The Suggestive Interview and the Taint Hearing: How Much Is too Much?

ABSTRACT

Although conducting an interview as part of a sexual abuse investigation is not identical to interviews conducted in other settings, the basic principals of interviewing apply here as they would anywhere else. For example, prior to conducting an evaluation it is important that the interviewer obtain as much background as possible, understand the circumstances of the case, and prepare in advance for the interview. The use of open ended, non-leading questions is of paramount importance, as is the absence of other coercive techniques such as bribery, repeated questioning, and use of threatening statements. A critical component to any investigation is the ability of the investigator to remain neutral, and to evaluate critically information coming from multiple sources. The atmosphere and emotional tone of the interview are highly dependent on the interviewer and as such, interview biases can be introduced via non-verbal and verbal meta-communication. When these basic concepts are applied to the interview in question, it is clear that the interviewer did not adhere to the fundamental principals of interviewing. Not only was the investigation into the background of the child and the family sparse and lacking in substance, but the interview is replete with examples of interviewing techniques that have been found to effect the reliability of children's testimony. The current interview was reviewed by the author for the purposes of a Taint Hearing and involved the critical evaluation of interview techniques utilized by the interview.

KEYWORDS:

• Child suggestibility
• Taint Hearing
• child testimony
• suggestive interview
• child interview