First Responders in Child Sexual Abuse Cases

FIRST RESPONDERS IN CHILD SEXUAL ABUSE CASES

Law enforcement first responders are often the initial contact in cases involving sexual abuse of children. Because of the serious nature and complexity of these cases, responding officers should enlist the assistance of more experienced investigators or officers, whenever possible. The following information is not meant as a replacement for accessing appropriate expertise but rather as an overview of the general procedures when an allegation of child sexual abuse is made.

Just as in other sexual assault cases, initial tasks for responding officers in child sexual abuse reports involve ensuring safety for the victim(s) and gathering initial information from witnesses. Additionally, as appropriate, officers should secure the scene or scenes, collect clothing (don’t forget diapers), bedding, computers or other materials and get contact information for all other potential witnesses.

Medical

The most common type of sexual abuse of children is sexual contact rather than acts involving penetration. Nearly all child sexual abuse involves delayed disclosure. Time-sensitive physical evidence or injuries that require treatment are rare. Unless there is some indication that the abuse occurred recently, and/or there may be injuries, a child need not be taken to an emergency department following disclosure of abuse. However, a referral to the Spurwink Child Abuse Program for further assessment should be made. Spurwink Child Abuse Program: 1-800-260-6160

In situations where the abuse has just occurred, and the specifics of the situation indicate the need, a child may be taken to a hospital emergency department. The hospital will assess for injuries and treat, if needed, and, if there is a possibility that physical evidence is present, a SAFE or emergency department physician may collect some evidence. Hospitals should not perform full sexual assault forensic exams on children under the age of 13. Despite what is shown on television, emergency department nurses and doctors will almost never be able to tell an officer (or parents) whether or not the abuse occurred. The emergency department can contact Spurwink: 1-800-260-6160 for consultation in these situations. This consultation is available 24 hours a day, 7 days a week to SAFE’s and emergency department physicians and nurses. The emergency department should contact Spurwink to refer the child for a complete assessment.

Cases involving sexual abuse by family members, caregivers, people in family positions must be reported to DHHS. 1-800-452-1999.

Victim Interviews

Because of the many special challenges in communicating with children in these cases, detailed interviews of children in sexual abuse cases should be done by investigators who have undergone specialized training in child forensic interviewing. Agencies (child protection, medical, law enforcement, child advocacy centers and prosecutors) should work collaboratively in order to reduce the number of times a child must be interviewed.

Responding officers may need to conduct a preliminary interview with a child about what has been disclosed. Remember that children, especially a younger child, as often as not, is not able to fully answer the officer’s questions or even repeat what he/she shared previously with another person. This does not mean that the child was or was not abused. If a child is not responding to questions, he/she should NEVER be badgered or pressured in any way. The following includes a general outline for talking to a child. Do not feel compelled to get any more information that what is needed at that time for the purposes of a preliminary investigation.

Preliminary Interviews with Children

 Your demeanor during the interview is important. Keep in mind that interviewing a child is entirely different from interviewing an adult. o Remain calm and matter of fact no matter how angry, shocked or repulsed you may feel. o Introduce yourself and explain your job in child’s language. o Sit at the child’s level. o Be patient. o Be open-minded. o Don't rush the interview. o Use simple terminology. Use the child’s own terms whenever possible. o Attempt to establish a rapport with child: Ask about friends, siblings, pets, hobbies, etc., Ask about a recent neutral event that requires sharing a brief narrative to get a sense of the child’s development level.

 Determine the developmental level of the child. o Does the child understand time frames: Yesterday versus last week? Days of the week? times of day? Seasons? o Can the child count? Can she/he understand “How many times?” o Ask the child to identify parts of the body. o Child should use own terminology: "Tee-tee", "thing", "boobies”.

 Ask about what happened. The child should be asked open-ended questions about what happened. The younger the child, the more the officer may need to direct the questions without leading.

 Who? What does victim call the suspect? o Describe the suspect. o Relationship to the suspect.

 What? If possible, establish what offenses may have occurred. o Note any details shared in child’s language: "His pee-pee stuck out", "he peed on me”. o Did suspect show movies, books, pictures to child? o Did suspect offer alcohol, drugs to the child?

 When? Date and time of offense. o Attempt to pin down specific dates: Use birthdays, holidays, seasons to help child remember. o How many times: More than one, more than ten, etc.

 Where? Establish venue. o Can the child describe anything about the setting: What room, furnishings, curtains, etc.?

 Senses. o Sight: Suspects' clothes, body, color of semen, tattoos, scars. o Smell: Body odor, bad breath, alcohol, cigarettes, semen. o Touch: Hands rough, penis hard/soft, semen watery. o Hearing: What did suspect say, promises, bribes, moans, threats.

 Be sure to record the details of your interview accurately. o If you must take notes, explain to the child why you need to do so. o If you notice child is distracted by your note taking, stop doing so and remember to document what was said as soon as possible after the completion of interview. o Note observations and impressions, but not opinions

 Avoid leading questions. (e.g. “Did he make you touch him?” instead: “What did he do next?”) Avoid putting words in a child’s mouth.

 After the interview o Thank child for his/her help. Tell him/her what a good job he did in helping you understand what happened. o Contact child protective services if that needs to be done. o Arrange for medical assessment, if appropriate (see medical section above). o Tell family members about resources available in the community, including sexual assault center. (Prepared by Marte McNally, LCPC, of Sexual Assault Response Services of Southern Maine, (207) 828-1035, www.sarsonline.org. Adapted in part from Child Interview Guide by the Harborview Center for Sexual Assault & Traumatic Stress and Washington State Criminal Training Commission.)