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When Victims Recant

When Victims Recant. Michelle Schuback, LCSW Children’s Advocacy Center of Collin County Lisa Martinez Children’s Advocacy Center of Collin County. Objectives. Understand the process of disclosure and why victims recant

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When Victims Recant

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  1. When Victims Recant Michelle Schuback, LCSW Children’s Advocacy Center of Collin County Lisa Martinez Children’s Advocacy Center of Collin County

  2. Objectives • Understand the process of disclosure and why victims recant • Identify techniques for handling recantations, and reaffirmations as a multidisciplinary team • Reduce risk for recantations

  3. Stages of Disclosure Denial Tentative Active Recant Reaffirmation

  4. Why Kids Don’t Talk • Barriers to Disclosure • Grooming and Manipulation • Child doesn’t know it’s abuse • Clinical Reasons

  5. Why Kids Don’t Talk Undocumented Clients • Threats by Perpetrator • To report victim or victim’s family to immigration • To family living in home country • Perpetrator is sponsor for their residency • Inaccurate knowledge of system • Police is part of immigration • CPS will take kids away • Laws are same as home country, same expectations • Lack of parent/child attachment due to geographic separation

  6. Why Kids Don’t Talk Undocumented Clients • Family Pressure • Close knit extended family • AP’s family • Head of the house • Men have more “value” than women • AP is usually breadwinner • Caretaker has no income and can’t receive services because she is undocumented. • Breaking secrecy is being disloyal • Blames victim if AP is in the family

  7. Lydia 11 yr. old female Moved to US from Honduras 6 months ago Parents left her with grandmother in Honduras when she was 3. Grandmother physically abused child. Disclosed abuse to her aunt and cousin. Aunt told mother. Mother confronted her in front of the AP and called her a liar. Father was arrested by Law Enforcement CPS left the child in the home with mother

  8. Child Overcomes Barriers and Discloses Abuse…What Happens? • The perpetrator was telling the truth… • “No one will believe you” • “They are going to take you away from your family” • “Your mom is going to be upset” • “They are going to take me away and put me in jail” • The system fails the child • Child has to retell their story over and over • Child is left in the home with unsupportive/non-believing caregiver

  9. Why Recant? False allegations Lack of caregiver support Perpetrator/Child Relationship Age of Child Financial problems Pressure to recant by others Placement – where am I living now?

  10. Child Recanted…Now What?

  11. Initial Response to Recantation • Develop a protocol with your team for how you will handle recantations. • Be sure to know the laws in regards to Brady information. • RECORD YOUR INTERVIEWS…

  12. Recantation InterviewsBefore the Interview • Use the Same interviewer, if possible • Watch the initial interview • Meet with team members to discuss facts of the case • No advance warning to family members regarding recant interview

  13. Recantation InterviewDuring the Interview • Introduction is the same as initial interview. • Establish competency (truth/lie) • Review Interview Rules • “I don’t know”, “I don’t understand”, “correcting interviewer” • Build rapport with neutral subjects utilizing narrative eliciting questions

  14. Recantation-Related Questions • Family Dynamics • Where have you been living since you were last here? • Has anything changed at your home since you were last here? • How has it been at home since initial disclosure? • How did (mom/dad/siblings) treat you after you were here last? • Ask about feelings related to changes since initial interview

  15. Original Disclosure • “Last time you were here you told about some things that happened with _. Tell me about what happened with_” • If child says “I told a lie”, ask “tell me about what did happen.” • Review key points the child made in original disclosure.

  16. What happened after child made initial disclosure? • What happened immediately before and after the recantation? • How did parent or other family members react to initial outcry and recantation?

  17. Video Clip • Michelle • 16 years old • AP is Stepfather • Initial outcry was sexual assault and pornography • Mother not believing • About five months later, she recants…

  18. Recantation-Related Questions • Motive • Always ask child about why he/she “lied” about initial allegations • How did child know about abuse to make that up? • Discuss other evidence in the case with the child • Defendant’s/other witnesses statements • Details from initial disclosure • Eyewitness accounts

  19. Janetta 11 yr. old female AP is her father AP was arrested for sexually abusing child’s sister. Initial interview child disclosed AP touched her chest once. Second interview child disclosed digital penetration. Third interview child disclosed anal penetration. AP was found guilty at trial. Victim began contact with AP’s family and shortly thereafter recanted at age 17.

  20. What does child expect to happen now that they have recanted? • How will they feel if AP is back at home? • How do they feel about AP being around siblings?

  21. Video clip • Lisa • 10 years old • AP is stepfather • Initially disclosed digital penetration and touching. • Medical exam showed she had STD. • Child stayed with her mother and siblings • Month later she recants…

  22. Reaffirmation Interviews • In some ways, this interview mimics the recantation interview • Goal is to determine WHAT REALLY HAPPENED • And why child recanted in the first place, so as a team, we can address it!

  23. Questions during Reaffirmation • How come they recanted? • How come they are reaffirming? • Fears about perpetrator, additional support from MDT or family, pressure from someone, another reason? • Did anyone tell you what to tell me? • How did you know what to say? • Determine how circumstances changed. • Tell me all about what really happened…. • Look for sensory details, chronological order

  24. How Do You Save the Case...A Team Response

  25. How Do You Save the Case…Team Response • Evidence of pressure, false recant • Jail Mail, phone calls, visitation list • Diaries, art work • Witnesses to describe pressure on and demeanor of Victim and Mom • Detective, SANE, Forensic Interviewer, Caseworkers, CASA, Ad Litem, Teacher, Family, Therapist • Use outcry, statements to therapist, SANE, statements to other kids, forensic interview, rebuttal of defensive theory • Make Good use of your Fact Witnesses

  26. Reducing Recantation

  27. Reducing Recantations Multidisciplinary teams Education – professionals and clients “No contact” orders Placement of the child victim Therapy for the child victim Therapy for the non-offending parent and family members Early and ongoing contact and support Speedy resolution of the criminal trial

  28. Reducing Recantation • INCREASE SUPPORT FOR VICTIM AND NON-OFFENDING CAREGIVERS • Victim advocates • Assistance with crime victims compensation • Connect families to resources in the community • Avoid multiple prosecutors, interviews, court appearances for victim

  29. Reducing Recantation • Use Civil Players to stay informed: • FBSS and Conservatorship workers • CASA workers • Information from court ordered service providers

  30. Questions • Michelle Schuback • 972-633-6613 • Lisa Martinez • 972-633-6707

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