Protocols for interviewing minors involve building a relationship with the minor before asking the child to recount the suspected incident.

Why do these protocols place so much emphasis on building a relationship with the minor before the actual recounting of the incident?

What most specialized studies on interviewing children—whether or not they follow interview protocols—indicate is that insufficient relationship-building with the minor or a poorly established rapport directly influences the quality and quantity of the child’s accounts regarding the event under investigation.

Children arrive at the interview with various fears or preconceptions regarding what will happen during the interview, how the interview will proceed, the interviewer’s reactions, or the consequences of their statements. Some of the most common fears or preconceptions children have may include the following:

► fear of the unknown—where the interview will take place, approximately how long it will last, who will be present, what role each person attending the interview will play, where they will be seated, and where their parents will be;

► what will happen to the statements, who can read them, what will happen to the recording, who will see it, and whether or not the suspect will have access to the statements;

► what the child’s role is during the hearing, and what is expected of them;

► what will happen to the child after the hearing, the fear of being taken away from their family, the fear of being placed in a foster care facility.

The child’s contact with the judicial system can lead to increased anxiety or the onset of stress. It has been observed that as the child’s hearing approaches, their anxiety level increases; this process is known as anticipatory anxiety. Anticipatory anxiety can manifest in the following ways: the child thinks about the upcoming event (the hearing), their thoughts are filled with fear or anxiety, they dwell on what will happen, and they anticipate a negative outcome of the event and the interaction. On the one hand, the child may experience anxiety at the very moment the interview or hearing is taking place; on the other hand, the child arrives at the hearing with their own emotional state, feelings, or symptoms. Given this, it is all the more important to work toward reducing the child’s anxiety (whether it is triggered by the hearing itself or whether the child is already experiencing anxiety prior to the hearing).

When we speak of the anxiety experienced by the child, we are in fact referring to a certain level of stress that the child is experiencing. Therefore, in the context of criminal investigations, it is necessary to also focus our attention on the level of stress experienced by the child at the time of the hearing. Research on the relationship between long-term memory and stress shows that: stressful (emotionally negative) events are better encoded in long-term memory; however, the presence of stress at the time of recall negatively impacts the quality and quantity of the information recalled. Therefore, a low level of stress during the interview promotes the production of a statement that is as complete as possible and consistent with the reality of the events.

The manifestation of anxiety at the time of the interview, coupled with experiencing an inappropriate (excessively intense) level of stress, can lead to the following effects on the functioning of cognitive processes:

► Memory fragmentation (inconsistent accounts)

► Avoidance of painful content and dissociation (inconsistent, vague, brief, or underdeveloped accounts)

► Hyperarousal and anxiety

► Fear and distrust

► Emotional disturbances (irritability or, conversely, emotional detachment)

► Problematic or defiant behaviors (in young children: agitation, leaving the interview early, refusal to continue the discussion).

If we observe these manifestations in a minor during the hearing, there are a number of interventions that can be implemented to reduce the child’s anxiety and restore their emotional balance, while remaining focused on conducting the hearing:

► Being mindful of the child’s mental state, nonverbal and paraverbal behavior, and accurately identifying the emotions the child is expressing during the hearing;

► Following the guidelines in the hearing protocols to build a relationship with the minor and ensure their cooperation;

► Allowing the child to take breaks when stress levels prevent the child from concentrating adequately during the discussion;

► Demonstrating empathetic attitudes and reactions toward the child that are appropriate to their current state (for example, the NICHD hearing protocol recommends that if, despite your repeated attempts, the child remains uncooperative and refuses to communicate, you should end the interview and schedule another one to build a relationship with the minor);

► Balance between assessing the child’s emotional state and refocusing on the interview/hearing (following the recommendations in the interview protocols, it is advisable for the interviewer to pay attention to the child’s psychological state while simultaneously keeping in mind the central objective of the hearing—the child’s account of the event under investigation).

Bibliography:

Conducting Interviews with Child Victims of Abuse and Witnesses of Crime – A Practical Guide, Mireille Cyr, Routledge

The Child’s Testimony: Psychological Research and Judicial Practice, Michael E. Lamb, David J. La Rooy, Lindsay C. Malloy, Carmit Katz, ASCR, Cluj

The CornerHouse Forensic Interview Protocol: RATAC, T.M. Cooley, J. Pract. & Clinical L.

Article written by Patricia Aramă, clinical psychologist and expert psychologist specializing in the psychological assessment and forensic evaluation of children