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of Child Sexual Abuse Cases

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INTERROGATING SUSPECTS IN CHILD SEXUAL ABUSE CASES

By
Lt. Bill Walsh
Youth and Family Support Division
Dallas Police Department

Keywords: Interrogation, confession, voluntary statement, Miranda warnings, law enforcement, investigation

Abstract

The properly conducted interrogation of suspects is one of the most valuable tools available to investigators in child sexual abuse cases. Other than a DNA match or a videotape of an offender committing the abuse, no evidence is more powerful than a defendant's confession of guilt. When successful, an interrogation produces statements from the suspect that corroborate a victim's allegations and serve as critical evidence in the case.

Interrogations

Interrogation is a systematic method of obtaining the truth from a person suspected of committing a crime through a combination of questioning, confrontation, suggestion, and persuasion. The setting is inherently accusatory because interrogation takes place only when an investigator has reason to believe that a suspect is guilty of the crime under investigation. Unlike interviews, interrogations are usually conducted in a custodial setting (that is, after a suspect is taken into custody or otherwise deprived of his or her freedom).1 In some situations, a suspect may come in voluntarily for questioning.

Successful interrogators must have the following:

  • Desire to obtain the truth.
  • Confidence in the investigation.
  • An ability to bluff.
  • Knowledge of human behavior, the suspect, and the case.
  • Experience with child sexual abuse cases.
  • Self-control and patience.
  • Non-judgmental attitude toward suspect.
  • Professionalism.
1The U.S. Supreme Court's decision in Miranda v. Arizona, 384 U.S. 436 (1966), requires that, prior to custodial interrogation, suspects be informed (1) of their right to remain silent, (2) that any statements they make can and will be used as evidence against them at trial, (3) of their right to the presence of an attorney, and (4) that if they cannot afford an attorney, one will be appointed for them, free of charge, before questioning. In all but a few limited exceptions (public safety, for one), unless and until Miranda warnings are given (or a waiver of these rights can be shown at trial), no evidence obtained during an interrogation may be used against the accused.
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