by Cpl. Hunter McDonald,
Victoria RCMP Sub/Division G.I.S.,
Victoria, B. C.
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FINISHING OFF
When a disclosure is obtained, tell the child
that it was difficult for her and that you believed her. If you use the
dolls, ensure the dolls are dressed again, as they must be treated as
"persons". Invite the supportive parent( s) into the room and let the
child relax. In the presence of the victim, tell them that you believe
their child, that she is brave and needs support. Let them see
non-vital parts of the video. Their sharing allows the child to talk
and the parent(s) to understand what occurred during the interview.
With the child's permission, the parents may wish to see the entire
tape at a more convenient time. If you do not believe the story, do not
challenge the disclosure at this time. More investigation will have to
be conducted into why the story may not be true.
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Recanting
The withdrawing or changing or denying of a sexual abuse complaint is not
uncommon, especially among adolescents. Understanding, patience and
judgement are required by the authorities.
The pressure placed on a
victim by the supporting parent, siblings and other relatives can be
unbearable. They may not believe her. Mother may see the financial
support disappear at the same time as her own self-esteem and sexuality
are being questioned. There are many hidden reasons which may lead a
child to say she lied about her original charge. Maybe she was lying;
perhaps the complaint is false.
If the charge has been laid against the
suspect and a court date is imminent, it is suggested that a stay of
proceedings be entered rather than a withdrawal of the charge. The
child may 7 have initially told the truth. If the victim continues to
receive support and understanding over the next few weeks/months, she
may well feel strong enough to go through with it. If you initially
believed the child and nothing has happened to change that except her
recanting, then tell her you understand the problem. Has the accused
threatened her? Try and find out through other avenues what pressures
are being exerted. If you still believe her, keep in contact and
provide whatever support you can.
Perhaps you do not believe the
victim. In that case try and discover the motive for lying. The
polygraph may be the technique of last resort. If the victim is too
young, the suspect may agree to take the test.
If the child was
counselled to recant, then appropriate action should be 8 taken against
the counsellor, consult the crown counsel with any information you may
receive.
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Medical Exams
From a police perspective, there are two
purposes for a medical examination. The forensic exam is performed to
document any evidence of trauma to the victim including the presence of
disease and to provide evidence in court. On the other hand, the
medical exam is held in order to treat any physical or psychosomatic
symptoms that mayor may not be related to the abuse.
Many children feel
that they are "damaged goods" and it is paramount that these fears be
dealt with by medical personnel to assist in the victim's emotional
recovery.
The forensic exam ideally is conducted by a pediatrician or
general practitioner who is willing to testify and is experienced in
this field. If you cannot obtain the services of such a physician, then
contact one who is willing but not that experienced. Explain that you
only want them to document their findings. The interpretation can be
done at a later date by an expert, obtained by the Crown. The cost of
the forensic exam is usually paid by the Crown. If the matter involves
a member of the immediate family, because of possible conflict of
interest, you should not, if at all possible, use the victim's or
suspect's family physician.
The order of such an exam depends on each
case and its urgency. However, if the child is ill, the symptoms must
be dealt with prior to the forensic exam. In recent violent assaults,
the normal hospital rape protocol will apply. The
preservation of human fluids and other exhibits is facilitated by the
use of a sexual assault kit (see recent article in Vol. 49, No.6, RCMP
Gazette). In larger centres, the emergency room physician is an ideal
resource to conduct the forensic exam in recent or violent assaults.
It
is vital to liaise with your local hospital and medical personnel in
order that the following are established:
a) an on-call list of
interested doctors;
b) a sexual assault protocol; ,
c) a sexual assault
evidence kit;
d) the availability of color photography; and
e) the
rapid completion of medical reports.
Ideally, a non-urgent exam should
be conducted away from the emergency room and preferably in the
doctor's own office. Only the most urgent cases should be done at the
emergency room.
The controversy surrounding AIDS, herpes, and other
sexually transmitted diseases is a difficult issue for us to deal with.
Do we test the victim? Vaginal and anal swabs can detect gonorrhea,
chlamydia, trichomonas, and yeast infection. Genital herpes and warts
may be present. Syphilis and AI DS are detected by blood tests.
The
decision to test the victim must be made after consulting with the
parent(s), family doctor and the investigator. The facts of the case
and the profile of the suspect are keys to this difficult issue.
Needless to say, the presence of any such disease will corroborate and
support the disclosure. The presence of venereal disease in the victim
may lead to discussion with crown counsel about more serious charges,
especially if the suspect knowingly transmitted a possibly fatal
disease. Every effort should be made to test the suspect or at least to
get his/her medical records.
Many parents who are child abusers
frequently change doctors and hospitals. It is important in cases
involving serious injury or death that medical VOL. 50, No.3, 1988
records be obtained from the medical services plan in order that all
physicians and hospitals used by the parent( s) be canvassed to
identify the history of the child and family. In many cases, normal
pathological procedures will also assist in identifying old injuries.
In order to question a suspect and test his or her excuses, it is
important that we have knowledge of the key areas in sexual abuse. For
example, the hymen is a thin membrane inside the vagina, with a small
opening which allows fluid to discharge. In a young child, this
membrane is usually intact. The size of the opening differs in
children, however, it can be measured. The older a child becomes the
larger the hymenal opening. There exist several norms for young
children and an expert can testify as to what these measurements should
be. If the hymenal opening is stretched or torn, the physician should
be able to record his or her observations and, hopefully, measurements.
Certain trauma can indicate what type of abuse occurred, whether
self-inflicted or abuser inflicted.
Occasionally, a suspect will say the
child fell on some hard object such as a bicycle crossbar. If the
child's hyman or inner tissues are injured but the labia majora or
outer lips of the vagina are normal, then it is safe to say that the
crossbar is not the source of the injury. Similarly, if upon
examination of the anus, the "wink reflex"* is not present, it is a
good indication that it has been subjected to repeated penetration. It
is important that investigators become familiar with and knowledgeable
about the medical aspects of sexual abuse. [
*The doctor runs a "Q-tip" over the entrance to the rectum. If the
anus tightens up reflexively, then it is probably normal. If upon the
"Q-tip" test, the anus becomes flaccid and loose, it may well have been
penetrated. Also, tears or fissures may emanate from the anus in all
directions.]
DAY CARE INVESTIGATIONS
These cases are the most complex we face - the age of the
children, the number of victims and families to be interviewed, are
just
some of the problems. Many day care centres are licensed, but there are
many that are not.
Sometimes the suspect is not known, especially if
there are several employees and the children are very young and not
verbal. How do we protect the children during the investigation?
Sometimes the suspect may be the owner (licensee) or in the owner's
family or an employee. How do we ensure everyone's rights are looked
after? Do the authorities suspend the licence? Do we advise the owner
before we have definite proof? All such questions must be considered.
Normally, we will be working with the day care licensing body during an
investigation. In British Columbia, the Provincial Child Care
Facilities Licensing Board has the mandate to look after the welfare of
the residents of the facility. It must also consider the economic
interest of the operator. In B.C., the medical health officer in each
area can obtain assistance from the Ministry of Social Services
& Housing by way of a social worker. The police are also
mandated to assist. If criminal charges are not proceeded with, the
Licensing Board can hold a hearing into the allegations.
The McMartin
Day Care Centre investigation in Los Angeles, California, provided us
with some important information. That case involved nearly 400 children
who had to be interviewed. Many were 3 or 4 years of age. Some of the
disclosures were so bizarre that credibility was an issue. The children
were interviewed on video upon the first contact with investigators.
Initially, the majority denied abuse, however, on subsequent
interviews, some disclosures were obtained. As a result, the operators
of the centre were charged criminally. The case is still before the
courts and a civil suit has been launched by the defendants against
the prosecutor and counsellor.
Bill C15
Bill C-15
This recently proclaimed Act amends the Criminal Code and
the Canada Evidence Act. This Bill does two things:
- creates new
child-oriented offences; and
- eases the evidentiary process for a
child.
The following areas have the greatest impact on the police
investigation:
Section 140 - Creates the offence of touching, directly
or indirectly, for sexual purposes, a person under 14 years.
Section
141 - Specifies if the child is counselled or incited to touch any
person, including the accused, for a sexual purpose.
Section 146 -
Identifies an accused who is in a position of trust, authority, or who
the child may be dependent on.
Several other offences were created,
Le., parent or guardian procuring sexual activity, a householder
permitting sexual activity, and lastly, exposure to a person under 14
years.
Child prostitution is dealt with by way of a person living off
the avails and in a common bawdy house.
The evidentiary provisions
cause the greatest change.
In all offences mentioned in 246.4, it is
not required that the evidence for a child of any age be corroborated.
The judge may order that a complainant testify outside the courtroom or
behind a screen or other device in order that the complainant not
see
the accused. Closed circuit television and
communication facilities
must be provided to protect the rights of the accused.
Section 643.1 CC
allows for the adoption of the video taped disclosure by the
complainant in lieu of "live" testimony. The tape must have been made
"within a reasonable time" after the alleged offence. The victim must
take the stand to have the tape adopted as evidence. The alleged
offence must have occurred prior to the victim's 18th birthday.
Section
16(1) of the
Canada
Evidence Act spells out that if a proposed witness
is under 14 years or whose mental ability is challenged, the court will
examine to determine whether the person:
-understands the nature of an
oath or solemn affirmation; and,
-is able to communicate the evidence.
Section 16(2) notes that where a person does not understand the oath or
affirmation but is able to communicate, the person may testify on
promising to tell the truth.
Section 16(4) states that where a person
cannot satisfy either the oath part or cannot communicate the evidence,
the person shall not testify.
Only judicial decisions and time will
show if these bold changes have the desired effect. The government has
built in a reviewing procedure in order that the changes can be
modified if required. The immediate result for the police and social
workers will be an increase in prosecutable offences. However, we must
be cautious that the lowering of evidentiary requirements does not
affect our thorough and objective evaluation of all available evidence.
[ TOP ]
In order to avoid some of the above
pitfalls, a co-ordinated and planned approach must be taken. Once
the issue of protection has been dealt with, the
labourous task of interviewing multiple victims has to be undertaken.
The result will have to be tabulated in a meaningful way.
Suggestions:
a) design interview forms to include information valid to that case
(include child's and parents' statements);
b) design graph or charts to
document results;
c) form male and female teams;
d) do the initial
interviews without video (use forms);
e) if a disclosure seems
possible, videotape subsequent interviews;
f) use the same interviewers
for subsequent interviews; and, g) computerize results, if possible.
Corroboration
If a spouse is a witness to an act or utterance, it is
important to get a written statement as soon as possible. The chances
of spousal "amnesia" developing are high, especially when the
ramifications of the process unfold. Under Sec. 4(2) of the Canada
Evidence Act, spouses are compellable and competent witnesses.
Statements from other family members, including siblings, should be
promptly obtained. Similar fact evidence is vital to sex cases where
the victim is of tender age. This evidence often resides with
relatives, neighbours (past and present) and work colleagues. Many
times the other victims are older and can really give the edge to the
prosecution. Occasionally a victim will tell you about incidents as
long as she does not have to testify. These witnesses should be given
consideration, if at all possible.
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The Suspect - Arrest
In most
criminal offences, surprise is the best strategy when dealing with a
suspect. In many abuse cases, this element is lost as the suspect knows
that the child has disclosed. To offset the tactical disadvantage,
investigation and thoroughness can often win the day.
When obtaining the disclosure, if the child describes a unique
piece of furniture, pornographic material or key elements in the
offence (i.e., a dildo), these items can be searched for when armed
with a search warrant going to arrest the suspect. Often an offender
will deny the child was ever in his/her residence. The more the
individual denies or talks, the better. Get photographs and diagrams of
the residence. Search for diaries, letters, memos, videos, computer
discs that can be used to discover other victims and also may show
predilection to certain kinds of acts. Children's underwear,
sado-masochistic equipment and restraints are all important. Vaseline,
rectal jelly, sedatives and illegal drugs are also used to facilitate
sexual acts.
In the event that you are in a position to question the
suspect at length, the fact that many offenders were victims at one
time lends itself to using the same interview skills needed with
nondisclosing child victims.* In the event that the suspect denies the
offence, it is often appropriate to confront him or her with the video
tape of the child's disclosure. [ *However, the
skills/techniques needed in interviewing a suspected pedophile cannot
be dealt with satisfactorily in an article of this length. ]
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Bail
The policy in the Victoria area of
B.C. is to arrest, process and, if the suspect is to be released, be
set free on stiff conditions. These conditions could stipulate:
a) no
contact with the victim or his/ her family;
b) not be in presence of
persons . under the age of 16 years;
c) not to frequent certain
establishments.
The usual prohibition of alcohol or drugs, if involved
in the offence, should be sought.
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Prosecution
The B.C. Ministry of the
Attorney General has stated that vertical prosecution is
the norm in that the same designated prosecutor will stay with the
child right through all court levels.
Court Preparation
If no support
groups are available, then the police or the prosecutor will have to
spend time with the child in and out of court in preparation for the
court appearance.* The child should be taken to the courtroom and
allowed to watch another case. When the courtroom is empty, he or she
should be given the opportunity to stand in the witness stand and get
her bearings, especially where to look when testifying. [ *The book
So
You Have to Go to Court (reviewed in Vol. 49. No.2, RCMP
Gazette) is
written for children and could be loaned to him/her. ]
[ TOP ]
CONCLUSION
As a
major social problem of the 80's, child sexual abuse requires a
thorough and empathetic investigation. Such care, patience, and skill
both protect an innocent person falsely accused and go a long way to
making sure that a guilty person is tried, convicted and punished.
Dramatic advances and improvements in ttie investigations of such
crimes have been made in recent years but there is still a long way to
go.
Reprinted with
permission from British Columbia Medical Journal 26(7):435,1984. 11
APPENDIX**
Physical and Emotional Indicators of Child Sexual Abuse
Nonspecific symptoms in preschool children
- excessively clinging
behavior
-poor sleep, excessive fear of the dark
-encopresis (especially
secondary) [bowel incontinence]
-enuresis (especially secondary)
[urinary incontinence]
-abdominal pain without any physiological basis
- fear of men, or of one particular
individual
- urinary tract infections
- vaginal infections
-
anal-fissures
Nonspecific symptoms in school-age children
- sudden
worsening of performance in school
- sleep disturbances
- truancy
-
running away from home
- fear states, phobias, hysteria
- fire-setting
depression
- memory or concentration disturbances
- overly detailed,
age-inappropriate knowledge of sexual behavior
- somatic complaints
without any physiological basis [physical complaints]
- urinary tract
infections
- vaginal infections
- anal-fissures
Nonspecific symptoms in adolescents
- running away from home
- truancy
- depression
- abdominal pain and headaches without any physiological
basis
- assuming a "wifely" role in the household
- prostitution
- drug
abuse
- alcoholism
- stealing
-pregnancy
-preoccupation with sex in
conversation
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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