Introduction
Trauma-informed investigative practices are critical as they increase trust in law enforcement and allow victims to recover quickly. Such techniques have been proven to improve the cooperation between a community and law enforcement on sensitive matters. Sexual assault crimes are heinous and dehumanizing. Despite this, they are severely underreported, which allows criminals to escape the law and commit additional assaults on more victims. Most survivors fear reporting since they do not want to be subjected to victim-blaming, shaming, and reputational damage. Others do not trust the legal system to take the right action or protect them. A sensitive and proactive investigation process is necessary to restore trust in law enforcement and the prosecution. It is critical to establish a trust-based environment where victims are not afraid of pursuing justice and healing. Trauma-informed investigative methods align with justice, survivor satisfaction, and the healing process.
Analytical Guide
Sexual assault crimes are sensitive since they entail dealing with long-term trauma, shame, and feelings of worthlessness. About 1 in 38 men and 1 in 5 women report being sexually assaulted over their lifetime, which is alarmingly high compared to other crimes (Centers for Disease Control and Prevention., n.d.). Another major challenge is that about 63% of all sexual assault crimes are never reported, which means that the above ratios are understated. While sexual assault is ubiquitous in all communities in modern society, some groups are more vulnerable. For example, members of the LGBT community face more sexual assault risks compared to heterosexual individuals. Vulnerable communities require more resources and attention in dealing with sexual assault. Some environments increase sexual assault risks due to unique factors, such as college campuses where aggression, indulgence, and incapacitation are common. Other factors that have traditionally increased vulnerability include male survivorship bias, intersectionality, and the fear of retaliation. Overall, sexual assault crimes are unique as they entail shame and fear, which contribute to poor reporting.
Rape myths and historical laws on sexual assault have negatively impacted modern investigative protocols. The historical designation of rape is limited. Often, the victim had to prove force and penetration before investigations could commence. The need to prove penetration meant that male victims could not claim sexual assault by female suspects. Historical misconceptions about what constitutes rape influence how investigators conduct their duties (International Association of Chiefs of Police, 2015). The notion that the victim must physically resist the assault leads to victim blaming. Investigators overwhelmingly consider rape as credible only when it involves a stranger. This narrow conception rules out the majority of incidences, which entail date rape and sexual assault by friends and acquittances. Modern legal reforms have expanded the scope of sexual assault and rape to accommodate all victims who file complaints. It encourages individuals to report incidences without the fear of victim-blaming or dismissal. The media plays a key role in influencing investigators and their approach to sexual assault cases. For example, highlighting false rape accusations increases the likelihood that investigators will be more skeptical of a victim’s credibility. Thus, outdated and insensitive beliefs about rape have contributed to underreporting and revictimization of the survivors.
Detectives and officers investigating sexual assault should be trained on topical issues which involve addressing the brutal nature of the crime. The officers should be educated on trauma-informed interview strategies (International Association of Chiefs of Police, 2017). A survivor who presents contradictory statements is not necessarily lying to the investigator since sexual assault often leads to disorientation and confusion. Officers should be equipped with cultural sensitivity skills to understand that diverse communities interpret sexual assault differently. An action considered sexual aggression under the legal documents may be culturally accepted in a minority community. The investigator should not blame the victim for operating within the scope of non-Western norms. As noted earlier, there are ongoing efforts to update the legal standards that define the scope of sexual assault. Investigators should stay up to date on the latest publications to ensure that their interviewing methods are inclusive and sensitive. Police officers should be knowledgeable of the range of the available supportive services. It will ensure that they guide survivors appropriately. As such, the victims can pursue justice as they receive the necessary medical and emotional aid. Detectives should be trained to be empathetic as it fosters trust and ensures the victims can share useful information. Overall, investigators should be educated on modern social and legal concerns that align with protecting sexual assault victims.
Specific skills are required to ensure that the investigative interviews align with trauma-informed approaches. The officers should be subjected to in-depth training on the rationale behind trauma-informed techniques. It will help them appreciate the need to avoid re-traumatizing a victim and the importance of establishing trust. Detectives should be trained on the neurobiological implications of trauma (National Institute of Justice, 2012). They should be knowledgeable of the impact of trauma on one’s memory, body language, eye contact, and tone. It will ensure that they do not misinterpret the survivor’s experiences. The investigators should have forensic interviewing skills. It entails the capacity to extract crucial information while making it clear that one understands the sensitive nature of the matter. Forensic investigative skills allow sexual assault survivors to share critical information without being subjected to additional distress. The officers should have active listening skills. It communicates that the investigator believes the victim’s experiences and account but is interested in capturing the scope of the incident. Therefore, investigators require special probing skills to undertake sensitive interviews involving sexual assault.
Investigators should be prudent in timing the initial and follow-up interviews due to the dynamics of memory recall and trauma exposure. The initial interview should be briefly undertaken as soon as possible (International Association of Chiefs of Police, 2015). It ensures that the victim can present as many facts as possible. Follow-up interviews should occur in the first few days following the incident. However, detectives should consider the memory recall window, which typically contains peaks and troughs. As a victim internalizes the incident, their memory can be impacted in unexpected ways. As such, investigators should consider the victim’s mental state when scheduling follow-up sessions. Flexibility should be prioritized when planning for such interviews. Some victims attempt to return to their regular routines as soon as they report the incident, as it helps them heal faster. Investigators ought to consider this rationale when planning future interviews. Ideally, the victims should inform the detectives of the best time to hold another interview. Expert involvement will ensure that the victim is comfortable and confident that justice will be served. Thus, detectives should be quick to schedule the first interview and prudent in planning subsequent sessions.
Trauma memory recall is different from the traditional understanding of incident information retrieval. Trauma-recall often entails fragmented pieces of information that the interviewer has to combine for a coherent narrative (Strand & Heitman, 2017). Stress hormones have been shown to affect how one recalls an incident. A sexual assault victim can easily depict challenges recalling the sequence of events. Investigators should be sensitive to victims since trauma often impacts one’s emotional state. It may lead to problems articulating or clarifying critical details. Interviewers should recognize that trauma memory often yields higher recallability for sensory impressions such as smells and sounds. It explains why sexual assault victims struggle, presenting a timeline of the incidents. Trauma often distorts one’s perception of time. Interviews should accommodate this nuance, especially when survivors present contradictory timelines for specific aspects of the incident. Unlike traditional memory, which can be invoked organically, trauma recall may present as flashbacks and delayed remembrance. As such, interviewers should use specialized techniques when constructing the sequence of events associated with sexual assault.
The FETI interview method addresses the consequences of trauma while allowing an investigator to extract reliable data. The approach reduces stress levels as it is designed to avoid questions that activate emotional triggers (Strand & Heitman, 2017). It facilitates the collection of psychophysiological evidence, such as sensory information, including flashbacks, nausea, and muscle movement. Such data is difficult to collect via traditional mechanisms. FETI helps prove or disprove various aspects of the details linked to an investigation. Under this technique, the victim controls various aspects of the interview, including the format and length of the sessions. It also facilitates providing more information after the session is completed. These provisions allow the patient to assume control. The FETI interview method is designed to allow the detective to extract and contextualize the victim’s thought process. It avoids revictimizing questions, which are often difficult to answer. For example, the method guides the investigator to avoid asking “why” questions as they may be deemed victim-blaming. Lastly, the approach fosters memory recall and helps the victims present facts more accurately. Overall, the FETI interview method is more appropriate than the traditional technique when collecting information from trauma victims.
Law enforcement officers should expect certain behavioral expressions from victims during the initial and follow-up interviews. A survivor can struggle to present an accurate chronology of the events that occurred during the incident (International Association of Chiefs of Police, 2015). It does not mean they are lying or being manipulative. Police officers should expect cases where a victim becomes tonically immobile during the assault. Freezing and failing to fight back during a sexual assault does not make the incident less credible. Many patients will express physiological and emotional reactions during interviews. Some common manifestations include anger, shock, trembling, and increased heart rate. It is common for a victim to repress the most challenging aspects of an ordeal. This reaction is often an attempt to erase such memories from the mind. Some victims have delayed memory recall. The interviewer should be sensitive and accommodating, especially when addressing post-interview remembrances. Therefore, detectives should expect trauma-related behaviors in victims’ responses during the initial and subsequent interviews.
Maryland victims’ rights laws offer several protections for assault victims. §11-1002(b)(1) requires that victims are treated with courtesy, respect, and dignity. According to §11-1002(b)(1), victims should promptly receive information about available support services (National Crime Victim Law Institute, n.d.). It includes emergency medical treatment, counseling, and creditor intercession assistance. Maryland’s laws also require the survivor to be informed about the court proceedings. They should be provided with details such as court sessions, dates, and post-sentencing processes. Some survivors respond positively to the assurance that an assailant is locked up. One of the primary reasons some victims fear reporting assault is the potential threats it may attract from the suspect. §11-1002(b)(4) requires that victims are informed about the nature of protection they will be provided as a result of cooperating with law enforcement. Under §11-1002(b)(6), detectives are required to inform sexual assault victims about potential financial compensation and assistance. §11-1002(b)(7) also facilitates information about employer intercession during the investigation process. Overall, Maryland victims’ rights laws require law enforcement officers to provide useful information to victims of assault crimes.
Maryland’s laws make specific provisions that distinguish sexual assault cases from other forms of aggression. §11-923 establishes a crisis program for such victims under the Department of Human Resources (National Crime Victim Law Institute, n.d.). Additionally, §11-924 provides that sexual assault victims be designated to a close facility for immediate care under the Department of Health and Mental Hygiene. Maryland’s laws under the General article §11-925 and §15-127 require that sexual assault victims be treated free of charge. The gesture removes the burden of incurring costs while reassuring the victim that the incident is not their fault. Unlike typical assault cases, the state’s laws allow the prosecution to present victim impact statements at various points during court proceedings. §11-1002(b)(11) notes that such statements can be entered during the sentencing hearing to increase the severity of the judgment. The state allows individuals to access the services offered under the Victim and Witness Protection and Relocation Program. Under §11-508(g), citing §§ 5-302 and 5-522, Maryland offers immunity for public officials involved in victim and witness services. As such, Maryland provides exclusive protections for victims of sexual assault crimes.
Positive victim experiences increase the rate of reporting, the quality of crime data, and the volume of resources dedicated to addressing sexual assault cases. A positive experience after reporting a sexual assault crime is linked to higher levels of trust. It increases the likelihood that the victim will not hesitate to contact law enforcement if similar incidents occur. It also encourages the victim’s friends and family members to report such matters. Most sexual assault crimes are never reported, which means that all crime data statistics are inaccurate. Positive reporting experiences will increase the accuracy of sexual assault crime data. In turn, it will help the government determine the best resource allocation strategies for tackling the matter. Accurate reports will also justify secondary efforts such as teaching students about sexual assault at a young age. Positive experiences will cultivate community cooperation in weeding out sexual deviants. It will aid law enforcement in closing cold cases whose details are hidden by uncooperating witnesses. The trend will lead to public support for policing efforts as law enforcement officers will process such cases faster. Overall, positive victim experiences will lead to better outcomes for survivors and the community on sexual assault crimes.
Conclusion
Sexual assault crimes are considered more heinous than other forms of aggression. Such crimes cannot be remedied through medical care or monetary compensation. Despite the socio-emotional implications, sexual assault crimes are rarely reported. One of the reasons victims refuse to speak up or share all the details following sexual assault is victim-blaming. The appropriate law enforcement training will ensure that the officers do not pose questions that may be perceived as victim-blaming. The language employed when questioning victims of sexual assault is critical. It determines whether victims heal from the trauma. The police and investigators have to assume the responsibility of following up with the victim after the first encounter. It has been proven to increase survivor satisfaction. Modern interviewing strategies such as FEIT techniques can be used to address the sensitive nature of extracting information from sexual assault survivors. Maryland victims’ rights laws have also been updated to include additional protections for sexual assault victims.
References
Centers for Disease Control and Prevention. (n.d.). Preventing Sexual Violence. Retrieved from https://www.cdc.gov/violenceprevention/pdf/sv-factsheet.pdf
International Association of Chiefs of Police. (2015). Sexual Assault Response: Policy and Training Content Guidelines. National Law Enforcement Leadership Initiative on Violence Against Women.
International Association of Chiefs of Police. (2017). Final Design Successful Trauma-Informed Victim Interviewing. IACP.
National Crime Victim Law Institute. (n.d.). State Constitutional and Statutory Victim’s Rights, Maryland: Maryland Victims’ Rights Laws¹.
National Institute of Justice. (2012). Interview with Dr. Rebecca Campbell on the Neurobiology of Sexual Assault (2 of 3). YouTube. https://www.youtube.com/watch?v=usmJ0YEpOec
Reamer, A. (1971). National Intimate Partner & Sexual Violence Survey (NISVS) — CDC invites comments to OMB (by 3/20). Retrieved from https://www.aeaweb.org/forum/3541/national-intimate-partner-sexual-violence-invites-comments#:~:text=Nearly%201%20in%205%20women,between%2011%2D17%20years%20old.
Strand, R. W., & Heitman, L. D. (2017). The Forensic Experiential Trauma Interview (FETI). Independent Consultants.
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