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Trauma Informed Victim Interviews (TIVI) for the Justice
System
Part One
Battered Women’s Justice ProjectDecember 14, 2018Presented by
Donna Kelly and Justin Boardman
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Disclaimer
This webinar series is supported by Grant No. 2015‐TA‐AX‐K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in these webinars are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
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We are Realists working for ChangeA cautionary note: It is not possible for the criminal justice system to be soothing and healing at every point in the process. It is not a therapeutic system –
it is, in fact, an adversarial system. Victims can be called to testify at hearings and at trial. Victims will be vigorously cross examined and confronted and often called untruthful by defense attorneys.
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We are Realists working for Change
It is our goal to help criminal justice professionals make our system more sensitive to traumatized people at whatever point that is possible, thus doing less harm to victims while at the same time bringing perpetrators to justice. We believe the best way to do this is by helping people become more informed about trauma and to implement that new found knowledge.
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“A good detective realizes that the victim in a sexual assault
case is by far the most important piece of evidence you have, and
that if you trample on that piece of evidence, it is much worse
than trampling on a crime scene.”
-- Barry Burkart, Auburn University
Professor of Psychology
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The Problem Defined
• Victims have a wide range of behaviors, some that seem bizarre
and counterintuitive
• Many behaviors and statements are interpreted as “lying” . .
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• . . But are actually the result of trauma
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Trauma responses areNORMALbiological responses toABNORMALevents.
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Summary of Trauma Principles
Trauma has a powerful effect upon behavior/memory.Trauma can
impair memory encoding and the ability to describe some details of
the events. The brain typically fixates on certain aspects of the
experience and ignores extraneous information. We must focus
interviews on things that are more likely to be remembered during
trauma:
• Details most important to survival• Threat of harm (often
called “weapon focus”)• Emotions• Sensations (five senses)
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Summary of Trauma Principles
Memories are often like “snapshots” and not like a video of the
event.
It is common for there to be gaps in the account.
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Summary of Trauma Principles
Chronology of events is often difficult.
When asked questions about the assault, victims are often unable
to describe the assault in a linear or chronological fashion.
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Summary of Trauma PrinciplesRecall of traumatic memories can be
slow and difficult.Cortex may be impaired during the interview, so
keep questions simple.
“Even years later traumatized people often have enormous
difficulty telling other people what happened to them. Their bodies
re-experience terror, rage, helplessness, as well as the impulse of
fight or flight, but these feelings are almost impossible to
articulate. Trauma by nature drives us to the edge of
comprehension, cutting us off from language based on common
experience of imaginable past.”
"The Body Keeps the Score: Brain, Mind, and Body in the Healing
of Trauma“
Bessel van der Kolk, M.D., 2014
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Once we understand trauma and its effect on behavior and memory, it is our job to make our interviewing process as consistent with the trauma science as possible.
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This will do a few important things:•
Dramatically improve the quantity of detail given by the victim•
Dramatically improve the quality of the account•
Promote healing for victims
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VictimSuspect
Communicates Similarly Communicates Similarly
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Suspect Victim
Communicates DifferentlySame as it was
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Suspect Police
Communicates Similarly Communicates Similarly
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Police Victim
Do you see a problem?
Communicates DifferentlySame as it was
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What doesn’t work for TIVI
Interview techniques that DON’Twork:
• Who, What, When, Where, Why• Any interview involving
confrontation – because a stressful interview can reactivate the
trauma response
• Rapid fire questions• Polygraph, voice stress analysis
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Changes to Victim Interviews
• Do NOT ask victim to do a complete or detailed written
statement while still traumatized
• Calm, caring, emotional response by the system will calm down
the trauma response (defense circuitry) and allow victim to access
more detail from memory
• Slow down the interview process
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Create a Soft and Supportive Environment
A gray room with a metal table is not conducive to allowing
victims to relax, open up and give as much detail as possible.
Whenever possible, do interviews in a welcoming, relaxing
space.
Soft and comfortablePrivate and safe
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Use mindfulness calming techniques
• Calms the trauma response• Promotes a detailed statement from
the victim
For example• Just sit here with me and take a deep breath• You
are safe while we are here• I’m sorry you are going through this•
We are here to listen• We want to help and want you to be safe
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Common Responses after an Assault
• Physical and Emotional violation• Powerless• Hopelessness•
Loss of control• Overwhelmed• Intense FEAR• Embarrassed
Victim may be experiencing during the interview
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During the interview do the opposite of what perpetrators do
• Empathetic expression• Empower and give victim choices• Open
posture• Interested• Active listening
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Victims will often give you the visceral.
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Suspects can give you the time line.
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Looking for the BAM!• The BAM! happens in MOST, not all sexual
assaults• It doesn’t happen in consensual sex• It happens when a
situation goes from a normal expected
experience to unexpected events• Weapon focus doesn’t happen
during consensual sex
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After the BAM!• Freezing or ‘Tonic Immobility’• Fainting or
Collapsed immobility• Perception = Reality• Embarrassment •
Visceral• Fear
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Things to Expect during TIVIBehaviors of victim may be unusual,
including:• Flat affect• “Strong” emotions• Emotional mood swings•
Irritable/argumentative• Difficulty concentrating• Difficulty
retrieving memories
These behaviors may be present when the traumatic memories are
re-activated.
PLEASE REMEMBER: “It ain’t about you.”
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A Better Approach to TIVI
The interview should look more like a child forensic interview
than like a suspect interview.
IDENTICAL GOALS: Get victims talking in narrative form and let
victims choose what details are given
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The Key Differences in TIVI
Victim should control the narrativeVictim should be doing most
of the talkingYou are a facilitator of the victim’s statementKeep
your mouth shut and stay out of the way
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Benefits of the TIVI
• These aren’t as SPOOKY as it sounds –even skeptical officers
report success with TIVI.
• When TIVI is used, it helps keep the victim involved to the
end of the case.
• TIVI maximizes the amount of detail given by the victim, and
improves the case.
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Trauma Informed Victim Interview
• The interview is separated into three phases
• This is meant to serve as a GUIDELINE and is fluid in
nature.
• Every victim and case is different.
The Trauma Informed Victim Interview that follows was copyrighted by the Utah Prosecution Council in 2016.
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“You can do it.”
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Justin [email protected]‐231‐0881
Donna [email protected]
Please join us for Part 2 of this series to be held Friday, January 11, 2019.
