Coordination of history taking and investigative interviewing
Coordinate medical forensic history taking and investigative interviewing. Examiners typically ask patients to provide a medical forensic history after initial medical care for acute problems and before the examination and evidence collection. This history, obtained by asking patients detailed forensic and medical questions related to the assault, is intended to guide the exam, evidence collection, and crime lab analysis of findings. Law enforcement representatives also collect information from patients to help in the apprehension of suspects and in case investigation.
[1] Prosecutors familiar with the legal requirements of the criminal statutes may also need certain specific information.
Gathering information from patients often takes place soon after they have experienced the assault. Not only can discussing the assault cause patients to feel re-violated, but their emotional and physical condition may make communication difficult. They may also be uncomfortable discussing personal matters with involved responders. Those seeking information about the assault should work collaboratively to create an information-gathering process that is as respectful to patients as possible and minimizes repetition of questions.
[2]
Promote a streamlined, victim-centered information-gathering process. Jurisdictions employ several methods, including the following:
- Communication and coordination among responding officers, examiners, investigators, and prosecutors as they go about their separate information-gathering processes.
- Examiners, investigators, and prosecutors together ask patients basic questions. One asks questions while the others listen. They then speak to patients separately to gather remaining information required.
- The medical forensic history and investigative interviews are conducted simultaneously to the extent feasible. The SART should determine the information-gathering process, reflecting the best use of resources and needs and consent of patients. The team may agree that a particular person or agency will be the main questioner, resulting in one end document.[3]
Whatever the method selected, jurisdictions should carefully plan how they will coordinate the logistics of medical forensic history taking and investigative interviewing.
[1] The Web site of the Violence Against Women Online Resources offers several resources on law enforcement investigation of sexual assault crimes. See
www.vaw.umn.edu/library/sexassault.
[2] Some repetition of questions is likely to occur during the exam process.
[3] Caution should be exercised if combining medical forensic history taking with investigative interviewing. At the time of such information gathering, patients may not want to speak with law enforcement or be ready to go into the extensive details needed for investigative purposes. Patients may withhold information from law enforcement representatives or not want to talk with them about certain issues (e.g., their menstrual cycle or types of penetration). They might feel more comfortable talking to examiners in private about these topics. There is also a concern about questioners asking questions outside of their realm of responsibility.