Cultural Sensitivity in the Forensic Interview Process
By Victor I. Vieth1
Introduction:
The Need for Cultural Sensitivity
There are at least two compelling reasons that forensic interviewers of child abuse victims need to be culturally sensitive. First, cultural ignorance, insensitivity or bias may impair our ability to protect some children from abuse or neglect. This can happen in myriad ways. For example, our insensitivity may cause a child to shut down and otherwise refuse to communicate with us. Second, insensitivity could lead child protection officials to label benign conduct, such as cupping2 or coining3 as “abuse.”
Cultural sensitivity before the forensic interview
Cultural sensitivity toward child abuse victims is not something we employ in individual, select cases. Cultural sensitivity is a process whereby we continue to educate ourselves about the cultures we interact with and apply that continually growing knowledge in every case. There are at least seven steps a forensic interviewer can take on the road toward cultural sensitivity.
First, be firmly grounded in the dynamics of abuse. The process by which children disclose abuse has been presented as a model entitled the “Child Sexual Abuse Accommodation Syndrome.” According to this model, the victimization of a child is engulfed in secrecy. Because the child is often abused by an authority figure, she feels trapped and helpless. In dealing with the abuse, the child victim accommodates or accepts the relationship. When the child discloses the abuse, it is often an unconvincing disclosure. For example, a family conflict may trigger the abuse allowing the perpetrator to contend that his attempt to discipline the child resulted in a fabrication of abuse. Subjected to familial and societal pressure, the child typically recants the allegation of abuse. Indeed, Dr. Roland Summit concludes that “(u)nless there is special support for the child and immediate intervention to force responsibility on the father, the girl will follow the ‘normal’ course and retract her complaint.”4
Researchers David Finkelhor and Angela Browne offer another framework, entitled the traumagenic model, to explain the impact of sexual abuse on children. First, traumatic sexualization results in shaping the child victim’s sexuality in a “developmentally inappropriate and interpersonally dysfunctional fashion as a result of sexual abuse.” Second, a sense of betrayal results when the child victim discovers that “someone on whom they were vitally dependent has caused them harm.” Third, the victim feels powerless because the child’s “will, desires, and sense of efficacy are continually contravened.” Fourth, stigmatization “refers to the negative connotationse.g. badness, shame, and guiltthat are communicated to the child around the experiences and that then become incorporated in the child’s self-image.”5
Second, understand that the dynamics of abuse can be more pronounced in children victimized by bigotry. Researcher Gail Wyatt notes that the four dynamics of abuse victims identified by Finkelhor and Browne would also be present in children victimized by discrimination. Wyatt contends, for example, that “some ethnic minority children and adults may internalize these negative expectations about their sexual attitudes and behavior.” Such a result, she claims, would parallel traumatic sexualization. Exposure to bigotry and discrimination may cause parallel feelings of betrayal, stigmatization and powerlessness.6 Wyatt argues that as professionals develop an understanding of the effects of sexual abuse, “it becomes critically important to examine the cumulative impact of other forms of victimization.”7
Third, identify the various racial, ethnic and religious cultures in the community or communities you are serving. What cultures, other than your own, are you likely to deal with in your job? As one commentator notes, “child abuse professionals in most parts of the country are highly likely to work with ethnic minority families because these are over-represented in the child welfare system.”8
Fourth, educate yourself about the history of the people you will be serving. As one commentator notes, this “knowledge should occur on a broad cultural level (e.g., how did a Southeast Asian community emerge in your city?) as well as on an individual level (how does it happen that a specific Southeast Asian client lives in your city?).”9
Fifth, develop diversity in your multi-disciplinary team and in child maltreatment leadership positions. As one commentator notes, “White people (I am one) may face hardship for other reasons, but we are not followed in stores, denied bank loans” or otherwise singled out because of race. 10 A diverse team will assist all members in understanding unique dynamics that may be at work in the lives of some of the children we interview.
Sixth, develop links with the diverse cultures in your community. In the rural, Minnesota community where I served as a prosecutor, we did a diversity training for our MDT and then set up a series of meetings with leaders in the local Lao community to discuss issues of common interest and to build necessary bridges. The county attorney’s office also designed a six-week training course to teach immigrants about the legal system.11
Cultural sensitivity during the forensic interview
There are several things that can be done to make the interview setting and the interview itself culturally sensitive. First, include culturally diverse artwork in your Child Advocacy Center or child-friendly interview room. Simply putting up pictures of children from different cultures sends a message that all children are welcome here and that children of varied backgrounds have come here.
Second, make sure that all services, paperwork and outreach materials are readily available in the language of the families you will be working with. Involve members of local cultures in developing and screening the materials that will be used. Review and update the materials periodically.
Third, make sure all the tools that may be used in the interview are culturally appropriate. For example, anatomical drawings and dolls should reflect the race and ethnicity of the children you are interviewing. It is insensitive to ask an African-American child “which doll looks most like you?” if the only dolls you have are European-American.12
Fourth, be sensitive to the possibility of a non-traditional family. When, for example, you inquire as to a child’s family, be aware that the child’s “dad” could be a step-dad or a boyfriend of mom. Don’t act shocked if a child says he has two moms or dads.
Fifth, during the interview, look for clues of potential cultural issues. For example, if a child asks “Am I still a virgin in God’s eyes?”, the interviewer should follow up with a question such as “What makes you wonder that?” The child may then reveal deep-seated religious issues that the perpetrator may have exploited.
Sixth, remember that each interview is unique. Although there is some research to suggest that children are more likely to disclose a negative secret to an interviewer of their same race,13 it is also possible that interviewers from the same group may be mismatched and people from different backgrounds can work cooperatively together. Do not assume, for example, that a man cannot interview a sexually abused girl. Much more important than gender compatibility is the interviewer’s knowledge of child development and ability to ask sensitive, linguistically appropriate questions. Your goal is to establish a professional relationship characterized by trust and acceptance.
Cultural sensitivity requires us to think broadly. Cultural considerations include race, ethnicity, language, sex/gender, socio-economic status, sexual orientation, disability, age, and religion. Problem areas may include:
The child’s experiences. If a child has had extensive experience with law enforcement, that could impair your ability to develop rapport with the child. If the child is part of an immigrant family, he/she may fear deportation. If the child has been exposed to domestic violence and has previously witnessed one or both of his parents being arrested, that may increase the child’s apprehension about speaking to a law enforcement officer or otherwise trusting the “system.” This is one reason why law enforcement officers who conduct forensic interviews should be in plain clothes. In such a scenario, it may be necessary to devote more time to developing rapport with the child before exploring the sensitive topic of abuse.
Language. Be prepared for the child’s language. The interviewer should mirror the child’s language. If you don’t understand a term the child uses, simply ask. In some cases, you should use an interpreter.14
Socioeconomic status. Child abuse cuts across all socioeconomic levels. People have difficulty believing that abuse happens in “good” families. Don’t assume that a wealthy family from a culture similar to yours could not contain a perpetrator or victim of child abuse. There is research indicating “perpetrator socioeconomic status seemed to influence a professional’s decision to report an incident to CPS with perpetrators of low socioeconomic backgrounds more likely to be reported.”15
Male victims. The victimization of boys is dramatically under-reported in part because boys are afraid of being stigmatized as weak, gay, or both. Boys are also more likely to be threatened with physical violence. All of this may create a barrier between the victim and the interviewer. A simple reassurance that the interviewer has talked to lots of boys about “stuff like this” may be helpful in easing this barrier. Such a comment lets the child know he is not alone.
Teen victims. There are several potential problems with this group. For example, some teens may not view themselves as victims. They may claim, for example, they are in love with their adult boyfriends. Victims may fear what their own pleasure, passivity or response might mean in the context of disclosure. It is also easy to blame teens for the abuse. When interviewing this population, it may not be appropriate to mirror their language (they may think you are trying to be hip, and you may only end up looking, at best, ridiculous). If possible, prepare the interview room for teen victims.
Cultural sensitivity after the interview
After the interview, continued cultural sensitivity involves at least two aspects:
First, the multi-disciplinary team (MDT) should consider culture in conducting the rest of the investigation. The team should ask the family about religious or other cultural practices that may impact on the child victim or that may be mistakenly labeled as abuse. Be wary, though, to verify the accuracy of a caretaker’s pronounced culture. Some perpetrators claim that abusive conduct is part of their religion or culture when, in fact, it is not.
Second, the MDT should consider a child’s culture in selecting therapy and other services. I had a case where a child stated she kept the abuse a secret because her personal religious belief was that sex outside of marriage was sinful and she did not want to be condemned in her church or by God. Statements such as this are red flags that the child has a cultural or religious issue that needs to be addressed.
Conclusion
Martin Luther King, Jr. said the “true neighbor will risk his position, his prestige, even his life for the welfare of others.”16 As I travel around the country, working with numerous forensic interviewers every year, it is clear to me that those toiling on the front lines are willing to risk their prestige in revamping local child protection systems to improve the quality of our investigations. But if we are to create a system that truly leaves no one behind, cultural sensitivity, in its broadest sense, must be at the heart of our efforts.
Director, APRI’s National Center for Prosecution of Child Abuse.
Cupping is practiced in some Latin American and Russian cultures. Under this folk medicine practice, “a vacuum is created under a cup or glass by placing a small amount of material under the vessel on the skin and burning the material.” J. A. Monteleone & A.E. Brodeur, Child Maltreatment Second edition 5 (1998).
Coining, also known as cai gio, is a form of folk medicine practiced in some Southeast Asian cultures and involves rubbing a coin or spoon that has been heated in oil on an ill child’s neck, spine and ribs. Id.
Roland C. Summitt, M.D., The Child Sexual Abuse Accommodation Syndrome, Child Abuse and Neglect 3 (1985); Roland C. Summitt, Abuse of the Child Sexual Abuse Accommodation Syndrome, Journal of Child Sexual Abuse 41 (1992).
Finkelhor and Browne, The Traumatic Impact of Child Sexual Abuse: A Conceptualization, American Journal of Orthopsychiatry 55(4) October 1985.
Gail E. Wyatt, Sexual Abuse of Ethnic Minority Children: Identifying Dimensions of Victimization, 21 Professional Psychology: Research and Practice 338-343 (1990).
Id.
Lisa Aronson Fontes, Introduction: Those Who Do Not Look Ahead, Stay Behind, 6(2) Child Maltreatment 83, 84 (May 2001).
Fontes, Consider Culture in Counseling for Sexual Abuse, 8(1) The Family Digest, International Association of Marriage and Family Counselors.
Fontes, supra note 8 at 84.
Victor I. Vieth, In My Neighbor’s House: A Proposal to Address Child Abuse in Rural America, 22 Hamline L. Review 143, 176 (1998).
For additional information on the correct use of anatomical dolls in an investigative setting, see Lori S. Holmes, Using Anatomical Dolls in Child Sexual Abuse Forensic Interviews, 13 UPDATE number 8 (2000) (American Prosecutors Research Institute, Alexandria, VA).
A study asking children to dislose the secret of who hid someone’s purse found that only “20% of Black children disclosed the negative secret to the White interviewer … whereas 67% of them disclosed to an interviewer of their own race.” Glorious K. Dunkerley & Constance J. Dalenberg, Secret-Keeping Behaviors in Black and White Children as a Function of Interviewer Race, Racial Identity, and Risk for Abuse in Kathleen Coulborn Faller, Maltreatment in Early Childhood: Tools for Research Based Intervention 13, 20-21 (1999).
For helpful suggestions on the use of court interpreters, see Matt Hardy, Ten Tips on Using Court Interpreters in Child Witness Cases, 11 UPDATE, number 12 (1998) (American Prosecutors Research Institute).
Fontes, Child Maltreatment article, supra at 160, citing G.L. Zellman, The Impact of Case Characteristics on Child Abuse Reporting Decisions, 16(1) Child Abuse and Neglect 57-74 (1992).
Martin Luther King, Jr., Strength to Love 35 (1963). |