NCJ Number
52447
Journal
POLICE LAW QUARTERLY Volume: 8 Issue: 1 Dated: (OCTOBER 1978) Pages: 20-24
Date Published
1978
Length
5 pages
Annotation
THE PROCESS AND ISSUES INVOLVED IN THE HANDLING OF VICTIMS AND SUSPECTS IN RAPE CASES ARE DISCUSSED.
Abstract
THE INITIAL INTERVIEW WITH A RAPE VICTIM SHOULD BE CONDUCTED IN A PRIVATE SETTING WITH ONLY THOSE PRESENT AGREED TO BY THE VICTIM. SHE SHOULD BE TOLD THAT SHE IS NOT REQUIRED TO SPEAK TO ANYONE ABOUT THE MATTER, INCLUDING THE POLICE. PRIOR TO THE INTERVIEW, THE INVESTIGATOR SHOULD EXPLAIN ALL ASPECTS OF THE LINE OF QUESTIONING THAT WILL BE PURSUED, PARTICULARLY THE NECESSITY FOR QUESTIONS OF AN EXPLICIT NATURE. IT IS IMPORTANT THAT THE INTERVIEWER NOT DISPLAY DISGUST OR SUSPICION ABOUT THE VICTIM'S INVOLVEMENT IN THE INCIDENT; OTHERWISE, RAPPORT WITH THE VICTIM AND THE POSSIBILITY OF RECEIVING ACCURATE AND DETAILED INFORMATION WILL BE GREATLY REDUCED. IT IS VERY IMPORTANT FOR THE INVESTIGATOR TO ESTABLISH TWO THINGS: (1) THE VICTIM'S EMOTIONAL AND OUTWARD PHYSICAL APPEARANCE AT THE TIME OF THE INTERVIEW, AND (2) HER INTENT REGARDING PROSECUTION. ASSURE HER THAT SHE CAN RELY ON THE DEPARTMENT TO SEE THAT SHE WILL NOT BE HARASSED OR DEMEANED IF SHE PROSECUTES. AFTER RECEIVING THE VICTIM'S PERMISSION TO TAKE NOTES, ASK HER TO RELATE THE INCIDENT FROM BEGINNING TO END WITHOUT INTERRUPTING WITH QUESTIONS. THE NEXT POINT OF CONCENTRATION SHOULD BE UPON THE OFFENDER. HIS RELATIONSHIP TO THE VICTIM AND ALL MATTERS RELATED TO HIS IDENTIFICATION SHOULD BE DETERMINED. SPECIFIC QUESTIONS TO BE ASKED IN ACQUIRING IDENTIFICATION INFORMATION ARE LISTED. THE LOCATION OF THE INCIDENT AND THE VICTIM'S ACTIVITIES PRIOR TO THE RAPE ARE IMPORTANT IN THE SEARCH FOR PHYSICAL EVIDENCE AND INTERVIEWING WITNESSES. THE VICTIM SHOULD ALSO BE ASKED TO VIEW PHOTOS IN DEPARTMENT FILES. SHOULD A SUSPECT BE TAKEN INTO CUSTODY, HE MUST BE GIVEN MIRANDA WARNINGS. ARRANGEMENTS SHOULD BE MADE FOR THE VICTIM TO VIEW A SHOWUP CONTAINING THE SUSPECT AND AT LEAST FOUR OTHER SUBJECTS OF SIMILAR PHYSICAL CHARACTERISTICS. IF IDENTIFICATION IS MADE, INTERROGATE THE SUSPECT. THE INTERROGATION PROCEDURE IS DESCRIBED. (RCB)