Friday, July 20, 2018

Sex Crime Investigation Series: Presumption of Innocence? (Part 4). Forensic Experiential Trauma Interview: Some friendly advice to the Waterloo Regional Police..."There was evidence, in some cases, of gender bias," Casselman told CBC News. Task Force: "There was evidence that officers had not been trained or weren't using trauma-informed investigations."...Publisher's Note: "So I am hoping that this post will somehow be drawn to the attention of the Waterloo Regional force and the Board that runs it - before they put in place an unproven, possibly dangerous technique for investigating alleged sex crimes."


PUBLISHER'S NOTE: As previously noted on this Blog, Cressida Dick, Scotland Yard's new Commissioner, (appointed about a year ago),  has changed her force's policy from always believing  the 'victims' from the outset because they are inherently being truthful,  to one of investigating sexual assault claims  thoroughly and impartially.  Commissioner Dick was careful to insist that officers keep an open mind, treat complainants with respect and dignity,  listen to them and  record what they say.  But she stressed that "From that moment on, we are investigators." There is of course the crucial question as to what constitutes an investigation. One of the suggestions made by the report of the committee which reviewed 78 old sexual assault cases that were recorded as unfounded by Waterloo regional police, is "training officers in trauma-informed investigation techniques." A word of caution to the Waterloo regional police: Read my previous post (July 7. 2018) on Forensic Experiential Trauma Interview (FETI), which appeared under the heading, "FETI: (Forensic Experiential Trauma interview) At last, an objective assessment of this still unproven technique for interviewing sex crime complainants. Bravo to author Wendy McElroy and The Independent Institute."...I opened up with the following Publisher's Note: "It is  so refreshing to see such an honest, evidence-based critique of FETI (Forensic Experiential Trauma interview) as this one  - as most stories on the latest policing flavor of the month  (FETI) fail to point out that there is not yet  a scientific consensus   that this method of interviewing sex crime complainants  (under 'FETI' they are called victims)  has a solid neurological basis. (Most stories also fail to point out the potential dangers of using the much touted FETI technique - such as the unintended planting of false facts in the mind of the person being interviewed.) Bravo to author Wendy McElroy." I then continued with the following Passage of the  day. "The manual offers advice on how to engage a traumatized person’s primitive brain. The interviewer assures the interviewee that she is believed, for example, and he does not “dive into crime details, unless victim wants to do so.” When she describes the crime, he is to realize that inconsistencies are normal, not a sign of lying. Moreover, when an account is disjointed, the interviewer translates “it into a report that makes sense.” Traditionally, an investigator’s job is to get a straight-forward narrative that determines whether criminal charges are appropriate. He does not fill in the blanks. FETI refers to an accuser as “the victim,” which damages a basic principle of justice known as the presumption of innocence for an accused. The presumption now shifts to the “victim,” who is automatically assumed to be telling the truth. The burden of proof shifts to the accused. Before radically changing police standards and basic principles of justice, a question must be asked. Does FETI even work? FETI advocates point to its widespread use in the military as proof of legitimacy. But the U.S. Air Force explicitly rejected FETI, stating, “Given the lack of empirical evidence on FETI’s effectiveness, and the large number of investigative, professional and scientific concerns regarding FETI and FETI training, the Air Force does not consider FETI as a viable option for investigative interviewing. We believe it would be inappropriate and irresponsible to discontinue the use of a robust, well-studied, effective, and empirically-validated interviewing method…in favor of an interviewing method that is loosely-constructed, is based on flawed science, makes unfounded claims about its effectiveness, and has never once been tested, studied, researched or validated.” So I  am hoping that this post  will somehow be drawn to the attention of the Waterloo Regional force and the Board that runs it - before they put in place an unproven, possibly dangerous technique for investigating alleged sex crimes.

The previous post can be found at the link below:
 http://smithforensic.blogspot.com/2018/07/feti-forensic-experiential-trauma.html

Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE OF THE DAY:  "The group looked at 78 unfounded cases from 2015 and 2016 that involved a victim over the age of 16 and a suspect over the age of 18.  Of those, the committee agreed with the final decision reached in 47 cases, but did not agree with the decision reached in 20 cases. Committee members also felt that in 11 cases the investigation was either incomplete or inadequate, not allowing them to reach a conclusion.  "There was evidence, in some cases, of gender bias," Casselman told CBC News. "There was evidence that officers had not been trained or weren't using trauma-informed investigations."

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STORY: "Task force releases final report on 'unfounded' sexual assault cases," published by CBC News on July 11, 2018.

SUB-HEADING:  "Review committee disagrees with 'inappropriate techniques' used in at least 26 per cent of cases."

PHOTO CAPTION: "The task force has been reviewing 78 old sexual assault cases that were recorded as unfounded by Waterloo regional police."


GIST: "A committee that has been combing through old sexual assault cases recorded as unfounded by Waterloo Regional Police says it disagrees with the final decision made in at least 26 per cent of the cases that were reviewed.  The Sexual Assault Task Force began its work in 2017, after a Globe and Mail report revealed that the number of sexual assault cases recorded as unfounded in Waterloo region was 27 percent, higher than the national average of 19 per cent. "That statistic was staggering," said Sara Casselman, executive director of the Sexual Assault Centre of Waterloo Region and co-chair of the review committee, "and created a lot of media attention and public attention to that issue." 78 cases reviewed: The group looked at 78 unfounded cases from 2015 and 2016 that involved a victim over the age of 16 and a suspect over the age of 18.  Of those, the committee agreed with the final decision reached in 47 cases, but did not agree with the decision reached in 20 cases. Committee members also felt that in 11 cases the investigation was either incomplete or inadequate, not allowing them to reach a conclusion.  "There was evidence, in some cases, of gender bias," Casselman told CBC News. "There was evidence that officers had not been trained or weren't using trauma-informed investigations."  And although it wasn't in the group's mandate to re-open old files, she said the group had serious concerns about two cases and did send them back to police. 11 recommendations: In their report, the review committee made 11 recommendations to improve future sexual assault investigations.

Suggestions included:
  • Training on how to ensure rape myths and gender bias are not part of sexual assault investigations.
  • Procedures that ensure victims are able to speak with an officer of the gender of their choosing.
  • Training officers in trauma-informed investigation techniques.
The group also wants to see ongoing reviews of sexual assault cases, starting in 2019 — something that has "significantly reduced unfounded rates" in the United States, and Casselman hopes will also improve the rate of offenders who are charged.  She said police have already accepted all of the recommendations, and have been incredibly supportive throughout the process. "I can't imagine, as an advocate, 10 years ago, ever having full access to police files and being able to critique them," she said. "It is a different world out there, that we have that kind of access.""

The entire story can be read  at:
https://www.cbc.ca/news/canada/kitchener-waterloo/task-force-releases-final-report-on-unfounded-sexual-assault-cases-1.4741066

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;