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victims_rights.pdf

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Page 1 of 3 Psychology of the Victim

Victims’ Rights A couple of hours ago, one of the patrol officers brought Vivian Cooper to the police station to file a rape case against Cooper’s boyfriend. The sergeant assigned Detective Pomush, the newest member of the sex crime branch of the Centervale Police Department, to the case. Pomush did not have any specialized training in dealing with sex crimes and sex victims, because the closest training being offered was in another state and the department had a freeze on out-of-state training. The sex crime branch had six male detectives and one female detective. With the exception of Pomush, all other detectives were loaded with work. Since this was Pomush’s first case, the sergeant assigned another male detective, Detective Robinson, alongside Pomush for help and assistance. A female detective was available, but she had just taken the last walk-in, and the sergeant tried to be as fair as he could with the workload of his detectives. Cooper was made to sit in the interview room. After a couple of minutes, Detective Pomush and Detective Robinson walked in with the case file she had filled out against her boyfriend. Pomush started the interview with general introductions and some basic questions about where Cooper was the previous night and how long she had known her boyfriend. During the interview, Pomush noticed that Cooper’s clothing was torn and her hair was all messed up. She had dirt on her trousers, and her makeup was smeared, possibly from crying. However, while being interviewed, she did not cry and was very angry about the questioning. The interview continued for a long time, and after some time, Cooper started getting fidgety. She asked a couple of times to go to the bathroom, but Robinson told her that she needed to wait until after her rape exam, which would take place at the hospital after the interview. The questioning continued for over an hour, and toward the end, Pomush started asking some very accusatory and inappropriate questions. Sensing something was not right, Robinson asked Pomush to step outside the interview room for a second. In view of the victim but out of earshot, Pomush explained to Robinson that he did not believe the victim’s story, because she was not crying and was not upset, she was angry about the questions instead of being helpful, and she smelled of alcohol.

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Page 2 of 3 Psychology of the Victim

While the two detectives were talking, Cooper got up and walked out yelling that “she was out of here” and was going to file a complaint. Cooper left the police station, and no evidence was ever collected. The lengthy interview was on tape, which was later used in a civil suit against the police department. The suit was settled quietly out of court for a large, undisclosed amount of money. Based on the facts provided about the case, attempt the following nongraded exercise. 1. There were several mistakes made by the sex crimes branch. Which of the following

is one example of victim mishandling?

A. The female victim was interviewed by a male detective.

B. The victim was not allowed to use the restroom.

C. The victim was interviewed prior to her sexual assault exam.

D. The two detectives talked in secret in view of the victim.

The correct answer is C.

Feedback It is imperative that victims not be allowed to use the restroom or to shower after a sexual crime until the rape exam has been completed in order to preserve evidence. Therefore, the proper protocol is to transport the victim as soon as possible to the hospital for examination and to conduct the interview later. 2. There were several mistakes made during the interview. Which of the following is

one example of an incorrect interview procedure?

A. Allowing an untrained detective to interview a victim of sexual assault

B. Confronting a victim about truthfulness due to her reaction to the event, as well as her appearance and use of alcohol

C. Tape-recording the interview

D. Both A and B

Victims’ Rights

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Page 3 of 3 Psychology of the Victim

The correct answer is D. Feedback It is insensitive to be more concerned about sharing the workload among detectives than to offer the best services possible to a traumatized victim. Also, confronting a victim about truthfulness is a necessary part of police work, but it must be done only after sufficient evidence warrants such an approach. 3. Which of the following is true about interviewing a victim of sexual assault?

A. Because the victim has been through a traumatic experience, it is best to

ask only closed-ended questions.

B. It is all right to ask leading questions to an adult victim during an interview because adults are not as easily manipulated as children.

C. In a sexual assault case, it is all right to ask the victim to make a phone call to the suspect and trick him into making admissions while the detectives tape-record the call.

D. None of the above options is true.

The correct answer is C.

Feedback

Sometimes, the only way to obtain a confession from a suspect is to have the victim talk to the suspect under close police supervision. It is also appropriate in some cases to have the victim wired and meet the suspect in person while detectives stay close by for protection. Cases in which confessions are obtained over the phone are pled out and never go to trial.

Victims’ Rights