. An exploration of an officer's uniform, by the officer and the child, may help establish rapport and may enable the child to feel more comfortable.

Another issue to consider is that all interviews with children should be documented fully by the interviewer. If more than one interviewer is present, the professional not interviewing the child should take notes of the child's statements. These notes should be as exact as possible using the specific words of the child rather than an interpretation by the adult of what the child has said.

The interviewer should not stand above the child but should get down on the child's level, even if this means sitting on the floor. The interviewer should merely get close enough to the child to hear what the child has to say. The interviewer must remember that each person maintains a body space and to violate this space could be a reminder of the invasion of the offender.

Investigators must introduce themselves to the child. They may use their first name, if they feel comfortable doing so. Through school programs, many children have been exposed to an "Officer Friendly" type interaction and will respond well when the officer introduces him/herself as Officer Bill or Officer Mary. The investigator should also let the child know the agency that he/she represents. Initial questions should be unrelated to the incident itself, such as the child's age, where he/she goes to school, does he/she have any brothers or sisters, what are his/her favorite games, etc. This should help the child become accustomed to talking with the interviewer in a nonthreatening manner. The interviewer should remember to look at the child throughout the interview.

The language the interviewer uses should be appropriate for the child's age and development. Questions should be phrased in familiar terms. As rapport is established, the interviewer evaluates that child's competency: Is the child able to distinguish between fantasy and reality? How does the child respond when asked to recall and relate information? For young children, what is their developmental level, do they understand the meaning of the words used?

It is generally advisable for the interviewer not to initiate physical contact with children during questioning. If the child touches the interviewer in a seductive or inappropriate manner (as some sexually abused children may), the interviewer may respond by saying, "I feel uncomfortable when you touch me that way. Let's not do that. We can just sit here next to each other. Okay?"

As a prelude to specific questions about the abuse incident, an investigator may talk with the child about the duties of his/her job. For example, "My job is to talk to children about things that happen in their lives. I talk to kids about things that make them happy, sad, mad, or angry. Sometimes these children have problems they need help with."

The interviewer should never suggest that the nature of the problem is already known. Rather they should encourage the child to talk. "Someone who is concerned about you called me today and said that you might have a problem at home and need some help."

If the child shows discomfort, this should be acknowledged and explored. To elicit a response, the interviewer might say, "You seem worried (scared, embarrassed, nervous) right now. What are you worried about? Are you worried that someone might find out you talked with me? Who are you worried about? What do you think will happen?"

The interview should flow from the general (getting to know the child) to the specific (the actual abuse).

During this phase of establishing an alliance or getting the child to trust the investigator, the officer needs to identify and build on the request—how the child hopes or wishes the law enforcement officer can help.

Law enforcement officers can accomplish this by:

• Identifying what the child wants (this child may want you to promise not to tell anyone).
  
  
• Identifying what the officer can do to meet what the child wants ("I can first listen to you tell me what happened to you.")
  
  
• Letting the child know that the interviewer is honest (won't lie to him/her) and is trustworthy.
  
  
• Enabling the child to perceive the interviewer as empathetic.

Encouraging Children To Use Their Own Language

Strategies to encourage children to use their own language include the following:

• Use verbal prefaces (e.g., "It is important for you to tell me so I can help you.").
  
  
• Avoid direct and leading questions. An example of a leading question is "Your father took your clothes off, didn't he?"
  
  
• Encourage clarification. As the interview progresses, the child will often make a vague reference to "trouble at home" or "the thing that happened after school." The interviewer might encourage clarification by paraphrasing the child's statement or by forming questions from key words that the child has used such as, "What kind of trouble at home do you mean?" or "Can you tell me about the thing that happened after school?"
  
  
• Do not use bribes or enticements. A child who has probably been told to be silent by a perpetrator will only be further confused when offered ice cream or toys as a reward for revealing information. Such methods will also jeopardize the case in court.
  
  
• Deal with the child's fear and try to decrease the child's anxiety. One way to do this is to let the child tell his/her account at his/her own pace.
  
  
• Acknowledge a child's embarrassment and/or reluctance to discuss troubles and issues. For example, if the child suggests that the problem involves a specific person (stepfather, baby-sitter, friend, etc.), the interviewer might ask, "What kind of problem are you having with your stepfather or with Uncle John?" If the child indicates embarrassment and reluctance, the interviewer should acknowledge it, reassure the child, and then restate the question. In addition, in sexual abuse cases, if the child answers, "Uncle John touches me down there (indicating the genital area) when we are alone," the interviewer should respond matter-of-factly, "What do you call that down there?" If the child is too embarrassed to answer or has difficulty in answering or giving specific details, the interviewer might then consider the introduction of anatomically detailed dolls.
  
  
• In physical abuse cases, if the child does not introduce the injury, the investigator should ask specific questions to elicit the information. For example, "How did you get that cut on your head?" If the child's explanation is implausible, the investigator might try, "Is that what you're supposed to tell me?" The investigator should wait for a response and say, "What really happened?"
  
  
• Encourage a dialogue by discussing privacy with the child. As an investigator talks with the child about nonsexual and sexual parts of the body, he/she may also encourage a dialogue by talking with the child about privacy. Investigators can ask the child what privacy means. When the concept is understood, investigators may ask the child, "Do people give you privacy at home? Can you be by yourself when you want to be?" If their reply is, "Well, sometimes Uncle John comes into my room when I want to sleep," the interviewer can then ask for specifics.

Establishing Details of the Assault

In establishing the details of an assault, the investigator should move from general details to the specific details of the assault. The investigator needs to help decrease anxiety and fear by using focusing techniques.

• Child's activity. The investigator should help the child reconstruct his/her day. For example, "What were you doing that day?" (The weather, play inside or outside, school, television show, etc.)
  
  
• Assailant's activity. The investigator should try to learn what the assailant was doing.
  
  
• Family's activity. The officer should determine where other family members were during the assault (e.g., mother was out of house).

Pictures may be used to tell what happened during an event. Officers can encourage the child to draw his/her family, their home, or try to draw what happened. At this time, investigators must concern themselves not only with the facts of what happened but also the child's feelings about the incident. These pictures may be used as evidence in court so, after the child has finished drawing the picture, investigators should be sure to initial it and maintain it in a chain of custody. On the back of the drawing, investigators should write what the child stated he/she was drawing. For example, "In response to the question, how were you lying on the bed? Connie drew a picture of the bed with her and a figure she identified as Uncle Harvey on it. The figure drawn in red is Harvey." As the child uses the dolls or draws pictures, investigators must have the child describe, during the demonstration, what is going on. This may assist the investigator in making this information admissible in court, since it is information that was given as part of the demonstration and is not necessarily hearsay information.

In some jurisdictions, puppet play is used, where the child talks to the puppets and moves from talking about the puppets or with the puppets to talking about him/herself to the interviewer.

If, during the interview, the child indicates that other individuals were present at the time of the incident, this gives the investigator information about potential witnesses or victims. If several incidents of abuse have taken place, the child needs to be questioned concerning the first incident that occurred. Talking about earlier incidents is often less threatening than discussing more recent ones. This procedure also helps establish the progression of sexual activity in sexual abuse cases.

The interviewer should not ask leading questions but should pose open-ended questions that invite the child to elaborate. Questions such as, "Did your mom hit you there?" or "Did he pull your pants down?" will tempt the child to agree and should be avoided. In contrast, "What happened next?" or "Then what did he do?" are questions that encourage disclosure without being suggestive.

In some special situations, interviewers may wish to repeat exactly what the child said to facilitate their understanding of the child. This should be considered in the case where the child has a speech impediment or when a young child cannot be easily understood. This is especially important if an audiotape or videotape is being made.

As the abuse is revealed, the interviewer should underreact. A simple nod or "uh huh" is usually an effective acknowledgment. This matter-of-fact attitude helps ensure the child's confidence and encourages additional disclosure.

The duration of the perpetrator's access to the child should be explored since multiple incidents may have occurred. Access may be corroborated by adult friends or relatives of the child.

To determine if the child was told to keep a physical or sexual abuse incident a secret, the interviewer might ask, "What did your mom (or teacher) say about it (the incident) when you told her?" Often the victim will reply, "I never told my mother about it. It was a secret." This disclosure opens further dialogue and helps confirm the abuse.

When questioning is completed, the child should be thanked for helping. The child should be reassured that he/she is not to blame for the abuse and the adult is responsible. The interview should close with an open question about whether there is anything else the child wants to say. The child should be given a name or number to call if he/she has problems during the investigation or thinks of something else (if age appropriate). If the child expresses concern about what will happen (to self or perpetrator), answer the questions honestly. Explain that in this situation rules must be followed. However, detailed explanations about the prosecution of the offender can be confusing or alarming.

It should be remembered that not all abused children will be able to disclose on the first interview (or in some cases, ever), nor will all children disclose the totality of their abuse on the initial interview. It may be necessary for the interviewer to arrange for therapy for the child before the child feels comfortable or safe enough to disclose. Investigators should always keep in mind that the child may initially deny any abuse and even deny it repeatedly over a period of time. They may then begin to release bits and pieces of the abuse to test the reaction of the interviewer. This is especially true in cases of sexual abuse. Patience and skill are necessary in handling children of various ages, and experience will be one of the key factors in developing the investigator's competency in handling these situations.³⁰

Interviewing Tools

Investigators have found a variety of tools useful in communicating with small children (and sometimes older ones as well). Small children sometimes find it easier to communicate sensitive information about the abuse through some form of media. While these techniques help the child explain what is happening, there are pitfalls, including the potentially leading nature of the interview.³¹

Puppets

Many children are comfortable with puppets and will talk to a puppet when they would otherwise remain silent to the direct questions of an adult.

Drawings

Many preschool and school-age children like to draw. Investigators can request the child to draw a picture of his/her family, the perpetrator, or, more directly, the abuse (after disclosure). There are no standards by which such drawings may be interpreted as showing abuse. The principal advantage of drawings is that the investigator can ask the child to explain what was drawn. This is an excellent way to get needed details.

Bodygrams or Anatomically Detailed Drawings

Available commercially, these outline drawings of the human form allow the child to show where on the body he/she was touched and by what part of the perpetrator. The drawings are available in male and female, child and adult forms.

Doll Houses/Small Toy People

Some researchers have found that preschool children prefer small dolls, because they are less intimidating and more easily manipulated. Again, this tool allows children to verbalize what happened while they show the investigator.

Prevention Materials

Some investigators use materials such as coloring books designed for abuse prevention. This is risky from an investigative standpoint. Because the material was conceived as a prevention aid, it is often highly leading. For the most part, it is suggested that officers avoid the use of such tools during the investigative stage.

Dolls

Dolls that are not detailed anatomically can be used by the child to act out the story. The investigator should allow the child to select and name the dolls. Avoid using terms like, "Let's pretend this is Uncle Mike."

Anatomically Detailed Dolls

These are among the most commonly used tools. Not all anatomically "correct" dolls are "correct" enough to be accepted by the court. The investigator should receive training on how to use these dolls and review the manufacturer's instructions prior to use. The following guidelines should be observed.

The child must be interviewed verbally and give some indication that sexual abuse has occurred before the officer proceeds with introduction of the anatomically detailed dolls. Investigators should follow the principles described below during this interview:

• Dolls should only be used if the child has difficulty or is embarrassed about describing the sexual abuse that has occurred. Not all children need the aid of the dolls. Investigators should not insist on using them if it is not necessary.
  
  
• Introduce the dolls fully clothed. Investigators should tell the child that the dolls help when talking with children. They should also let the child know that the dolls belong to the agency, but the child may touch them during the interview. Further, investigators must explain that the dolls are different from most other dolls because they have all of their body parts, including the sexual parts, which is why they are helpful in describing what happened.
  
  
• Let the child explore the dolls. Investigators must remember that it is not necessarily indicative of abuse for children to engage in exploratory behavior with the dolls. Some children stick their fingers in various holes, pull on the penis, see if the penis fits into the vagina, anus, or mouth. Officers should not consider this evidence of sexual abuse. Investigators should listen to what the child says during this time. Some children may start to share details about previous sexual activity.
  
  
• Pick a doll to name the body parts with the child. Investigators should point and say "What do you call this?" Investigators should begin with nonsexual body parts, then move back and forth between sexual and nonsexual. They should repeat what the child says and use the child's terms. If the child uses slang terms for some body parts, the investigator should ask who suggested that name. Officers should cover each doll that will be used during the interview in the same way.
  
  
• Ask the child to choose a doll to represent him/herself. Investigators should not use the word "pretend" or "let's play like this is you." Investigators should have the child choose a doll to represent the person the child has named as the perpetrator.
  
  
• Ask the child to show what happened. Investigators should have the child explain verbally what is being demonstrated. They should also repeat back to the child what he/she is saying. Officers must ask about the first time something happened with the named offender and try to move forward in chronological order, using open-ended questions, for example, "What happened next? And then what happened? Did he/she do anything else to you? Ask you to do anything else?"
  
  
• Avoid leading questions. For example, "Where did Steve hurt you?" Questions beginning with who, how, when, what, or where are seldom leading. Officers should avoid questions that suggest the answer within the question and questions that can be answered yes or no. For example, "Daddy hurt you, didn't he?" Investigators should not use "why" questions with the child. They tend to imply that the child is at fault. Officers must keep sentences short and simple and use names (Daddy, Miss Sue) rather than pronouns. With young children, officers should avoid either/or questions.
  
  
• Do not react visually to the child's statement.
  
  
• Do not bribe the child to talk (for example, cookies, other special treats, or inappropriate verbal reinforcers).
  
  
• Adapt the interview to the child's pace, not to the interviewer's urgency to learn what happened. Children who feel pressured often reveal less. It may be helpful for officers to allow the child to talk about other things or play during the interview, returning to the subject of sexual abuse periodically.
  
  
• Close the interview by praising the child for helping and being able to talk about something very personal and hard to discuss. If the child discloses, investigators should let the child know he/she is not to blame; the adult is. They should also explain the next step in the process, and let the child know that what will happen next is due to the adult's actions, not because the child disclosed. When possible and appropriate, investigators should end the interview with an activity pleasant for the child.
  
  
• Because children who have been abused over time seldom disclose everything that has happened in the first interview, multiple interviews (two or three) may be important for every child suspected of being a victim. They should be conducted by the same interviewer, at the same place, and on subsequent days if possible.³²
  
  
• If a child is not disclosing or cooperating with the interview, terminate the interview in a reasonable period of time. If it is felt necessary, investigators should schedule another interview at a later date. A protracted interview with a nonresponsive child can be counterproductive and later used by defense attorneys against the investigator if the child subsequently discloses.

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You are in section: Table of Contents Additional Acknowledgment Preface Acknowledgments Introduction 1 - Overview Of The Child… 2 - Role Of Law Enforcement In… 3 - The Investigative Process 4 - Decision Making 5 - Special Considerations For… 6 - Special Types Of Investigations 7 - Special Investigative… 8 - Issues in Arrest Conclusion Glossary Of Terms Notes Selected Bibliography Other Resources

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Updated on October 9, 2009