Successful Trauma Informed Victim Interviewing
When gathering evidence during the investigation of sexual assault crimes, it is necessary for law enforcement and others
in the criminal justice system, such as prosecutors, to ask the victim questions that they may find difficult to answer, in
order to establish the facts and circumstances of a reported crime.
To build rapport and trust with victims when starting the interview, it is effective for law enforcement to acknowledge that
some of the questions might seem unusual and to explain that all of the questions serve to help the interviewer
understand the victim’s experience of the event. Victims should also be encouraged to ask questions at the beginning and
throughout if they need clarification regarding the process or the purpose of interview questions..
The phrasing of questions during victim interviews is important. Depending on how a question is asked, it might be
perceived by a victim as blaming them for their actions, or for what they may be unable to recall. The following examples
demonstrate how trauma-informed interview techniques can be used to reframe these questions in a manner that helps
victims retrieve memories from a traumatic event and assists law enforcement in gathering more information while
making the victim feel more supported and increasing the likelihood that they stay involved in the criminal justice process.
Beginning with questions such as “Where would you like to start?” or “Would you tell me what you are able to about your
experience?” sets a supportive tone for the interview. Asking questions in this way also invites the victim to describe what
happened, their thoughts, and their feelings in their own words, which is valuable evidence to document in the case
report.
In general, law enforcement should consider reframing
• questions that start with “why”;
• directives such as “explain to me…”; and
• requests for a chronological account with prompts such as “and then what happened?”
Using open-ended questions and requests when possible gives the person being interviewed the opportunity to share
more information about what they are able to recall. For victims, this method helps their brain retrieve information from a
traumatic event and offers them more control as they recount a time when they were violated and had no control.
This document should be used in conjunction with IACP’s Sexual Assault Guidelines and
Investigative Strategies, Sexual Assault Supplemental Report Form, Sexual Assault Report
Review Checklist, Sexual Assault Policy and Training Content Guidelines, and Model Policy on
Investigating Sexual Assaults (Members Only).
Interview Questions to Avoid
Trauma-Informed Reframing
Rationale
“Why did you…?”
or
“Why didn’t you…?”
“When (specific event happened),
what were your feelings and
thoughts?”
or
“Are you able to tell more about
what happened when…?”
“Start at the beginning and tell me
what happened.”
or
“How long did the assault last?”
and
Other questions asking for a
chronological account.
“Where would you like to start?”
or
“Would you tell me what you are able
to remember about your experience?”
or
“What are you able to tell me about
what was happening
before/during/after the assault?”
or
“If anything, what do you remember
hearing during the event?”
Interview Questions to Avoid
Trauma-Informed Reframing
“What were you wearing?”
“Sometimes we can get valuable
evidence from the clothes you were
wearing, even if you’ve put them
through the laundry. We would like
to collect the clothes you were
wearing at the time of the assault as
evidence. Can we pick up those items
at a time and place that is convenient
for you?”
The original question could be perceived as blaming the victim
for the assault due to their attire, i.e., that the suspect chose
victim because of what they were wearing. Explaining that
gathering clothing, sheets, towels, etc., is part of the evidence
collection process removes the victim’s specific experience
from the equation and instead focuses on the process.
“Were you drinking or taking drugs?”
“Can you tell us if you had been
drinking or taking drugs at the time of
the assault? We are not investigating
your drinking/drug use. We are
concerned for your safety and about
what happened to you. This helps us
to establish an element of the crime
and get a better picture of what was
happening during the assault and
provide you with additional support.”
The original question could be perceived as implying that what
happened to the victim happened to them because they were
drinking alcohol or taking drugs. Additionally, victims may be
afraid that there will be ramifications, possibly criminal, for
their actions and so hesitate to admit it to law enforcement,
especially if they are underage and/or the drug use was illegal.
The use of drugs and/or alcohol can also greatly increase the
victim’s experiencing of self-blame, guilt, and shame. It is
recommended that law enforcement communicate to the
victim that any voluntary consumption of drugs or alcohol does
not justify a sexual assault.
“Why did you go with the suspect?”
or
“Do you think you led them on?”
or
“Do you think you contributed to this
happening?”
“Can you describe what you were
thinking and feeling when you went
with the suspect?”
and
“Did the suspect’s behavior change
after you went with them? How did
this make you feel?”
The original questions could be perceived as blaming the
victim for choosing to go with the suspect or implying that it
was a consensual encounter because the victim initially
engaged with the suspect. Reframing the question clarifies the
victim’s decision-making process without judgement or blame.
These questions also set the stage for asking about what the
suspect did, how the suspect’s actions and demeanor may
have changed, and how this may have made the victim feel
threatened, afraid, or helpless. Information from this question
can assist in identifying the suspect’s tactics, approaches, and
strategies as well.
Interview Questions to Avoid
Trauma-Informed Reframing
“Why were you out at this time and at
this location?”
“What are you able to tell me about
what brought you to the location at
this time/day?”
The original question could be perceived as blaming the victim
for being in a place where they could be assaulted. Reframing
the question can invite the victim to explain the circumstances
that brought them to a particular location, which helps fill in
details of the incident without laying blame on the victim for
the actions of the suspect.
“Why didn’t you leave?”
“Are you able to describe what was
happening while you were in… (the
room, the car, the house, etc.)?”
or
“What were your thoughts and/or
feelings while you were in…
(the room, the car, the house, etc.)?”
The original question could be perceived as blaming the victim
for not removing themselves from the situation and implying
that they had the opportunity and ability to do so but chose
not to. When experiencing a traumatic event, the brain goes
into survival mode and logical, rational, conscious thought is
inhibited. The survival mode directs the body to either flight,
fight, or freeze.
Reframing can allow the victim to describe the circumstances
of the assault, what they were thinking, if they felt they could
move, and if they felt attempting to leave would increase
danger. This provides context to their account. Reframing the
question may also uncover tactics and/or threats the suspect
used to restrict the victim’s movement.
“Did you say no?”
“What are you able to recall doing or
saying during the incident?”
and
“How did the suspect respond to your
words or actions? Do you remember
how that made you feel?”
or
“Do you remember
smelling/hearing/feeling/
tasting/seeing anything when…?
Tell me more about that.”
The original question could be perceived as blaming the victim
for what happened to them by not saying “no” or not saying it
clearly or loudly enough for the suspect to understand. It could
also be perceived as not believing the victim when they say
what happened was nonconsensual. The absence of a verbal
“no” does not mean “yes” or that consent was given.
Reframing the question to ask what they were able to do or
say also provides an opportunity for the victim to expand on
what happened beyond the original yes/no question.
Documenting what the victim did, said, felt, thought, smelled,
heard, tasted, and saw can lead to discovering important
evidence that can be corroborated by subsequent
investigation.
Interview Questions to Avoid
Trauma-Informed Reframing
Rationale
“Did you fight back?”
“What did you feel like you were
physically capable of doing during the
incident?”
or
“What was going on in your mind when
you realized you were in danger?”
or
“What can you tell me about what you
remember feeling during the incident?”
The original question could be perceived as implying that the
victim did not do enough to prevent the assault. Reframing
the question to ask what they were thinking, and feeling can
provide an opportunity for them to explain what they did or
did not do and why. This can also allow the victim to provide
more information than the original yes/no question.
Flight, fight, and freeze are involuntary survival reactions.
Victims sometimes experience tonic immobility (frozen
fright) and cannot move. However, there are times a victim
may choose not to fight back. For example, because they may
fear greater injury or death if they try or they believe the
suspect’s threats to themselves or others.
“Why didn’t you report right away?”
“Did anything in particular cause you to
come tell us about this incident
today?”
or
“Would you tell me about your
thoughts leading up to reporting this
incident?”
or
“Was there someone you trusted to
tell about the incident after it
occurred? When you told them, what
were you thinking and feeling?”
or
“What were you feeling—physically
and emotionally—immediately after
the assault?”
The original question could be perceived, to the victim, as
expressing a lack of belief because of the delay in reporting
or asking for justification for the delay. There are many
reasons a victim may not immediately report, and delayed
reporting is extremely common in sexual assault cases.
Victims often turn to a trusted family member or friend
initially, though they might not tell anyone. An initial
disclosure that did not go well can also discourage victims
from reporting immediately to law enforcement. They often
believe that they can ignore and move past the assault and
not experience painful consequences.
Reframing the question to ask about how they felt after the
assault may elicit more information about their decision to
not report immediately and why they are choosing to report
now. Reframing the question can also invite victims to
explain what they were thinking and feeling after the assault.
Interview Questions to Avoid
Trauma-Informed Reframing
Rationale
“Did anyone see this happen?”
“Can you tell me about any people or
witnesses who might have seen you
and the suspect together or who might
have seen the incident?”
and
“Can you tell me about any people or
witnesses who might have seen you
after the event?”
or
“Can you identify anyone who was at
the party/bar (any location)?”
and
“Can you share information with me on
any friends/
colleagues/classmates that might
have noticed a change in your
physical appearance or behavior
(withdrawn/sad/
angry) after the assault?”
The original question may be perceived as disbelief that the
incident occurred absent witnesses. Society sometimes has
the perception that the only evidence in sexual assault cases
is the victim’s statement that it occurred. The reality is that
while most of these crimes occur in isolation without
witnesses, there may have been witnesses to events leading
up to or after the incident that can corroborate details.
Additionally, acquaintances of the victim can provide
evidence of the impact of trauma from the assault on the
victim, such as changes in the victim’s physical appearance
or behavior.
To obtain evidence in addition to the victim’s statement,
suspect forensic exams and sexual assault kit exams can also
be conducted to gather physical evidence. As most sexual
assaults do not result in anogenital or other injuries, a lack
of these injuries does not mean an assault did not occur. It is
important however for investigators to ask about physical
effects that they cannot see, such as internal injury from
strangulation or suffocation. It is also necessary to document
evidence of non-consent to corroborate any DNA evidence.
“Have you had sex with this person
before?”
or
“Are you dating/in a relationship with
this person?”
or
“Why does this keep happening to you?”
“Has this person done anything like this
to you in the past?”
and
“Can you tell me how this instance was
different from previous consensual
sexual acts?”
There is no need to ask about prior
sexual assaults committed by other
suspects.
The common questions could be perceived as implying that
the incident could not be sexual assault if there were prior
consensual sexual acts. The new question gives the victim
the opportunity to disclose prior assaults by the same
individual, which can be used as evidence of course of
conduct, and/or explain how this instance was different
from previous consensual occasions. Investigations can be
opened regarding any prior assaults by the same individual
that the victim discloses.
Whether the victim has previously been assaulted by
another person does not impact the present investigation.
This project was supported by Grant No. 2017-TA-AX-K053 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations
expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Quick Reference Guide to Trauma Informed Interviewing
Instead of….
Try…
“Why did you…?”
or
“Why didn’t you…?”
“When (specific event happened), what were your feelings and thoughts?”
or
“Are you able to tell more about what happened when…?”
“Start at the beginning and tell me what happened.”
or
“How long did the assault last?”
and
Other questions asking for a chronological account.
“Where would you like to start?”
or
“Would you tell me what you are able to remember about your experience?”
or
“What are you able to tell me about what was happening before/during/after the assault?”
“What were you wearing?”
“Sometimes we can get valuable evidence from the clothes you were wearing, even if you’ve put them through
the laundry. We would like to collect the clothes you were wearing at the time of the assault as evidence. Can we
pick up those items at a time and place that is convenient for you?”
“Why did you go with the suspect?”
or
“Do you think you led them on?”
“Can you describe what you were thinking and feeling when you went with the suspect?”
and
“Did the suspect’s behavior change after you went with them? How did this make you feel?”
“Why were you out at this time and at this location?”
“What are you able to tell me about what brought you to the location at this time/day?”
“Why didn’t you leave?”
“Are you able to describe what was happening while you were in… (the room, the car, the house, etc.)?”
or
“What were your thoughts and/or feelings while you were in… (the room, the car, the house, etc.)?”
“Did you say no?”
“What are you able to recall doing or saying during the incident?”
and
“How did the suspect respond to your words or actions? Do you remember how that made you feel?”
“Did you fight back?”
“What did you feel like you were physically capable of doing during the incident?”
or
“What was going on in your mind when you realized you were in danger?”
“Why didn’t you report right away?”
“Did anything in particular cause you to come tell us about this incident today?”
or
“Was there someone you trusted to tell about the incident after it occurred? When you told them, what were you
thinking and feeling?”
or
“What were you feeling—physically and emotionally—immediately after the assault?”
“Did anyone see this happen?”
“Can you tell me about any people or witnesses who might have seen you and the suspect together or who might
have seen the incident?”
and
“Can you tell me about any people or witnesses who might have seen you after the event?”
and
“Can you share information with me on any friends/colleagues/ classmates that might have noticed a change in
your physical appearance or behavior (withdrawn/sad/angry) after the assault?”
“Have you had sex with this person before?”
or
“Are you dating/in a relationship with this person?”
“Has this person done anything like this to you in the past?”
and
“Can you tell me how this instance was different from previous consensual sexual acts?”