VISITING
EXPERTS’ PAPERSRESOURCE MATERIAL SERIES No.89
ISSUES AND GOOD PRACTICES FOR INTERVIEWING POTENTIAL
HUMAN TRAFFICKING VICTIMS
Nekia Hackworth*

I. IMPORTANCE OF THE VICTIM INTERVIEW
A. The Victim Interview as Evidence
Because the victim interview is necessary in obtaining important information, the proper handling of itis essential to the viability of your investigation. As a first responder to a homicide, would you immediately
discount a knife lying next to a stabbing victim? Or would you ignore a trail of money after a bank robbery?
A victim of trafficking, which will often involve physical and/or sexual assault, is a walking crime scene andkey evidence all in one. You should handle your victim with not only the same care you would handle any
major evidence to a crime but you should also handle the victim with all the consideration and compassionthat you can. Mishandling an interview with a trafficking victim can irreparably damage your case as thevictim alone can provide much of the necessary evidence in developing your case.
Chicago (Illinois) Police Department’s Detective Scott Keenan used this simple explanation todemonstrate the role of the investigator in cases where a victim has been assaulted: “By corroborating
as many facts as possible, no matter how insignificant they may seem, you can better help establish thevalidity of the victim’s story and improve his/her credibility even when there are other problems with theinvestigation. Obviously, the primary role of the investigator is to gather evidence, but in doing so, a goodinvestigator will take the time to consider each detail of the victim’s story for potential corroboration.
Verifying as many details as possible, even when they are not directly relevant to the elements of thecrime, will always help to bolster the victim’s credibility. This can be most crucial when there are questions
regarding the accuracy of some major details of the case. The purpose of conducting a thoughtful, thoroughand accurate interview is to corroborate as much as the victim’s story as possible, all the while working toprotect and improve [the victim’s] credibility as a potential prosecution witness.”

B. Obstacles to Effective Interviewing in Trafficking Cases
The investigative process and the personality of the typical investigating officer may create unseen
obstacles to conducting a good interview of trafficking victims. These obstacles are discussed in greater
detail below.
1. Asking for “Just the Facts”
Many officers feel as if just asking “who, what, when, where, and why” is sufficient in an interview. It
is important not only in trafficking investigations but virtually any type of crime to take the time to ask
thoughtful questions and really involve yourself in the interview in order to ensure a satisfactory outcome.
By just asking the basic questions, you will in turn just get basic facts and not the insights or level of detailthat more open-ended and probing questions could elicit.
2. The Police Personality
Police officers, as a very general personality type, tend to be action-oriented people who like to getto the point and then solve the problem. While this personality type can serve an officer well in many
circumstances, it can be counter-productive in a trafficking investigation where a drawn-out, detail laden
and emotionally taxing interview is the norm rather than the exception. The officer may constantly fight to“move on” with the interview rather than give it the time and delicate touch it requires.

* United States Attorney’s Office, Northern District of Georgia, United States Department of Justice.

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3. The Tough-Guy Facade
Because trafficking cases can be so emotionally difficult for not only the victim but the officer as well, theofficer may have a tendency to adopt a tough facade when responding to such cases. This false exterior is anattempt by the officer to distance themselves from the emotion of the case and maintain an unbiased image
in front of the victim. While adopting this image may help the officer feel more in control of themselves
and their emotions, it can serve as a huge barrier to effectively connecting with the victim and, in turn,conducting a satisfactory interview.
4. The Police Career Path
The typical career path for a police officer that may lead him from the entry-level patrol position to that of
conducting interviews serves as a somewhat deeper and more difficult obstacle to overcome. Most officers,
by the very nature of the police career path, will learn much of their interview techniques “in the trenches”
where time and optimal conditions may not be a possibility. They will rely on those first experiences inhandling victims throughout their career. This less than optimal method of training potential investigators in
the fine art of interviewing seems difficult and virtually impossible to combat.

C. Pre-Interview Guidance
Below are some key principles to keep in mind when preparing for your victim interview.
1. Do No Harm to the Victim
One of the goals of your victim interviews, aside from the obvious gathering of evidence, should be toinflict the least amount of further injury to the victim. The interview will most likely be the first or second ofmany times that the victim will be forced to recount pain and humiliation to another person. It should always
be a priority to do everything possible to minimize the damaging effects that the interview could have on thevictim as well as the longer term effects of a poor interview on your investigation.
2. Set the Stage for the Victim
An officer or other interviewer can “craft” a more desirable and less damaging atmosphere by attempting
to set the stage properly for the victim interview. This has as much to do with managing your own demeanor
and reactions as it does with establishing physical space and comfort for the victim. The first step would be
to select an appropriate location for the interview. The location should be one in which the victim feels safe
and comfortable, and it should be quiet and free from distractions. An officer (especially one in full uniform)should always avoid standing above the victim, as this can be seen as intimidating. Steps are a good location
for an interview, as even a physically larger person can maintain a lower presence than the victim. This
allows an excellent opportunity for the victim to regain a small bit of control over physical surroundings andwill help to put the victim at ease during the discomfort of the interview. This can also be accomplished at
the hospital by sitting in a chair while the victim is sitting or lying on the higher position of the examining
table.
To preserve the emotional health and the progress of your interview, you should discuss privately
with the victim if she would like anyone specifically included or excluded from the interview. As long as
the support person is not a witness to the crime, where that person’s own testimony could influence or
be influenced by the victim’s, you should allow the victim any support person that they wish. In the caseof the victim preferring to have someone excluded from the interview, most likely a parent or spouse, it
should be handled diplomatically. While initially having a parent or spouse present seems like a reassuring
and safe idea to the victim, they will often find themselves holding back key information in the presence ofthe spouse or parent out of shame, fear or embarrassment. Other support people should be available uponrequest of the victim, possibly a counselor or a same sex officer.
It is imperative that you stress to the support person that their role is one of emotional support to thevictim and they should be cautioned against “filling in gaps” for the victim, prompting answers or in any
other way disrupting the interview. This is again another opportunity for the victim to be allowed to feel incontrol of the situation. You should explain to the victim the purpose of the interview – that you are there
to collect a statement as well as any evidence of the crime. Remember that, often, the investigator is a
first responder on a scene and is possibly in full uniform. This can be very intimidating to a victim. When
this person starts asking many probing, personal questions with no explanation, it becomes frightening. By
explaining the purpose of the interview, the victim begins to understand that you are not questioning the29

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victim to find fault or blame, but, instead, to gather evidence and begin an investigation.
Explain to the victim before you begin the interview that there may be questions that she cannot answer.
Assure the victim that this is normal and in no way reflects the strength or validity of his/her claims. Yourjob is to attempt to gather as much accurate information as possible, so caution the victim against guessing
as it could have a longer term negative impact on the investigation.
In the victim’s fearful state, they may emphasize to you that they do not wish to prosecute the caseor that they are unsure about whether or not to proceed with a prosecution. Reassure the victim that you
respect their opinion on how the case should be handled, and that the opinion will be taken into accountwhen determining whether and how to proceed with any criminal investigation. However, stress to thevictim that it is important that the police gather appropriate evidence and make a report about the incident inspite of the victim’s decision to not further cooperate with the investigation.
3. Showing Empathy
Empathy is a powerful tool to assist an investigating officer or other interviewer in a trafficking case.
It helps to establish a rapport with the victim that will ultimately lead to a more open and productive
interview. Empathy is demonstrated as much by words as by actions. When asking the victim how they are
feeling, take the time to actually listen to the victim’s answer and let the victim know that you are doing so.
In an effort to show empathy to a victim, it is often the case that officers will say well-intentioned things
that could have the opposite of the desired effect, making the victim feel angry or hurt. This can lead towithdrawal and decreased cooperation on the part of the victim.
It is imperative that the victim feel comfortable with you, feel that their emotions are valid, and feel thatyou are genuinely interested in their well-being. Acknowledging that the victim has been through a very
difficult experience can demonstrate empathy and help put the victim at ease. Your vocal tone and volume
should be calm and reassuring. Using “you” statements demonstrates that you are concerned about thevictim and are there to help. For example, you may say to the victim, “I’m sorry that this happened to you,”or “How are you feeling?”
Some examples of things NOT TO SAY to a victim include:
•
•
•
•
•

“I know how you feel” (even if you as an officer are a survivor of sexual assault)“Everything will be ok.”
“It could have been worse.”“You shouldn’t feel that way.”“Don’t cry.”Showing empathy is perhaps the most important thing that an investigating officer or other interviewer
can do to set the stage for a thorough and accurate interview.

II. CONDUCTING THE INTERVIEW
A. Techniques to Creating and Maintaining an Open Interview
Throughout the interview, there are various techniques that you can use to help put the victim at ease,encourage honesty, and demonstrate empathy. By preempting questions with an explanation of why you
need the information, you allow the victim the chance to understand why he or she should answer yourquestions and answer them accurately. This is especially important when discussing specific sexual acts
involved in the assault or high risk behaviors surrounding the assault. When asking for specific information
about sexual acts, it is helpful to explain the various nuances of language in the law regarding sexual assaults
in an effort to explain why such explicit and embarrassing information might be needed. In the case of highrisk behaviors surrounding the crime, it is important that the victim understand that asking about such
behaviors should not be taken to mean that the investigator believes that the victim is lying or somehow
allowed the crime. More importantly, it is an effort to understand the circumstances around the trafficking
crime and to prepare for an inevitable attack on the victim as it relates to lifestyle, background, etc.

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There are various physical cues and techniques that an investigator can use to relax the victim andfoster open communication. For example, maintaining eye contact with the victim during the course of
the interview is vital to maintaining the flow of communication. Be sure not to stare, as many find that
unsettling. However, it is important to look the victim in the eye when addressing him/her and, more
importantly, make eye contact when the victim is answering your questions. This lets the victim know thatyou are listening and are in tune with what the victim is saying. It also conveys a small level of respect thatthe victim is most likely relieved to be feeling. One should be cautioned, however, against forcing this typeof eye contact as some victims may feel too much shame to be able to look you in the eye. Also, in some
cultures, eye contact may be considered offensive.
Because the crime that has been perpetrated against the victim is of such a personal nature, it isunadvisable to actually touch the victim during the course of the interview. Referring back to earlier
comments about helping the victim to regain control, any sort of uninvited physical touch could be construed
as a violation of their recently violated personal space. If you do feel as though some sort of personal contact
is warranted, be sure to actually ask the victim’s permission before doing so.
Finally, many victims find police terminology used to describe sexual acts both confusing and intimidating.
You should avoid using them altogether until you are writing your report. You should allow the victim to use
whichever terms he/she feels most comfortable with. However, if you find yourself unfamiliar with a slangterm being used, take the time to clarify the specific act without being overly technical. After a victim has
used a term to describe a sexual act or genitalia, mimicking that term when you speak (after clarifying it’smeaning) will increase the victim’s comfort level. Acting shocked or embarrassed by these terms will leadthe victim think you are otherwise uncomfortable in the situation and the victim may begin to withdraw.
Finally, by injecting comments and rhetorical questions into the conversation that do not upset the flow ofthe victim’s narrative, you show the victim that you are not only listening but are listening intently. Below is
an example:•••

Victim: “I’d seen him around and my friends all knew him but I really didn’t know him at all.”Investigator: “So you sort of knew him on a casual basis?”
Victim: “Yeah, like I’d nod or something if I saw him on the street.”

B. The Victim’s Narrative
By using open-ended prompts and allowing ample time for a thoughtful response during this stage of theinterview, you allow the victim to tell the story completely and to have control over the process. Sentencessuch as “And then what happened?” or “Tell me more about that” allow the victim to elaborate on the
narrative without upsetting his/her thought process. The victim should be leading the conversation withoccasional encouragement from the investigator. By allowing this sort of flow of conversation, you are likely
to get more accurate and uncorrupted information, not to mention more information all together. Also, it
allows the victim to tell his/her story in a way that the victim feels comfortable, which helps to increase easewith the entire process.
Avoiding leading questions will also help you to avoid any sense that the victim has been unduly
influenced one way or another. Victims of violent attacks, especially sexual attacks, are highly susceptible tothe influences of those around them, especially those of people in power. You may unwittingly influence thevictim’s accounting of events. Also, by asking leading questions, you may convey the idea that answering thequestion a certain way would be the “right” answer and that it would be more like a “real” assault if thesethings did occur. In an effort to be believed, the victim may change his/her own version of events to match
what she feels the investigator might favor. Examples of leading questions:•••“Did he use physical force to restrain you?”“Was he bigger than you?”“Did you resist?”

Interruptions by investigators can be a death blow to a good investigation. When you interrupt the victim’s
narrative, even just to clarify a point, you interrupt their train of thought which could cause them to be
confused and forget details. Also, it shows you are either not listening or not particularly interested in what

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the victim is saying, or even that the information she had been giving was somehow not important enoughto allow the victim to continue. During the victim’s narrative, you should concentrate on making notes about
things you didn’t understand or gaps in information rather than interrupting on the spot to clarify points andasking more questions. Of course, while making notes, you should still be sure to pay close attention to what
the victim is saying, using eye contact and other non-verbal gestures to indicate that you are listening.
When preparing to conduct a trafficking victim interview, you should prepare yourself for a long,emotionally difficult interview. Essential elements in collecting information from the interview include:
•
•
•
•
•

Description of the victim’s behavior and relationship with the suspect
Description of the suspect’s behavior
Description of the labor and circumstances of the labor
Documentation of the specific acts committed and whether any acts were repeated
Description of the suspect’s sexual behavior

To the extent possible, you should also obtain information regarding the victim’s background. You should
try to obtain these details once you build rapport with the victim and once the victim feels comfortableproviding the information. To the extent that the victim is reluctant to provide personal backgroundinformation early on in the investigation, you will need to conduct your own investigation (for example,
criminal history) and follow-up on critical matters as needed.

C. The Inconsistency Problem
It is understandable and perhaps inevitable that victims will give information that is either inconsistent or
untrue. However, any inconsistencies or untruths are likely to destroy the victim's credibility if not handledappropriately by police. It is critically important that officers realize these inconsistencies or untruths
are understandable and should not be confused with a “false” allegation. Rather, officers should addressinconsistencies in the victim's statement by exploring the issue gently and nonjudgmentally with the victim.
When an inconsistency does arise, the most immediate response should be to point it out to the victim
and ask the victim to clarify it. It is entirely possible that the victim simply made a mistake or the officer
misheard or misunderstood what the victim was saying. It is also important to fully explain to victims theimpact of inconsistencies on their credibility and the police investigation. If the inconsistency remains,
officers can explain that conflicting information has arisen and ask for the victim's assistance in making
sense of it. For example, an officer could say: “I need to ask these questions because I have to write areport on this, and I want to get every detail correct.” If the inconsistency seems to result from the victim's
attempt to make the assault sound more like “real,” officers should address the victim’s underlying fearof being doubted or blamed. Officers can also reassure the victim that the assault was serious and that he/she did nothing to deserve it, or emphasize the importance of complete truthfulness and create a safe,
nonjudgmental environment that encourages honesty even regarding unflattering or illegal behavior. Victims
should be reassured that they will not be arrested for illegal behavior such as underage drinking or drug use— but this promise must only be made if it can be guaranteed to be true. Departments should never arrest
trafficking victims for such behavior given the priority that must be placed on the criminal victimization.
If these more direct strategies do not work in clarifying information with the victim, there are somealternative approaches. For example, the officer can blame someone else for needing to clarify the
information. This can help take the heat off the officer and facilitate victim cooperation. For example, theofficer could say: “I understand why you didn't call for help that night, but I need to know what you aregoing to say when the defense attorney asks about it in court.” Or, officers can blame themselves. This
technique might work best with victims who continuously change their story. For example: “I'm sorry, but
I'm confused. I thought you said you didn't call for help that night.”

D. Concluding the Victim Interview
Take time after the conclusion of the “hard part” to ask the victim if she can remember anything elsethat she may have forgotten or had any other information that may be at all relevant. By allowing the victim
to stop after the intensity of the interview to collect their thoughts, they may come up with additional
information that could be useful. Though the interview is coming to an end, continue to extend empathy to32152ND INTERNATIONAL TRAINING COURSE
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the victim by reassuring the victim that the crime was in no way his/her fault. You may also thank the victim
for cooperation and courage at coming forward, reporting the crime, and enduring the interview.
Explain to the victim what your next steps will be and how the investigation should proceed. Rememberthat most people have no understanding of how police procedures work, so taking the time to explainthem to the victim will be greatly appreciated. For example, the officer can explain the crime laboratory
procedures for processing forensic evidence (like DNA) and the process for releasing any of the victim's
property that was taken for investigative purposes. When explaining the police procedures, it is important toavoid false assurances or unrealistic expectations for the process. For example, victims should not be told:“Don't worry, we'll have the suspect in custody before you know it and he'll go to prison for a long time.”
Instead, victims should be provided with honest information about the process and likely outcomes.
Officers should also address any questions or concerns the victim might have about what is and is notpart of the police investigation. For example, one victim might be very concerned about the fact that her
criminal history is checked. In this case, the victim can be reassured that everyone who comes into contact
with police is checked for a criminal history and that this does not in any way represent that she is being
doubted or blamed for the assault. Another victim might be concerned about why she is being fingerprinted
after reporting that she is a victim of a physical or sexual assault. In this case, officers should explain to
victims that they are providing elimination prints and how these are used to rule out those from the victim
when looking for those of the suspect.
Victims can also be informed that the officer will interview the suspect (if one can be located), and that
information about this contact may come back to the victim. For example, officers will often “go along” withthings that the suspect says in an interview just to keep him talking. Victims should be informed that thisis used as a technique for collecting information from the suspect and does not indicate that the officer has“taken the suspect's side” or view of events.
At the conclusion of the interview, officers can explore safety concerns with victims and help them
formulate a plan for maintaining their physical well-being. Given that most victims know their offenders,
they understandably have concerns about what will happen when the suspect is contacted by police about
the assault. In cases where the suspect is a stranger, victims are also concerned that the suspect will remain
at large and pose a threat for repeated victimization. It is therefore important for officers to explore a safety
plan with victims, and explain the procedures for obtaining an order of protection if appropriate.
Officers should provide victims with information about who to contact if they have any questions or recall
any additional information. Victims may also want to contact someone to clarify details in their statement.
To make sure that victims can actually get in contact with the officer who responded to their case, theresponding officer should provide victims with his/her name, badge or identification number, and the victim's
case number. If an officer has a business card, this can also be provided to victims with information about
who to contact for any questions or concerns that may arise.
Finally, because victims are often reluctant to stay at their own home or the place of victimization after
an assault (especially if the assault took place there), it is important to get the address and phone number
where the victim will actually be staying. In addition, it is advisable to get the name, address, and phone
number for another contact person in case the investigator has difficulty locating the victim.
After the interview, officers should stay in touch with the victim and keep him/her apprised of thestatus of the case. Even though officers often withhold information to protect the victim from unpleasantnews, victims want to be kept informed of the status of their case. Especially if their case is being closed
or inactivated, victims need to be notified of this fact to achieve some closure in their own lives. Because
it can sometimes be difficult for police to keep in contact with victims as often as victims would like, victim
advocates can play an important role in keeping the victim informed regarding the police investigation. Also,
victim advocates can be especially helpful in ensuring that all of the victim's questions and concerns are
addressed, and that they understand what will happen next in the police investigation.
Support people can also be provided with the same information and referrals as the victim, in order to

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address their own questions and concerns regarding the victim’s trauma. In addition to answering questions
from the victim, advocates can also address the questions and concerns of significant others both during
the immediate response to trafficking (e.g., at the hospital or police department) and in the longer-term
aftermath of victimization.
Finally, officers should provide the victim with written information about a person’s rights as a crime
victim in the state. Some of these rights might include confidentiality, anonymity, and the right to an
advocate or support person during follow-up interviews with law enforcement. The victim should also be
provided with referrals and information about community resources and agencies that are trained to workwith survivors of trafficking. Either the officer or advocate should have printed material that can be madeavailable to victims so they have it in their possession for whenever they might need it. These materials
should address topics such as recovery from sexual assault, medical issues, what to expect during the legal
process, and community resources. When leaving the victim, police should make sure that she has support
personnel and transportation, especially if she is at the hospital.
A quote from retired New York (New York) Police Department Detective Harry O'Reilly vividly describes
the important role of the officer/investigator in handling sexual assault victims:
You might be wondering, if you are police officers reading this, “Why should we be doing all of this?
We aren't social workers.” This is one of the most common comments made to me in this training
job. I say that we most certainly are social workers. We are in the people business, and we must learn
how to deal with and relate to all kinds of people. We should be relating with a much greater degreeof sensitivity than in the past. If you cannot be moved by the humanity of the argument, then maybe
you can relate to the practical advantage of it — if we want the victim's cooperation in the prosecution
we have to treat her with the same dignity we afford any other victim of crime. Only we should treat
her much more sensitively, because she has had the most heinous crime next to murder perpetrated
against her.
This “victim-centered” approach to investigating and prosecuting sexual assault cases applies with equal
force to human trafficking cases.

III. VICTIM ASSISTANCE DURING A CRIMINAL INVESTIGATION
A. The Need for Victim AssistanceFederal prosecutors need to consider every possible mechanism that will stabilize the victim. In the
United States, options include immigration relief (Continued Presence or T visas), non-governmentalorganization (NGO) victim advocates, and community support. Victim advocates, NGOs, and community
group members can be helpful with the process of explaining the courtroom procedures, what the victimwitness will face, and what their participation will entail.
B. Possible Legal Issue
The provision of victim benefits to cooperating victim-witnesses is an issue that federal prosecutors
consistently cite as a challenge to a successful prosecution. Investigators and prosecutors representing theUnited States Government cannot promise victim-witness benefits for their cooperation in a prosecution.
The problem is that defense attorneys can argue that witnesses are not credible if the US Government gives
victim-witnesses immigration benefits in exchange for their cooperation and testimony.
No prosecutor can give any assurance to a trafficking victim that they will receive a visa or immigration
benefits for their cooperation. Victims must understand that if they do not have legal status in the US, theyrisk being removed. Prosecutors must rely on an approach with the victim-witness that is frank but as
comforting as possible. Prosecuting attorneys, however, must be careful not to make promises to the victim
they cannot keep (such as promising a visa, family unification, or immigration benefits).
In addition to the challenge represented by federal assistance to victim-witnesses, prosecutors mustalso consider the jury appeal of the case. The jury might see the victim-witness as a criminal because, forexample, they willingly came to the country illegally or may have initially agreed to engage in commercial
sex acts, in spite of their subsequent exploitation. Additionally, if a victim-witness receives assistance while

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cooperating in a criminal investigation, the jury may believe that the victim’s testimony is tainted by bias infavor of the government. Potential jurors need to be carefully screened to exclude those with anti-immigrantsentiments, or those who may be critical of anyone who engages in commercial sex acts. The prosecutors
must also make the jury recognize the suffering of the victim.

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AUTHORITIES & SUPPLEMENTAL RESOURCES
1.

United Nations Office of Drugs and Crime, Anti-Human Trafficking Manual for Criminal Justice
Practitioners (2008), located at http://www.unodc.org/unodc/en/human-trafficking/publications.
html#Training_Materials
NOTE: Module 8 of the UNODC Training Manual provides a comprehensive list of interview
questions for trafficking victims, which fall into three categories: (1) General points; (2) Sexual,
physical and psychological abuse; and (3) Trafficking markets and the five commercial processes.

2.

United States Department of State, Office to Monitor and Combat Trafficking in Persons, http://www.
state.gov/j/tip/3.

United States Office of Immigration and Customs Enforcement, Human Trafficking, located at http://
www.ice.gov/human-trafficking/4.

Polaris Project, http://www.polarisproject.org
NOTE: The Polaris Project is a non-profit organization that is committed to combating humantrafficking and modern-day slavery, and to strengthening the anti-trafficking movement through acomprehensive approach.

5.

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Minnesota Center Against Violence and Abuse, located at http://www.mincava.umn.edu/