What is a Forensic Interview and Why is It Important in Sexual Abuse Cases in Minnesota?

In cases where a child alleges rape or sexual assault in Minnesota, the police should take the child for a what is called a “Forensic Interview.” While it sounds scientific, it may be anything but. The idea behind a forensic interview is that the child will be taken into a comfortable setting that is also equipped with video and audio equipment to document the interview.  This interview is then supposed to be conducted by somebody with specialized training. In St. Paul, Ramsey County, and some of the surrounding counties in Minnesota, this is typically the Midwest Children’s Resource Center or MCRC.

“While Forensic Interviews may be important and persuasive, there is an old adage that should always be considered at every stage: “Junk in, Junk Out.”

The stated goal of this interview is to obtain a truthful and accurate statement from the child. That videotaped statement is then turned over to the police and county attorney. As importantly, it frequently becomes the most critical piece of evidence that the county attorney’s office uses as part of a prosecution for rape and other sexual assault charges in Minnesota. It is then frequently presented to the Jury as an objective, above the fray, and indisputable piece of evidence. However, is it really?

Setting the Stage

Interview rooms used for forest ic interviews can vary widely depending upon where the interview is done. However, at MCRC in St. Paul, they are supposed to follow National Children’s Alliance requirements which they have been accredited by since 1994. As such, the room should be “comfortable, private, and both physically and psychologically safe.” This should include warm colors and soft comfortable furniture.  Of course, it will also likely have a two way mirror for police officers and others to observe the interview.  As mentioned earlier, it will also be videotaped. A failure to follow these requirements and it impacts the legitimacy of the Interview.

The Interviewer

The Interviewer needs to be a trained professional and with a strong educational back with ongoing education. They are frequently nurses and are employed to do exactly this. These people need to understand the proper protocols as well as the critical importance of using only non-leading or non-suggestive questions.  That being said, this has as much to do with demeanor, body language, tone, behavior and more, not just he words used. In the end, the questions must be objective and free of any bias. Any failure at this stage and it makes the entire Interview suspect.    

What Can Make a Forensic Interview Go Bad?

Forensic interviews can be unreliable for a whole lot of reasons.  However, the most common reasons forensic interview go bad are:

  • The forensic interview doesn’t follow protocols and leads the child interviewee toward the answer that they want, either knowingly or unknowingly.

  • The child was questioned was improperly interviewed long before the Forensic Interview. The untrained, through as single interview or multiple interviews, even dozens of times, could change, drive or even plant stories in the mind of a child who would then simply regurgitate those “facts” to the forensic interviewer.

  • The child is simply lying and has a motivation to tell a story that is simply untrue.

The Limitations of a Forensic Interview

While a prosecutor will argue to the jury that this was simply the opportunity for this child to tell the truth, there are a large number of limitations in the Forensic Interview including:

  • The Forensic Interview itself may negatively impact the ability of the child to tell what actually happened;

  • The Forensic Interviewer is not an investigator and does nothing to independently verify the allegations made my a child. They simply accept allegations as true and then present it as such;

  • The Forensic Interview ignores previous allegations, previous interrogations, previous undue influence that the child may bring into the room;

  • The Forensic Interviewer is not there to provide assessment or treatment. They claim they are but this is not their actual function. They are there to collect evidence and package it in a way so that it can be presented in a prosecution. That in itself highlights bias.

Hiring the Best

Foresnic interviews can be powerful and compelling for juries. They frequently watch it once near the beginning of a trial, will like watch it again during closings, and can even watch again during deliberations. It usually feels objective even when it may be nothing of the sort. As a result, it is critical to have an experienced Sex Crimes Lawyer by your side. They need to know how to address and counteract such evidence. Remember, “junk in, junk out.”

If you are facing serious criminal charges, especially, criminal sexual conduct charges, your case can be extraordinarily complex.  Part of the reason has to do limit many of the protections the court puts in place to “protect the victim.” Of course, this begs the question, what victim if there is such a thing as the presumption of innocence?  However, this highlights the need to have an experienced Minnesota Criminal Defense Attorney at your side.

Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor and former U.S. Federal Officer.  He is also the Founder of Jack Rice Defense, a boutique criminal defense firm located in St. Paul, Minnesota.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.

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