Best practices for forensic interviewing
This report is currently under review.
While there is little standardization of forensic interviewing protocols and methods used when interviewing adult vulnerable victims in comparison to children (O’Donohue, 2021), researchers in the field of forensic interviewing have highlighted some best practices. Research has also examined challenges that have been noted by investigators, or by complainants during the forensic interviewing process.
The International Association of Chiefs of Police created a document outlining interview strategies for sexual assault incident investigation reports (International Association of Chiefs of Police, 2018). These guidelines were developed in collaboration with law enforcement as well as other legal actors and forensic professionals and provide recommendations to interviewers to consider while conducting forensic interviews. Forensic interviewers are encouraged to document all information given by the victim, even if it does not cast them in the best light. Efforts should also be made to avoid using leading questions, and to record the victim’s exact words instead of “cleaning up” the language for the report. This report also recommends that language used in documenting reports should reflect the use of force. For example, if a victim states, “he threatened me”, list the specific threats that were made, tones used, and gestures made.
In the context of interviewing children/youth, CYAC/CAC’s have established many best practices/guidelines. The CYAC/CAC model requires a multidisciplinary approach and encourages the sharing of information including pre and post interview debriefings (Rivard and Compo, 2019). Researchers have suggested that information about the child’s developmental history, cultural background and specific needs may be useful when planning a forensic interview for the purpose of planning effective interview questions and arranging an interpreter if necessary. Some also suggest that information regarding the allegation may be useful in guiding interview questions, interpreting children’s responses, and introducing the topic of abuse; however, if the allegation-specific information is inaccurate, it may jeopardize the neutrality of the forensic interview and accuracy of the child’s statement. Since CYAC/CAC’s attempt to conduct neutral fact-finding interviews, some literature suggests that limiting the interviewer’s pre-interview knowledge of the allegations, known as “allegation-blind” interviewing, is a promising strategy to reduce preconceptions and/or biases associated with pre-interview information. Very little research has compared the effectiveness of allegation-blind and informed interviewing methods; two studies, however, found that allegation-blind interviews with no previous information on the crime/allegation gathered more accurate details and information than those who had been informed (Cantlon et al.,1996; Rivard, Pena, and Schreiber Compo, 2016). Further research is needed in this area to determine appropriate settings in which information about the allegation can be provided to forensic interviewers without compromising the integrity of the interview.
Additional research has looked at training protocols, as well as real-world challenges investigators face in conducting forensic interviews. Tohvelmann and Kask (2023) highlighted the importance of quality training for practitioners conducting interviews, ensuring that victims/witnesses are treated respectfully, and professionally by investigators. Research has shown that interview quality, specifically adherence to best practices in interviewing child victims of sexual abuse is low, and the quantity and quality of training that investigators receive significantly impact their abilities to conduct successful interviews (Yuille, Cooper, Hervé, 2009).
A recent study examining challenges identified by investigators of adult sexual assault cases proposes modifications to investigative interviews to address these concerns (Westera, Powell & Zajac, 2023). In the study, the authors conducted interviews with 21 police investigators with extensive experience (average number of sexual assault interviews participants had conducted was 210) interviewing adult sexual assault complainants from Australia and New Zealand. Many of the concerns documented by interviewers are related to difficulties in attempting to gather as much relevant information as possible without re-victimizing complainants or deterring them from participating in the process. The authors argue that it would be beneficial to streamline interview protocols, or pare down the mneumonics, to focus on the most relevant information for the investigation. The authors also stress the importance of practitioners having the support (e.g., a professional support person) to manage complainants’ distress and psychological state, as well as investigators having appropriate attitudes and beliefs about sexual assaults (e.g., avoidance of victim-blaming or rape myths) to create a supportive interview environment.
Interviews with equity-seeking groups
Forensic interviews with vulnerable or equity-seeking demographics may require additional considerations during the interview process to ensure that pre-existing distrust of law enforcement is mitigated, and interviewees are not re-traumatized during the forensic interview. Rioja and Rosenfeld (2018) point to a consensus in the forensic mental health field that cultural competency is a fundamental component of both training and practice in forensic interviewing. They note, however, that despite this consensus, there is a lack of guidance on how these principles can be applied in the field. The authors advocate for practitioners to seek opportunities to increase their knowledge and understanding, for example through workshops, consultation or independent study. Some of the challenges identified include determining what type of cultural knowledge would be needed and how to attain the knowledge (e.g., religion, cultural norms and behaviours, etc.); whether and how to use interpreters; how culture might affect informed consent (i.e., since the concept is rooted in Western concepts of autonomy and self-determination); and how the rapport development phase of an interview might be impacted by culture (e.g., due to differing cultural conceptualizations of time, scheduling, or priorities) (Rioja & Rosenfeld, 2018).
A study examining cognitive interviewing with 2SLGBTQI+ survivors of crime provided recommendations for how to effectively conduct interviews for this demographic (Houston-Kolnik, & Vasquez, 2022). They suggest that discussing what a cognitive interview entails with the complainant prior to beginning was effective in assisting the complainant understand the process and expectations. The research also found that incorporating survivor-centered follow up prompts and questions were beneficial. Researchers had identified probes and questions that may be problematic for individuals who may have a history of trauma or victimization and did not think they would be believed (Houston-Kolnik, & Vasquez, 2022).
Research has also examined self-reported perceptions and police practices of interviewing victim/witness in a cross-cultural environment (Chenier et al., 2022). Two studies were conducted in a northern Canadian territory with a predominantly Indigenous population. The first study comprised an Internet survey administered to police officers investigating interview training, practices and cross-cultural issues encountered in interviewing. A second study examined and coded interview transcripts of Indigenous adult victims/witnesses to examine the types of questions asked, interruptions made by officers, and talking time. Results from these studies showed that most officers were not trained in scientific-interviewing protocols, but were aware of general investigative interviewing practices, such as rapport building and requesting a free narrative. Officers did not follow pre-established rules around the amount of time they should spend speaking, and officers frequently used unproductive question types (i.e., closed questions, leading questions). Most police respondents indicated that cultural differences impact their interviewing style, and cited challenges related to communication and language barriers with Indigenous interviewees. Officers reported that non-verbal communication, which is an important aspect of Indigenous cultures, can be easily misconstrued by officers (Chenier et al., 2022). This research highlights the need for cross-cultural communication training for police organizations that serve Indigenous populations.
Recent research on investigative interview techniques for vulnerable adults with communication and cognitive impairments highlighted some best practices for witnesses with more limited memory and communication abilities that would be applicable for these vulnerable adults. This includes keeping interviews as short as possible, using simple instructions, allowing for interviewees to ask clarifying questions, building rapport with open-ended questions, avoiding leading questions, and using questions that allow for narrative responses (Bearman et al. 2020).
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