Victim interviews for Sexual Assault investigations

 

Definitions

Cultural Safety: Physically, socially, emotionally and spiritually safe environment created by recognizing and respecting the cultural identities of others and considering social and historical contexts as well as structural and interpersonal imbalances.

Sexual Assault: Touching of an objectively sexual nature to which the Victim did not consent.

Supportive Accompaniment: Person, service animal, or object to provide emotional (or other) support before, during, and/or after the police interview with the Victim.

Trauma-Informed Practice: Evidence-based approach that integrates into practice how past and current experiences of violence impact Victim trauma, memory, reactions, and behaviour with a goal to avoid re-traumatization throughout the investigative process and to support Victim safety, choice, dignity and control.

Victim: Individual who is reporting a Sexual Assault against them, also referred to as a survivor or complainant.

Victim-Centered Approach: Practice of putting at the forefront a Victim’s rights, safety, needs, and wishes by offering information, support(s), and options whenever appropriate.

Standards

Interviews

The Chief Constable, Chief Officer, or Commissioner must ensure that: 

(1) Policies and procedures on interviews require that:

(a) interviews use an interview style, approach, or strategy, appropriate to:

(i) the interviewee’s role in relation to the case (Victim, witness, or subject of the complaint), and
(ii) the age or other considerations related to characteristics of the interviewee;

(b) separate interviews are conducted for each interviewee; and
(c) officers’ decisions related to the interview(s) including the reasons why the statement of the Victim, witness, or subject of the complaint was not sought or obtained, are documented.

Victim-Centered Approach to Interview of the Victim

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(2) Written procedures are in place that describe the interview process that should be followed by officers during Victim interviews, including:

(a) Trauma-Informed Practices and interview techniques, including but not limited to:

(i) providing the Victim with the option to delay the interview until they feel ready and rested,
(ii) where operationally possible, conduct the interview while not in uniform (e.g., wearing plain clothes, or without weapons or body armour),
(iii) providing a comfortable interview environment in a place appropriate to the nature of the interview where available and whenever practicable,
(iv) seeking an uninterrupted narrative using open-ended questions (i.e., pure version), and
(v) reassuring the Victim of the investigative and fact-finding purpose of follow-up questions that may be necessary;

(b) requirements related to video and audio recordings of interviews with Victims; and
(c) requiring the officer to discuss the interview process with the Victim, including informing the Victim of what can be expected during the interview, including:

(i) the purpose and the importance of recording the interview,
(ii) that notes may be taken during the interview,
(iii) that the Victim may request a break if needed during the interview,
(iv) that the Victim may add further information to their statement at a later time, and
(v) options related to the Supportive Accompaniment(s) a Victim may need to proceed with the interview;

(d) requiring officers to take steps to ensure the Victim is willing, and ready to provide an account of the events; and
(e) additional guidance or resources for investigating officers on considerations related to Cultural Safety and effective and trauma-informed interviews (e.g., the impact of trauma on memory, legal considerations, and examples of effective interviewing practices).

Supportive Accompaniments related to police interviews with Victims

The Chief Constable, Chief Officer, or Commissioner must ensure that:

(3) Written procedures are in place that describe the options for Supportive Accompaniment(s) available in relation to the interview with the Victim and require the officer to discuss these options with the Victim.

(4) Further to Standards (2)(c)(v) and (3) above, where the Victim is requesting that a support person be present during the interview, and prior to conducting the interview with the Victim, an officer must take the following preparatory steps, including but not limited to:

(a) assess the nature of the connection, relationship, or rapport between the Victim and a potential support person (e.g., whether a requested support person has prior involvement or knowledge of the event or the investigation), and the potential for a support person to be called as a witness;
(b) discuss with the support person the interview process and expectations, taking into consideration the support person’s skills, training or experience and ways to mitigate the impact their presence may have on the interview and investigative process;
(c) make a recommendation to the Victim, based on the information and assessment in Standards (4)(a) and (b) above, and discuss with the Victim the role, benefits, risks, and expectations related to the presence of the support person, and that the Victim may decide at any point in the process not to include a support person in the interview or ask the support person to leave during the interview;
(d) ensure the Victim has an opportunity to ask questions and discuss their preference related to Supportive Accompaniment(s) during the interview; and
(e) document on the file the course of action and the steps taken with regard to Supportive Accompaniment(s) related to the interview, including a synopsis of the discussions required above.

(5) Further to Standard (3) above, procedures address the use of interpreters including:

(a) guidelines for determining the extent of communication barriers (e.g., language, literacy or ability) and whether an interpreter is needed, consistent with the Memorandum of Understanding on disclosure, signed between the BC Prosecution Service, the Public Prosecution Service of Canada (BC), and all police agencies in British Columbia;
(b) relatives or friends should not be used as interpreters during the interview unless exigent circumstances exist; and
(c) requiring officers to note on the file the reasons for decisions related to an interpreter.