CONDUCTING CONSULTATIONS WITH CHILD WITNESSES

CONDUCTING CONSULTATIONS WITH CHILD WITNESSES

 
I. PROBLEMS ENCOUNTERED WHEN CONSULTING WITH CHILDREN
As mentioned in the previous sections, communicating with children can be difficult due to the different characteristics of children, such as their developmental stage, their language abilities, the context of the crime and the people involved. Therefore, when consulting with children, lawyers must be aware of all the factors that may have an impact on this interaction. These are summarized in the section below:
1. Feeling of fear
Fear is perhaps the biggest barrier to communication when talking to children. There are many reasons for this fear:

• threatened with harm, imprisonment, or even death
• fear of punishment
• fear of discrimination
• fear of being rejected by family
• fear of the process due to lack of understanding.

Fears, whether real or imagined, can be overwhelming for children. It is important that the person interviewing the child acknowledges these fears and addresses them in some way. For example, an introduction by a lawyer and an explanation of their role and an acknowledgement of the child’s fears can help to correct the child’s perceptions. All explanations should be given in a developmentally appropriate manner and will obviously depend on the child’s age.
2. Communication
An understanding of language development and the communication challenges children face is essential to conducting successful interviews with children. Children do not use language in the same way as adults and there is a high potential for misunderstandings if the interviewer is not trained to communicate with children, which will affect the quality of evidence obtained from the child.
3. Child development
As mentioned earlier, understanding the different stages of child development is important in order to recognize and explain possible inconsistencies and confusions in a child’s statements. For example, recognizing that a four-year-old does not understand relationships means that lawyers will avoid questions of this type. To achieve this, interviewers need to know what children can understand, how they view the world, and how they can understand questions.
4. Confusion
Children may feel ashamed of what they have done or what has happened to them and this can interfere with communication. Children feel embarrassed to talk about sex with adults, especially adults who are strangers. Children may also feel ashamed of what they have done and feel guilty. To help children feel comfortable, especially when it comes to sex, it is important to allow them to talk about topics that are traditionally considered taboo. Therefore, it is best to introduce the topic and let them know that you feel comfortable talking about it.
II. PREPARING FOR THE CONSULTATION
To conduct a successful consultation with a child at any stage of the process, the attorney must be thoroughly prepared. The most important question to address is the purpose of the consultation, as this will determine what preparation is required. Preparation begins with gathering background information. Knowing something about the child and their family can provide valuable information to assist the attorney in communicating with the child. The younger the child, the greater the need to gather background information.
To communicate effectively with a child, it is essential to help the child feel comfortable. Being forced to share information, often sensitive details, with a stranger can be frightening and embarrassing for the child. If the lawyer has some background information about the child and their family, it can make the interview much easier for both parties. It is even more difficult to build rapport when the lawyer knows little or nothing about the child’s family and social life. When counseling children in conflict with the law, it is important to have some background information to ensure a better understanding of the situation so that a decision can be made on the specific case.
Preparation can vary in extent and form, depending on the circumstances and available resources. Gathering basic information can take time, but it is well worth the effort. Lawyers may have only one opportunity to create an environment that is conducive to the spontaneous and comfortable giving of information; and the more information they have, the easier it is to do so. Children in conflict with the law may not be willing to share information that could put them at a disadvantage.
The basic information gathered about the child's interests and friends can be used to develop interactions with the child. In the case of a child victim, this will provide valuable information in predicting what to prepare for the interview. For example, the approach to a child who has actively disclosed information will be different from one who has unintentionally disclosed information. In the case of a child in conflict with the law, this information will help the lawyer to have a more realistic grasp of the situation, such as whether the child goes out with friends, whether the friends use drugs?
This information can be obtained from the parent or carer and it is best to interview the parent or carer separately before interviewing the child victim. This will help you to better understand the situation and the relationships involved, which will help to make the interview easier.
 
 

The following information will be useful for the interview with the child: • Child's name, age, gender and any developmental issues • Any disabilities • Family composition and custody arrangements, if any • Names of family members, and names of friends, if relevant • Environment and care schedule • Nature of allegation and surrounding circumstances • Possible misunderstandings about the incident • Possible motives for false allegations In the case of an allegation of sexual assault, the following information should also be collected: • Names used by the family for body parts • Family practices relevant to the allegation, i.e. nudity, shared bathing, showering • Relevant medical treatment, e.g. recent use of vaginal suppositories

III. CONSULTATION ENVIRONMENT
Once the necessary background information has been gathered, the solicitor can now determine where they want to conduct the consultation. The location will obviously play a key role in the success of the consultation, so the consultation should be held in a place where the child can feel comfortable and communicate easily.
Privacy is a key factor in choosing a location for any effective consultation. Children will be reluctant to share sensitive details if they think anyone else might hear, or admit to any minor offenses they may have committed. Additionally, if there is a lot of activity going on around them, as in a situation where the consultation takes place in an office shared with others, children may be easily distracted and not focus on the questions being asked. When choosing a location for the interview, privacy should be ensured. Children may be too embarrassed or scared to share sensitive details if they believe others might overhear what they are saying. For example, they may be wary of talking where there is an open door or close to each other.
Distractions should be minimized where possible, as interruptions will distract the child and divert the focus of the consultation. For example, it is best to choose a room without telephones. If the consultation is being held in a person's home, ensure that televisions and radios are turned off. Cell phones and pagers should be turned off for the entire consultation.
In practice, consultations often take place in a lawyer's office. The main reason is to ensure privacy. Consultations should be conducted in a room that provides privacy and where others cannot overhear what is being said. Even if parents are supportive, they may be reluctant to have their child interviewed or may interrupt the interview by constantly interrupting. The presence of a parent may make it difficult for a child to fully disclose information. Children may be afraid to reveal crimes or bad behavior in front of their parents. When allegations of sexual abuse are made, children do not like to discuss sexual matters in front of their parents. Older children may be embarrassed to admit that they have had sex and therefore lie about some details.
If there is no private office, the consultation can take place in any other available room. It is also important to have a place where the child can wait until the consultation begins.
I V. CONSULTATION IMPLEMENTATION
When conducting any form of consultation with children, it is best to use a staged approach, as this is developmentally appropriate and elicits a lot of information accurately. The staged approach views consultation as a process in which a number of interview techniques are used in stages, moving from general, open-ended questions to specific, closed-ended questions.

Phase One – Interaction
The aim of this stage is to build an interaction between the interviewer and the child so that the child can relax and feel comfortable. The child should feel warm, trusting and safe. In addition, this can help the interviewer understand more about the child's social, emotional and cognitive development as well as communication skills. It is important to make a good impression during the initial contact. For a successful interview, a good relationship needs to be built between the interviewer and the child. This is especially important when conducting consultations with children in conflict with the law, the aim is to build an interaction that helps the child to reveal their story honestly.
 

THINGS TO DO • INTRODUCE YOURSELF • EXPLAIN WHO YOU ARE • FIND OUT HOW THE CHILD WANTS TO BE ADDRESSED • UNDERSTAND THE CHILD'S EMOTIONAL STATE • REASSURE THE CHILD'S FEARS • USE DEVELOPMENTALLY APPROPRIATE LANGUAGE • REMAIN NEUTRAL • EXPLAIN THE PURPOSE OF THE INTERVIEW • TALK ABOUT THE STORY

DO NOT MENTION THE ALLEGED CRIME DO NOT EXERCISE EXCESSIVE AUTHORITY DO NOT STAY AT THE CHILD DO NOT TOUCH THE CHILD CONVERSATION ABOUT EVERYDAY THINGS TO BUILD INTERACTION

Typically, interviewers begin the interaction by asking questions about the child’s school or family, but be careful not to ask questions that can be answered with one or two words, otherwise the child will expect the interviewer to lead the conversation. So, a question like “Do you have any brothers or sisters?” will elicit a yes/no answer, compared to “Tell me about your family.” Questions might include:

• What do you like to do at school?
• Tell me about the games you like?
• Tell me about your favorite toy.

These are questions that are designed to get the child to talk. When a child is reluctant to talk, the interviewer should encourage the child with comments such as: “I want you to talk today. This is a special time for you to talk.” Body language is important when interviewing children, you need to show interest and sensitivity. Another technique used when a child is reluctant to talk is to treat the child as if he or she knows better than the interviewer, for example: “Your father told me you play soccer. I don’t know how to play soccer. Can you explain it to me?”
This stage is also used to establish ground rules with your child. Rules should be kept simple and include:

• No guesswork
• Speak up when you don't understand
• Please explain again if I misunderstood
• Tell the truth.

Stage Two – Narrating Naturally
The child should then be encouraged to give a narrative account of the alleged incident in their own words and time. The role of the lawyer here is simply that of a facilitator, someone who helps the child to tell what happened. Once sufficient interaction has been established and the time taken will vary from child to child. The interviewer should guide the conversation back to the alleged incident. Here are examples of transitional sentences that could be used:

• “Now that we've had a chance to get to know each other a little, we should talk about why you're here.”
• “Tell me why you are here today?”
• “Something happened to me. Can you talk about it now?”
• “Do you know why you came to talk to me today?”

If these neutral prompts are not effective, the interviewer can use more specific questions gathered during preparation to guide the interview, but must ensure that the questions are not leading. Here are some examples:

• “I understand something is making you unhappy.”
• “I heard that you went to the police because something happened to you.”
• “I understand you've had some problems playing soccer. Tell me about it.”
• “I heard you saw the doctor yesterday. Tell me about it.”
• “I was told something happened to you. Can you tell me about it?”

When children do not want to talk, the following techniques can be used: Ask your child who they like to be with and who they don't like to be with and explore these (especially helpful with young children) For older children, try an indirect approach: “Is there anything that you're worried about talking to me about today?” “What can I do to make it easier for you to talk to me?” Or it may be necessary to have the child write the answers on paper. With very young children, it is necessary to extend the interaction time until the child feels comfortable talking. It may be necessary to end the interview and continue it at another time.

 
The purpose of this stage is to gather information from the child that will be spontaneous and not influenced by the attorney. This is done by using general questions.
 

OPEN-ENDED QUESTIONS THESE ASK CHILDREN TO GIVE INFORMATION WITHOUT MENTIONING ANY SPECIFIC ISSUE “WHY DO YOU THINK YOU ARE HERE TODAY?” “CAN YOU TELL ME WHAT HAPPENED?”

Sometimes it may be necessary to give prompts, but these should be appropriate and open-ended. The focus here is on encouraging children to report in their own words.
Avoid interrupting your child as this can cause loss of information. Wait until your child has finished telling the story before asking any questions. It can be difficult not to interrupt when you have a question, but this has been shown to disrupt the flow of information, hinder a child's retention and affect accuracy.
It is important that these interviews are neutral. This applies not only to what is said, but also to facial expressions and tone. The interviewer must be very careful not to express, consciously or unconsciously, any form of approval or disapproval of what the child has said.
Stage Three - Asking Questions
Once the child has been given the opportunity to tell the story in their own words, the attorney can ask questions to clarify any issues that may arise. This stage consists of three stages of questioning and the attorney has the opportunity to move from open to closed questions.
 

ASKING QUESTIONS 1. OPEN-ENDED - NON-LEADING - OPEN-ENDED - “TELL ME WHAT HAPPENED” 2. SPECIFIC BUT NON-LEADING - CLARIFICATION - NO IMPLICATIONS ABOUT THE ANSWER - “WHAT WAS HE WEARING?” 3. CLOSED QUESTIONS - LIMIT THE POSSIBILITIES OF ANSWERS - “ARE THOSE PANTS BLUE OR BROWN?”

Be very careful when using closed questions as they are very similar to leading questions and must be worded carefully. It is also important to note that the child's response options are severely limited and this may not be a method of eliciting truly informative responses.
Stage Four - Ending the Interview
The consultation should always end on a positive note. The child should be thanked for their cooperation and input. The child should feel that they have made a positive contribution, regardless of whether the consultation was successful or not. It is important that the lawyer provides simple, straightforward information about what will happen after the consultation so that the child is clear about the next steps. The lawyer should then return to the engagement phase and discuss some of the neutral topics raised earlier.
Next steps
Children’s ability to act as witnesses or defendants in the legal process is closely related to their understanding of the processes involved and their role in them. It is therefore important that children are also given the opportunity to ask questions and that lawyers answer these questions appropriately, as this relates to the child’s right to information. Lawyers should provide information about the next steps after the consultation, what the process will be like and what the child can expect. This is discussed in the section on pre-trial preparation below.
 

GENERAL GUIDELINES FOR INTERVIEWING PRESCHOOL CHILDREN Simple language and short sentences Using open-ended questions is not helpful with this group of children. So, to the question of why they came, you will probably get the answer “I don’t know”. Ask specific questions about the circumstances, the alleged perpetrator, and what happened Yes/no questions are not very precise. So be very careful when using these questions Don’t ask how many times something has happened – they will only be able to tell you if it happened once or more Don’t ask time-related questions about days and hours Avoid multiple interviews GENERAL GUIDELINES FOR INTERVIEWING CHILDREN 7-12 YEARS OLD 1. Use general, open-ended questions and let the child speak 2. Don’t use legal or difficult terms GENERAL GUIDELINES FOR MINORS 13-18 YEARS OLD 1. Identify any emotional factors that may hinder the interaction between the child and the interviewer – embarrassment, shame, fear 2. Motivation to testify

 

COMMUNICATION SKILLS

There are various techniques that can be used to improve communication, especially when it involves children. Here are some techniques that can be used to improve communication:
Acknowledgment: Acknowledgment can be verbal or physical and often has little substance but serves a purpose. It shows the child that their efforts are being recognized. It also shows empathy by acknowledging how the child may feel about something and acknowledging that the interviewer is listening and understanding. Examples of acknowledgment would include:

• “mm-hmmmm”
• nod and smile
• Smile
• "Oh"
• “I understand”

Descriptive: A descriptive statement is a non-evaluative, descriptive comment about the situation or the child's behavior. This helps keep the interview relaxed, focused, and encourages further clarification. Examples include:

• “You look a little worried.”
• “I saw you smile when you talked about your brother.”
• “I see you are wearing a jacket today.”
• “It seems you're thinking a lot about that question.”

Mirroring: A mirroring statement is when someone repeats all or part of what a child has just said. This does not change the content of the statement. It shows acceptance of what the child has said, shows interest and understanding, and provides an opportunity to agree or disagree. Here are some examples:
Child:                     I'm very scared when it's dark.
Interviewer: The dark scares you.
Child:                     It's so nice when you let me go out.
Interviewer: I like it when my mom lets me go out.
Summary: Summary statements are used to assess whether content has been covered. In a summary statement, the interviewer briefly describes the information the child has provided. This helps to direct the interview in a specific direction and gives the child an opportunity to correct any misinformation. Examples include:

• “You told me about how scared you were by the doctors and nurses and how your mom was able to make you feel better. I want to know more about what your mom did to help you.”
• “We talked about your grades and teachers. What is one of your favorite things to do with your friends at school?”

Certain techniques should be avoided, such as the excessive use of praise. As a rule, the interviewer can praise the child’s behavior during the interview, but not the content of what the child is saying. So, statements such as “you are trying very hard” or “you are being very patient” are appropriate. Commands should be avoided, as these tend to have a negative effect on the relationship.