Transcript Slide 1

The Presumption of Guilt:
How the Criminal Justice System
Inadvertently Re-Traumatizes
Victims of Domestic Violence and
Sexual Assault
David Thomas, MS
Lisa Ferentz, LCSW-C, DAPA
Thomas & Ferentz, 1
When we experience anything that is a
fundamental threat to our well-being, and
there are no available resources for safety,
we are biologically hard-wired to go into a
fight, flight or freeze response.
Victims of domestic violence or sexual assault are
typically unable to do fight or flight- as these responses
will exacerbate perpetrator aggression. The last survival
option is to freeze.
Freeze/numbing responses may decrease additional
harm, and allow the victim to not “consciously
experience” or subsequently not remember situations
of overwhelming stress or terror…
Thomas & Ferentz, 2
Understanding the “Freeze” or
Dissociative Response
• Triggered by onset of profound trauma
• Needing to mentally escape what cannot be
literally, physically escaped
• The “last resort” for coping and survival
• Creating a psychological state that alters
consciousness, memory, identity or perception
• Allowing you to “zone out”, feel safer
• No longer in the present, untenable experience
Thomas & Ferentz, 3
When someone has a history of repeated
trauma- either through the course of a
long-term relationship that has domestic
violence or sexual assault, or the result of
a chronic childhood history of abuse, their
repeated reliance on immobilization as a
coping strategy creates a conditioned
hormonal response that does not allow for
physical movement and renders the body
ineffective in future threatening scenarios.
Thomas & Ferentz, 4
Understanding Memory
• Declarative Memory: also known as
“explicit” memory: conscious awareness
and recall of facts and events
• Non-Declarative Memory: also known
as implicit/procedural memory: refers to
memories of skills, habits, emotional
responses, reflexes and conditioned
responses
Thomas & Ferentz, 5
“Research into the nature of traumatic
memories indicates that trauma
interferes with declarative memory
(conscious recall of an experience) but
does not inhibit non-declarative
memory.. conditioned emotional
responses.. and the sensorimotor
sensations related to experience”
(Van der Kolk and Fisler, 1999)
Thomas & Ferentz, 6
All of the activity related to trauma is in the
right brain (contextual, somatic). You lose left
brain activity (memory in context of time,
problem-solving, telling others what
happened)
When first responders and subsequent
investigators interview victims, they only focus
on getting a verbal narrative of the
experience- which is asking for information
from the left brain.
Thomas & Ferentz, 7
It’s important to keep in mind that
trauma is not stored in the
languaging part of the brain. The
memories get stored visually and
viscerally. This explains why clients
experience flashbacks and somatic
sensations.
Thomas & Ferentz, 8
Therefore, when trying to gather
facts from a traumatized victim,
you will get more information if
you ask about smells, colors,
sounds, sensations, than you will
asking for a linear verbal
narrative!
Thomas & Ferentz, 9
Many victims of crime and trauma
have histories of PRIOR abuse,
trauma, or neglect. The reactions
they manifest will be intensified by
their prior experiences.
Oftentimes, the most recent trauma
“rekindles” thoughts, feelings, and
memories from unresolved past
trauma, effecting their current
reactions.
Thomas & Ferentz, 10
This history also makes them
vulnerable in their interactions with
others, and leads to a wide range
of issues and behavioral choices
that can inadvertently undermine
their “credibility” with first
responders, police officers,
attorneys, etc.
Thomas & Ferentz, 11
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Difficulty expressing emotions: either “shut
down” or present as emotionally “unstable”prone to mood swings, irritability,
uncontrolled anger or rage, depression
• Chronic anxiety/fear/ apprehension/panic
• Inability to feel emotionally or physically safe
• Distrustful, suspicious, questions the
“motives” of others- or too trusting, not
willing to believe someone would hurt them
without provocation
Thomas & Ferentz, 12
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Inability to be assertive or self-protective
• Self-medicates and self-soothes with drugs or
alcohol
• Prone to other addictive behaviors: food, sex,
gambling, shopping
• Find themselves in abusive relationships that they
cannot leave
• Gives people countless “chances” ( then gets hurt
more)
• Lead “crisis driven” lives/addicted to drama
Thomas & Ferentz, 13
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Struggle with intimacy
• Inability to engage in self-care
• No longer trust their own “radar”; and ignore,
rationalize or minimize “red flags” that indicate
danger
• Exhibit poor judgment and a lack of insight
• Engage in self-sabotaging and self-destructive
behaviors
• Struggle with low self-esteem, feelings of
worthlessness
Thomas & Ferentz, 14
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Inappropriately aggressive or passive
• “Read” the body language of others in an effort
to be accommodating
• Allow another person’s agenda to trump their
own needs
• Say “yes” to people please, find it impossible to
say “no”
• Wait for the “other shoe to drop”
• More concerned about the comfort and happiness
of others than self
Thomas & Ferentz, 15
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Engage in self-blame and self deprecating
thoughts- take full ownership when others hurt
them
• Try to “fix” or “change” dysfunctional people
• Make bad decisions based on distorted
thoughts/beliefs
• Remain loyal towards others- even when they
are betrayed by them
• Sexual issues: frigidity, promiscuity,
prostitution, sexual dysfunction, dissociate,
replicate abuse scenarios
Thomas & Ferentz, 16
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Sabotage success: feel unworthy, afraid of being
happy, afraid of being “found out” as
incompetent
• Resistant to change: equated with something bad
• Feel helpless and disempowered: “frozen in time”
victim role, far less likely to “fight back”
• Hyper-vigilant: learned response to stay safe
• Startle response: easily aroused by benign
stimuli
• Easily triggered by stimuli reminiscent of trauma
• Highly dissociative: knee-jerk response to threat
Thomas & Ferentz, 17
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Have trouble with memory, often leave out
important details or get the chronology wrong
• Minimize or downplay abusive/unsafe experiencesleads to recanting
• Make excuses for abusive people in their livesoften because it’s been normalized or excused in
the past
• Align themselves with abusers out of “loyalty,”
fear, or a way to not rock the boat and stay safe
Thomas & Ferentz, 18
Behaviors, Thoughts, and Feelings
Associated with a History of Trauma
• Show more concern about consequences
for the assailant
• Rationalize acts done by someone who is
drunk- learned in childhood
• Believe “they deserve” to be hurt and hold
themselves responsible when they are
• Assume that they won’t be believed by
others- learned in childhood
• Usually don’t see themselves as powerful
adults
Thomas & Ferentz, 19
Separating Fact From Fiction:
Common Misconceptions
Related to
Sexual Assault Victims
Thomas & Ferentz, 20
Sexual assault victims are always able
to at least try to fight back or escape.
Most sexual assault victims do not physically
resist.
Many victims, with prior histories of trauma,
will automatically go into a “freeze” response
when confronted with anything threatening.
Many victims feel inherently disempowered
in the world, and don’t even consider escaping
or fighting back as viable options.
Thomas & Ferentz, 21
When a trauma/sexual assault victim
recants or changes a part of their
story, it often means they are
fabricating details.
Victims recant out of fear- not because
they are lying.
Trauma profoundly impacts memory and
memory retrieval.
The more dissociative a victim is during
the event, the less information they will
recall.
Thomas & Ferentz, 22
If a survivor can’t remember what
happened and can’t give a
description of the perpetrator- the
trauma didn’t occur.
The lack of memory is related to dissociation.
Although victims often lack declarative memory
(a narrative of facts and details), their implicit
memory is intact and very accurate
(sensory experiences connected to the
trauma)
Thomas & Ferentz, 23
When we are traumatized the
experience is stored in the
languaging part of our brains.
Traumatic events don’t go into the pre-frontal
cortex. They stay in the limbic system and brain
stem.
Trauma is stored visually and viscerally.
Therefore, the re-telling of an assault is accessed
through flashbacks and somatic/body memory.
Thomas & Ferentz, 24
A belligerent, uncooperative witness
is usually lying.
What gets interpreted as belligerence or a
lack of cooperation may be an attempt to
retain a modicum of power and control, or
the bravado that survivors try to exhibit.
Much of what happens during an
interrogation is perceived as threatening and
re-traumatizing, which will evoke a
fight/flight/freeze response in the victim.
Thomas & Ferentz, 25
Some victims “look for trouble” and put
themselves into compromising positions.
Victims are not masochistic, but they lack the ability
to advocate for their own safety, and gravitate
towards what is familiar ( i.e. being unsafe.)
Trauma survivors ignore their own radar and miss
cues that warn of unsafe scenarios and relationships.
Perpetrators have radar about trauma survivors,
recognizing and exploiting their vulnerabilities.
Survivors learn that it is futile to use their voices,
and the other shoe will always drop.
Thomas & Ferentz, 26
When a victim of DV or SA
attempts to tell their story to
the police, they are often
“interviewed” with the Reid
Technique.
Thomas & Ferentz, 27
John E. & Associates. INC.
• Founder John E. Reid Associates. INC.
• Polygraph Examiner – taught by Fred
Inbau, former Director of the Chicago
Police Scientific Crime Detection
Laboratory
• Reid established a private polygraph
practice in 1947
Thomas & Ferentz, 28
Advancing Interrogations
• In the 1930’s, the “third degree” was
commonly used to obtain confessions. An
interrogator’s use of intimidation and
coercion could cause an innocent person to
confess
• Knowing the “third degree” could cause
false confessions, Inabu and Reid, applying
psychological principles, developed a
structured approach to the interrogation
process that in no way relied on coercion or
intimidation to elicit the truth
Thomas & Ferentz, 29
The
Reid Technique
Interview
Characteristics
and Purpose
 To develop information to make decisions
1.Develop the subjects explanation(s) of the
events in question
 To determine the truthfulness of the subject
1.Evaluate the verbal and non-verbal behavior
2.Identify inconsistencies and discrepancies
 To create an environment that will encourage
communication
1.Approach in a non-accusatory fashion
Thomas & Ferentz, 30
The Physical Lay-Out of an
Interrogation/Interview Room
Julia Layton
• Maximize discomfort and
powerlessness
• Sterile environment to create
isolation, exposure, and unfamiliarity
• Heighten the “get me out of here”
sensation
• Increase a sense of vulnerability
Thomas & Ferentz, 31
The Physical Lay-Out of an
Interrogation/Interview Room
Julia Layton
• Seated in an uncomfortable chair
• Out of reach of light
switch/thermostat to increase sense
of dependence
• One-way mirror increases anxiety and
sense of being “watched”
• Increase a sense of being “at the
mercy of” the interviewer
Thomas & Ferentz, 32
The Attitude of the Interviewer
Julia Layton
• Close physical proximity to establish control
• Good cop/bad cop to create false ally
• Use of leading or inaccurate information to
promote confusion or encourage recanting
• Sustained eye contact to command
attention
• Physical gestures and words of sincerity to
build rapport and get person’s guard down
Thomas & Ferentz, 33
Goals of the Reid Technique
Munch, Margolis and Thomas, 2009
• Determine the truthfulness of the subject
• Identify inconsistencies and discrepancies
• Observe and evaluate verbal and nonverbal behavior
• Create an environment that encourages
communication
• Get confession of guilt or complicity,
recanting of “false” reporting
Thomas & Ferentz, 34
The Reid Technique
1.
2.
3.
4.
5.
Principles of Behavior Symptom Analysis
Non-verbal behavior is responsible for more
than half of total communication
Non-verbal behavior is more reliable than
verbal behavior
The meaning of a verbal response is either
supported or contradicted by non-verbal
behavior
The behavior of the interviewer has an
influence on the behavior of the subject
The behavior symptoms of the subject become
clear as the anxiety of the subject increases
Thomas & Ferentz, 35
The Reid Technique
Behavioral Attitudes Common to Both Truthful and
Deceptive Subjects
A. Nervous
- determine whether nervousness is
increasing or decreasing
B. Angry
- determine reason for the anger
- evaluate whether anger is justifiable
- attempt to diffuse the anger
C. Fearful
- may be withholding knowledge others involvement
- may be involved in other misconduct
Thomas & Ferentz, 36
The Reid Technique:
Typical Truthful Behavioral Attitudes
Munch, Margolis and Thomas, 2009
•
•
•
•
•
•
•
Composed
Concerned
Cooperative
Direct and spontaneous
Open
Sincere
Unyielding
Thomas & Ferentz, 37
The Reid Technique:
Typical Deceptive Behavioral Attitudes
Munch, Margolis and Thomas, 2009
•
•
•
•
•
•
Overly anxious
Overly polite
Defensive
Evasive
Complaining
Defeated
Thomas & Ferentz, 38
•
•
•
•
•
•
•
Rationalizing
Unconcerned
Accepting
Apologetic
Quiet
Guarded
Crying
The Reid Technique:
Non-Verbal Behavioral Symptoms
Indicative of Truth
Munch, Margolis and Thomas, 2009
•
•
•
•
•
•
Upright posture
Open and relaxed
Lean forward on occasion
Frontally aligned with interviewer
Casual posture changes
Look up with eyes to right when
remembering
• Look up to left when thinking
Thomas & Ferentz, 39
The Reid Technique:
Non-Verbal Behavioral Symptoms
Indicative of Deception
Munch, Margolis and Thomas, 2009
•
•
•
•
•
•
•
•
Slouching
Very rigid
Runner’s position
No frontal alignment
closed/barrier posture
Lack of interest
Erratic and rapid posture changes
Head and body slump
Thomas & Ferentz, 40
In addition, certain body language is
indicative of “surrender” including head
in hands, elbows on knees, shoulders
hunched. Once this has been
determined by the interviewer, the goal
is to lead the subject into confession or
recanting.
Thomas & Ferentz, 41
When dealing with subjects who have a
prior history of abuse and trauma, ALL of
the “deceptive” behavioral attitudes
resonate with their victim mentality and
are the learned coping responses of
disempowered people who are
triggered, threatened and being retraumatized by authority figures.
Thomas & Ferentz, 42
A victim-centered approach
to the work…
Thomas & Ferentz, 43
1. Recognize the impact of trauma on
sexual assault investigation
• Most victims who report do so after some
delay
• Most victims have difficulty remembering
all the details of the sexual assault
• Most victims experience trauma reactions
on an ongoing basis after the sexual
assault
• Most victims do not physically resist
• Prosecutors can use expert witnesses to
explain the impact of trauma
Thomas & Ferentz, 44
II. Understand officers make or break
cases based on their approach to
the victim
• Victim’s first impression matters
• Build rapport with the victim, use advocates
• The recipe for a bad investigation is to form a
hypothesis and try to prove it
• The strategy for a good investigation is to
examine all the evidence and let it take you to
the truth
• Always approach a case believing that a crime
occurred
Thomas & Ferentz, 45
III. Corroboration of details is essential
•
•
•
•
•
Physical evidence, as possible
Sexual assault exam, pictures, crime scene
Witness accounts from before and after
Outcry witnesses
Documentation of sensory and peripheral
details from the victim’s perspectives
• What did “no” look like?
• Follow up to see the effects of ongoing
trauma in the victim’s life
Thomas & Ferentz, 46
IV. Focus on offender behavior not
victim behavior
• Why did he choose victim?
• Are there other victims in his past?
– Investigate his social circles for “similars”
• How did he manipulate the environment and
circumstances to get the victim into a position of
vulnerability?
– Role of alcohol or drugs
– Chosen location for the assault
– Grooming behavior
– Contrived circumstances
– Stalking
Thomas & Ferentz, 47
V. Investigate the offender!
• Investigate the offender’s history
• Look for other victims; the majority of sexual
assaults are by serial offenders
• Investigate pre and post assault behavior
• Use of “pre-text” calls
• Conduct suspect forensic exam
• Conduct effective interviews/interrogations
• Look for all violations of the law
• Require the offender to answer to the crime
Thomas & Ferentz, 48
VI. Thorough documentation
• Goal of investigation is to be fair, balanced,
and thorough
• While every case is different, investigations
must be consistent and thorough
• Detailed case documentation is critical
• Effective supervisory review of case is
essential
• Proper case clearance and coding is a must
Thomas & Ferentz, 49
Sexual Assault Survivor Rights
– To choose whether or not to report to police
– To be treated with dignity and respect by
institutional and legal personnel
– To be given as much credibility as a victim on
any other crime
– To be considered a victim of sexual assault
when any unwanted act of sex is forced on
her/him through any type of coercion, violent
or otherwise
– To make her own decision and change her
mind
– To be asked only those questions that are
relevant
– To give informed consent for any treatment or
procedures medical or legal
Thomas & Ferentz, 50
Sexual Assault Survivor Rights
• Not to be asked question about prior sexual
experience
• To be treated in a manner that does not usurp
her control, but enables her to determine her
own needs and how to meet them
• To have access to support people
• To be protected from future assault
• To be provided with all possible options
• To have her/his name kept confidential
• To receive medical treatment without parental
consent, if a minor
• To be afforded all these rights regardless of the
assailant’s relationship to the victim
Thomas & Ferentz, 51
David R. Thomas M.S.
Johns Hopkins University
Division of Public Safety Leadership
410-516-9872
[email protected]
Thomas & Ferentz, 52
Lisa Ferentz, LCSW-C, DAPA
The Institute for Advanced Psychotherapy
Training and Education, Inc.
[email protected]
www.lisaferentz.com
410-486-0351
Thomas & Ferentz, 53