DOCUMENT RESUME

ED 307 534 CG 021 697

AUTHOR Spaulding, William TITLE Interviewing Child Victims of Sexual Exploitation. INSTITUTION National Center for Missing and Exploited Children, Washington, DC. SPONS AGENCY Office of Juvenile Justice and Delinquent Prevention (Dept. of Justice), Washington, D.C. PUB DATE Feb 87 CONTRACT 86-MC-CX-K003 NOTE 52p. PUB TYPE Guides - General (050)

EDRS PRICE MF01/PC03 Plus Postage. DESCRIPTORS Child Abuse; *Criminals; Interviews; Law Enforcement; Sexual Abuse; Victims of Crime

ABSTRACT The interviewing of the child victim of sexual exploitation is one of the first and most importantsteps in solving and prosecuting a case of child exploitation andis the topic of this document. The first chapter discusses the interviewer'srole, focusing on improving communication, dealing withemotion, the interviewer's response, male or female investigator,and team interviewing. The developmental stage of the child,dynamics of sexual exploitation, and juveniles as witnesses arediscussed in the second chapter. Preparation for the interview isdiscussed in the third chapter, discussing the child's family, themedical examination. others present during the interview, decisionto record, and selecting the interview site. The interviewitself is the topic of the fourth chapter which discusses beginningthe interview, use of ana;:omically correct dolls, questioning the child victim,and closing the interview. Essays on special considerationsin investigating ritualistic child sexual abuse and in obtaining and usingexpertise search warrants in cases of preferential childmolesters are provided. A bibliography is included. The appendixincludes charts categorizing the sexual victimization of children andsituational and preferential child molesters, as well as a model ofthe cycle of violence. A model proviso is included. (ABL)

Reproductions supplied by EDRS are the best that can be made from the original document. U S DEPARTMENT OF EDUCAT ON Office of Educational Research and tmprovement EDUCATIONAL RESOURCES INFORMATION} CENTER (ERIC( elhr, document has been reproduced as receive."' from the person or organ,zation onginahng NATIONAL C Minor changes have been made to improve reproduct.pn Quality CENTER FOR Pointy of view or opinions stated in this docu MISSING rnent do not necessarily represent official EXPLOITED OERI position or PolicY CHI LDREN Interviewing Child Victims of Sexual Exploitation

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C Barbara D Jrunings, 19136, from the Lov Angelev Tinley

2 Interviewing Child Victims of Sexual Exploitation

February 1987

Lieutenant William Spaulding, M.S. Criminal Intelligence Louisville Division of Police Louisville, Kentucky

© National Center for Missing & Exploited Children

3 Acknowledgments

The author wishes to thank the following for their contributionstoInterviewing Child Victims of Sexual Exploitation:

Ann Wolbert Burgess, R.N., D.N.Sc. J. Kerry Rice, ACSW van Amenngen Professor of Psychiatric Mental Associate Professor, Kent School of Social Work Health Nursing University of Louisville University of Pennsylvania Jackie Jennings Spaulding, CSW Christina Dewhurst, I.D. Catholic Charities Legal Assistant Louisville, Kentucky National Center for Missing and Exploited Children Michelle P. Spring Publications Manager Seth Goldstein National Center for Missing and Exploited Investigator Children Office of the Napa County, California, District Attorney Roland Summit, M.D. Department of Psychiatry Janet E. Kosid, Esq. University of Lalifornia at Los Angeles Director, Legal Technical Assistance National Center for Missing and Exploited Susan Via, Assistant U.S. Attorney Children Center for Obscen'ty and Child Pornography Prosecution Kenneth V. Lansing, Supervisory Special Agent U.S. Department of Justice Behavioral Science Unit Federal Bureau of Investigation

John B. Rabun, Jr.. ACSW Deputy Director, Technical Assistance National Center for Missing and Exploited Children

Prepared under Cooperative Agreement #86-MC-CX-K003 from the Points of view or opinions in this handbook are those of the author Office of Juvenile Justice and Delinquent.) Prevention. Office of and the NCMF.L and do not neLes,.anly represent the offioal position ;twice Assistance. Research. and Statistics, U S Department of or policies M the U S Department of Justice or the Louisville Divi- Justice sion of Police

4 Contents

Foreword, by Roland Summit, M.D. v Introductionvii Interviewing the Child Victim of Sexual Exploitationvii

1. The Interviewer's Role 1 Improving Communication 1 Dealing with Emotion2 The Interviewer's Response3 Male or Female Investigator?4 Team Interviewing4 2. The Child Victim of Sexual Exploitation7 Developmental Stage of the Child7 Dynamics of Sexual Exploitation7 Juveniles as Witnesses8 3. Preparing for the Interview11 Reviewing Preliminary Information11 The Child's Family12 The Medical Examination12 Others Present During the Interview13 Decision to Record13 Selecting the Interview Site13 4. The Interview15 Beginning the Interview15 Anatomically Correct Dolls 16 Questioning the Child Victim of Sexual Exploitation 17 Closing the Interview19 Conclusion:0 Special Cautions in Investigating Ritualistic Child Sexual Abuse, by Joh:. B. Rabun, Jr., ACSW 21

5 ea Considerations in Obtaining and Using Expertise Search Warrants in Cases of Preferential Child Molesters, by Janet E. Kosid, Esq.23 Bibliography 39 Appendix 1. Sexual Victimization of Childrer, 41 2. Situational and Preferential Child Molesters42 3. Cycle of Violence43 4. A Model Proviso44

6 Foreword

Child sexual exploitation has emerged in not know the truth as it is to accept that only ten years from obscurity to become trusted, "normal" citizens could carry out a crime of major proportions. What is even mass exploitation of children without more remarkable than our recent "dis- leaving a clue. What actually happens to covery" of child sexual abuse is the fact children is irrelevant if it goes beyond that it has remained hidden so long. And, what the citizenry define as reasonable. the saddest part of all is that society is Whatever we are not yet ready to believe almost bound to hide it away again. we condemn as incredible, unreasonable, We are n vit at a crucial point in history outrageous. when we can choose to recognize child In this latest cycle of discovery the victimization and to control offenders, or inevitable counterattack has emerged in we can choose denial and disbelief. The fewer than ten years. As the massive, first choice offers hope for millions of seemingly incredible cases are tested in children and the promise of an adult soci- the courts and covered by the media, the ety significantly unburdened from sense- earlier enthusiasm for exposure and less mayhem, victimization of the help- endorsement h-:ts turned to saturation and less, and nagging emotional pain. The resentment. Now the watchwords have secord course buys time to incubate changed. Witch hunt. Hysteria. Over- another generation of silent, smoldering zealous prosecution. Brainwashed chil- rage. The sciution to the problem depends dren. Misguided therapists. Inept inves- on the quality of present-day investiga- tigators. Leading questions. Cross-ger- tions, especially in the initial interviews mination. Contaminated witnesses. with children. Rather than confront large numbers of Each time in history when the silent trusted suspects, we challenge the meth- menace of child sexual abuse has been ods and the motives of those few who voice exposed, it has been put away again. suspicion. Experts emerge to blame children for Since any adult with reasonable doui;t, seeking attention and to condemn child can accuse any number of children with advotes for fomenting hysteria. An unreasonable allegations, the quality of hist( is trend is already repeating itself: the investigation and the credibility of ThetKplosion of discovery and expan- the investigator establish not only the sion of belief that began in 1978 has foundation but also the vital framework strained the limits of believability. Peo- of every casedefining its outcome in the ple who could believe that a little girl eyes of the court, the public media, and might try to protect an incestuous father the public itself. There must be no room now refuse to accept that groups of chil- for the "fish that got away." Allegations dren can conceal their exploitation by out- of pornography are a liability without of-home predators. It is as difficult, to pictures in hand. Claims of multiple vic- imagine that good, caring parents would timization are an embarrassment if any

7 of the alleged victims balk at disclosure. Nowhere in law-enforcement and at no The most convincing interview witha time in human history have the chal- child will be thrown out if theparents lenges been so formidable, the odds more cannot tolerate the discoveriesor, just unbalanced, or the stakes so high. Skill, the opposite, if outraged parents insist savvy, guts, judgment, diplomacy, adapt- on prosecuting the most outrageous alle- ability, tolerance, teamwork, and patience gations. Too much detailon the record is are what this vital game is about. Win- just as impeachableas too little. When- ning the gamefor the sake of law- ever the arguments turn uglyas they enforcement, the children, the families, usually willthe investigators willbe and for all of societyis what this book blamed for ruining the case. Anyone who is about. gets into this kind of work had better do it right. Roland Summit, M.D. Department of Psychiatry University of California at Los Angeles

vi 8 Introduction

Interviewing the child victim is one of be no physical evidence and most likely the first and most important steps in no witnesses to the incident. The inter- solving and prosecuting a case of child view, then, is of maximum importance to exploitation. Careful handling of the the officer because most of the in'orma- interview is crucial to the proper reso- tion that exists or will become available lution of the case; keep in mind that the will be obtained through the interview. interviewer's conduct as well as the child's This same interview, so necessary to statements are subject to legal scrutiny. case development, is vitally important to Unlike many cases involving adults, the the well-being of the child being inter- goal of interviewing the child victim is viewed. For many child victims of exploi- not solely to gather information and evi- tation, the interview may be the f-st and, dence. Rather, the interview involves a unfortunately, the last time that some- complex interplay of questioning, coun- one will have the opportunity to help the seling, and comforting a confused and child successfully integrate the victimi- traumatized person whose level of com- zation. The dual purpose of the interview munication and perception are years with a child victim of exploitation must behind our own. be clearly understood. Accepting this dual purpose is fundamental to the approach presented throughout the remainder of Interviewing the Child this handbook. Victim of Sexual Exploitation Because of the importance of the inter- view, it is essential that the investigator The wozd interview is an old and familiar be knowledgeable about what deter- term for both police officers and sof:al mines the child's ability to make a state- workers. A social worker considers the ment about the exploitation and what interview a means of determining a affects the child's willingless to partici- client's need for social services delivery, pate in the investigation. Young children whereas the police officer views the are often shy, embarrassed, and unfa- interview as a necessary step in prepar- miliar with sexual terminology. Older ing a case for prosecution. All too often children tend to have a fear of authority both social workers and police officers figures, a sense oi guilt about their own consider the interview merely a process victimization, and a different mental pic- of questioning. The interview is much ture of the situation than the inter- more than that, howeverespecially viewer. They may also lack the proper when dealing with a child victim of sex- terminology to discuss the incident. Fur- ual exploitation. thermore, many children feel a genuine The interview is extremely important attachment to the offender. to case development. In a case involving Interviewing can be learned and inter- an exploited child, very often there will viewing skills developed. What follows,

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9 however, is not a "cookbook" of inter- technique of asking such questions to the viewing. No one method of interviewing dynamics of child sexual exploitation, applies to every situation or individual. however. The purpose of this handbook Effective interviewing can be achieved is to help investigators transfer the skills by considering these steps: they possess to assist the child victin. of 1. Understand why specific techniques sexual assault. It is not an attempt to are used. turn police investigators into social 2. Create an environment comfortable for workers or therapists, or vice versa. both interviewer and child victim. For proper case handling and resolu- tion, a prime consideration for the irter- 3. Integrate informational objectives with viewing investigator should be the wel- legal requirements for use in court. fare of the child. This handbook empha- 4. Acknowledge the needs of the child sizes concern for the immediate and victim. future well-being of the child victim. The 5. Continually evaluate yourself and your focus is on obtaining and mrintaining a practices. supportive relationship with the child. To General preparation for the interview accomplish this, the emotional and phys- consists of the continual process of devel- ical needs of the child must be addressed oping communication skills, analyzing as they arise. Police investigators ii - y information, evaluating impressions, need to reconcile this emphasis with a understanding feelings, and becoming prosecution-oriented approach to inter- more knowledgeable about child sexual viewing. Furthermore, it is the investi- exploitation. Specific preparation refers gator's responsibility to validate the to those activities required just prior to child's statement. the immediate interview, such as assess- Note: This handbook is targeted toward ing the verbal ability of the child, deter interviewing the school-age victim of mining the case history, deciding who will sexual exploitation. For the purposes of be present, and choosing the site of the this text, sexual exploitation is used to interview. Following the preparatory mean the sexual misuse of a child for profit stages comes the actual interview, which or personal `advantage that is, produc- consists of beginning the process, obtain- ing pornographic material for barter or ing appropriate information, clarifying as a tool of future seduction, occurring the information, and closing. Finally, the in pornography, prostitution, and child information onizir..?fi must be assessed sex rings. The distinguishing character- for credibility and the child victim given istic of child pornography, as generally final reassurance and support. understood, is that actual children are Experienced investigators will realize photographed while engaged in some form that not much can be done to improve of sexual activity, either with adults or the time-honored investigative ques- with other children. Child pornography tions who, what, when, v ',ere, how, and is pictorial evidence of child sexual abuse. why. The interviewer _must relate the (See also Appendix 1, page 41.)

viii 10 1. The Interviewer's Role

The proper management of an interview should set up a firm interviewing calls for investigators to assess the sit- structure to help the child reestablish uation, formulate a plan of action, enlist control and a feeling of security. the cooperation of the child, provide emo- 4. It is essential for the interviewer to tional support, and address the child's exhibit concern and gain the child's physical trauma. trust before asking him or her to reveal The ability to communicate well is an confidences. Do not, however, exhibit essential element of interviewing. Very so much concern that you encourage basic elements of the communication the child to embellish his or her process are included here to aid in later answers in order to obtain positive understanding of techniques discussed. reinforcement from the interviewer. One communication model sugge;ts three 5. The interviewer should be aware of essential elements: sender, message, and the depth, intensity, and nature of his receiver. The sender transmits a specific or her feelings in order to understand message through verbal and nonverbal, the child's own. Moreover, the burden or behavioral, cuing. The process is effec- of controlling overwhelming emotions tive if the message is received and com- is on the interviewer. prehended as intended. It may sound 6. The interviewer should make sur,! that simple, but in everyday situations with the child is physically comfortable with people, we know that communications can the site and surroundings of the inter- get scrambled. view. 7. The interviewer should make sure that Improving Communication the child understands exactly what is said. The Interviewer's GoalsFollowing are 8. The interviewer should devote full some of the major goals that a good inter- attention to the child, allowing no viewer should focus on: intrusions. 1. Each )erson in the interview may have 9. Do not schedule the interview during different expectations of the inter- the child's naptime, mealtimes, or the view. The interviewer should talk to difficult hours from 5:00 to 7:00 p.m. the child about what to expect and how Showing InterestAnother important part the interview will help. of communication is, simply, to show 2. Each party must feel a part of the interest. This is accomplished as much interview. The interviewer should take by nonverbal behavior as by dialogue. The care that the child does not feel iso- use of "body langt.age" and behavioral lated or misunderstood. cuing can aid the interviewer in keeping 3. Overbearing display of authority is the child in a responsive mood. Key alienating. The interviewer, however, expressions are attentiveness, agree-

1 11 ment, and dismissal. Attentiveness can feelings and behavior, including the dis- be demonstrated by keeping a good pos- cussion of the victimization. In order to ture. Do not get too close to the child, but make the child feel as comfortable as pos- lean forward as if "hanging on to every sible about the interview, the investiga- word." Face the child. Maintain pleasant tor should demonstrate a complete eye contact without staring. Agreement acceptance of the child's feelings. Steady is shown through nodding, smiling, and denial of feelings can further aggravate affirmative exclamations. A show of dis- an already difficult situation. Even bad missal, which indicates lack of interest, feelings are valid and must be accepted should be used with extreme caution, but as genuine. Responses such as "There's it can be effective in redirecting the no reason to be upset" serve no purpose, intervic v back toward the original sub- and they send a message to the children ject. Disinissal is indicated by such actin ris that their feelings are not to be trusted. as leaning back in the chair, dropp:-,ne Recent studies in the trauma of rape vic- eyes, shuffling papers, and so on. tims indicate that if strong emotions are Interest is also communicated by giv- accepted, the victim's sense of control is ing the child a chance to complete what restored. is said. One of the most common errors of interviewing is that the interviewer The last thing the child wants is the tries to talk too much. In certain investigator's philosophizing or pity. Pity instances, the interviewer should refrain further devastates, rapid-fire questions from revealing too much information. raise defenses, change of subject implies And, in some cases, silence is an appro- lack of concern, and most frustrating is priate way of soliciting a more thorough to hear "There's no reason to feel that response. way." What does help is for the investi- Likewise, the interviewer should gator to demonstrate real attention, observe the victim's nonverbal behavior. acknowledge the pain and confusion, and Silence on the part of the child may indi- provide the opportunity for the child to cate that he or she is embarrassed or did talk through the emotion. not understand the question. High What the child really wants is to be mobility could indicate anxiety or understood and believed. This can be exhaustion. Watch for discomfort and deal accomplished by confirming the child's with it as it arises. Do not try to deflect emotions: "I understand you are really emotion---handle it. upset" or "I heap you saying how embar- rassed (hurt, upset) you are." Respond- ing in such a manner lets the child know Dealing with Emotion that you are listening yet, at the same time, because your response is indefinite, The interview with a child victim of sex- it allows the child either to agree with ual exploitation is likely to be laden with your statement or to correct it. This kind emotion. The well-being of the child and of reply is not perceived as an order or proper case preparation require that this as a firm, definite statement of fact, and emotion be acknowledged and handled. it will encourage the child to further dia- Unaddressed emotional issues can block logue. An additional value of this kind of the collection of information critical to response is that it avoids prompting the case planning, child protection, and suc- child or encouraging embellishment of the cessful prosecution. story. This technique of responding is There is a direct link between a child's called reflective listening.

2 12 Reflective ListeningReflective listening own emotions and the mechanisms that is a method of response that consists of are employed to deal with them can taking what is said, capturing the emo- immobili7 2 an otherwise effective inves- tional intent of the words, and reem- tigator. This is particularly unfortunate phasi,.g and restating the emotion. Its the investigation of child sexual purpose is to show attentiveness and xploitatien, in which the interaction sympathy and to respond without mak- between the child victim and the inves- ing a judgment. For example, if a child tigator is so important for the child's suc- says, "I just don't know what to do," the cessful integration of the trauma as well investigator may reply, "This must seem as the development of the case for pros- like a very confusing situation." This ecution. Dealing with the emotions of the response restates, but does not judge, the child victim can pre:. -,:nt a challenge to child's feelings. een the most seasoned investigator. One Reflective listening accomplishes tv,o investigator described an interview to be goals Pirst, the emotion has been focused, "like visiting a funeral homeI just didn't and the (nild has had an opportunity to know what to say." clarify the emotion. Seco, 1, the investi- Reactions to AvoidFollowing are certain gator has communicated understanding. reactions the interviewer may experi- Reflective listening can be as simple as ence that can hinder the development of an "uh-huh," "yes," or an affirmative nod a healthy communication with the child of the head. victim of sexual exploitation: Reflecti' ;e listening is also useful for expanding a frame of reference, reducing The investigator's frustration and confusion, clarifying emotions, develop- resentment over his or her own help- ing feedback, and buying time for the lessness and lack of control interviewer when an extra second is Overzealousness to get the job done needed to handle a shocking revelation (pressure to abtain information and or ;f the interviewer is at a loss for words return to service) and cannot pause tactfully. Minimizing the seriousness of the sit- uation (comparison of the case to oth- ers) The Interviewer's Response Overreaction to victim's misdirected anger (Failure to understand the Many competent investigators are very dynamics of sexual exploitation may uncomfortable in dealing with victims c' cause the investigator to view the child's sexual assault, especially children. EacA. emotions as hostility rather than pain, person, based on his or her experiences, loss of control, or fear.) has certain cultural attitudes. Personal prejudices are unfortunate realities of life. Perceived lack of appreciation on the Myths about offenders and victims of child part of the victim for the investigator's sexual exploitation abound. Further- efforts more, many investigators have devel- Any kind of prejudicesocial, sexual, oped certain expectations about the racial, etc. For instance, investigators behavior of sexual assault victims. Such may have trouble discussing homosex- attitudes make it extremely difficult for ual issues or graphic sexual activitjr. some investigators to talk with child vic- Hardness, cynicism, or mistrust of those tims about sexual assault. who do not conform to the "ideal vic- Being unaware of the depth of one's tim" stereotype

3

13 Display of "graveyard humor" (This may investigators for the investigation of sex be healthy for the interviewer but will offenses and juvenile matters. Regard- almost surely have a negative impact less of the reasons for such practices, the on the child.) sex of the investigator hlittle to do Lack of sensitivity to the serious psy- with establishing a relationship with the chological and emotional trauma of the child victim. Female investigators should child as well as the dynamics of sexual not be assigned to work child sexual exploitation investigation simply because they are Tendency to blame the child or to doubt female. What is important is that the the child's credibility investigator, male or female, have an Display of surprise, shock, horror,or understanding of the dynamics of sexual anger (These reactions will be per- exploitation, skill in communicating with ceived by the child as signs of blame children, an awareness of personal val- and disappr teal, with the effect of sup- ues, a sensitivity to the feelings of otl s, pressing further disclosures.) a commitment to the child as a victim, and the desire to excel in investigation These reactions are defense mecha- of child sexual abuse. nisms on the part of the investigator There may be times when the sex of encountering overwhelming emotions. It the interviewer does impede investiga- is necessary to deal with such reactions tor-victim relations. If this is the case, because of the barriers they create the issue should be addressed openly. If between th( -victim and the interviewer. it cannot be overcome and the resources It must be acknowledged that not are available, obtain an investigator of everyone can function well in the inves- the appropriate gender. tigation of child sexual exploitation. Many people have deeply ingrained pree.)ncep- tions regarding sexual issues, racial Team Interviewing issues, and morality. Others just cannot comfortably relate to children. Some have The team interview provides the means experienced sexual abuse themselves and to elicit information needed by each par- have not successfully integrated the ticipating agency in a manner that sat- experience. Some investigators may not isfies the specific purpose of eachagency. be able to handle the tremendous amount Team interviewing can reduce the need of victim trauma associated withsome of for the child to repeat the account of the these investigations. Because of the experience over and over again. If the importance of the interviewer's role, care luxury of working in teams is available, must be taken to find someone who will the investigator should make an attempt be supportive and caring to the childa to learn a great deal about the partner well as make a strong case for prosecu- his or her concerns, mannerisms, tion. Investigator s and their supervisors strengths and weaknesses. This is espe- should understand that the ihteriew- cially title in the case of police/social er's reactions to child sexual abuse may worker teams, which often are composed significantly impede intervention efforts. of persons with very different work styles and objectives. Note: There are over 900 Male or Female Investigator? police/social worker teams in operation throughout the United States. Many investigative agencies have set- Working in the police/social worker tled into a tradition of ti:7 female team, the law-enforcement officer can

4 14 concentrate on an impartial and detached teams depends on developing a frame- assessment of the case, while the social work of objectives for both parties prior worket can focus on counsel and comfort to the interview. Set up a written pro- of the child victim. Even though the social tocol that details what information is service professional may do the inter- required by each participant and whether viewing and provide the proper support there are any evidentiary restraints on systems for the child victims, care should obtaining the information. The ent're be taken that the law-enforcement inves- process should focus on the best interests tigator lead the investigation through- of the child victim. Take care that the out all stages. interview process does not overwhelm the The success of police/social worker child.

15 2. The Child Victim of Sexual Exploitation

The stage of development that the child child develops emotional bonds outside has reached at the time of the interview, the family. Behavior in the small child is as well as the particular stage of devel- often extroverted and impetuous, with opment at the time of the incident, has little internal or external control. Emo- a great impact on how the child perceives tion is expressed through behavior rather the exploitation. The investigator should than language. When the child is stressed have knowledge of the development of or highly anxious, he or she will be the cognitive processes in children. extremely mobile. As the child matures, Although it is true that no two children internal control begins; furthermore, the develop at the same rate and that two child becomes more aware of external children of the same age may differ in controls and begins to establish a sense physical, intellectual, and emotional of autonomy. (See also chart on page 9.) maturity, a general knowledge of what children are like at given stages is help- ful to the investigator in developing an Dynamics of Sexual Exploitation interview strategy and evaluating the results of the interview. Sexual exploitation does not always pro- duce the same emotional reactions in each victim. The coping mechanisms that the Developmental Stage of the Child child has acquired from other life expe- riences most likely will be the same ones A child's cognitive growth develops grad- employed in this crisis. The child may be ually from the pre-conceptual, intuit; ..: panicky and uncontrolled, or just the thinking of the young child into a con) opposite. The coping mechanisms of the prehension of abstract concepts. The, child may be tears, trembling, tension, concepts of time and space start as indi- restlessness, depression, withdrawal, vidualized notions and gradually mature silence, nervous laughter, or a normal into the adult concepts of chronological recital of the experience. order and geographic location. Emotion- The investigator should recognize that ally, the young child perceives himself as anxiety has a disruptive effect on normal the "center of the universe." He or she cognitive and intellectual functioning. depends on the family to meet all needs When high anxiety is present, the inves- and freely concedes all authority to adults. tigator can expect the child to have dif- The child will often mirror the emo- ficulty in perceiving and remembering tions of parents and close family mem- details and in recounting those details. bers. As the child develops, this reliai.ce This same phenomenon can offer an is shifted to peer relationships, and the explanation for those situations in which

7 16 the victim's account of the incident may of the family. Accordingly, denial is almost change as the vic'qn becomes more capa- always the initial response. ble of dealing with emotions and anxiety Likewise, the investigator should be lessens. There is great value in address- aware that, even after proper prepara- ing the child victim's emotions as they tion, the child who makes a disclosure arise, for the child's sake as well as the may be so anxious about the confession successful resolution of the case. that he or she recants. It is important The characteristics of the exploitation that the investigator encourage family affect the child's perception of the abuse and agency support for the child under and, to a large degree, determine the stress. child's response. The closeness of the child's relationship with the offender, the Juveniles as Witnesses duration of the offense, the amount of secrecy surrounding the offense, how such Juveniles can be excellent witnesses. The secrecy was induced, the manner in which interviewer of children, however, must the child tried to tell about the incident, scrupulously evaluate the information and the way the information was received gathered and assess the credibility of the are also ff. -tors that affect the child's witness. As a general rule, juveniles are response. Vurthermore, the child may much more observant than adults. Usu- have ambivalent feelings toward or be ally, boys tend to be better observers of dependent on the offender. mechanical or physical things, such as It is vitally important for those per- cars, cycles, boats, and weapons. Girls, on sons involved in the investigation of cases the other hand, tend to be more often of exploited children to understand that interested in people and their environ- a strong bond often develops between the ment. Such categorizations have always child and the adult offender. The pref- been weak, though, and are changing erential child molester (pedophile) is very more as societal roles are in flux. good at obtaining cooperation and gain- A problem that may arise with juve- ing control of the child through well- nile witnesses is their lack of experience planned seduction processes that employ with concepts or reasoning, which may adult authority, affection, attention, gifts, cause misinterpretation of an event. Also, or threatseither articulated or implied. children may be more easily pressured (See also Appendix 2, page 42.) into embellishing a story in ordc- to win Quite often the child is fearful of the the approval of the interviewer. You may consequences of reporting the offense. He want to explore the witness' resistance or she may feel that reporting the inci- to suggestion. dent would disrupt the family structure, It is of the utmost importance for especially if the offender is a relative or investigators of child exploitation cases friend of the family. Parents normally to realize that the young child's percep- reject the suggestion that someone they tion of the sexual event mirrors what he trust has betrayed them. Their skepti- or she has been told by the adult offender. cism and shock convey a threat of disbe- The misperceptions are supported by the lief, disapproval, mistrust, and with- environment of secrecy and isolation that drawal of affection. This is very fright- ordinarily surrounds the event. ening to the young child, who has so much Photo SpreadsIn dealing with cases of reliance on the family. Often the child sexual exploitation of children, the inves- fears or has already encountered disbe- tigator is usually faced with multiple child lief or blame for the act or the disruption victims and, many times, multiple adult

8 17

4,- perpetrators. Often with young victims of the suspect), with the qu,3tion"Do you the investigator needs to be sure of the see anyone in these pictures whom you awareness, perception of detail, and know?" Such allows the child to pick out judgment of the children as witnesses in a known person. Second, show a spread identifying suspects. Care must be taken that includes no one known by the child, to avoid playing into the child's natural with the same question, to determine if state of suggestibility in making state- the child will use sound judgment in ments or identifying suspects. rejecting choices that are in fact unknown. In using photo spreads, the investi- Finally, show a spread in which the sus- gator may find it useful to use a three- pect is shown, with the same question. step methodology. First, show a spread Such allows the child to identify the sus- including the child's mother or other pect in a scenario that has already built family member (of the approximate age the child's credibility as a witness. Developmental Stages of the Child

INTELLECTUAL EMOTIONAL SOCIAL Birth-2 years Unable to form concepts Cries when wet, hungry, frustrated, orPrimary source of Distinguishes "me" from "not me" in pain socialization is Memory development Learning to trust others family Self-centered Most important person is mother or caretaker Poor defenses against anxiety: crying, biting, throwing objects, rocking, thumb sucking, security blanket 2-4 years Development of language Learning independence Primary source of Imaginative behavior Dressing, feeding, and washing self socialization is Learns through play Needs structured situations family and Intellectual growth develops through Needs outside control and limitations peers gathering information from senses but also some freedom to explore and the environment Magical thinking (believes if one wishes something, it will happen) 4-7 years Fills gaps in knowledge through Learning initiative Primary source of questioning and experimenting Wants wishes met immediately socialization is Ability to make judgments through family and primitive problem solving peers 7-12 years Sees others' viewpoint Developing sense of independence Primary source of Still concerned with the present, Cooperates with and understands socialization is difficulty in projecting into future treatment efforts, with simple family and Operates on trial-and-error basis explanations peers Has developed some defenses to cope with anxiety 12-18 years Understands cause and effect Striving for independence from familyPeer group exerts Considers possibilities without (parents target of this conflict) strong pressure experiencing them Body image is important Prone to taking Not bound to what one can see and irresponsible touch risks Adapted from Blake, Wright, Waechter, Numing Care of Children (New York Lippincott, 1970)

9

18 3. Preparing for the Interview

Before interviewing the child victim of (In cases in which the offender is a sexual exploitation, the investigator member of the family, determine should be fully prepared by gathering as whether the child or the offender will much information as is already avail- remain in the home.) able. Thoroughly review information 4. Custodian of the child, and best way about the victim, his or her situation, the to contact custodian offender, the nature of the offense, and 5. Identification of the suspected the circumstances of the offense. Such offender data, of course, can come from many sources, but a primary source is whoever 6. Offender's relationship and duration brought the information to official atten- of relationship to child tion or the person to whom the child has 7. Offender's access to child made a disclosure. In instances in which 8. Name, address, and method of con- the child has not made a disclosure, pri- tacting potential witnesses mary sources may be those who have had 9. Present condition of the child close contact with the child, such as par- ents, teachers, school counselors, or social 10. Identification of any other victims or workers. In this particular stage of col- potential victims lecting information, the investigator must Such information is not only useful in be mindful of the confidentiality of the preparing for the interview but is required situation and of the need to protect the for tactical case planning, which must victim against embarrassment. Since include provisions for the protection of interviewing one victim may lead to iden- the victim. tification of other potential victims, con- It is helpful to know how the original fidentiality is also important to avoid information that has led to this stage of cross-contamination of emerging evi- the investigation was developed. Ques- dence. tions to elicit such information follow: 1. Has the child reported the situation Reviewing Preliminary Information to family, friends, teachers, or anyone else? Following is a list of the preliminary 2. What triggered the report: a TV pro- information to be gathered before the gram, behavior problem, family con- interview: flict, direct questioning? 1. The full name of the child and what 3. What were the exact words the child the child prefers to be called used to disclose the abuse? 2. Age and developmental assessment 4. How was the report received (shock, 3. Address or current lotion of the indignation, blame, shame, ',:hreats of child, and best way to jontact child retribution, and toward whom)?

11

1.9 5. How does the child feel about the abuse, ment to the case. (See also Appendix 3, about the offender, about the reaction page 43.) of the family, and about his or her per- sonal safety? 6. What does the child want tosee hap- The Medical Examination peni.e., his or her personalcon- cerns? Another important concern in cases of 7. Is the child displaying any behavior child sexual exploitation is the physical that may be associated with trauma well-being of the victim. Is the child expe- (frustration, acting out, depression, riencing physical trauma? Has the child sleep disturbance, withdrawal, been examined by trained medical aggression, self-destructive acts, sex- authorities? Any child sexual assault vic- ualized approaches to others)? tim who has experienced physical intru- 8. How many people have talked with the sion into any of the body cavities must child about the abuse? be examined by a competent medical authority and tested for venereal disease The responses to such questions will and, with older girls, the possibility of help the investigator evaluate how best pregnancy. The results of the examina- to form an effective relationship with the tion may also be used for evidence. The child and establish the child's attitude interviewer may wish to remind the med- about the incident. ical authorities to consider penetration The investigator should also evaluate of the anus even when the victim has not the child's verbal skills, reading ability, admitted to it. Victims have a great deal normal range of behavior, memory, and of difficulty telling about anal penetra- past sexual experience or sexual knowl- tion and may only tell about it after the edge. This information may be available opportunity to gain medical evidence has from social service agencies that have passed. dealt with the child. Otherwise, the infor- A medical examination is a very sen- mation may be obtained from the child sitive issue. Approach the subject gently. at the beginning of the interview. Otherwise, you will create a traumatiz- ing situation for the victim and a serious impediment to communication. Consider The Child's Family the age of the victim. With an older child, there is nothing wrong with openly dis- Prior to the interview, the investigator cussing the possibilities of venereal dis- should develop a healthy and positive ear and pregnancy. The subject of pos- relationship with the child's parents. This sible evidence from the examination is needed to ensure the long-termsup- should also be handled tactfully. Rea-,ans port necessary throughout the period up such as "our policy requires" or "we need to and including a criminal prosecution. proof" are inappropriate. The first reduces Prepare to familiarize the child and the the victim-investigator relationship to an family with the steps in a criminal pros- impersonal level and implies that the ecution, the techniques used by defense examination is just another part of the and prosecution, and the decorum of the job. The second reason appears to chal- court. Such briefings should be positive lenge the credibility of the victim. Also, and realistic to prepare both child and the investigator should fully explain what family for the long process ahead of them will occur and should be supportiv(?, of the and to ensure their continuing commit- child throughout.

12 20 Others Present During the Interview In the author's opinion, it is better not to attempt to .-ecord an initial interview The number of people present during the using audiotape or videotape because of interview is often a critical issue. In most the great length of time and the ram- circumstances, two people should be bling nature of exploratory conversa- present. This allows one person to con- tion. Furthermore, the private nature of centrate on the conversation and the a conversation that comes to grips with other to evaluate the exchange. Only one the child's feelings toward self, family, person should pursue a particular issue and others should not be available for at one time. The investigator must decide subpoena. The investigator should also whether to include a parent in the inter- be aware that quite often during this kind view. In the author's opinion, it is better of interview, information may be devel- not to include the parent in the inter- oped regarding more than one suspect, view, particularly when the child is older. and premature disclosure of such infor- A possible exception is the case in which mation could be harmful to future pros- the child has openly discussed the situ- ecution. ation with a parent and that discussion During a later interview with the child, has not had a negative impact on the child. in which conversation may be specifi- Even then, it is likely that the child has cally directed, a tape-recorded or video- tried to protect the parent from the full taped discussion may be very beneficial extent of the abuse. A sensitive inter- to prosecution. Whatever method is used, viewer will not only learn more from the however, be sure the child understands child alone but will be able to help the what is occurring, and be careful that the child by offering to share the mere process does not become a distraction or embarrassing details with the parent;,. inhibitor to the interview. Note: It is best t_ develop an agency policy defining proper recording and to protect that pol- Decision to Record icy against defense demands for video- Since it is possible that almost any kind taping or whatever exposure will be most of information collected might prove use- intimidating to the child. ful in the future, it is important that some sort of documentation be made of every interview conducted. Several methods are Selecting the Interview Site available, such as note taking, audiotap- ing, videotaping, and post-interview syn- Selection of the interview site is a critical opsis. Prior to the interview, make a deci- decision in the interview process. Both sion about which recording method suits the interview site and the pre-interview the needs of the case. The investigator setting can significantly affect the should decide how to record the inter- responsiveness of the child. Some inves- view after analyzing the effect of state tigators suggest that the most comfort- rules of criminal procedure on discovery, able place for the interview is at the child's privilege, and evidentiary use of video- home; however, it is suggested that this tape as well as any statutory provisions may not be the case when interviewing for confidentiality imposed on any of the a child who has been sexually exploited participating agencies. Consider also the at home. Experience has proved that effect of the choice on the victim; his or effective interviews can occur in many her behavior fir responses may be affected places, such as in playgrounds, automo- by the method of recording. biles, walking around the block, and so

13

,.. 2 1 on, bat it is recommended that the inves- position himself close enough to the vic- tigator have a separate room designed tim to facilitate touching, if required, but specifically for the purpose of interview- not so close as to invade personal space. ing a child victim. The positioning should not make the child A child likes to be flexible 'and may feel trapped, threatened, or insignifi- behaviorally express a need to be mobile. cant. This should be allowed by nonrestrictive The site must also be private enough positioning of the child in an area that to minimize interruptions, which can will allow a good degree of movement, divert the child's attention or increase has comfortable seating, and contains age- tension in an apprehensive child. The site appropriate diversions. Drawing mate- should be free of distractorsbut not rials and coloring books are excellent for stark. Particularly inappropriate are younger children and may also provide gruesome posters, photographs, or items an opening for the interview. The actual using "graveyard humor." Intense and interview room should be comfortable and harsh or morbid and dark colors should absent of authority symbols that increase be avoided. Remember that the design distance between child and interviewer. objective of the interview room is to pro- Physical barriers psychologically dis- vide a space to facilitate free, open con- tance people and can intimidate chil- versation with a child victim in a com- dren. The investigator should strive to fortable, supportive environment.

14 22 4. The Interview

It is vitally important to establish a non- a time to obtain those pieces of infor- threatening, sincere, cordial, and non- mation not available in the preparation judgmental relationship with the child stage and to evaluate the ability of the victim from the very start. The inter- child to communicate. The investigator viewer should be aware of the child's dif- should note "body language" and become ficulty in discussing exploitation with an aware of the child's sensitivity to certain adult authority figureparticularly in issues. During this time the investigator those situations in which the child should demonstrate that he or she is believes he or she shares some blame for comfortable with what the child says and the exploitation. Note: For an excellent how it is expressed. Then, the investi- discussion debunking the notion that gator should slowly make a smooth tran- children are responsible for their own sition into asking more relevant ques- victimization, see Mary de Young, tions about specific details. "Counterphobic Behavior in Multiply Throughout the interview the inves- Molested Children," in Child Welfare, Vol. tigator should make no judgments about LXIII, No. 4 (July-August 1984), 333-339. the child, the offender, or any kind of Keep in mind that you must contin- activity described. At some later point it ually assess the child's credibility and may be appropriate to express emotion, search for corroboration throughout the but before the investigator understands interview and subsequent investigation. how the child feels, a judgmental reac- Although the rules of evidence are tion may have a negative effect on the changing to delete any requirement that child and very well may terminate the there be corroboration before a child's interview. Reflective listening skills, testimony can be presented, in actual fact again, are a good way of clarifying such it is still difficult to obtain a favorable emotions (see page 3). decision in the courts without such evi- The Proviso At the beginning of the dence. interview the investigator may want to introduce a "Proviso"a document that states that anything the child says con- Beginning the Interview cerning the exploitation will not be used in any way to prosecute the child victim At the beginning of the interview, much (see Appendix 4, page 44). This document time should be spent in "conversational is signed by both the investigator and visiting" with the child, discussing famil- the child and then given to the child. This iar and non-threatening subjects in a very simple, for1 gesture has some very informal manner. This eases the child's positive benefits as well as legally restricts anxiety, puts the child in a responsive the use of any information developed that frame of mind, and helps accust,m the may harm the child. The youth is given child to answering questions. This is also a feeling of worth and a sense of control

15 over what is occurring, and he has some- to "show and tell" graphically what thing tangible in his possession for reas- occurred. They are designed to simplify surance. On several occasions the author the interview process by clarifying any has observed a child, during a particu- language problems that might exist and larly difficult part of the conversation, by providing a medium for demonstrat- look at or touch the Proviso, and then ing visually what is too difficult to express continue talking. Understandably, some verbally. police officers may have some reserva- Some training is necessary to utilize tions about such a document, but exam- the dolls effectively. The first step is for ining the philosophy of the child victim the investigator to become comfortable in sexual exploitation cases, understand- with the dolls. Any discomfort on the ing the necessity of building trust with investigator's part will be sensed by the the youth, realizing the ploys used by child and may affect the interview. offenders to entrap child victims, and The best way to start is to sit down knowing the emphasis placed on such with a group of coworkers and undress investigations may help overcome res- and dress the dolls. Try to recall diffi- ervations. culties that you have encountered in past Should the investigator decide to use interview situations. Practice using the a Proviso, care should be taken to comply dolls to overcome those problems. For with local statutes and federal court rules. example, one problem that could occur is Be sure to consult with the prosecutor, that a child may feel too old to use the the district attorney's office, and your dolls or may be embarrassed by them. A department head. reasonable response to such a situation may be to set the dolls aside but to keep them accessible, should the victim change Anatomically Correct Dolls his mind. One of the difficulties in interviewing the Using Anatomically Correct Dolls Some specific suggestions for using the dolls sexually exploited child is to encourage are the following: the child to discuss the specific details of the abuse. Often children lack the ter- Treat the dolls seriously when working minology to discuss sexual matters, or with them. They are professional tools they may be reluctant to do so. The use not toys. Make sure to determine of anatomical line drawings or anatom- beforehand any cultural aversion to ically correct dolls may be useful in these using these kinds of dollsparticularly cases. Note: Examples of anatomical line in Native American children. drawings may be found in't. Nicholas If it is necessary to explain the use of Groth, Anatomical Drawings: For Use in the dolls to the child's parents, do so the Investigation and Intervention of Child privately to avoid possible prejudice of Sexual Abuse (Newton Center, Massa- the child. chusetts: Forensic Mental Health Asso- Introduce the dolls according to the age ciates, 1984). of the child. For an older child, it is Anatomically correct dolls are male and proper to say, "These are tools I some female dolls realistically designed with times use to make it easier for you to all body parts, including genitals. If prop- describe what happened." For a smaller erly used, these dolls can be a valuable child, say, "These are my dolls." (Give tool to facilitate communication with a the dolls to the child.) "Do you have any child victim. Such dolls allow the victim dolls?" (Be prepared for the child to

16 24 undress the dolls and react to the gen- Questioning the Child Victim of itals.) "How are my dolls different from Sexual Exploitation yours? Can you show me the differ- ence? What do you call this part of your When beginning to question the child body?" (It is important at this time to about the sexual exploitation, the inves- point to several body parts in addition tigator should make sure that the lan- to the genitals. This will help to eval- guage used is simple and non-judgmen- uate the child's verbal skills.) tal. Be alert to signs of confusion or inap- Also use the dolls to establish the child's propriate repl'from the child. Try to ability to recognize color by asking determine if the child truly understands "What color is this?" (pointing to var- what you are asking. ious items of clothing). The investigator should never attempt Use extreme caution in "naming" the to obtain the answers to a question by dolls. Only use the child's name and the threat, intimidation, or coercion. To do so name the child calls the offender. Intro- will jeopardize any relationship that has ducing other names for the dolls could developed and may result in the child be construed as fantasizing by a defense viewing the investigator as just another attorney. adult manipulator whose interest is not Avoid any misleading -reference to the in the child but in obtaining the answer "offender" doll, such as "the bad guy," to a question. "the creep," or "the nasty man." The One of the unfortunate characteristics defense may argue that you suggested of sexual exploitation that may become the concept of the suspect as a bad man. a real hindrance to the investigation is that the offender usually has established Similarly, avoid using any form of dia- a bond or secret pact with the child, logue between the dolls. The defense whether through affection, coercion, or may accuse you of leading the witness guilt. Such a bond is a source of trauma or suggesting situations. It is appro- for the child and may inhibit the child priate, however, for you to ask the child from disclosing what has occurred. The what the dolls said to each other. investigator must make a conscious effort It is best to let the child play with the to make the child understand that he or dolls without prompting but with she can freely talk about the exploita- observation. Follow up by asking the tion. child to furnish details on what was Effective questions, of course, are the demonstrated. primary tools of the interviewer. The Anatomically correct dolls are an interviewer's questions should be as pre- investigative aid and should comple- cise and relevant as possible. Keep them ment, but not replace, good interviewing simple, direct, and open ended. Complex, skills. The dolls may allow a young victim multi-directional questions lead to con- to demonstrate or verbalize what fusion and misunderstanding. Such occurredperhaps for the first time questions may also elicit unintentionally thereby exposing a trauma that has been false responses. Questions requiring a yes cloaked in secrecy for too long. This should or no answer should be used mainly for facilitate further discussion of the expe- clarification and summation. Make sure rience. The objective of the interview is to consider all the sexual exploitation for the investigator to assist the child in offenses, not just the ones the child is verbalizing the exploitation in a healthy willing to admit to at the moment. As for way. actually obtaining a statement about the

17

25 incident, the traditional questions are still involved in or present during any of perhaps the best investigative tools to the acts, and attempt to identify usewho, what, when, where, how, and them. why. The answers must be obtained in a 11. Determine if the child knows any manner that is both sensitive to the needs other adults who participated in the of the victim and responsive to the legal acts or associated with the offender. requirements for use in case prosecution. 12. Determine if the child has been vic- Important Information to Obtain The timized by other persons. investigator should have a firm idea of 13. Ask if the offender went to the child's what information is needed from the home or called the child on the phone. interview. The specific and complete 14. Ask the child if he ever gave his name, details of a crime must be obtained before address, or phone number to the a prosecution can be initiated. Therefore, offender and, if so, how the offender the investigator must be thoroughly recorded it. knowledgeable of the statutory require- 15. Determine if the child saw other chil- ments for specific offenses relating to child sexual abuse prior to the interview so dren give such information to the that the interview will successfully reveal offender and, if so, how it was all the elements required for prosecu- recorded. tion. Guidelines for obtaining important 16. Ask if the offender has a diary or information from the interview follow: computer. 1. Obtain a description of the offender 17. Ask if the child played with any toys in as much detail as possible, even if or books at the offender's home and, the offender is known by name. if so, obtain detailed descriptions. 2. Obtain a description of the offender's 18. Determine if the child left any per- clothing, vehicle, or house. sonal belongings in the cffender's possession. 3. Determine the number of and spe- 19. Ask if the offender gave the child any cific acts committed by the offender. gifts. 4. Determine how the offender induced the child to perform or submit to such Many other questions may also be acts. important to a specific case, but those 5. Attempt to pinpoint dates and times. mentioned above have a particular rel- 6. Determine if pornography or erotica evance to all sexual exploitation cases. was present or was used and, if so, These kinds of questions assist in obtain- what kind, how much, and where it ing information for a search warrant and was kept. may serve to corroborate a victim's 7. Determine if drugs were used and, if account of the incident. Also, a special so, what kind and where they were effort should be made in every interview kept. to identify other victims or offenders. With children who may have to undergo 8. Determine if the child was photo- a competency hearing before being per- graphed and, if so, what kind of cam- mitted to testify, an additional question era was used and where it was kept. may be in order. Ack if the child knows 9. Ask if the child saw photos of other the difference between the truth and a children, and obtain their descrip- lie. You do not need to use a dictionary tions. definition. You can say, "If I say it is rain- 10. Determine if other children were ing in this room, is that the truth?" Then

18 26 ask the child if what he or she has told question reinforms guilt and is often more you today is the truth. difficult for the child to respond to than "Did he put his penis in your mouth?" Questiori .g Techniques: When? The Both questions refer to the same act of investigator e. ,uld be cautious in asking oral sodomy, but the rephrased question "when" questions. Repeated verbal emphasizes the action of the offender, not rounding regarding specific times may the action of the child. Similarly, avoid prompt the child to provide unintention- direct "why" questions, since they place ally false respunseg or to perceive that an accusatory burden on the child. he or she is not believed, thereby increas- ing anxiety. The child's re. ponses to "when" questions depend upon the stage Closing the Interview of the child's development (both at time of incident and time of interview), the At the end of the interview, spend some time between the i. lident and the inter- time hi determining how the child feels view, and the nu giber of occurrences about the situation and his or her con- (multiple incidents tend to merge into an cerns, fears, and future expectations. It almost indistinguishable mix). is of extreme importance that no prom- Young children have difficulty in ises be made that cannot be fulfilled. Do describing dates and times it an adult not allow the child to leave the interview framework. For instance, the abstract with an unreal expectation of what you nation of "August 12, 1986" is difficult for as an adult authority figure are going to the child to conceive, but "the day you do. Reaffirm that the child 's not to blame got your shot at the hospital" is not. Older for what happened. Emphasize that the children can usually provide reliable child did the right thing by disclosing the information about dates and times. A abuse. useful technique to r stain reliable "when" Make sure to close the interview on a information from children is to associate positive. supportive note. The child must the incident with familiar events: holi- clearly uncle! ...And that he or she -;an days, the child's birthday, the birthdays call you as needed for support or reas- Gf family members, the school year aad surance. gr.1e level, seasons of the year, and ,pe- cial events within the family. You may Conclusion want to focus on some important event in the community and then build a time Although the interview is fundamental frame around that event. Similarly, you to the investigation of child sexual can establish time fram.)s by referencing exploitation, it is only a small part of what the incident to known events in the child's must be done for successful case conclu- day, such as getting out of school, meal- sion. The information contained in this times, television shows, bedtime, .-; go h...ndbook can help investigators inter- on. view child victims effectively. It is the Questioning Techniques: Do Not Imwy investigator's responsibility to use the blame Ask questions in a manner so as information in the best interests of the not to imply blame or active participa- child. ti an on the part of the child. For instance, The investigator must use every legit- the questior "Did yGu put his penis '.n imate technique to validate the child's your mouth?' implies active participa- statement independently. "Proof beyond tion an the part of the child. This kind of a ream nable doubt" should be the cri-

19

-1 27 tenon for presenting a case forprose- law-enforcement and the social services cution. Ideally, such a wealth of evidence agency, based on the determination that should be available thatno doubt is cast the elements of the offense can be proved on the child's statement; however, in and that prosecution will not havean reality, only in very fewcases does phys- adverse effect on the child. The decision ical evidence of sexual abuse support the not to prosecute does not imply disbelief child's statement. More commonare cases of the child, however. in which there may be corroborating In some situations it may become nec- statements of witnesses. In some cases essary to doubt some portion or all of the there may be no witnesses but, rather,a victim's account of the crime; simply pattern of incidents of a single offender because some parts are false, however, with multiple victims. Inmore difficult does not mean that all facts are neces- cases there may be no physical evidence, sarily false. It is the author's opinion that no witnesses, and no pattern of incidents. the child victim should be believed until The decision to presenta case for pros- it can be proved that the event could not ecution should be a joint decision of both have occurred.

20 28 Special Cautions in Investigating Ritualistic Child Sexual Abuse

In the past few years a curious amount allegations must be carefully, systemat- of attention has been paid by the media ically, and fully investigated. With the to the ritualistic sexual abuse of chil- objective of corroborating the child's tes- dren, often focusing on alleged satanic timony, the investigator should employ and cult symbols, paraphernalia, and case-handling techniques similar to those bizarre activity. Such media focus has in criminal conspiracy cases, with often created a climate of public anxi- emphasis on a search for physical evi- etyanxiety that has culminated in law- dence. Just as child erotica may provide enforcement agencies being asked for corroboration and substantiation of a specific community crime prevention mid pattern of adult desires and behaviors enforcement. Sometimes even seasoned toward children in the case of a child investigators have discovered that inad- molester, cult and satanic symbols, par- vertently their fact finding takes second aphernalia, and bizarre activity may be place to assessing flashy ritualistic sym- used to corroborate and substantiate the bols, paraphernalia, and bizarre activity. ritualistic sexual abuse of children. The The investigation of incidents of child acts charged for prosecution in each are sexual abuse involving ritualism, usu- the sex crimes, and such should be the ally in daycare, neighborhood, or extended prime focus of the investigative effort, family settings, must be treated the same not the child erotica, rituals, cults, satan- as the investigation of any other serious ism, or bizarre activity. crime. While not always possible, a prime S.S.A. Kenneth V. Lanning suggests investigative objective in all cases of child that the investigator constantly be aware sexual abuse should be the corroboration that 1) almost anything can happen, of facts in order to eliminate the neces- 2) each act alleged may not have hap- sity of the testimony of child victims in pened, and 3) because one act alleged did open court. Corroboration is particularly not occur does not mean that another act important in cases of ritualistic child alleged did not occur. Since dependence sexual abuse for which the common ele- cannot rest only on having "details" as ments are 1) multiple young victims, the criteria for truth, attention must be usually of preschool age, 2) multiple focused on the determination of the con- offenders, 3) fear as the primary con- sistency and credibility of victim chil- trolling tactic, and 4) bizarre activity. dren via interview and assessment of those Should the case also involve a non- childrennot only in the present setting custodial parental kidnapping or custody but also before, during, and after the dispute, it will be further complicated and alleged crime. more difficult to investigate. It must be understood that children, In cases of ritualistic sexual abuse, all deper ling on their age and developmen-

21 29 tal maturity, mentally process traumatic with investigators and prosecutors as well events with more difficulty and more as psycho-social experts in the field of incompletely than adults and may incor- assessing traumatized children or those porate misperceptions, confusion, or fears who have a demonstrated record of into their accomodation and later treatment with multiple child victims of accounting of the events, particularly if ritualistic sexual abuse. Law-enforce- drugs were used. Cage should be taken ment agencies 'should prepare contin- to maintain separate interviewing and to gency plans for the handling of ritualis- avoid social interaction or intermingling tic child sexual abuse cases, giving par- of these young victims to preventcon- ticular attention to the stress that is likely tamination of testimony. The investiga- to occur on manpower, resources, spe- tive team ideally should include a law- cialized training, and social servicesup- enforcement investigator, who leads and port systems. manages the investigation, and a social Only competent investigation can pro- service professional, who may lead the tect children by providing them the abil- actual interviewing process and provide ity to reveal their abuse and their abu- social service support systems. sers with credibility and support. Investigators should try to secure con- sultation from departments that have John B. Rabun, Jr., ACSW successfully managed ritualistic child Deputy Director, Technical Assistance sexual abuse cases. It is essential to talk NCMEC

30 Considerations in Obtaining and Using Expertise Search Warrants in Cases of Preferential Child Molesters

The premise inherent in this chapter is able to predict, with some certainty, the that certain individuals in our society are existence (and possibly the location) of (for whatever reason) attracted sexually certain kinds of evidence based on a full to children. These individuals may vio- and complete understanding of these late the mores of our society by initiating behavioral patterns. sexual contact (of whatever variety) with For example, just as specially trained a child as a partner. Not all sexual offend- and experienced narcotics investigators ers prefer sexual contact with child vic- may be able to predict that a known dealer tims. Indeed, not all child molesters pre- in narcotics is likely to possess narcotics fer children as their sexual partner. For paraphernalia, packaging material, cut- example, a convicted child rapist may ting agents, etc., experts in child moles- have selected a child victim merely tation investigating a case of a sexual because the child was available and vul- offender whose preferred sexual part- nerable. ners are children may be allowed to pre- The Preferential Child Molesters have a dict that this sexual offender may pos- definite sexual preference for children. sess and use child pornography in order Their sexual fantasies and erotic imag- to seduce the child selected as his (or her) ery focus on children. They have sex with next target. The child molestation expert children not because of some situational may further be able to predict that this stress or insecurity but because they are offender will have taken (and kept or sexually attracted to and prefer chil- secreted) pictures of his past (and pres- dren.Kenneth V. Lanning, Child ent) sexual partners. These photographs Molesters: A Behavioral Analysis (Wash- ington, D.C.: National Center for Miss- may include several of the children ing and Exploited Children, 1986) engaged in sexual activity that the molester will use either to blackmail the It is further the premise of this chapter child into continued silence about the that those sexual offenders who do pre- molestation, to arouse the molester, to fer children as their primary sexual part- arouse the child, or to lower the inhibi- ner frequently display certain beLav- tions of other potential child sexual part- ioral characteristics. These behavioral ners by showing them that other chil- characteristics are displayed so fre- dren participate in this kind of activity. quently within this population of sexual By applying expert knowledge and offenders that specially trained and experience to the facts of a case under experienced law-enforcement officers, investigation, the investigator should be psychologists, psychiatrists, etc., may be able to increase the scope of an investi-

23 '31 gation, focus on additional questic, is to tern. Application for issuance of "pedo- ask the known child victims, and target phile search warrants" in cases in which additional items of evidence for further the suspect does not prefer children as investigation and consideration. If the the primary sexual partner- may result investigator knows that child molesters in the investigator finding few of the who prefer child sexual partners fre- described items. A magistrate who is quently molest many children, the inves- asked to issue many search warrants that tigator may then consider the need to ultimately prov- to be unproductive may talk to other children who may also have begin to question either the affiant's been victimized by this offender. If the expertise or (worse) the validity of the investigator learns that preferential child entire behavioral analysis. molesters frequently utilize computer Therefore, caution is urged in the use equipment to store information about of the expertise warrant. Do enough their sexual relationships with children investigation to establish that the sus- or to communicate with other preferen- pect is a preferential child molester. Fur- tial child molesters via a "computer bul- ther, corroborate the predictions in the letin board," the investigator may want behavioral profile with facts garnered in to expand the scope of his or her inves- your investigation of the particular sus- tigation to include possession and use of pect. (See also Appendix 2, page 42.) computer hardware and software by the Also, be careful in your selection of an suspect. expert affiant. Your expert must have Search warrants are a significantly sufficient expertise to be able to make underutilized investigational tool in child valid judgments about whether or not sex crime investigation. The officer should your suspect is indeed a preferential child be alert for ways in which to broaden the molester and what behaviors (and there- scope of the investigation in many ways fore evidence) one can predict a prefer- and should consider the possibility of ential child molester to possess. Attach- pursuing evidence from a search war- ing a copy of a behavioral analysis of child rant (traditional or expertise) or an molesters to a copy of your affidavit con- otherwise authorized search in every case. taining case facts is not recommended It is not within the scope of this chap- because the expert has not considered ter to conduct a full analysis of the vari- the facts of your particular case and ety of sexual offenders or paraphilias that determined that your suspect is likely to have been identified, analyzed, and clas- be a preferential child molester. (Provid- sified in the psychological literature. It ing your magistrate with additional edu- is further not within the scope of this cational materials on the general subject chapter to reprint a full behavioral anal- is permissible, however, if acceptable to ysic of child molesters. (Additional read- your magistrate.) ings are listed in the back of this chap- Some additional cautions may be nec- ter.) It is, however, important to begin essary. The terms pedophile and pedo- this chapter with an understanding of philia are psychological or psychiatric the limited nature of the so-called "pedo- diagnostic terms with specific meanings phile search warrant." within those professions. For example, Sexual offenders who are not child some psychological or psychiatric profes- molesters are not likely to fit this behav- sionals differentiate between pedophiles ioral pattern. Indeed, child molesters who (those who prefer pre-pubertal children) do not prefer children as sexual pa,-.- from hebephiles (those who prefer post- are not likely to fit this behaviorsat- pubertal children). Although it has

24 32 become common in police jargon to refer port an inference that defendant accually to both of these offenders generally as possessed the "personal diary nota- pedophiles, use of professional diagnostic tions" or "writings" listed in clauses two terminology in legal proceedings has and eight of the warrant.... resulted in challenges to the expertise of Peo. v. Frank, 38 Ca1.3d 711, 728 (1985) the investigator. Accordingly, it is rec- (Death penalty sentence reversed.) ommended that law-enforcement offi- The officer should also take into account cers avoid the use of such loaded psy- when reading this chapter that these chiatric terminology. materials were drafted with a national The materials contained in this chap- audience in mind. The laws and rules ter are not intended to be duplicated and listed herein are reflective of the general used as a fill-in-the-blank model warrant. state of the law nationally. As each state They are intended to be a guide and a and local jurisdiction will have varia- discussion of the legal considerations tions, the warrant and affidavit must be involved in the use of these warrants in crafted to withstand challenge in the appropriate cases. In addition, they may jurisdiction in which it is sought. Consult provide suggestions for items to include your local legal counsel concerning the spe- in an application for a warrant if justified cial requirements of your local jurisdic- by the facts of a particular case. Boiler- tions. plate clauses are likely to be invalidated. Finally, the officer should keep in mind But nowhere in all these 24 pages was that EXPERTISE WARRANTS HAVE YET there alleged one single fact that gave TO UNDERGO SHARP CHALLENGE IN probable cause to believe that a_.y of the THE APPELLATE COURTS. Accordingly, boilerplate allegations of the warrant investigating officers should continue to use were true. In particular, the affidavit caution in obtaining and usin 1. these kinds failed to state any fact whatever to sup- of warrants.

Guide to Drafting an Expertise Search Warrant and Affidavit

AFFIDAVIT(S) A. Introduce and establish expertise of affi ant. Although this kind of search warrant has rarely faced 1. Name the affiant, state his or her sharp challenge in the appellate courts as yet, poten- tially one of the most fruitful areas of challenge may position, title, and the number 9f years be the sufficiency of c.vpertise on the part of the affiant. the affiant has been active in his or Thus, it is recommended that the investigator who cannot qualify as an expert seek out and cultivate oth- her field. ers in the community who do have sufficient expertise. 2. State the general educational back- If, due to distance or other factors, the affiant cannot submit an individual sworn affidavit, the expert's opin- ground of the affiant (including ion may be presented as hearsay in the investigating degrees obtained, what institutions officer's affidavit. Be sure to comply with all requirements for hearsay warrants if you choose this option. awarded the degrees, and when the degrees were awarded) and/or gen- eral police academy training.

25 3. List all special training and educa- tion of affiant pertaining to the inves- tigation of sexual offenses (or the diagnosis and treatment of sexual offenders). This should include all special academy or other follow-up police training courses (by name of course and number of hours). If spe- cial educational courses have been attended (and completed) by affiant, these should also be listed (including sponsoring educational institution, name of course, dates attended, iden- tity of instructors, and degrees awarded, if any). If affiant has attended any specialized training conferences, include similar infor- mation about these conferences. 'In your description, focus special attention on 2.1recial training or education in the area of child molestation or preferential child molestation cases. 4. List all relevant professional societ- ies to which your affiant belongs. Do not be modest in describing the expertise of your 5. List all honors/awards/special certif- expert affiant. If you do not supply enough facts to the magistrate in the affidavit to establish your affiant as icates received or earned by your an expert, a later challenge may invalidate the war- expert affiant. Direct the magistrate's rant. attention to any that were awarded or earned for achievement in the area of child sexual offensesespecially those involving preferential child molesters. 6. Describe the expert affiant's experi- ence. Focus especially on the affiant's experience with cases involving prefer- ential child molesters. In the descrip- tion, include the number of years the affiant has worked in this field, how many cases the affiant has handled involving preferential child molest- ers, and in what capacity the affiant participated (e.g., trainee, investiga- tor/therapist/supervisor, etc.). 7. If your affiant has previously quali- fied as an expert witness in cases of this nature, describe those cases, including the number of times, the nature of the court or the court pro-

34 In the event that your expert affiant has testified for ceedings, and whether or not convic- the prosecution and for the defense as an expert wit- ness, mention this fact, as it helps to establish the tions were ultimately obtained. If your impartiality of the affiant. expert affiant has testified for both the prosecution and the defense in criminal cases, mention this fact. 8. If your expert affiant has experience in teaching or has served as consul- tant for another department, agency, or educational institution in matters pertaining to preferential child molestation, mention these facts. Also describe any professional articles or books written by the affiant. 9. Miscellaneous: If your expert has any other qualifications relative to his or her expertise in recognizing and pre- dicting the behavior of the prefer- ential child molester, add them to the affidavit as well. You may want to add the number of times the affiant has interviewed a child victim of this kind of offense and/or the number of times the affiant has interviewed admitted molesters. 10. In many cases, it will be necessary to Professors from local colleges or universities may be establish your expertise in such useful resources for expertise in these areas. You might diverse areas as photography, com- want to consider asking a reputable pediatrician or family doctor for assistance in providing the magis- puter hardware and software, videotape trate with an expert opinion that the child pictured in technology, visual identification of age the photograph is indeed a child. You may find a willing expert by contacting your local children's hospital. In of a child from a photograph of a child, general, the older the child pictured in the photograph, child pornography or child prostitution, ti., greater the need for specialized expertise in the area of recognizing the age of the child through medical child sex rings, or multiple victim/mul- developmental characteristics. In cases of young chil- tiple offender case investigations. In the dren, the courts have been more willing to accept the opinion of a layman. event that the facts of the case under In the event the suspect has stored evidence in a investigation require that an expert computer memory bank, you will I oubtedly need the have reviewed the evidence uncov- assistance of a computer expert. Many programs allow a security code to be installed that will block access to ered by the investigation and ren- a particular file unless the correct access code is given dered an expert opinion on some to the computer. Some of these programs also provide for the destruction of the information stored in the file aspect of the evidence, follow the above unless the correct access code is used. Accordingly, you format (education, experience, spe- may need to have available someone who can break the code. cial recognition of expertise, such as Also consider cultivating the services of a computer honors and awards, qualification as consultant to assist you in accessing "computer bul- :etin boards" used by preferential child moleste . s to an expert witness on other occasions, communicate with each other and to share information etc.). about child sexual partners. You may be able to obtain highly probative evidence concerning the suspect's sexual activities if your suspect uses such a bulletin board.

27 35 B. Recount the facts uncovered by the investigation to date, apply your (collec- tive) expertise to interpreting the facts, and thus establish probable cause to search. Probable cause is usually defined as reasonably trustworthy information con- cerning such facts and circumstancesas would warrant a man of reasonable cau- tion in the bel;Pf that an off;:nse has been or is being committed or that evidence of a crime can be found in a particular loca- tionBrinegar v. United States 338 U.S. 160 (1949). The section of the affidavit establish- ing probable cause will vary dramatically from case to case, depending on the facts uncovered by the investigation under- taken to date. Certain basic rules will apply, however. In the event that the investigation was initiated by a report of a specific child having been sexually molested, keep in mind that the way in which you receive the information may be key to the formation of the probable cause portion of the affidavit. In the event that the police or, morn commonly, the children's protective services agency receive an anonymous tip concerning the crime, you may have to establish both the basis of the informant's knowledge (i.e., personal knowledge) and that the infor- mant is reliableAguilar v. Texas, 378 U.S. 108 (1964)or that the information contained in the tip has been corrobo- rated in some other approvedmanner Spinelli v. United States, 393 U.S. 410 (1969). Consult your local legal counselcon- cerning the impact of Illinois v. Gates, 462 U.S. 213 (1983) on the quantum and source of the corroboration that must be produced. In the event that the investigation began with a child having reported that he or she was molested by the suspect, the letter of the law imposes no obligation to corroborate the crime report of pre- sumptively reliable citizen crime victims. It would be naive to suggest, however,

36 that the courts view the report of a child sex crime victim as presumptively reli- able. Therefore, the wisest course is to seek corroborating evidence and to pres- ent information concerning any and all such evidence to the magistrate in the affidavit. In cases of child sexual molestation, the investigator should consider and evalu- ate (and consult with appropriate experts) whether the suspect in the individual case displays behavior consistent with that commonly displayed by preferential child molesters. Did the suspect allegedly seduce the child victim? Or did the sus- pect kidnap and rape the child? Did the suspect spend time, attention, perhaps even money, on the child? Did the suspect show the child pictures of other children or adults engaged in sexual activities or sexually arousing poses in order to lower the child's inhibitions, arouse the child, or arouse the offender? Were other types of erotica used or displayed to this child for similar purposes? Has the suspect indulged in similar behavior with other children? Look for evidence of other types of pref- erential child molester behavior in your initial investigation as well. This will serve the dual purpose of providing informa- tion upon which your expert can base an opinion, and it will serve as an additional basis to (reasonably) believe that a search of premises controlled by the suspect will result in the discovery of evidence of the suspect's commission of this crime. Such evidence might include: correspondence with other persons interested in sexual be savior with chil- dren diaries or other records of child sexual partners, including names, dates, and types of sexual activity phone or address books in which the suspect records the name, address, or

29

37 phone number of child sexual part- ner(s) child or adult pornography photographs, movies, slides, video- tapes, or drawings of children or adults engaged in sexual activity or sexually suggestive poses camera equipment with which the sus- pect has taken photos of the child victim or other children engaged in sexual activity or in sexually suggestive poses sexual paraphernalia or other erotica used by the suspect in the course of seducing the child victim or other chil- dren of which the investigator gains knowledge computer hardware and software (and computer skills) used by the suspect in storing personal records and informa- tion concerning personal business transactions information concerning any safe deposit boxes, storage facilities, etc., used by the suspect for storage of records or per- sonal belongings

The assessment of probable cause depends on the total- Once the evidence is gathered, then the ity of the circumstances, including considerations of modes or patterns of operation of certain kinds of law- expert must interpret the facts. The facts breakers. From this information a trained and expe- discovered by the investigation combined rienced officer draws inferences and makes deduc- tionsinferences and deductions that might well elude with the opinion of the expert affiant con- an untrained personUnited States v. Cortez, 449 U.S. cerning the import of these facts are com- 441 (1981). bined in the affidavit to demonstrate that there is probable cause to believe that not only are certain items observed by Although the magistrate is entitled to consider the opinions of experts concerning special modes or pat- the named witnesses likely to be found in terns of operation of certain kinds of lawbreakers in premises controlled by the suspect, but determining whether probable cause exists to justify issuance of search warrants, reviewing courts have not also that the suspect is likely to exhibit viewed I el: ance on a behavioral profile (without more) other behaviors common to those who with overwnelming enthusiasm. Although few cases of challenges to search warrants prefer children as their sexual partner. have yet been reported by the appellate courts in cases Thus, there is also probable cause to wherein probable cause was determined HI partial reli- ance on a child molester behavioral profile, cases of believe that evidence of these behaviors searches initiated in reliance on the drug courier pro- will also be found in premises controlled file are analogous. In general, the courts, in consider- by the suspectevidence that will be rel- ing drug courier profile cases, have held that the fact that an individual matches the profile, standing alone, evant to identify other known (but not as does not justify law-enforcement intervention (stop/ yet identified) child molestation victims, seizure/search). The profile is entitled to some consid- eration in establishing a pattern of operation among the age and gender preference of the sus- drug traffickers. Articulable facts discovered during pect, and that will assist in the corrobor-

30 38 the course of an investigation may then be interpreted in light of the profile to establish probable cause ation of the modus operandi of the sus- Florida v. Royer, 460 U.S. 491 (1983); United States v. pect. Mendenhall, 446 U.S. 544 (1980); Reid v. Georgia, 448 Although the opinions of the experts U.S. 438 (1980). It is therefore highly recommended that the officer net will vary concerning what can legiti- rely entirely on the behavioral profile to establish probable mately be concluded aboit common cause to believe that the suspect in a part' :ular case will beep a diary, a collection of child pornography, an address behaviors and activities of preferential book containing information concerning child victims, or child molesters, affidavits filed in court any of the other behaviors indicated in the motile. The investigation should establish facts to indicate that this proceedings to date have contained such particular suspect indulges in at least some of these behav- statements as: iors. As a result of the expert's training and A request tosearch for and seize pornography, inclue.- experience, the affiant has learned that ing child pornography, may include special First Amendment considerations. Although New York v. Fer- preferential child molesters commonly ber 458 U.747 (1982) allows the states to constitu- receive sexual gratification and satis- tionally prohibit the production and distribution of material that depicts children in sexual activity even faction from actual, physical contact when the material is not obscene, questions still remain with children and from fantasy that may concerning to what extent officers executing a search warrant are authorized to search for or seize child and be stimulated by viewing children adult pornography. engaged in sexual activity or in sex- The officer should be aware that there are differ- ences that have legal consequences between child por- ually suggestive poses (in 1,e)-son, in nography and child erotica. Child pornography has been photographs, in drawings, or other visual defined by Lanning (see above) as "the sexually explicit media) or from literature describing such reproduction of*child'simage, voice, or handwriting including sexually explicit photographs, negatives, activity. slides, magazines, movies, videotapes, audiotapes, and handwritten notes. ... Child erotica is a broader and collect sexually explicit or suggestive more encompassing term than child pornography. It materials (whether of adults or chil- can be defined as any material, relating to children, dren) consisting of photographs, mag- that serves a sexual purpose for a given individual. Some of the more common types of child erotica include azines, motion pictures, videotapes, toys, games, drawings, fantasy writings, diaries, sou- bcoks, slides, and/or drawings or other venirs, sexual aids, manuals, letters, books about chil- dren, psychological books on pedophilia, and ordinary visual media that they use for their own photographs of children. Generally, possession and dis- sexual arousal and gratification. Fur- tribution of these items does not constitute a violation of the law." ther, they commonly use this type of Depending on the circumstances of the case under sexually explicit material to lower the investigation, some or all of these materials may be evidence in a child molestation case. In some cases, inhibitions of the children they are adult pornography may be used by the offender in attempting to seduce, to arouse the seducing children, and the investigation may have uncovered evidence to the effect. Although this mate- selected child partner, and to demon- rial may not be contraband (depending on the terms of strate the desired sexual acts. the state child pornography statutes), this material may be evidence or an instrumentality of a crime. Thus, search and/or seizure should be permissible for evi- dence of this nature regardless of its characterization. Applicable First Amendment requirements must be scru- pulously observed, however. Special limitations will pertain to the extent to which officers can search for and seize adult pornography. Other considerations may limit the extent to which an officer can rummage through a suspect's entire por- nography collection in order to pick out the child por- nography. Officers should be aware of another poten- tial trouble spotthe extent to which they can seize movies, videotapes, and otherwise undeveloped film in the event that the content of the material cannot be ascertained without displaying it on pr6ection equip- ment. Some jurisdictions may permit the officer to view it on the scene with the suspect's own equipment in order to ascertain its content. Other jurisdictions may

33 require that these materials (or premises) be secured and a second search warrant be obtained. Because some of this kind of evidence may be encom- passed within First Amendment protections, and because the officer may have to inspect innocuous materials in order to ascertain what materials are properly subject to seizure, the warrant must be exceed- ingly particular in its descriptions of property subject to search and/or seizure. Consult local legal counsel con- cerning applicable limitations. In addition, ensure that a strong nexus is shown between criminal activity and any request for authority to search for or seize pornography and erotica whether of adults or children. Also check with local legal counsel concerning the extent to which the plain view and good faith exceptions to the warrant reqA:rement can apply to the search or seizure of materials protected by the First Amendment. In the event that the magistrate will not authorize search or seizure of this kind of property, you might consider taking photographs of that material which is in plain view in order to preserve evidence of its exis- tence and nature.

Include information of this nature to defeat any claim rarely dispose of their collection of sex- of staleness that Dry arise from dated information concerning . hat a suspect has or maintains a ually explicit materialespecially if it collection of one or more of the kinds of materials dis- is used by them in the process of seduc- cussed in this chapter Peo. v. Hernandez 225 Cal. Rptr. 230 (1986). ing children.

It is essential when describing classes of evidence correspond with other preferential child especially documentary evidence that the descrip- tion be particular concerning wha. documents can be molesters to share information and seized. The Fourth Amendment is designed to prohibit identities of their child victims as a general searches. It requires that the officers be autho- rized by the magistrate to search for particular items means of gaining status, trust, accep- of evidence. Once those items have been located by the tance, and/or psychological support. officers executing the warrant, and all items of evi- dence, instrumentalities, contraband, etc., that are in prefer contact with children of a partic- plain view have been seized, then the search is to con- ular gender or age range. clude. The requirement of particularity is designed to direct obtain, collect, and retain photographs the officers to the correct location and to limit the scope of the children with whom they are or of the search. Thus, the courts have overturned searches that authorized seizure of "business records which are have been involved. These photographs instrumentalities of tax evasion," United States v. may depict the child in sexually explicit Cardwell, 80 F.2d 75 (9th Cir. 1982), or "evidence of mail fraud," United States v. Abrams, 539 F.Supp. 373(S.D.N.Y. activity or may depict the child engaged 1982). in innocuous activity. If the child is a No court has yet imposed a requirement that search warrants may only be issued for specifically named particular favorite, the photograph may Items. See recommendations contained in Russell W. be carried by the suspect on his or her Galloway, "Fourth Amendment Ban on General person (such as in a wallet). Searches and Seizures," in Search and Seizure Law Report, Vol. 10, No. 6 (July 1983). Many courts, however, Photos of children with whom such are now closely scrutinizing the particularity of the description when a request for authorization to search an individual has been involved are and seize entire classes of evidence is presented. Offi- commonly used as a means of reliv;ng cers should pay particular attention to Peo. v. Frank, supra, and consult with local legal counsel concerning the the sexual encounters with the child or requirements of the local jurisdiction. fantasies of such sexual encounters. They may be keepsakes from a loved one. Or they may be a means of gaining

32 40 status, trust, acceptance, or support from others who share a similar sexual pref- erence. In the event that the photos depict children engaged in sexual activ- ity, they are frequently used to black- mail the child into continued semi-: activity or into keeping the molestation a secret. These photographs are extremely important to such individu- als and are likely to remain in the pos- session of or under the control of such an individual for extensive time peri- When seeking authority to search and seize items that ods, perhaps for a lifetime. do not plainly apper.r to be evidence of the crime under frequently cut pictures of children out investigation or ari instrumentality of that crime, ensure that the nexus between the items sought and the ct im- .f magazines, newspapers, books, or inal behavior is clear. For example, when seeking other types of publications. They also authoritation to seize sexual aids, sexual toys, or any kind of erotica or pornography (child or adult), ensure frequently create new pictures by cut- that you have established probable cause to believe ting and pasting pieces of different pic- that the suspect uses such items as part of the modus operandi of the seduction of chila victims or otherwise tures together. Often these cutouts will establish a strong nexus. be assembled int an album or a collec- tion of some sort. These collections or individual cutouts can be useful in determining the age and gender pref- erence of the suspect. collect or maintain collections of books, magazines, newspapers, or other writ- ings concerning sexual activities of and with children. This kind of publication can be part of the individual's seduction modus c-aerandi, a means to under- stand their sexual attraction to chil- dren, and a way of justifying or coun- tenancing their sexual attraction toward children. use sexual aids or sexual toys, such as dildos, vibrators, etc. These items are commonly used to arouse the curiosity of the selected child sexual partner as well as to sexually arouse the child and When seeking authority to search for and seize Items the adult. such as photographic production and reproduction equipment or computer hardware/software, ensure that own and operate photc:-.aphic produc- you have established probable cause to believe that tion and reproduction equipment. Such these (otherwise innocuous) items are instrumentalities of the specific crimes alleged. A general seizure of such individual..; are commonly fearful that it nu may invalidate the warrant or portions thereof. commercial photo developers may report A.aent a forfeiture clause or plain view observation connecting such items with other Identifiable crimes them to law-enforcement authorities, (occurring in yourjurisdiction), officer^ will ,lot bee, '- and so they produce (and reproduce) toed to seize such innocuous items. their own materials.

41 In at least one jurisdiction, courts have allowed the expert to accompany the officers executing the war- are very concerned with the security of rant so that the expert can examine the equipment and their collections of photographs, child determine, on site, whether the equipment was used in the commission of the crimePeo. v. Superior Court pornography, erotica, and other illicit (Moore), 163 Cal. Rptr. 906 (1980).:n that jurisdiction, materials or information about specific however, the statutes expressly authorized such expert child victims or sexual activity with consultation. See also Forro Precision, Inc. v. IBM, 673 F.2d 1045 (9th Cir. 1982) holding that IBM employees children. Accordingly, they commonly who served as expert coney' tints to the execution of re -fe deposit boxes or storage facil- a search warrant were ; -n .ne from civil liability. ities outside of their immediate resi- Searches for information on computer disks pose spe- dence. cial problemsin addition to the ones already described herein. Yet they also reflect the state of the art in data keep the names, addresses, phonenum- collection and retention. Officers cannot afford to ignore bers, or other identifying information the possibility that the suspect is using a computer for storage of this kind of information. of the children with whom they have Officers not familiar with the use of this equipment been sexually involved. This informa- should be aware that if the Lomputer is on or in use at the time entry is effected, unplugging the computer or tion may be maintained in a list,a phone en turning it off without first "saving" the data into book, an address book, on accumulated tssi computer's memory banks may result in the com- scraps of paper, or in a computer mem- plete loss of all data. Accordingly, you must "save" the data first; also, be sure to copy all disks before trying ory disk. to access the information. It is recommended that the often keep a diary containing records officer take along someone who can do this. Unless you are an expert, do not try this yourself. of their sexual activities with children. Of more importance, however, in obtaining infor- These diaries may be kept in a formal mation from a search of the suspect's computer files is the inability of the officer to recognize which disks diary book, a notebook, an audiocas- contain the evidence and which do not. Of course, in sette, on accumulated scrape of paper, the unlikely event that the suspect has labeled the file "Children I Have Known and Loved," the task will be or in a computer memory disk. easy. In other cases, however, the officer or consultant commonly use drugs or alcohol will need to review all of the disks to determine which as a of them contain relevant evidence. It is recommended means of seduction, to reduce the child's that the magistrate authorize this process in advance, and inhibitions, or to heighten sexual so you should ask for authority to do this in the warrant and justify the request in the affidavit. arousal. Since the Fourth Amendment requires the officer to specify with particularity the documents (or disks) that A few last thoughts are in order. In the contain evidence so that the magistrate can limit, in event that you are unable to obtain an advance, the documents that will be examined and expertise search warrant to increase the seized by the officers executing the warrant, this area will undoubtedly be fruitful for appellate challenge. scope of a search based on behavioral Regularly check local legal counsel for new limitations on characteristics of preferential child search and seizure of computer memory banks. See also Gerald F. Uehlmen and David C. Tunick, "Computer molesters generallyor in the event that Searches and Seizures," in Search and Seizure Law the case involves another type of child Reports, Vol.10, No.9 (October 1983). sexual offender entirelyuse the research concerning the behavioral characteris- tics of child moles+ers to expand thescope of the investigation. C 'insider that the suspectmay have molested other children and begin trying to identify other child victims who may give you more insight into the suspect's modus operandi. Consider developing evidence from other sources that thesus- pect uses child pornography or takes pic- tures oi children in sexually suggestive or sexually explicit poses. This informa-

34 42 tion may provide probable cause for issu- ance of a warrant to look for these items. The more the investigator knows about the crime and the criminal, the more P ve- nues are opc.n to exploration for evidence of these most difficult of cases. Remember to consider the application of traditional probable cause requirements for the issuance of a traditional search warrant. If the investigation has produced sufficient probable cause to justify the issuance of a traditional search warrant, it may not be necessary to pursue the particulars of an expertise warrant. Also, do not forget the uses of a consent search. All of the traditional pros and cons of attempting to obtain a consent search apply to the search of premises controlled by a preferential child molester. When conducting a search, it may be advisable to photograph the search. This visually preserves the site of the search, the location of items discovered, and dem- onstrates what was and was not "in plain view." One authority particularly rec- ommends photographing any display of frequent' i used telephone numbers posted by a phone, as the suspect may have the telephone numbers of child victims posted. Another authority recommends that offi- cers conducting a search videotape their search of the premises (without sound). It may also be vital to keep accurate rec- ords concerning where the items were found and their chain of custody. It may be helpful to attach examples of the kinds of evidence the investigation has so far uncovered. This may be of some assistance to the magistrate in evaluat- ing probable cause. This is particularly true in cases in which the affidavit alleges that a child is pictured in sexually explicit or suggestive poses. In the event that the officer uses attachments, however, check with local legal counsel concerning requirements that the attachments be incorporated into the affidavit or warrant by reference. Also, in the event that photographs of children

35 engaged in sexually suggestiveor sex- ually explicit activity will be attached (and incorporated), explore the option of sealing those materials. Since applications for search warrants become public record, sealing the photographs may avoid unduly embarrassing child victims. Finally, consider obtaining a warrant (whether it is based on traditionalmeans of establishing probablecause or it is an expertise warrant) even when thecase is a strong one. Remember that in order for the judge to pronounce a reasonablesen- tence, the judge must learn the full extent of the offender's conduct.

Additional Readings

Abel, Gene, Joanne Rouleau, and Jerry Cun- Martin, Lloyd, and Jill Haddad. We Havea Secret. ningham-Rathner. "Sexually Aggressive Behav- Newport Beach, California: Crown Summit Books, ior," in Modern Legal Psychiatry and Psychology. 1982. Philadelphia: F.A. Davis Co. (in press). O'Brien, Shirley Child Pornography. Dubuque, Burgess, Ann W. Child Pornography and Sex Iowa: Kendall Hunt, 1983. Rings. Lexington, Massachusetts: Lexington Books, 1984. O'Carroll, Tom. Paedophilia: The Radical Case. London: Peter Owen, 1980. Burgess, Ann W, A.N. Groth, and L.L. Holms- trom. Sexual Assault of Children and Adoles- cents. Lexington, Massachusetts: Lexington Rush, Florence. The Best Kept Secret: Sexual Books, 1978. Abuse of Children. New York: McGraw-Hill, 1980.

Colao, Flora, and Tamar Hosansky. Your Chil- Sanford, Linda T. The Silent Children: A Book dren Sht. kl Know. New York: Bobbs-Merrill, 1983. for Parents about the Prevention of Child Sexual Abuse. New York: McGraw-Hill, 1981. De Young, Mary. The Sexual Victimization of Children. Jefferson, North Carolina: McFarland Sgroi, Suzanne M. Handbook of Clinical Inter- and Company, 1982. vention in Child Sexual Abuse. Lexington, Mas- sachusetts: Lexington Books, 1982. Goldstein, Seth L. The Sexual Exploitation of Children. New York: Elsevier, 1987. Tsang, Daniel, ed. The Age Tabc., Boston, Mas- sachusetts: Alyson Publications, 1981. Lanning, Kenneth V. Child Molesters. A Behav- ioral Analysis. Washington, D.C.: National Cen- Weisberg, D. Kelly. Children of the Night. Lexing- ter for Missing and Exploited Children, 1986. ton, Massachusetts: Lexington Books, 1985. Lederer, Laura, ed. Take Back the Night. New The author v. ould like to gratefully acknowl- York: William Morrow, 1980. edge the assistance of FBI Supervisory Special Agent Kenneth V. Lanning; John B Rabin, Dep- Linedecker, Clifford L. Children in Chains. New uty Director for Technical Assistance, National York: Everest House, 1981. Center for Missing and Exploited Children; and Seth L. Goldstein, Investigator, Napa County, Lloyd, Robin. For Money or Love: Boy Prostitu- California, District Attorney's O'fice for their tion in America. New York: Vanguard, 1976. assistance in the preparation of the materials in this chapter. Also, the author would like to acknowledge Deputy Toby Tyler (retired), San Bernadino County, California, Sheriffs Office and Detective Bill Dworin, Los Angeles, California, Police Department for their important work in this area. Janet E. Kosid, Esq. Director of Legal Technical Assistance NCMEC

37 45 Bibliography

Adams, Caren, and Fey J. No More Secrets: Finkelhor, David. Sexually Victimized Protecting Youl Child from Sexual Children. New York: Free Press, 1979. Assault. San Luis Obispo, California: Impact Publishers, 1981. Finkelhor, David. A Sourcebook on Child Sexual Abuse. Beverly Hills, California: Burgess, Ann W. Child Pornography and Sage Publications, 1986. Sex Rings. Lexington, Massachm4ts: Lexington Books, 1984. Goldstein, Seth L. The Sexual Exploita- tion of Children. New York: Elsevier, 1987.

Burgess, Ann W., A.N. Groth, and L.L. Greenspan, Stanley. The Clinical Inter- Holmstrom. Sexual Assault of Children view of the Child. New York: McGraw- and Adolescents. Lexington, Massachu- Hill, 1981. setts: Lexington Books, 1978. Laming, Kenneth V. Child Molesters: A Evans, David R., et al. Essential Inter- Behavioral Analysis. Washington, D.C.: viewing. Monterey, California: Brooks/ National Center for Missing and Cole Publishing Co., 1979. Exploited Children, 1)86.

39 46 Append,: 1

SEXUAL VICTIMIZATION OF CHILDREN

I H m Sexually Abused Children Sexual iv Exploited Children Missing Children

A. Victims A. Pornography A. Runaways (homeless) I. Extent and effect 1. Commercial/homemade 1. Thrown away/lured away (a) girls/boys 2. Technical/simulated 2. From abuse (sexual?) 2. Indicators 3. Child erotica 3. To exploitation (sexual?) 3. Investigative difficulties 4. Collection B. Lost/Inkutd (a) fantasy B.. A.thn/Offender (b) validation C. Parental Abduction I. Relationship (c) souvenir I. Mother/father(?) (4) stranger 2. Good/bad parentre (?) (b) relative B. Sex Rings 3. UFAP (c) acquaintance 1. Ongoing access 2. Violence 2. Offender-victim bond D. Abduction 3. Seduction process 3. Types I. Emotionally disturbed (a) solo 2. Profit C. Offenders (b) transition 3. Ransom 1. Situational (c) syndicated 4. Sexual (a) regressed (a) keep (b) morally indiscriminate C. Prostitution (b) return (c) sexually indiscriminate 1.Runaways (c) discard (d) inadequate 2. Gender and age (d) kill 2. Preferential (pedophile) 3. Life span 5. Child killer (a) seduction 4. Customers (a) organized (b) introvert (a) situational (b) disorganized (c) sadistic (b) preferential (c) parent

A cnild victimisation case may be categorized by the juvenile justice system in any of the three w .ys described above. Run- aways may enter the social service system to any of the three categont... Table by Kenneth V Lanning. Supervisory Special Agent. Behavioral Science Unit. Federal Bureau of Investigation

41 47 Appendix 2

Situational Child Molester

Morally Sexually Regressed Inadequate indiscriminate Indiscriminate

Basic Poor User of Sexual Social Characteristics coping skills people experimentation misfit

Insecurity Motivation Substitution Why not`' Boredom and curiosity

Victim Vulnerability Nev. and Availability Non- Criteria and opportunity different threatening

Method of Lure, force, Involve in Exr '-t an, Coercion Operation or manipulation existing activity adva age

Pornography Sadomasochistic: Highly likely, Possible Likely Collett:on detective magazines varied nature

Preferential Child Molester

Seduction /rrtrnverted Sadism

Common: I. Sexual preference for children Character:sties 2 Collects child pornography or erotica

Fear of Need to Motrvanon Identification communication inflict pain

Vrcum Age and gender Strangers Age and gender Criteria preferences or very young preferences

Method ol Seduction Non-verbal Lure or force Operation process sexual contact

Tables taken from Kenneth V. tanning, Child Mole.sters A Behavioral Analysis (National Center for Missing and Exploited Children, 1986).

42 48 Appendix 3

CYCLE OF VIOLENCE

Maturaton to Missing Child Episodes Abuser/Exploiter

Exploitation of Child

49 43 Appendix 4

CONFIDENTIAL A Model Proviso Before sexually exploited child unit member(s) personally appeared the youth , who stated that he/she is years old, with a date of birth of ,residing at The date of this interview is and the beginning of this interview is a m./p.m. Other witnesses present were ,and The following Proviso is mandated for all children being interviewed by the sexually exploited child unit.

PROVISO IN NO CASE WILL INFORMATION RECEIVED FROM A YOUTH CLIENT BE USED FOR THE PURPOSE OF PROSECUTING SAID YOUTH CLIENT.

I have read the above statement (Proviso) or had it read to me, and I am willing to makea statement and/or answer questions. I have also read or have had read to me my Constitutional rights, as printed below. I do not want .... lawyer at this time. I understand and know what I am doing. No promises or threats have been made to me, and no presst.--e or coercion of any kind has been used against me.

Youth: Date.

Law-enforcement Officer: Date.

Social Work Investigator: Date.

Witness/Parent: Date:

Your Constitutional Rights I have been fully advised and understand that: 1. I have the right to remain silent. 2. Anything I say can be used against me in court. 3. I have the right to talk to a lawyer before any questioning or making any statements, and to have the lawyer present with me during questioning. 4. If I cannot afford a lawyer, one will be appointed for me before any questioning, if I wish. 5. If I decide to answer questions now without a lawyer present, I will still have the right to stop answering at any time. I also have the right to stop answering at any time until I speak with a lawyer.

This model Proviso was adapted from one used by the Exploited and Missing Child Unit (EMCU) of Louisville/Jefferson County, Fentucky. The EMCU does not accept referrals of familial child abuse or neglect. The focus of the unit is the commercial involvement of school-age children in criminal activity, normally extra-familial. Commercial interests are understood tomean and ineude sale, trade, barter, or exchange of money, services, property ofany kind, and conditions or situations arranged for the L.,nefit of any party.

.1 t 50 The National Center for Missing and Exploited Children

The National Center for Missing and Exploited Children serves as a clearinghouse of information on missing or exploited children; provides technical assistance to citizens and law-enforcement agencies; offers training programs to schools and law-enforcement; distributes photos and descriptions of missing children nationwide; coordinates a Speakers Bureau; and provides information and advice on effective state legislation to ensure the safety and protection of children. A toll-free telephone line is open for those who have information that could lead to the location and recovery of a missing child: 1-800-843-5678. (Washington, D.C., residents will call a local number: 634-9836.) The TDD hotline (for the deaf) is 1-800-826-7653. The 15 toll-free hotlines cover Canada as well as the United States. A number of publications, listed below, are available by writing the Publications Depart- ment of the National Center for Missing and Exploited Children.

Parental Kidnappinga handbook for parents Selected State Legislationstate laws to protect children Summary of Selected State Legislationa summary of the above Investigator's Guide to Missing Child Casesa handbook for law-enforcement officers locating missing children Child Molesters: A Behavioral Analysisa handbook for law-enforcement officers investigating cases of child sexual exploitation and abuse Child Protection Priorities in State Legislationseven legislative priorities to prevent child victimization Ycuth at Riskunderstanding runaway and exploited youth Child Protectionsafety and precaution tips

Just in Case ... Your Child Is Missingpreparation and action for parents

Just in Case... Your Child Is Sexually Abused or Exploitedguidelines for parents

Just in Case... Your Child Is a Runawayincludes "missing poster" format

Just in Cas-... You Need a Babysitter brochure for parents

Just in Case .. You Are Considering Family Separationprotecting against parental kidnapping

Just in Case... You Are Dealing with Grief Following the Loss of a Child For Camp Counselorsdetecting child sexual exploitation Support services in your state Informational brochure

TM National Center for Missing and Exploited Children

1835 K Street, N.W., Suite 700, Washington, D.0.20006

51 2-87-007

Contents

Foreword

Introduction

1. The Interviewer's Role

2. The Child Victim of Sexual Exploitation

3. Preparing for the Interview

4. The Interview

Special Cautions in Investigating Ritualistic Child Sexual Abuse

Considerations in Obtaining and Using Expertise Search Warrants

Bibliography

Appendix

52