The Language of Sexual Assault Crimes

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The Language of Sexual Assault Crimes
By Detective David Williams Fayetteville Arkansas
Police Department
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Comfort Women
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Language Matters

• Cases are won and Lost Due to Excellent or Poor
  Language Choices During
• Victim Interviews
• Documentation
• Testimony

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Victims Behavior Characteristics

• Self blame
• Humiliation and embarrassment
• Loss of affect or numb response
• Omission of details
• Reluctance to report
• Incomplete memory
• Nightmares/flashbacks
• Anger at others for not protecting him/her

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Emotions Involved with Sexual Assault

• Humiliation
• Shame and self-blame
• Guilt
• Fear of people
• Grief and depression
• Denial
• Anger and irritability

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Issues Specific to Sexual Assault

• Sexual assault is one of the few crimes that
  requires intense scrutiny into the believability
  of the victims description of the event
• It is probably the only crime in which the
  suspect can successfully defend himself by
  claiming the victim consented to the crime

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Three Major Needs Victims Have

• The need to feel safe.
• The need to express their emotions.
• The need to know what comes next after their
  victimization.

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The Role of Professionals

• The dignity and healing of victims depends on the
  respect and assistance extended by professionals.

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Re-victimization

• Insensitive questioning by police
• Criminal justice attitudes suggesting that the
  victim contributed to his/her own victimization
• Delays in the return of personal property
• Fear of reprisal by the defendant
• Lack of information on the status of the case

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Things NOT to Say

• Everything is going to be alright
• Dont cry
• You shouldnt feel that way
• I know how you feel
• You must get on with your life
• I promise Ill get this guy and hell go to
  prison for a long time

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• REMEMBER, YOU ARE THERE FOR THE VICTIM, THE
  VICTIM IS NOT THERE FOR YOU.

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Language in Interviews

• Language is critical in victim interviews.
• The victim may be the best evidence in a case
  if approached with the right interviewing
  techniques,.
• Mistakes by an officer during the interview or in
  reporting can have a positive or negative impact
  on the case.

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Language CAN

• Explain her thoughts and feelings
• Discover valuable corroborating clues
• Make a victim more willing and able to navigate
  the criminal justice process
• Lead to successful prosecution of a Known Violent
  Offender

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Language CAN Also

• Shut her down
• Confuse or under-inform judges, juries, media
• Lose cases that should have been won

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Good Verbal and Written Language Skills

• Maintains cooperation from victim.
• Clears up inconsistencies in statements.
• Encourages victim to tell the entire truth and
  not omit information which would later be used to
  challenge his or her credibility, e.g. drug or
  alcohol use.
• Builds a stronger case.
• Avoids re-victimization.

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The Interview

• Build rapport and trust
• Explain the purpose of the interview
• Address questions the victim cant answer
• Address concerns regarding prosecution
• Use open-ended questions
• Allow the victim control

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Importance of a safe, nonjudgmental environment

• Encourages a more thorough and truthful report
• Remove the incentive to be untruthful.
• My favorite place

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Information Needed by the Investigator

• Describe
• Victims behavior and relationship with the
  suspect
• Suspects behavior
• Document specific acts committed
• Suspects sexual behavior
• Establish force or threat of force
• Suspects description
• Establish M.O. or signature

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Challenge Lack of Physical Resistance

• Victims often dont resist because they are
  surprised, confused or fear injury or death.
• They are threatened if the assailant is larger
  and/or stronger.
• They are under the influence of drugs or alcohol.

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Police reconstruct the victims reality

• Describe her account including her thoughts and
  feelings.
• Reconstruct her reality for prosecutors and
  jurors so they will understand why she didnt
  physically resist her assailant.

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Challenge Delayed Reporting

• Delayed reporting is typical, especially in
  non-stranger assault.
• Imagine a child molested by a stepfather or
  other relative versus a stranger in the park. In
  which case is the victim most likely to go to
  police?

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Why victims delay reporting?

• They fear they wont be believed.
• Fear what will happen to their lives after they
  report.
• They dont recognize what happened to them as a
  crime.
• They feel shame and guilt.

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Overcoming the challenge of delayed reporting

• The interview should obtain information which
  explains the delay in reporting.
• Thorough documentation of actions and thoughts.
• Interviews with others the victim disclosed the
  assault to, especially the first person.

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Dealing with Inconsistent or Untrue Statements

• Why will a victim make an inconsistent or untrue
  statement?
• Rape trauma syndrome
• Discomfort talking about sex
• Repeated interviews
• Fear of blame, shame
• Their own drug or alcohol use
• Their own illegal behavior

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Problematic Language Areas in Documentation and
Testimony

• Erotic/Affectionate Characterization of Sexual
  Assault
• Suspect then made love with her
• She then had sex with him

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Problematic Language Areas in Documentation and
Testimony

• Sexual Assault as Distinct from Violence
• He kissed her and then put his penis into her
  vagina.
• He held her and slid two fingers into her.

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Problematic Language Areas in Documentation and
Testimony

• Appropriate Resistance by the Victim or
  Questionable Actions of Victim
• Victim stated she didnt do anything to stop him.
• Victim never made any attempt to scream or get
  away.
• Victim willingly drank alcohol with him.
• Victim never called the police after the alleged
  attack (delayed reporting).

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Problematic Language Areas in Documentation and
Testimony

• Good Character of the Offender
• Smith was polite and calm during the interview.
• He said he would never hurt a woman.
• Smith indicated that Victim is bi-polar and off
  her medications.
• Smith promised he would take care of her so we
  would not have to come back out.

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Problematic Language Areas in Documentation and
Testimony

• Grammatically Omitting or Minimizing Agent of the
  Assault
• Victim was assaulted.
• The woman said she is a victim of abuse.
• She said he is never violent unless he drinks.
  

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Problematic Language Areas in Documentation and
Testimony

• Cop Speak
• Suspect exited the vehicle and proceeded
• Oral Copulation
• Digital penetration

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Strategy

• Erotic/Affectionate Characterization of Sexual
  Assault
• Appropriate use of verbs and descriptions
• Raped or Sodomized as opposed to had sex with
  or made love with

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Strategy

• Sexual Assault as Distinct from Violence
• Include the violence in your reports and
  testimony and use vivid verbs.
• Suspect clamped his mouth onto Victims and
  forced his tongue into her mouth
• Suspect shoved his penis into her vagina and
  raped her

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Strategy

• Lack of Resistance or Questionable Actions by
  Victims
• Articulate her fears
• Understand WHY she didnt report
• Be honest about drug/alcohol use (its the
  omission thatll get you)

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Strategy

• Good Character of Suspect or Suspects Efforts
  to Blame Victim
• Understand Batterers M.O.
• Recognize efforts to charm/manipulate you.

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Strategy

• Grammatically Omitting or Minimizing Agent of the
  Assault
• NAME the Suspect and keep that person as the
  SUBJECT (action-taker) in your reports and
  testimony
• Bob Smith raped his girlfriend during the
  argument...

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Strategy

• Cop Speak
• Talk and Write Like a Professional, Approachable
  Person
• The suspect jumped out of his car and ran
• He then forced two of his fingers into her vagina

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Conclusion

• The words we use when speaking to victims and
  when documenting their responses and our findings
  are CRITICAL in terms of
• Successful Prosecution
• Long-term Emotional Recovery of Victim
• The Safety and Well-Being of our Communities