by Cpl. Hunter McDonald,
Victoria RCMP Sub/Division G.I.S.,
Victoria, B. C.
Introduction
Child sexual abuse has finally been recognized as a much
larger issue than previously thought. Training for the investigators of
such crimes is an area that is being addressed amidst a controversy
over the necessity for developing generalist vs. specialist skills.
This article deals with issues concerning support of the victim, rights
of the suspect, investigation and prosecution. It should be borne in
mind that the American experience indicates that lawsuits against
investigators, prosecutors and counsellors are emerging and that we, in
Canada, must be prepared for the backlash that is already being
reported in the media.
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Child Sexual Assault - Definition
In B.C., the accepted definition of child abuse is derived from the
Family & Child Services Act, and includes "any sexual touching,
sexual intercourse or sexual exploitation of a child and may include
any sexual behaviour directed toward a child.
For my purposes, I will refer to chronic (long term) assault as sexual
abuse and the more violent (or, once only) offence as acute or sexual
assault. Approaches to both types of complaints differ slightly,
especially in the speed and order in which the process is conducted.
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Public Concern
Many of you, I am sure, are aware of several major reports that have
been published and debated - the most notable of which is the Badgely
Report. This 1984 Royal Commission surveyed the problem in Canada and
brought to light some disturbing statistics: that one female in four
and one male in ten prior to the age of 18 had a sexually inappropriate
experience.
Statistics may indicate the magnitude of the problem but, no matter
what the total number of offences, any offence is, for the victim and
family, a traumatic experience. It follows that our investigation must
be sensitive, objective and thorough.
There was a
recent high profile case in British Columbia in which a school teacher,
Robert Noyles, was found to be a dangerous sexual offender. This case
raised the ire and awareness of the public, especially parents. This
case, and many others like it, have also raised the issue of protection
for persons being accused. Recently, some members of the legal
profession have suggested that an accused should not have his or her
name published unless a conviction is registered.
As police officers,
we are well aware of the delicate balance between the rights of the
accused and those of society. By and large, our criminal justice system
is fair. However, what if you, as a police officer, were accused of
sexually assaulting a person? What protection would you have? What can
such accusations do to your reputation, your marriage, your career,
your self esteem? Obviously, it can be devastating to a person to be
wrongly or maliciously accused. It is crucial that we, as objective
investigators, be aware of and sensitive to the needs of all parties.
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Personal Assessment
As with other areas of police investigation, not
everyone is "equipped" to deal with child sexual assault complaints.
You should ask yourself the following questions:
- "Do I have the right
attitude, skills and interest?
- "Can I cope with the pressure of
continuously dealing with an emotionally charged crime?
- "Will I burn
out?
- "Can I be empathetic yet objective?"
If, in answer to these and
other self analytical questions, you can say, "Yes, I want to do this
type of work,", then the next step is to gain the knowledge of the
dynamics of victimization and to sharpen your skills in dealing with
pedophile suspects.
However, because of personnel requirements,
changing shifts, and 2 varying sizes of departments and detachments,
you may not have a choice in whether or not you conduct these types of
investigations. Fortunately, most police officers can change mental
gears when the need arises. Indeed, the ability to disconnect (or
disassociate), then reconnect, is a key to our emotional survival and
effectiveness as police officers. The issue of "burnout" is not new to
us. Yet, when interviewing a four-year-old girl who has been abused by
her dad, we need empathy and compassion when dealing with victims and
sometimes even with suspects. That is not always easy to do.
Certainly
as this article unfolds, the question may be asked, "Can we expect
every officer to gain the insight, knowledge and experience to be
effective in this field of work?" Effective listening and communication
skills, coupled with a sense of humour, are appreciated by victims.
Lastly, the question must be asked, "Why do I want to do this? Is it
because I am a victim or am related to one? Am I too close to the
problem to be objective." Only you can answer these questions.
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Police Deployment
The following are possible approaches depending on
personnel availability and situation.
- In small or mid-size municipal
agencies or RCMP· detachments, the selection of a core of
suitable and trained general duty members is often beneficial. After
all, in . chronic abuse cases, an urgent response is often not required
unless protection of the child's life is an issue. In non-urgent or
chronic cases, the complainants can be contacted and advised when the
designated officer will next be on shift. They can also be given
support material and the names of resource persons prior to the
beginning of a criminal investigation. In sexual assault (urgent)
cases, time is of the essence and the normal procedures would apply.
- A plainclothes general investigation section can be:
(a) Crime Against
Persons Unit handling homicides, all assaults, sex crimes, spousal
assaults and abuse of the elderly.
(b) Crimes Against Property
developing expertise in all robberies, arson, frauds, break and enter,
etc.
Such a split allows officers to develop the expertise required
within their area and streamline investigations.
- The formation of a
Sex Crime Unit specializing in child-related offences but also dealing
with pornography and prostitution is another option and ideally,
involves teams of police officers and social workers (a male and
female if possible) who handle the complaint right through to
prosecution. The skills and attitudes that a highly-motivated team
bring together ensures that all areas of concern are addressed,
including the objective and victim-supportive gathering of evidence for
prosecution.
Working out of the same office enhances communication and
helps to break down inter-agency stereotypes. Expertise increases as
each discipline is exposed to the other. The flow of an investigation
allows for joint interviews of the victim, followed by the social
worker continuing to work with the victim, by interviewing school
teachers, counsellors and other knowledgeable persons, and finally by
setting up therapy and court preparation. The police officer would
follow up on finding and arresting the suspect. Both would then
contribute to the court brief. Such a team can remain active in
supporting the family right through till disposition of the case. If
the family still requires assistance after court, the family would be
referred to a regular social worker office.
As each manager decides on
the format that fits his or her agency's situation, it is paramount
that the issue of "burnout" be addressed when seeking volunteers. A
maximum time limit R.C.M.P. GAZETTE of two to three years may be
necessary.*
[ *It is
possible that the reader could be mislead into believing that burn-out
is directly related to length of service.in a particular duty. Burnout
is not necessarily prevented or resolved by placing a time limit on the
number of years served on any particular duty. There are numerous
environmental and personal factors, which, if addressed, could prolong
service without any appreciable burn-out. Ed. ]
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Network Protocols
In our everyday work we use resources
and contacts to assist us. They come from many sources. Too often the
old cliches about social workers, mental health professionals and
others place obstacles in the road to effective teamwork. Similarly,
many other professionals hold stereotypical views of police officers.
British Columbia has incorporated into the
Inter-Ministerial Child
Sexual Abuse Policy Handbook the concept of doing what we
already do in
many other "areas of police work; that is, meet on a regular basis with
other concerned parties. An open exchange of information, in a'
confidential and supportive atmosphere, between social workers,
prosecutors, physicians, public health nurses, school counsellors, and
mental health employees, ensures that manipulative suspects do not fall
through the investigative cracks. A face-to-face exchange between all
involved parties is the main benefit.
Such meetings can be split into
two parts, the first intended to share general non-confidential
information regarding new techniques, studies and protocols, involves
all persons mentioned above. The second, more confidential case-related
part, can be just between social workers involved in current cases,
police and prosecutors. I cannot stress enough the improvement in
understanding gained by all parties into each other's roles and
expectations.
The formation of structured protocols in each area,
accompanied by lists of key personnel, is the most effective way
to give service to the community. A package including names and phone
numbers of key local agencies and personnel, along with an outline of
the procedures the victim(s) should expect, is appreciated by families.
It has been my experience that burn-out can be reduced by developing
specific protocols and networking as doing so allows "helping"
professionals to feel less isolated and overwhelmed by the immensity of
the tasks faced.
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Male and Female Teams
On occasion, you may hear that
sexual assault is a "feminist" issue. However, on the street, it
rapidly becomes clear that it is a "people" issue. While most of the
offenders are male and a high percentage of victims are female, a
significant number of victims are male and more than the occasional
offender is female. It follows that the attitudes, insights and
abilities of the investigators are fundamental to obtaining accurate
disclosures. The gender of the investigator is not the key -
professionalism is.
However, a male and female team sends a subtle
message to the victim - that not all men are bad. Such a team gives the
child a positive set of role models to assist in the healing process,
at a time when he or she needs to be able to trust again. If the child
does not feel comfortable in the presence of one of the interviewers,
that one can leave to facilitate communication. Many women, especially
in the counselling professions, can establish a rapport with a young
child which will continue after the initial disclosure.
It is
particularly important when dealing with adolescent victims of
homosexual attacks that the victim's desires regarding gender of the
interviewers be considered.
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PRIMARY VICTIM
It is easy for us to see the
immediate results of property offences. Usually, an insurance policy
will assist the victim in recovering from the financial loss. However,
the victim's sense of frustration, of having been violated cannot be
readily seen by the officer. A violent assault is documented on the
court brief. Photographs and medical reports catalogue the injuries.
Usually, an adult victim will eventually articulate the appropriate
feelings, may seek therapy, and will probably reach out for help. On
the other hand, young children do not know how to cry out for help.
They may not have the words or understand what is causing them to feel
badly. They may be scared to tell. In short, if they cannot articulate,
they may "act out". (See Appendix).
When a person in a position of
trust or power sexually violates a child, several things result. A
breach of trust (a key element in a relationship) occurs and a "secret"
is created. The power to reward or punish is invoked and used with
devastating effect in some relationships, for example, teacher and
pupil; step-father and child. When a parent or relative offends, the
effect is lifelong. The special relationship a child had with "Mom" or
"Dad" is destroyed forever. Many victims suffer well into midlife
because of the unresolved feelings. These feelings translate into
behaviour problems in adolescence and into relationship issues in
adulthood.
We, as investigators, should not be surprised if the child
refuses to open up. The longer the time over which the offending has
occurred, the more patience will be required. Before anything can
happen, a bridge of trust must be built between the victim and the
professional. Many contacts may have to be made before a disclosure is
given. The needs of the victim must be uppermost in our minds. The loss
of power and control over their own needs and bodies has been removed
by the offender. We must return control to the child and offer choices,
albeit very focused ones.
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Mixed Feelings
When a child is victimized by
a parent, relative or person in a position of authority or trust, a
complex set of emotions is created. The natural love or respect for the
offender is still there, however the victim knows something is wrong
and may not be able to 3 separate the emotions into easily described
feelings. A child may love someone but not
like what they are
doing. On
the other hand, a female victim of incest who may have "replaced" Mom
may like the attention and reward's that go with allowing such abuse to
continue. Fear, embarrassment, guilt, and hate are usually layered
under the surface and must be patiently peeled away by the interviewer
before a full disclosure can be obtained.
The guilt which a child can
be made to feel if the offender loses his/her job or goes to jail is
inappropriate. Jealousy, angry relatives, public embarrassment and
break-up of the family can cause the victim to be ostracized or
intimidated into not proceeding with the initial disclosure. Loss of
family income provided by the suspect can also be a major issue causing
the child to withdraw or recant a disclosure.
In addition, the child
may enjoy the sexual feelings aroused by the fondling and this may
conflict with the subconscious feeling of not liking it. He or she may
get messages from helping professionals that he/she was not supposed to
like the "feeling". This may increase the guilt and prevent a full
disclosure. We must not run down the offender as the child may still
have positive feelings for him or her. We can, euphemistically, say
that the adult has a "touching problem" and it is his/her fault, rather
than the fault or responsibility of the child.
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Male Victim
If the
offender is male, the male victim then has the stigma of homosexuality
hovering over his head. His sexual identity comes into question, posing
several immediate dilemmas:
- Why me, am I gay?
- I am male, I am
supposed to be strong, I should have stopped it.
- The general
perception is that homosexuality is unnatural and, therefore, I must be
bad.
It is important that these feelings be acknowledged and explored,
over and above the others previously mentioned. It is the
current
belief that a high percentage of male victims become offenders
themselves. In one recently reported case, the offender, during
therapy, discussed his journey from victim to offender. "I used to have
nightmares every night; then, when I started to touch other boys, the
nightmares went away".
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THE SECONDARY VICTIM
Recognition of the damage
to non-offending parents, family members and friends must be borne in
mind. How many times have we heard a father state, "If anybody ever
touched my children, I would kill him." We cannot afford to ignore
these statements or feelings that might not be stated. We must
recognize that in most cases anger, frustration, fear and lack of
knowledge, will hinder the investigation. The non-offending parent must
be seen as a victim and dealt with accordingly for three reasons:
- a)
The child needs a loving, supportive and consistent home environment to
assist the healing process. This cannot happen if uncontrolled anger
still abounds in the home.
- b) We must prevent the occurrence of a
serious criminal offence against the suspect. This only compounds
everyone's problems.
- c) We must recognize the genuine sorrow and loss
of dignity caused to parents by the violation of their offspring and
breach of their own trust by the suspect, whether spouse, friend,
teacher or babysitter.
Reading material and information must be offered
to the family members to assist them in facing the trauma of the
disclosure, the counselling and the possible criminal and custodial
actions that may follow.
Also, many non-offending parents may
themselves have been victims and may have not yet dealt with their own
abuse. These parents will have to be counselled concurrently with the
work being done with the child, preferably by the same counsellor.
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The author, a native of Scotland, emigrated to Canada
in 1965 and
joined the St. Boniface, Manitoba, Police Department the following
year.
He joined the RCMP in 1969 and has worked general
duty detachments, a highway patrol unit and marine services. He also
participated in the E. R. T. programs, was a team leader for several
years and has been a shift NCO and a detachment commander.
Cpl.
McDonald lectures in the areas of cross-cultural education as well as
child sexual assault and has done so for both the RCMP and the Justice
Institute of B.C.
You may contact the author at:
inquiries [AT] childsexabuse.ca