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CENTER PIECE
The Official Newsletter of the National Child Protection Training Center
Picture This: Photographing a Child
Sexual Abuse Crime Scene
By Victor Vieth1
UP
COMING
conferences
When Words Matter:
Emerging Issues in
Forensic Interviewing
dad placed the book on her nightstand,
May 4-7, 2009 • St. Louis, MO
pulled Molly onto the floor, and “next to
When Words Matter is ideal
the bed” licked her “koochie.”When asked for child protection
to label her “koochie” on an anatomical professionals who conduct
diagram, Molly pointed to the vagina. forensic interviews or who
defend them in court. When
In the event this case comes to trial, Words Matter will feature
nationally recognized
photographs of the crime scene may assist experts on forensic
Molly in testifying.As one example, a interviewing including Mark
prosecutor could show Molly pictures of Everson, Tom Lyon, Allison
DeFelice, Chris Newlin, Mike
her room and ask her to point to where Johnson, Mindy Mitnick and
“next to the bed” is. Victor Vieth. In addition to a
review of the latest research
Introduction 2. Crime scene photographs
impacting the forensic
interview, there will be
In every case of child sexual abuse, there may corroborate key aspects presentations on interviewing
is a crime scene that needs to be children who make “fantastic
of a child’s statement statements”, on cross
inspected and photographed. Even in the examining defense
absence of blood, semen, or other clear In the example just given, crime scene “experts”, conducting
evidence of abuse, the mere photos not only help Molly explain what interviews in cases with
happened to her, these photographs also repeated allegations, and
photographing of the scene in which a on the potential impact on
child was sexually violated can produce corroborate peripheral details of her the forensic interview of a
evidence of critical importance to the statement. If there is, indeed, a closet, a child’s immigration status. For
story book, a nightstand and enough space a full agenda, or to register
prosecutor. Indeed, there are at least ten for the course, call the
possible benefits to photographing the on the floor in which to sexually abuse National Child Protection
crime scene. the child, these peripheral details increase Training Center at 507-457-
the chance her allegation of abuse is valid. 2890 or visit our website at
www.ncptc.org Register soon
1. Crime scene photographs – this course fills up early and
our space is limited.
may help a child testify
Assume that six year old Molly states
during a forensic interview that her father
came into her room shortly before
bedtime ostensibly to read a book. Molly
tells the forensic interviewer that her
father removed a Winnie the Pooh book
from the bookcase in her closet and then This project was supported by Grant
sat on her bed. As he read the book, No. 2008-DD-BX-K077awarded by
Molly’s father placed his hands between the Office of Juvenile Justice and
her legs and began to “move his hand Delinquency Prevention, Office of
Justice Programs, U.S. Department of
around.”After the story, Molly reports her Justice. Points of view or opinions in
this document are those of the author
and do not necessarily represent the
official position or policies of the U.S.
1 CENTER PIECE • Volume 1, Issue 5: 2009 • NCPTC Department of Justice.
3. Crime scene photographs artifacts rescued from the ship. cross examine any of the state’s
may be relevant to prove one Although the site of a wooden chair witnesses.As soon as the government
or broken dish would not normally rested, the defense attorney called his
or more elements of a crime produce any interest, the fact that client to the witness stand.
In cases of statutory rape, a they came from the Titanic The defendant told the jurors it was
prosecutor does not have to prove connected these visitors to that true that he had sexual intercourse
consent but he does have to prove historic moment.As a baseball fan, I with his daughter and that he was
the child is below a certain age.The felt a similar thrill when visiting a not disputing any of the state’s
child, of course, can testify as to her roving exhibit of the National evidence.The sexual act, though, was
age as can parents or others with Baseball Hall of Fame.Although a an “accident.”The defendant told the
knowledge of this fact. If there is a piece of cloth is not particularly jurors that he was, indeed,
significant issue as to age, birth interesting, the fact that the cloth was intoxicated and when he is drunk he
records and other documents may be part of a baseball cap worn by gets sexually aroused.Accordingly, the
admissible. Crime scene photographs Satchel Paige was very exciting. It is defendant claimed he went up the
can also be admitted as evidence of this excitement that leads collectors stairs that night intending to have sex
the child’s age and are often more to purchase or grab bases, or even with his wife but he was so drunk he
powerful. Such photographs allow dirt or grass from hailed stadiums or could barely see or hear and
the prosecutor to highlight how from important games. mistakenly walked into the wrong
young, and how vulnerable the child
Although photographs of a child bedroom. In the dark, he said his
was.With the aid of crime scene
sexual abuse crime scene will not daughter looked just like his wife. He
photographs, a prosecutor could
interest jurors in the same way, these said that as soon as he realized his
make the following argument:
photographs will, nonetheless, make error he stopped but that it was too
“Members of the jury, one of the the abuse more real.The photographs late--he had already ejaculated.The
elements I have to prove is that remind the jurors the case involves a defendant said he had checked into a
Molly is below the age of 13. Molly real child, who lives in real world, chemical dependency treatment
told you she was only six; but even and who has real experiences. In a program and asked the jurors not to
if she hadn’t testified, you can tell powerful, personal way we can’t fully punish his daughter because of his
from the photos of the crime scene explain but can nonetheless alcoholism. He begged the jurors to
how young she is. Officer Smith took appreciate, the photographs connect let him go home and that he would
these pictures and Molly told you the jurors to the child. “make things right.”
this is how her bedroom looked the
night dad ‘licked her koochie.’ Let’s 5. Crime scene photographs
take a close look at the photos. Over
on the nightstand we have a Mickey may assist the prosecutor
Mouse Clock. On the wall, there is a in cross-examination
Precious Moments Calendar. On the Crime scene photographs can be
dresser, there is an Esmeralda hair invaluable to a prosecutor cross-
brush. The bedspread has a multi- examining a defendant or other
colored balloon pattern. Clearly, a defense witnesses. In one case, for
little girl used to live here—and example, a father was intoxicated as
anyone who entered this room he entered his teenage daughter’s
would know how young, how bedroom and raped her.After the
vulnerable the child was.” sexual assault was complete, the
teenage victim went to the local
4. Crime scene photographs emergency room and reported the
may introduce the jurors to crime. Because of the prompt outcry
the child’s world there was significant medical and
other evidence.Although the
Some years ago, a roving exhibit of defendant declined to speak with the
artifacts from the Titanic came to a police, the evidence was
museum in my home town. Friends overwhelming. Nonetheless, the
who paid money to view the exhibit defendant pled not guilty.At trial, the
expressed their thrill in seeing a defense counsel waived his right to
broken dish, a deck chair or other an opening statement and declined to
2 CENTER PIECE • Volume 1, Issue 5: 2009 • NCPTC
Armed with pictures of the crime In another case, a 17 year old victim for family photographs of the event.
scene, the prosecutor in this case told the police that a man had sexually These pictures not only document the
might have a relatively easy cross abused her five years before.The girl event – thus proving the child’s
examination. Starting with the picture reported that at the time of the assault, veracity as to this detail and
of the victim’s bedroom, the she was obese with acne and was documenting the defendant’s
prosecutor could ask the defendant to made fun of in the neighborhood.The opportunity to commit the crime--they
point out all the things you would girl said the defendant, an attractive also document the child’s small
expect in a teenager’s room—such as young man, observed this and told her stature. If there is a growth chart in the
posters, CDs, unique bedding or chairs. she was cute and he wanted to take child’s bedroom in which the boy or
The prosecutor can then show the her on a date. Instead, he took her to a girl has marked their size at one or
defendant the photograph of the junkyard and sexually assaulted her more years, photograph and seize the
bedroom he shares with his wife and inside a rusted old pick-up truck.When growth chart.
highlight the unique features of that the child reported the pick-up was still
room—such as the king size bed, the there, the officer took her to the
antique dresser, the walk in closet, etc.
8. Video cameras can be
junkyard to identify the vehicle.The used to document the crime
Highlighting the many differences pick-up was photographed and, in his
between the two rooms will also closing argument, the prosecutor was
scene from the perspective
highlight the absurdity the defendant of the victim
able to make the following argument:
could have gotten it wrong which
room he was in. “Defense counsel argues it is When listening closely to a child’s
significant this child delayed her disclosure, the investigator can often
As another example, consider sexual disclosure for five years.The delay, find a way to photograph the crime
assault or neglect cases in which a however, is easy to understand. In scene that helps jurors understand the
child is confined in a closet, basement, pained expressions, this child told you assault from the perspective of the
or other unseemly setting. Using jurors what her life was like five victim.A video recording can often
pictures of the crime scene, the years ago—what she looked like and assist in this process.Assume, for
prosecutor can highlight on cross how people treated her. She told you example, the child describes being
examination the cruel nature of the how the defendant prayed on her awake in her upstairs bedroom, with
location for the sexual assault or the the door closed, watching a Scooby
feelings of inadequacy by telling her
confinement.A prosecutor could ask: Is Doo video when she hears the sound
she was pretty and special. More than
there a bathroom in the basement? A of her father walking up the stairs.
the abuse itself, how it must have
television? A computer? Books? From the creak on the stairs, she
hurt her when he took her here
Games? Carpeting? A bed? A chair? knows from past experience he is
(displaying a picture of the crime
Food? Water? about to violate her. In such a scenario,
scene). Because then she knew that,
to the defendant, she was just an officer may want to photograph,
6. Crime scene photographs another piece of junk.That’s why it from the angle of the child’s bed, the
can bring to life events that took her five years to talk about it.” closed door and the television/DVD
happened long ago player where the video was playing.An
7. Photographs may investigator might also want to close
In one case, a teenager told the police the door and have a colleague, ideally
that her father had sexually abused her highlight the child’s inability of similar weight to the defendant,
for years.The victim explained she was to protect him or herself walk up the stairs. Use a video camera
a little girl when the abuse began and to document the creak on the stairs
A picture of a child at or during the
that, prior to each sexual assault, her and the fact the creak is loud enough
time of abuse may highlight the child’s
father would go into the garage to do to be heard even when the door is
small stature. If the investigator can
woodworking.The child knew that, for closed and even when a video is
locate an old family photo album
her father, this was “foreplay.”As a playing. If the suspect is not yet in
result, the girl would barricade herself showing the child next to the
defendant, the contrast in size will custody and is cooperative, have the
into the walk-in closet in her bedroom
likely be great. Photographs like this alleged perpetrator walk up the stairs
and paint sailboats on the wall
will highlight the child’s physical and and video record the creak he causes
pretending she was sailing away to
emotional inability to protect him- or in doing so.
another land.Although years had
passed, the police visited the crime herself during the time the abuse was
scene, carefully scraped off the paint in taking place. If the child disclosed
the walk in closet—and found dozens abuse during a particular family event
of sailboats painted on the wall. or outing, such as a camping trip, look
3 CENTER PIECE • Volume 1, Issue 5: 2009 • NCPTC
he did not sexually abuse his sensitivity and thoroughness of those
daughter but was instead checking to who hold the title of “child
see if she was still a virgin, consider protection professional.” In the grand
asking him to demonstrate his scheme of things, hard work that
“examination” with two anatomical does not bring a successful outcome
dolls. If the defendant denies sexual may mean very little.To a maltreated
abuse but acknowledges doing child, however, our success may not
something with the child’s body such be as important as our effort. Because
as giving a bath, or the defendant we can control our effort, not the
acknowledges some form of sexual outcome, it is the former that tells
touching, such as fondling the child, the child how much we care.
consider having the suspect
1
demonstrate the touching with Victor Vieth is director of NAPSAC’s National
anatomical dolls. Child Protection Training Center at Winona State
University
2
In the case discussed earlier in which See Kathleen Coulborn Faller, Anatomical Dolls:
the defendant claims he walked up Their Use in Assessment of Children Who May
Have Been Sexually Abused, 14 JOURNAL OF
the stairs intending to have sex with CHILD SEXUAL ABUSE, 1, 13 (2005); Everson &
his wife but instead walked into his Boat, Putting the Anatomical Doll Controversy
daughter’s bedroom and “accidentally” in Perspective:An examination of the Major
had sex with her, ask him to walk up uses and Criticisms of the Dolls in Child
9. Video cameras can be Sexual Abuse Evluations, 18 CHILD ABUSE &
the stairs as you video record his NEGLECT113 (1994)
used to re-create the crime movements all the way into his
or highlight the absurdity daughter’s room.Ask him, on camera,
of a defense to point out where his daughter was For More Information
positioned and how, exactly, he The National Child Protection
In addition to documenting the crime accomplished the task of having
from the perspective of the victim, Training Center (NCPTC) at Winona
intercourse with her.With a pair of State University is a training program
video cameras can be used to re- anatomical dolls, consider asking him
create one or more aspects of the of the National Association to Prevent
to demonstrate the conduct.At some Sexual Abuse of Children (NAPSAC).
crime. Investigators often employ this point in the process, the suspect may
technique in physical abuse cases. In NCPTC provides training, technical
realize how absurd the claim is and assistance and publications to child
an abusive head trauma case in may simply confess.
which a suspect claims a child fell protection professionals throughout
from a sofa or was only given a “mild the United States. In addition, NCPTC
10. Careful documentation assists undergraduate and graduate
shake,” officers often ask the suspect
to demonstrate with a doll how a of the crime scene, programs seeking to improve the
child fell or the degree of force the including photographs, education provided to future child
suspect used in shaking the child. sends a message to the protection professionals. In
These videos can then be shown to a partnership with CornerHouse,
victim that the government NCPTC also assists in the
medical expert to determine the took the allegation seriously
plausibility of the account and, of development and maintenance of
course, the tapes can later be shown On their death beds, each maltreated forensic interview training programs
at trial. child we work with will remember at utilizing the RATAC® forensic
least two people—the person who interviewing protocol. For further
In some sexual abuse cases, video abused them, and the person who information, contact NCPTC at
cameras can also be used to re-create responded to their report of abuse. 507-457-2890 or visit our website
a portion of the crime or highlight Although investigators and at www.ncptc.org. For further
the absurdity of a suspect’s claim.The prosecutors cannot guarantee a information about NAPSAC, call
majority of research confirms that, successful outcome for maltreated 651-340-0537 or visit our website at
when properly used, anatomical dolls children brave enough to disclose, we www.napsac.us.
are a helpful tool for children to can guarantee the allegation will be
explain their experiences.2 Dolls or taken seriously.
other tools can also be used when
interviewing a suspect. For example, In responding to their disclosures, we
in a case in which a suspect claims may help children appreciate the
4 CENTER PIECE • Volume 1, Issue 5: 2009 • NCPTC
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