[Chapter 5]{.smallcaps}

[Communication with Victims and Survivors]{.smallcaps}

Nancy Lewis and Ann Jaramillo[^1]

*This chapter introduces a communications framework in which to develop
effective skills for understanding and assisting victims of crime. By
developing an awareness of the various cultural styles of communication,
victim service providers can strengthen their skills in active listening
and paraphrasing the victim's statements to build trust and to
demonstrate that he or she has been heard. Also addressed here are the
many barriers that must be overcome to be effective in communication,
including cultural barriers, program barriers, language barriers, and
emotional barriers. Communicating with child victims calls for
additional skills. Communication in a victim needs assessment is one
specific area where the service provider must be sensitive and alert to
the verbal and nonverbal communication from the victim.*

## COMMUNICATIONS FRAMEWORK

Victim service providers have an opportunity and a responsibility to
advocate for victims in the aftermath of a crime and throughout their
involvement in the criminal or juvenile justice system. Victim service
providers must be able to communicate effectively with crime victims and
survivors, who may be in crisis and in a hypersensitive state, in order
to assess the situation and respond effectively to their needs. Victim
service providers who practice good communication skills are better able
to help victims move forward and reclaim the control they have lost as a
result of their victimization. Poor communications can further
traumatize and revictimize the victim.

The goals of effective communication with crime victims are to:

-   Identify victims' needs and attempt to meet them.

-   Explain the justice process and the role of the victim service
    provider and allied professionals.

-   Help victims to understand and exercise their statutory and
    constitutional rights in accordance with the law.

-   Protect the safety of victims.

-   Provide information.

-   Obtain information.

-   Be sensitive to special needs or concerns.

Good communication requires that the message be sent and received as it
was intended. Thus, the victim service provider must use clear and
concise language and provide timely, accurate information to avoid
misunderstanding and confusion. Good listening skills must be employed
to make sure the needs of the victim are identified and clearly
understood. This chapter offers communication concepts and techniques to
help the victim service provider communicate effectively.

## SKILLS WITHIN THE COMMUNICATION FRAMEWORK

A victim service provider uses many skills within the victim services
communication framework, including:

-   Building trust.

-   Using active listening.

-   Understanding and overcoming communication barriers.

-   Conducting an effective assessment through observation and asking
    questions.

**Building Trust**

The experience of being victimized has the potential to turn every
aspect of a crime victim's life into chaos and disarray. A common
feeling reported by victims in the aftermath of a crime is a loss of
control. Because victims had no control over their victimization, this
sense of helplessness can persist into other areas of their lives and
create suspicion and mistrust of other people and of the criminal or
juvenile justice system in general. It is important for victims to begin
to regain some control of their lives and to develop trusting
relationships with people who can help them cope with their
victimization, access support and services, and navigate through the
criminal or juvenile justice system. Victim advocates should attempt to
develop a positive relationship with the victim by establishing mutual
trust.

Many victims seek and obtain services from a variety of service
providers who are both system- and community-based. Collaborative
casework requires collaborative communications and management among
service providers who share responsibility for helping a crime victim.
If victims are required to deal with new service providers as they seek
supportive services and navigate through the system, it is essential to
ease the transition from one victim service provider into a "new"
relationship.

Having good information and being able to provide useful, relevant
resources to victims goes a long way in developing trust and increasing
a victim's confidence in the victim service provider and the criminal or
juvenile justice system. Victim service providers should seek to:

-   Provide timely and accurate information. If such information is
    unable at the time of contact, inform the victim that you will try
    to obtain it in a specified time frame and get back to them.

-   Know state laws and agency rules about victim privacy and
    confidentiality, inform the victim of any such protections, and
    abide by them.

-   Explain the specific rules of privilege that may apply to
    communications with victims (i.e., disclosure requirements versus
    confidential communication between advocates and victims).

-   Explain the purpose behind the questions that you are asking.
    Provide as much information as possible about how the case will
    proceed (or if the case is not prosecuted, about resources available
    to the help the victim).

-   Explain to victims what their options are with regard to reporting a
    crime and participating in the process. Help them to understand and
    evaluate their options and the possible consequences of each
    decision.

-   Be sensitive to victims' mental health and medical needs, and make
    appropriate referrals.

-   Explain crime victim compensation and help violent crime victims
    apply for it when they are eligible.

-   If victims feel alienated as a result of their age, culture, race,
    religion, gender, or sexual orientation, partner with a
    representative from the relevant community to improve the quality of
    victim assistance.

-   In the role of advocate, never make promises that cannot be kept.

Building trust requires good communication skills, which can be
practiced using these basic techniques:

-   Active listening.

-   Paraphrasing.

-   Reflective listening.

-   Affirmations.

-   Observation and nonverbal communication.

-   Asking open-ended and close-ended questions.

-   Awareness of cultural styles of communication.

### Active Listening

People normally speak at a rate of 100 to 175 words per minute, but they
can listen intelligently at 600 to 800 words per minute (Fowler, 2006).
Since only a part of our mind is paying attention, it is easy for our
mind to drift. The cure for this is active listening, which involves
listening with a purpose. There is a real difference between hearing and
listening. Active listening assumes an understanding or comprehension
that hearing does not. This type of listening weighs and considers what
is being said.

Some techniques to be a good active listener include:

-   Be attentive. Don't fidget, daydream, or let your eyes wander when a
    victim is speaking to you. Maintain eye contact, if culturally
    appropriate, to show that you're interested in what is being said.

-   Take time to listen to the full story. When there is a pause in the
    conversation, ask questions or offer gentle probes to clarify what
    is being said or to elicit more information.

-   If you have trouble concentrating on what a victim is saying, try
    repeating his or her words mentally after you hear them. This will
    reinforce the speaker's message and help you control mind-drift.

-   Ask for clarifications or repetitions of statements to understand
    what the victim is saying.

-   Be willing to repeat information you are offering to the victim
    several times. Victims in trauma may have trouble concentrating or
    understanding and remembering information.

-   Use silence to gather information. Silence gives victims time to
    think, and they may be better able to provide additional information
    if they are allowed quiet time.

-   Listen without judgment. Many victims have already been stigmatized
    and marginalized. Show understanding, concern, and caring.

-   Take brief notes. This demonstrates professionalism and concern and
    records important information. Do tell the victim why you are taking
    notes and whether the notes are confidential.

-   Don't talk. You can't listen while you're talking.

-   Don't interrupt.

-   Don't become flustered by victims' anxieties or repetitions.

-   Don't jump to conclusions, assume you know what the speaker is going
    to say before it's said, or put words in the other person's mouth.
    You may be wrong.

-   Don't react to anger or argue with victims.

**Paraphrasing**

What someone says and what we hear can be amazingly different. Our
personal values, filters, assumptions, judgments, and beliefs can
distort what we hear. Paraphrasing is a way of making sure you have
correctly understood the victim. It is also a way of identifying
distinct issues. Paraphrasing demonstrates that you are trying to
understand, to the degree possible, what the victim is feeling.
Paraphrasing involves stating back in your own words what you understood
the victim to say, not parroting the victim's words. This tests your own
comprehension and avoids misunderstandings that could lead to the
victim's loss of confidence in you. Paraphrasing enables the victim to
feel heard and to clarify anything you may have misunderstood.

Techniques for effective paraphrasing include the following:

-   Listen to the speaker carefully. Search for key words, phrases, and
    concepts.

-   Make mental notes.

-   Repeat what the speaker has said, using your own words, and being
    careful not to change the meaning.

-   Use paraphrasing before moving on to another subject.

Begin paraphrasing with such words as:

-   "So what I hear you saying is ..."

-   "In other words ..."

-   "What I understand you are saying is ..."

-   "If I hear you correctly ..."

**Reflective Listening**

Reflective listening is similar to paraphrasing, except that the point
is not to summarize what the speaker is saying, but to know and show
that you understand how he or she is feeling through the words that are
being used. When a victim is upset, it is very important for the victim
service provider to simply understand the emotions that the victim is
feeling. This validates that how the victim is feeling is "normal" and
helps victims to feel more connected because they are understood. This
does not mean that you should tell victims how they should feel.

To reflect the victim's feelings, victim service providers can:

-   Listen to the speaker carefully.

-   Make a mental note of key points.

-   Be willing to listen to victims share their experiences if they want
    to talk about the crime and its effects, and validate that
    experience with empathy and support.

-   Reassure victims that their feelings are quite natural, even though
    they may seem unusual at the moment. Let them know that feelings of
    anger, distress, guilt, frustration, fear, etc. are not uncommon and
    are perfectly justifiable.

Examples of reflections include the following:

-   "What you are experiencing is perfectly acceptable, given what
    you've been through." (NOTE: Many professionals do not like the use
    of "normalization," as many victims do not feel normal, and telling
    them it's "normal" appears to be patronizing.)

-   "That must make you feel ..."

-   "It sounds like you are really feeling ..."

-   "If I were in your shoes, I might have concerns about that also."

-   "I can see why you're feeling ..."

**Affirmations**

Affirmations are statements that recognize and validate a victim's
strengths. They include acknowledgment that the victim has been harmed
and help to build the victim's confidence in his or her ability to
persist. Affirmations must be congruent and genuine to be effective and
to avoid sounding patronizing. Some examples of affirmations include:

-   "You've been through something very terrible; I'm so sorry."

-   "I think it is great that you want to do something about this
    situation."

-   "I appreciate how hard it must have been for you to decide to ..."

-   "That must have been difficult for you."

-   "You're certainly a resourceful person, to have been able to ..."

-   "That's a really good question."

-   "That is a good decision."

-   "You took a big step."

-   "It must be difficult for you to accept a day-to-day life so full of
    stress."

-   "I must say, if I were in your position, I would find it difficult
    too."

-   "You certainly have to cope with a lot of problems right now."

## Observations And Nonverbal Communication In Assessing Victim Needs

Victim service providers respond to the needs of the victim in a variety
of situations including but not limited to the scene of a crime or
shortly thereafter; answering the hot line at a victim assistance
center; providing support in the courtroom; or providing
corrections-based victim services. In all of these situations, the
victim service provider must have the skills required to determine a
course of action to respond to the specific needs of the victim.
Assessment skills include listening, observing, and asking relevant
questions.

+-----------------------------------+-----------------------------------+
| ***Observations***                | **[Exhibit V-1]{.smallcaps}**     |
|                                   |                                   |
| When observing any situation      | **[Verbal and Nonverbal           |
| involving victims of crime, a     | Communication]{.smallcaps}**      |
| provider needs to be aware of the |                                   |
| entire situation (e.g., is the    | ![](media/image1.j                |
| situation safe? Is the victim     | peg){width="2.7083333333333335in" |
| coping enough to function?). Much | height="2.7506944444444446in"}    |
| of the information a service      |                                   |
| provider receives will be through |                                   |
| nonverbal communication.          |                                   |
+-----------------------------------+-----------------------------------+
| ***Nonverbal Communication***     |                                   |
|                                   |                                   |
| The words we use are only a small |                                   |
| percentage of communication. As   |                                   |
| Exhibit V-1 shows, only about 7   |                                   |
| percent of all communication is   |                                   |
| verbal; of the remaining 93       |                                   |
| percent, 38 percent is vocal and  |                                   |
| 55 percent is facial (Mehrabian   |                                   |
| and Ferris, 1967; Ekman and       |                                   |
| Friesen, 1969).                   |                                   |
|                                   |                                   |
| Nonverbal behavior can            |                                   |
| communicate respect and concern   |                                   |
| and can increase both your        |                                   |
| comfort level, as well as the     |                                   |
| victim's comfort level.           |                                   |
+-----------------------------------+-----------------------------------+

Nonverbal communication is important because:

-   It affects how we understand others and how they understand us.

-   Sometimes there are differences or inconsistencies between verbal
    communication and nonverbal expression. Victim service providers
    need to be aware of these inconsistencies in themselves as well in
    as others.

[]{.mark}

Some aspects of nonverbal communication include:

***Physical space***. This describes the specific amount of space with
which an individual finds a comfort zone. A person's culture often
dictates a preference for less or more space, which can also be affected
simply by the impact of victimization.

Many victims prefer a bit of physical space between themselves and the
person to whom they are talking. The range of victims' comfort zones can
be easily accommodated by having a narrow desk or table that provides
clear space but that can be easily be reached across should it be
warranted. Many victim advocates and counselors also use chairs on
rollers so they can easily move closer to the victim.

***Personal touch.*** A general rule of victim assistance is *never* to
touch a victim unless the victim specifically invites such a gesture,
either by physically reaching out to the advocate, putting his or her
hand forward, or offering some other clear physical invitation that
personal touch is acceptable and even desired.

Culture weighs heavily on a person's comfort with personal touch. For
example, many Asian cultures consider personal touching to be aggressive
behavior and an invasion of personal space.

Through body language, an advocate can make a victim aware that personal
touch is available but only if the victim so desires. A firm and warm
handshake upon greeting, physically leaning forward while speaking, and
having one or both hands on the table slightly extended forward are all
clear nonverbal signs that if the victim wants to initiate personal
touch, it will be accepted and welcomed by the advocate.

***Position of the bodies and body orientation.*** Proximity between a
victim and advocate is critical to successful communications, both
verbal and nonverbal. The most important rule is to seek mutual
positions where eye contact, if warranted, can be easily achieved
*horizontally* without either party having to look up or down. A victim
should always be given the choice to sit or stand and, if he or she
prefers to sit, the option of choosing the seat.

The advocate's physical position (or posture) should promote a clear
interest in and receptivity to what the victim is doing or saying. This
can include sitting up straight but slightly leaning forward and having
one's hands slightly forward in a comfortable position, either on one's
lap or on a table.

If a victim is uncomfortable with his or her proximity to the advocate,
the advocate can look for physical signs of discomfort or distress:
movement of the legs; finger tapping; physical rocking of the body;
attempts to create greater physical distance, or aversion of the gaze or
direct eye contact. If distress is evident, the advocate can step back,
lean back, or slightly move his or her chair back.

***Eye contact.*** A victim's preference or disdain for direct eye
contact can be based on personal upbringing and mores, cultural nuances,
or simply the emotional impact of victimization, which sometimes
precludes direct eye contact in nonverbal communications. While eye
contact often helps facilitate effective communications and expresses a
strong interest in what the other person is saying, it can also be a
strong barrier to personal communications with victims who are
uncomfortable with direct eye contact.

One effective approach to determining the parameters of direct eye
contact is to look in the direction of the victim's upper body and/or
head without forcing direct eye contact. This sends a nonverbal signal
that it is within the victim's control to initiate direct eye contact if
desired. The choice to initiate direct eye contact then becomes the
victim's.

***Facial expressions***. With human beings, the face is more highly
developed and capable of expression than in animals, which can be a
benefit or a barrier to effective communications. Some people tend to
become creatures of habit with their facial expressions, habitually
developing clear, distinct looks for shock, distress, frustration, and
disbelief, as well as for empathy and understanding.

Victim advocates can benefit from practicing their facial expressions in
the mirror or videotaping themselves in an exercise with another
advocate who plays the role of a victim. Either approach promotes
self-examination and critique that can eliminate any inappropriate
facial expressions and allow practice of expressions that denote
respect, empathy, and attention to what is being said.

***Gestures***. While many hand gestures are culturally driven, some are
universally accepted as signs of welcome and respect. For example,
holding your hands vertically, facing slightly upwards, shows that you
welcome and embrace two-way communications. Holding your hands parallel
to your chest, raised upward and slightly forward, emphasizes a point
from either the speaker or listener. And the simple act of leaning
forward with your hands on your lap or on the table says, "I'm listening
to what you're saying."

***Appearance***. Victim advocates should *always* strive to look
professional, regardless of the work environment. Whether dressed up or
completely casual, it's *always* important to appear professional. This
requires attention to details in clothing and basic matters of hygiene,
such as clean teeth and fresh breath, manicured hands, neat hair, and
clean clothes that are not wrinkled.

#### Below is a partial list of gestures associated with an emotion or behavior, which have been provided by James J. Messina and Constance M. Messina (2006). This list can give victim service providers some idea of what a victim may be experiencing by observing their gestures. However, it is important for victim service providers to verify their observations by asking victims what they are experiencing (for example, "Are you feeling like your life is out of control?").

#### 

-   **Openness, confidence:**

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-   Open hands, palms up

-   Unbuttoning or removing jacket (men)

-   Eye contact

-   Smile, leaning forward, relaxed

-   Hands away from face, possibly behind back

-   Standing straight, feet slightly apart, shoulders squared

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-   **Cooperation, readiness:**

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-   Standing with hands on hips, feet apart, head tilted

-   Uncrossed legs

-   A person moves closer to another

-   Unbuttoned coat (men)

-   Head cocked, finger to face, blinking or squinting

-   Welcoming handshake

-   Open arms or hands (palms out)

-   Smile (culturally sensitive)

-   Eye contact (culturally sensitive)

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-   **Doubt:**

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-   Pacing

-   Eyes closed

-   Brow furrowed

-   Frown

-   Rubbing eyes

-   Hand to face gestures (evaluative)

-   Pacing with head down and hands behind the back or just standing

-   Scratching head

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-   **Suspicion, secretiveness:**

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-   Folded arms, moving away from another

-   Crossed legs

-   Lack of eye contact (culturally sensitive)

-   Hand covering mouth

-   Frown

-   Scrunching in with head down

-   Stolen look, sideways glance

-   Sideways positioning

-   "Poker face\'\'

-   Deception indicated by lack of eye contact

-   Anxiety gestures

-   Looking at floor

-   Frequent swallowing

-   Wetting lips

-   Throat clearing

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-   **Need for reassurance:**

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-   Clenched hands with thumbs rubbing

-   Stroking arms

-   Cuticle picking

-   Hand pinching

-   Sucking on pen, glasses, etc.

-   Touching chair before sitting

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-   **Anxiety:**

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-   Nail biting

-   Finger movement

-   Sighing

-   Hand wringing

-   Rapid, twitchy movements

-   Clearing throat

-   Tremors, especially knees

-   Heavy breathing

-   Voice strained

-   Lips quivering

-   Rapid eye movement

-   Rigidity

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-   **Frustration, anger:**

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-   Making fists

-   Hands on hips

-   Stomping

-   Sitting on edge of chair (ready for action)

-   Chin out

-   Kicking the ground

-   Lips pressed together, jaw muscles tight

-   Running fingers through hair

-   Rubbing back of neck

-   Hands in pocket

-   Clenched hands with white knuckles

-   Pointing or jabbing

-   Hot under collar

-   Putting out cigarette, especially if with grinding motion

-   Change in skin color

-   Hostile stare

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-   **Defensiveness:**

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-   Hands in pocket

-   Hands behind back

-   Clenched hands

-   Men with jackets button up

-   Folded arms (can be reinforced by making fists)

-   Crossed legs

-   Body twisted away, moving away, sitting back

-   Head tilted forward, possibly squinting

-   Stalling for time by cleaning glasses, rearranging, etc.

-   Hand rubbing back of neck.

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-   **Self--control, inner conflict:**

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-   Hand holding wrist or arm

-   Arm locked behind back

-   Locked ankles

-   Gripping arms of chair as in dentist\'s chair

-   Suppressed gestures or displacement activities such as fist clenched
    hidden in pocket

-   Hand to mouth in astonishment or fear (suppressed scream)

-   Hand rubbing back of neck, running fingers through hair (displaced
    hitting out), "stiff upper lip\'\' or reacting as little as possible

-   Blowing nose and coughing (disguised tears)

**Asking Open-ended and Closed-ended Questions**

Asking questions is often the best way to assess a victim's needs.
Questions let the victim know that you are interested in helping him or
her, and they involve the victim in his or her own assessment. This
tends to build the connection with the victim that is so critical to the
victim service provider's ability to do his or her job and to the
healing process for the victim. Because the objective of asking
questions is to *gather information* relevant to assessing the situation
and *respond to the needs of the victim*, care must be taken to ask the
type of questions that illicit the most information. In these
circumstances, it is highly inappropriate to ask questions simply out of
curiosity.

There are two types of questions: close-ended and open-ended. Both are
useful if victim service providers understand what each is and how each
is used to obtain the information they are seeking.

Close-ended questions typically require a brief "yes" or "no" response
and are best used to find out a specific piece of information or to
clarify a specific point of discussion, but rarely anything more. They
can also be used to minimize the discussion and focus on a specific
fact. Examples of close-ended questions include:

-   "Are you in a safe place?"

-   "Do you want me to call anyone for you?"

-   "Would you like something to drink?"

-   "Would you like to attend the parole hearing?

-   "Would you like help filling out the application for victim
    compensation?"

Open-ended questions cannot be answered with a "yes" or "no" response.
They allow the victim assistance provider to get more information and to
expand the discussion. Open-ended questions also require the victim to
offer a more thorough response that requires deeper consideration and
thinking. Typically, they begin with how, when, what, where, why, or
with tag lines like, "Tell me about . . ."

A word of caution: questions beginning with "why" tend to denote
judgment, so it is best to avoid them when working with victims.

Open-ended questions encourage victims to take the lead in the
conversation, to talk about what is important to them, and to share
important information. Allowing the victim to take the lead tends to
help build trust and rapport because it demonstrates an interest in the
victim. Examples of open-ended questions include:

-   "How safe are you feeling now?"

-   "What would you need to feel safe right now?"

-   "Is there anything else you can tell me?"

-   "What special concerns do you have that I can help you address right
    now?"

While observing and carefully asking questions, the responsibility of
the service provider is to:

-   Elicit information that assesses the victim's primary needs and
    concerns and that can help develop an appropriate and effective case
    plan.

-   Provide victims of crime with a measure of safety and security.

-   Allow victims to ventilate and have their experiences validated.

-   Assist primary and secondary victims to stabilize their lives after
    victimization.

-   Help victims to understand and access supportive services that can
    help them cope in the aftermath of victimization.

-   Help victims to understand and participate in the criminal or
    juvenile justice system.

The victim service provider must be able to quickly assess the situation
and the victim's needs in order to determine the appropriate course of
action to meet those needs, which may include safety and security for
the victim and family members, medical care, mental health counseling,
family assistance, applications for victim compensation, emergency
housing, transportation, translators/interpreters, child care,
victim/witness protection, information, or other services.

Some factors for the victim service provider to consider are:

-   Is the victim stable? What is the victim's:

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-   Emotional state?

-   Current sense of safety and security?

-   Ability or capacity to cope?

-   Current level of functioning?

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-   What does the victim need?

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-   What basic services does the victim need help getting?

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-   Does the victim have a social support system?

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-   If "yes," the service provider and victim can work together to
    engage the victim's support system, if needed and with approval from
    the victim.

-   If "no," the service provider can help the victim develop a social
    support system through referrals for services, mental health
    interventions, and victim support groups.

**Awareness of Cultural Styles of Communication**

The changing demographics in the United States make it incumbent upon
victim service providers to know more about the populations that make up
the communities they serve. Victim service providers are likely to work
with victims from many cultures, which include many different
backgrounds and lifestyles. Cultural diversity includes the following
demographics:

-   Gender.

-   Age.

-   Ethnicity.

-   Race.

-   Sexual orientation.

-   Educational background.

-   Religion.

-   Physical/mental ability.

-   Military/veteran status.

-   Lifestyle.

-   Immigrant status.

-   Political affiliation.

-   Socioeconomic status.

-   Geography (urban, suburban, rural, remote, and frontier).

By acquiring an awareness of cultural communication styles (i.e., how
people express themselves, how they display emotions, and how they deal
with crisis and conflict), victim service providers can adapt their own
communication style to accommodate that of the victim.

Suggestions for increasing awareness of cultural styles include the
following:

-   Learn about different cultures from your clients.

-   Take advantage of available resources (i.e., books, articles, films,
    music, etc.) to learn more about different cultures and their
    histories. There is much information available on the Internet. A
    word of caution: be aware that there are many negative stereotypes
    about cultural groups. Be willing to validate the information you
    are getting to avoid stereotyping anyone.

-   Attend cross-cultural communications training.

-   Learn how different cultures deal with crises and acquire support
    when in crisis (i.e., through elders, nature, spirit, clergy, etc.)
    to be able to make helpful and relevant referrals.

-   Learn how cultures communicate nonverbally. Some cultures do not
    make eye contact because it is considered disrespectful. In some
    cultures, a smile communicates that the person is embarrassed or
    does not understand and is afraid to ask questions. In other
    cultures, smiles signal superficiality and thoughtlessness.

-   Learn how different cultures react to conflict. In some cultures,
    conflict is dealt with directly, while in others open conflict is
    experienced as embarrassing or demeaning.

-   Listen actively and carefully when interacting with victims from
    different cultures. Again, check out any assumptions you draw from
    your observations.

-   Build relationships with individuals from different communities that
    can be used as a resource for learning about cultural norms and
    nuances and validating any information you are acquiring about their
    culture. These important contacts can also serve as gatekeepers to
    diverse communities and promote collaborative efforts that improve
    victim assistance within *all* cultures.

## COMMUNICATION BARRIERS

Victim service providers must do everything in their power to become
aware of and overcome any communication barriers that might exist in
their relationships with crime victims. Barriers to communication
include, but are not limited to:

-   Cultural differences between providers and victims.

-   Programmatic barriers, such as lack of adequate training.

-   Physical barriers, such as the geographical distances some victims
    must travel to access services.

-   Language barriers.

-   Barriers due to disabilities.

-   Barriers created by a victim's inability to focus because of a high
    level of emotion or posttraumatic stress.

*Cultural* barriers that might impede good communication with crime
victims include:

-   Distrust of certain professions (i.e., law enforcement, clergy, and
    attorneys).

-   The victim service provider's assumptions and judgments due to a
    lack of understanding of different cultures.

-   The role of the family (i.e., sharing intimate information outside
    of the family about a crime may be frowned on in certain cultures).

-   Cultural mores that emphasize loyalty to a group over an individual.

-   Cultural indications of shame with respect to victims.

-   Variations among cultures in the grieving process.

-   Prejudice, either conscious or unconscious, on the part of the
    helping individual.

-   The victim's perception of what is private and must not be shared
    outside of the culture.

-   Distrust of the criminal or juvenile justice system because of
    culture or previous experiences that members of a culture have had
    with the system.

-   Fear of immigration and deportation issues.

-   Differences in the American criminal justice system and the justice
    system in the victim's country of origin.

-   Culture of gender-based passivity.

-   Different religious beliefs (e.g., burial practices and rites,
    choices to seek counseling).

-   Disenfranchisement for various reasons (e.g., extreme poverty,
    illness, isolation).

Efforts that victim service providers can make to address *cultural*
barriers that impede communication with crime victims include:

-   Participate in inclusiveness training.

-   Be aware of your own values and biases. Learn to recognize your own
    "hot spots" and develop ways to manage them so they won't affect
    your communications.

-   Pay attention to your nonverbal communication. Many times, people
    communicate one thing verbally and another thing nonverbally. Often,
    someone will react not to what you say, but to how you *say it* and
    *convey it*.

-   Pay attention to your words. Words convey values, judgments, and
    biases. Try to choose words that are neutral. Learn about words that
    are unique to specific cultures, as well as words that are
    culturally-appropriate and culturally-offensive.

-   Avoid false assumptions that you have qualities or attitudes in
    common with victims (e.g., a victim service provider who has been
    victimized in a similar way assuming that the victim is having the
    same experience).

-   Always show respect for victims even though you may not agree with
    their norms, values, and perspectives.

*Programmatic* barriers that might impede good communication with crime
victims include:

-   Lack of diversity among victim services staff.

-   Language barriers.

-   Absence of outreach to different populations about victims' right
    and services.

-   Lack of training and cultural competence to develop skills and
    preparedness so victim service providers can address the needs of
    populations served.

-   Poor understanding of service providers' roles.

-   Agency policies that are in conflict with specific cultures or
    neglectful of specific needs.

Efforts that victim service providers can make to address *programmatic*
barriers that impede communication with crime victims include:

-   Develop a culturally diverse staff.

-   Identify populations in the community that are challenging to serve.

-   Assess and address the general needs of victims from populations in
    the community that are challenging to serve (for example, make sure
    that space is available in secure victim/witness waiting rooms for
    victims from family-oriented cultures who might want to involve a
    large number of family members in court proceedings).

-   Evaluate the staff's cultural competence for assisting underserved
    victim groups.

-   Determine ways in which agency policy can change to better serve
    target groups.

-   Form a partnership with culturally diverse individuals and agencies
    to engage their assistance in serving victims from their
    communities.

*Physical* barriers that might impede good communication with crime
victims include:

-   Location of service providers.

-   Geographic barriers that prevent victims from seeking or accessing
    services due to the distance they must travel or lack of public
    transportation.

-   Victims' isolation and lack of awareness of services in rural or
    highly urban areas.

-   Victims' lack of transportation.

-   Victims' lack of a telephone.

-   Poor access to service providers' offices for people with
    disabilities, such as lack of a TTY or wheelchair ramps.

-   Elderly and child victims who are dependent on others for access to
    services.

Efforts that victim service providers can make to address *physical*
barriers that impede communication with crime victims include:

-   Assess transportation needs for victims in rural communities and
    explore alternate ways to communicate where possible.

-   Increase awareness of your agency's service in communities that are
    highly rural, remote, frontier, or urban.

-   Make sure that a TTY is available and that victim service providers
    are trained to use it.

-   Consider outreach to victims that brings services directly to them
    where they live or work, using both professionals and volunteers.

-   Promote use of videoconferencing for parole hearings that allows
    victims to participate and give a victim impact statement from a
    remote location (that is often selected because it is close to their
    homes).

*Language* barriers that might impede good communication with crime
victims include:

-   Victim assistance literature and information that is available only
    in English.

-   No translator available for non-English-speaking victims.

-   Victims whose first language is not English.

-   Victims using a child, other family member, or friend to translate.

-   Terminology used in the criminal or juvenile justice system that
    does not translate accurately to the language of the victim.

-   Victims speaking English with a heavy accent.

-   Victim service providers not addressing the victim directly,
    speaking instead to a translator or a third person.

-   Literature, forms, and other victim assistance resources not
    available in other languages.

Efforts that victim service providers can make to address *language*
barriers that impede communication with crime victims include:

-   Make efforts to translate victim assistance literature into any
    languages other than English that are predominant in the community.

-   Make sure a skilled professional translator is available.

-   Never use child victims or other family members to translate.

-   Listen carefully and patiently to victims who speak with a heavy
    accent. Ask for clarification when needed.

-   Speak directly to the victim, not the translator.

-   Hire staff with different language skills.

Barriers ***due to disabilities*** that might impede good communication
with crime victims include:

-   No ASL interpreter available for hearing-impaired victims.

-   Victim service providers not facing a victim who relies on
    lip-reading for information.

-   Brochures and other information not available in Braille.

-   Buildings and related facilities (such as transportation and
    parking) that are not in compliance with the Americans with
    Disabilities Act (ADA).

-   Transportation not available for victims with physical disabilities.

-   Victim service providers and others who shout to sight-impaired
    victims or victims with other disabilities.

-   Victim service providers not addressing a victim with a disability
    directly, speaking instead to an interpreter or a third person.

-   A victim service provider who displays obvious discomfort with the
    victim's disability.

-   Difficulty understanding victims with speech impairments.

Efforts that victim service providers can make to address barriers *due
to disabilities* that impede communication with crime victims include:

-   Assess your agency's compliance with the Americans with Disabilities
    Act (ADA). The ADA Web site, which includes many resources that can
    help with such an assessment, can be accessed at:
    www.usdoj.gov/crt/ada/adahom1.htm.

-   Make sure an interpreter is available.

-   Speak directly to the victim, not the interpreter.

-   Make sure that facilities and transportation services can
    accommodate people with disabilities.

-   Be sure your mouth is clearly visible when speaking to victims who
    lip-read. Do not eat, smoke, chew gum, turn away, or cover your
    mouth when speaking.

-   Be aware that lip-reading and listening are tiring for many persons.
    Avoid long monologues.

-   Make sure that literature and forms are available in Braille.

-   For victims who use guide dogs, do not touch, feed, pet, or play
    with the dog.

-   Listen carefully to victims with speech impairments. Don't try to
    rush them. If you don't understand, ask for clarification. Repeat
    key pieces of information to make sure you understand.

***Barriers to communication arising from a victim's inability to focus
due to a high level of emotion or posttraumatic stress*** include:

-   Victims expressing anger, distress, frustration, or fear.

-   Victims experiencing high levels of anxiety.

-   Victims reexperiencing the trauma in the telling of their
    victimization or its effect on them.

-   Victims' lack of trust in you and/or the criminal or juvenile
    justice system.

-   Victim service providers' emotions triggered by the stress of the
    victim.

Efforts that victim service providers can make to address barriers
created by a victim's *inability to focus due to high level of emotion
or posttraumatic stress* include:

-   Recognize that strong emotions are often a direct result of a
    victim's level of trauma.

-   Allow the victim to select the time and place of the interview or
    meeting.

-   Attempt foremost to communicate trust, support, and confidence.

-   Calm and comfort the victim.

-   Allow victims time to tell what happened and describe how they are
    feeling in their own words.

-   Give the victim back the control the offender took away by letting
    him or her decide when and where to talk.

-   Reassure the victim that his or her feelings are acceptable (except
    any feelings that include revenge or suicide ideation).

-   Let the victim know that any feelings of anger, distress,
    frustration, and fear are not uncommon and are justifiable.

-   Be willing to repeat information several times, as well as to listen
    to a victim who repeats information or questions.

-   Be willing to listen to victims who share their experiences if they
    want to talk about the crime and its effects, and validate their
    experience with empathy and support.

-   Have an information and referral system---with names, addresses,
    telephone numbers, e-mails, and Web sites and pages---to determine
    appropriate referrals.

-   Offer to make referral calls and contacts for further information
    and victim support to help facilitate connections between the victim
    and appropriate services.

-   Don't avoid the victim or avoid listening to his or her reactions to
    a crime. Listening and validating those experiences and emotions are
    critical to victims' reconstruction after a crime.

-   Don't expect to be a psychotherapist or to know all the "right"
    answers.

Many communications with victims occur by telephone or in writing
through mail or e-mail. Techniques for effective telephone
communications include the following:

-   Use a proper greeting to the victim, asking how he or she would like
    to be addressed.

-   Maintain a friendly, calm tone of voice.

-   Listen without interrupting or assuming you know what the victim is
    going to say.

-   Do not attempt to multitask. Give the victim your full attention.

-   Check to make sure you clearly understand the victim's key concerns
    or problems.

-   Ask questions for clarification.

-   Provide as much detail as the victim requires.

-   Avoid technical jargon.

-   Match the victim's communication style in tempo and tone.

-   Give the victim choices of several actions or solutions and help him
    or her understand possible outcomes or consequences of those
    choices.

-   Close the conversation by asking if anything further can be done.

-   Thank the victim for taking time to speak with you.

Techniques for effective written communications include the following:

-   Inform the victim of how written communications will be delivered to
    them:

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-   Ensure that delivery of written information will not jeopardize the
    victim's safety.

-   Arrange for an alternate delivery address if there are any safety or
    privacy concerns.

-   Describe or show the envelope in which such information will arrive
    so the victim will not fear or avoid opening it.

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```
-   Use the proper spelling of the victim's name.

-   Use clear, concise words, and avoid technical jargon.

-   Provide an appropriate level of detail. Too little information is
    not useful, while too much information can lead to confusion.

-   End each written communication by providing your contact information
    for further assistance and by thanking the victim.

-   With e-mail communications, it is important to maintain the same
    level of formality and professionalism that is used for other forms
    of written communication.

## COMMUNICATING WITH CHILDREN

-   Realize that children tend to regress emotionally during times of
    stress and act younger than their age. For example, eight-year-old
    child victims may suck their thumbs.

-   Use language appropriate to the victim's age and cognitive
    development and the language that the child victim has used. For
    example, use the language a child sexual assault victim has used to
    describe what happened to him or her. Avoid baby talk.

-   Because young children often feel they may be blamed for problems,
    assure preschool and elementary school-age children that they have
    not done anything wrong and they are not in trouble.

-   Be consistent with the terms you use, and repeat important
    information often.

-   Ask open-ended questions to make sure child victims understand you.

-   Use care in discussing sexual matters with preadolescent and
    adolescent children, as their embarrassment and limited vocabulary
    can make conversation difficult for them. At the same time, do not
    assume that victims, including elementary school-age children, are
    as knowledgeable about sexual matters as their language or apparent
    sophistication might indicate.

-   Maintain a nonjudgmental attitude and empathize with young victims.
    Because elementary school-age children are especially affected by
    praise, compliment them frequently on their behavior and thank them
    for their help.

-   Remember the limited attention span of children. Be alert to signs
    that victims are feeling tired, restless, or cranky. When
    interviewing preschool-age children, consider conducting a series of
    short interviews rather than a single, lengthy one. Also, consider
    postponing the interview until the victim has had a good night's
    sleep. However, do not wait too long before interviewing
    preschool-age children, because victims at this age may have
    difficulty separating the events of the victimization from later
    experiences.

-   Encourage preschool-age children to play, as it is a common mode of
    communication for them. You may find that as children play, they
    become more relaxed and thus more talkative.

-   Limit the number of times that child victims must be interviewed.
    Bring together for interviews as many persons from appropriate
    public agencies as possible, including representatives from the
    prosecutor's office, child protective services, and the
    medical/health care community.

-   Include victims, whenever possible, in decision making and
    problem-solving discussions. Identify and patiently answer all their
    questions. You can reduce victims' insecurity and anxiety by
    explaining the purpose of your interview and by preparing them,
    especially elementary school-age children, for what will happen
    next.

-   Show compassion to victims. Children's natural abilities to cope are
    aided immensely by caring adults.

-   In sexual abuse cases, although the immediate victim is the child,
    do not forget to comfort the nonoffending parent(s). Provide
    referrals regarding how they can cope and what they can expect, as
    well as suggestions on how they can talk to their child.

-   Use professionals such as forensic interviewers and other child
    advocates from local child advocacy centers. Information about more
    than 500 Children's Advocacy Centers is available from the National
    Children's Alliance at:
    www.nca-online.org/pages/page.asp?page_id=4028.

## WRITTEN RESOURCES FOR CRIME VICTIMS

It is important for agencies and organizations that serve victims to
have written resources readily available that are clear, concise, and
easy to understand. Written resources include forms, brochures, fact
sheets, and other materials that are available in both paper and
electronic formats (on Web sites and through listservs and discussion
groups).

When providing victims with written resources, it is important to
recognize that they may not read them immediately; even if they do,
their level of trauma may prevent them from fully comprehending the
written word. It is essential to explain the contents of all written
resources verbally and to follow up with victims to see if they have any
questions or require additional explanation or information.

Some basic guidelines for developing written resources include the
following:

-   The resources should be written at a sixth-grade level.

-   Avoid jargon or acronyms that are confusing to victims.

-   It is helpful to have available:

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-   A list of "Frequently Asked Questions" (and answers) that contains
    basic information that correlates to victims' most common concerns.

-   A description of criminal or juvenile justice processes, as well as
    the range and types of victim assistance services that are
    available.

-   A glossary of terms that explains terminology, jargon and acronyms
    most commonly used in victim assistance and justice processes.

-   Written materials that include a list of toll-free telephone numbers
    for victim assistance and Web sites that victims can access to
    obtain more information.

-   Efforts should be made to provide written resources in the languages
    that are most prevalent in an organization's community, as well as
    in Braille.

The victim service provider works foremost to lessen the impact of the
victimization by identifying the needs of victims and their families and
helping them meet those needs. To achieve this, an accurate assessment
must be made of the victim's safety, functionality, and coping skills.
Observing nonverbal cues and assessing the victim's physical environment
are important ways of gathering information, however much of the
information will be obtained through asking effective questions.

Good communication and assessment skills, as they apply to victim
services, are learned over time. Every situation, every crime, and every
crime victim is different. As long as the victim service provider's goal
is to assist the victim and to ensure that victims' rights are enforced
so that the victim can move toward healing, the victim service
provider's skills will improve over time and with each victim
encountered.

The Office for Victims of Crime has produced a 13-minute educational
videotape entitled "Listen to My Story: Communicating with Victims of
Crime." It includes a detailed discussion guide about how to identify
and overcome barriers to communicating with victims. For information
about how to order the videotape and discussion guide, please visit
www.ovc.gov/publications/infores/other.htm.

## REFERENCES

Ekman, P., and W. V. Friesen. 1969. "The Repertoire of Nonverbal
Behavior: Categories, Origins, Usage, and Coding." *Semiotica* 1:
49--98.

Fowler, K. 2006. "Active Listening, Hear What People Are Really Saying."
Retrieved November 2, 2006, from
www.mindtools.com/CommSkll/ActiveListening.htm.

Mehrabian, A., and S. Ferris. 1967. "Inference of Attitudes from
Nonverbal Communications in Two Channels." *Journal of Consulting
Psychology* 31: 3, \
 248-252.

Messina, J., and C. Messina. 2006. *Tools for Coping Series.* Retrieved
November 2, 2006, from www.coping.org.

Murray, M., M. Hook, and A. Seymour. 2005. *Listen to My Story:
Communicating with Victims of Crime, Video Discussion Guide.* Retrieved
October 20, 2006, from
www.ojp.usdoj.gov/ovc/pdftxt/listen_to_my_story_vdguide.pdf.

[^1]: The authors of this chapter are Nancy Lewis, Colorado Organization
    for Victim Assistance, Denver, CO; and Ann Jaramillo, Introspect
    Consulting, Evergreen, CO.