Building a Solid Case

The investigation and prosecution of child sexual abuse cases is not an easy job. In order to prosecute this type of case successfully, the pre-trial investigation must be conducted correctly. The aim of the investigation is to gather all related facts and determine the truth. While undertaking this difficult task, the investigator should keep the following objectives in mind

• Overcome personal and societal urges to disbelieve
• Corroborate victim's testimony
• Minimize further trauma to the child
• Prove case "beyond a reasonable doubt"

It is important to realize that a good investigation requires thoroughness, skill, and commitment. Hopefully, the following information will prove useful as you perform your critical role in building a prosecutable child sexual abuse case.

BEGINNING YOUR INVESTIGATION

• Be familiar with agency guidelines and Georgia statutes
• State law requires every county to have a child abuse protocol
• Know the resources available in the community (child advocacy centers, victim witness, therapist, etc.)
• Review any available material relevant to the case:
• How, when, and by whom was the abuse reported.
• Child protective services history--confidentiality laws do not apply to child abuse investigations.
• Criminal history of suspect.
• Prior complaints by victim.
• Has the victim had a medical exam.
• Does the child suffer from any learning or mental disabilities.
• Does the child speak the same language as you? If not, then arrange for an interpreter.
• Pick a child friendly location to interview the child:
• Distraction free.
• Informal and private.
• Cheerful and welcoming(if possible).
• Decide who will participate in the interview.
• Aim for only one interviewer if possible.
• Parents, guardians, friends should not be present.
• Avoid wearing your gun while interviewing the child.
• Be sure to follow up on any information obtained in the interview.

INTERVIEWING THE CHILD

• Interview the child as soon as possible after the incident is reported.
• Your demeanor during the interview is important.
• Keep in mind that interviewing a child is entirely different from interviewing an adult.
• Introduce yourself and explain your job.
• Be patient.
• Be open-minded.
• Don't rush the interview.
• Use simple terminology.
• Attempt to establish a rapport with child-ask about friends, siblings, pets, hobbies, etc.
• Determine the developmental level of the child.
• Does the child know the difference between a truth and a lie, inside and outside?
• Can the child count and tell time?
• Ask the child to identify parts of the body.
• Child should use own terminology ("tee-tee", "thing", "boobies").
• Use anatomically correct drawings or dolls to determine what the child calls parts of the body.

GETTING THE FACTS

In a child sexual abuse case, the nature and amount of detail supplied by the child may be in and of itself convincing.

Who?

• What does victim call the suspect?
• Describe the suspect.
• Relationship to the suspect.

What?

• Establish what offenses have occurred-kissing, fondling, sodomy, penetration.
• Details-"his pee-pee stuck out"(erection), "he peed on me but it was white" (ejaculation).
• Did suspect show movies, books, pictures to child?
• Did suspect offer alcohol, drugs to child?

When?

• Date and time of offense.
• Attempt to pin down specific dates-use birthdays, holidays, seasons to help child remember.
• How many times-more than one, more than ten, etc.

Where?

• Establish venue.
• Have the child describe setting-what room, furnishings, curtains, etc.
• School, car, church, etc.

Senses

• Sight-suspects' clothes, body, color of semen, tattoos, scars
• Smell-body odor, bad breath, alcohol, cigarettes, semen
• Touch-hands rough, penis hard/soft, semen watery
• Hearing-what did suspect say, promises, bribes, moans, threats
• Be sure to record the details of your interview accurately (notes, video, audio).
• If you must take notes, explain to the child why you need to do so.
• If you notice child is distracted by your note taking, stop doing so and remember to document what was said as soon as possible after the completion of interview.
• Avoid leading questions.
• Record separately your impressions of child's general credibility.

VIDEOTAPING THE INTERVIEW

Pro's

• Child's memory may fade
• Pressure from family members to recant
• Reduces number of interviews child has to give
• Child's actual testimony is not as crucial come trial time if tape is allowed to be played
• Record's child's emotions and non-verbal clues
• Video may be used in court

Con's

• Equipment malfunction
• Child may speak too softly, quickly or mumble
• Child may not disclose until after initial interview
• Poor interview techniques may be hard for jurors to see past

DO NOT INTERVIEW A CHILD ON VIDEOTAPE UNTIL YOU HAVE BEEN TRAINED! A COURT MAY THROW OUT THE CHILD'S INTERVIEW AND PREVENT THE CHILD FROM TESTIFYING IF THE INTERVIEWER HAS NOT BEEN PROPERLY TRAINED.

After the interview

• Thank child for his/her help. Tell him how brave you think he is and what a good job he did in helping you understand what happened.
• Contact child protective services if that has not already been done.
• Arrange for a medical examination if one has not already been completed.
• Tell family members about resources available in the community.

OTHER WITNESSES

A successful child sexual abuse trial is made up of more than just the victim's testimony.

• Talk to siblings, relatives, teachers, school counselors, etc.
• Non-offending parent
• Find out victim's relationship with the suspect before outcry
• Divorce, separation, domestic violence, custody issues
• Any changes in victim's behavior
• Sex-life with suspect
• Witnesses lend credibility and consistency to victim's statements.
• A witness can support the chronological order of events.
• 1st outcry witness-get exact words used by child
• Link the "disclosure chain"(victim told friend, friend told his mom, his mom called victim's mom, victim's mom called school counselor, counselor called police).
• Find out the circumstances (who, what, when, where) of disclosure. This will help chip away at possible motives the defense may put forward.

NON-CUSTODIAL INTERVIEW

• Best method to get information from a suspect
• Pre-Miranda-do not read Miranda warnings
• Suspect will feel less threatened
• Possible approaches:
• "I've only heard one side of this so far"
• "This is your chance to set things straight"
• "I need to get all the facts before I decide what to do"
• Let suspect know he/she is free to go at any time
• After "talk", let suspect leave. Get a warrant, and then go arrest.

SUSPECT INTERROGATION

• If suspect is already in custody, read Miranda, but play it down as routine.
• Know your case first.
• Make sure everything is documented (notes, audio, video).
Get details that corroborate victim's statements.
• Let the suspect tell his/her story.
• Confession-be sympathetic, let suspect tell his side
• Lie-let suspect lie. DA's office will break down the story later
• Excuses/Minimization-let suspect blame the child. Who will jury believe?
• "Lock" the suspect into his/her side of the story.
• Don't let the suspect see you show emotion over what is being said.

CONFRONTATIONAL INTERVIEWS

• Telephonic confrontation by victim-e.g.,Daddy, at school today, my teacher told me if anybody touched my private parts I should tell."
• O.C.G.A 16-11-66-Conversations of a child under 18 years of age and a third party may be recorded by a private citizen, law enforcement or a prosecutor's office if:
• The child consents
• Superior Court Judge orders such after written application
• A judge shall order if :
• There is probable cause that a crime has been committed
• Child understands and agrees to participate
• Participation is not harmful to the child
• Prepare a script for the child:
• Rehearse with the child
• Tell the child to try to keep the suspect talking
• Older children, teenagers, may be able to use a "wire"
• Remember, a non-denial is almost as good as an admission
• Personal confrontation by a third party
• Non-offending parent or family member
• Child protective services worker
• Medical personnel, social worker

MEDICAL EXAM

Physical findings are uncommon in child sexual abuse exams. However, this does not mean the exam is a waste of time as the medical history itself is often of forensic value.

• Provides piece of mind for the victim and family
• Should be performed as soon as possible after outcry is made
• Encourage medical exam even if outcry wasn't until months after the abuse
• Try to find a physician who is trained in this field
• Statements by victim to doctors, nurses, social workers provide good corroborating evidence
• Obtain appropriate consent for exam and for records
• Detection of STD's
• Colposcope (device that combines a strong light source with short focus binoculars and a camera) can be helpful in detecting and documenting injuries
• Collect and deliver evidence to crime lab as soon as possible

PHYSICAL EVIDENCE

• Clothing from victim and suspect
• Sheets
• Tissue victim cleaned herself with
• Towels
• Condoms, condom wrappers
• Magazines, movies, photos
• Gifts given to the victim by the suspect
• Computer
• Diary, journal, letters to friends, family
• Photographs of incident locations

SEARCH WARRANTS

• Learn as much as possible about the perpetrator through your interviews
• Excellent opportunity for finding corroborating evidence-if victim said suspect made her watch a dirty movie with him, then search for pornographic movies
• Act quickly to avoid suspect destroying or hiding evidence.
• Common items-film, photos, magazines, toys, lubricants, condoms, underwear, etc.
• Once the warrant is executed, be sure to carefully document what was found, where and by whom.
• Always search the computer if you can; the computer may require a separate warrant.
• If possible, videotape the search<./li>
• If you don't know what you are doing, ask for help!

AVOIDING THE PITFALLS

• If there are other suspects, rule them out.
• Do not arrest until you have attempted to speak with the suspect and the victim.
• Do not stop investigating simply because you believe the child.
• The goal of your investigation is not arrest, it's conviction.

TRIAL TECHNIQUES

JURY SELECTION

• "Is there anyone on this jury panel who they themselves, or they know someone, who has been a victim of sexual abuse?"
• "Is there anyone on this jury panel who cannot convict an adult based solely on the testimony of a child?"
• "Is there anyone on this jury panel who believes that more proof of crime should be required when the victim is a child rather than when victim of a crime is an adult?"
• "Is there anyone on this jury panel who has ever been accused, or who personally knows someone who has been accused, of sexual abuse or a crime against a child?"
• "Is there anyone who for religious, moral, or ethical beliefs cannot judge the guilt or innocence of another person?"
• "Is there anyone on this jury panel who ever has experienced an unpleasant situation with a law enforcement officer other than getting a traffic citation?"
• "Is there anyone on this jury panel who has ever been convicted of a crime?"

OPENING STATEMENTS

• "You do not get a second chance to make a good first impression."
• Surveys show that jurors in 85% of criminal cases reach their ultimate decision after hearing opening statements.
• Just the plot, not the whole play. Opening statements take no longer than 15 minutes.
• Never read an opening statement to the jury.
• Tell a story, familiarize your jury with the characters and location. "This case is about Jamie, an 8 year old girl who is in the second grade at Westchester Elementary School. Jamie lives with her mother, her little brother, and her pet dog."
• The less you say about what your victim is going to say the better.
• Introduce your theme: "All it takes to convict is to believe the child, and there is absolutely no legitimate reason for the child to make this up."

IDEAS ON TRIAL STRATEGY

• Strong victim, first witness.
• Victim should testify as to the five senses surrounding the incidents: taste, smell, look, feel, sound.
• Avoid mental health experts unless absolutely necessary, i.e., recantation, failure to remember.
• Use physicians to explain why there is no physical evidence.
• Corroborate victim with witnesses and tangible evidence, i.e., bed clothing, description of underwear, physical characteristics of the perpetrator.

CLOSING ARGUMENT

• Argue your theme: "All it takes to convict is to believe the child, and there is no reason this child would make this up!"
• National Center for Prosecution of Child Abuse (http://www.ndaa.org/apri/NCPA/Index.html)