Integrating the NICHD Forensic Investigative Interview Protocol in the Biopsychosocial-spiritual Model of Care for Victims of CSA and CSE

Antero Rosauro V Arias, Jr

doi:10.13189/ujp.2016.040601

Abstract

Sexual assault on children, whether in the form of abuse, neglect or exploitation, exists globally and is therefore a global concern. Psychological rehabilitation centers that make use of the biopsychosocial-spiritual model do not necessarily incorporate the child victims' need for justice. And although a number of these institutions allow and even support the filing of criminal cases against the perpetrators, they have not incorporated definitive protocols that will ensure the success of the cases and prevent, as well, the inflation and deflation of the accounts of the child victims, including their possible retraumatization. This concept paper proposed the integration of the NICHD Forensic Investigative Interview Protocol that would prepare psychologists and other stakeholders in the various facilities, including those in the administration of justice, to ask the right questions without leading these victims to inflate or deflate their accounts. It would similarly ensure that these stakeholders do the proper documentation of the accounts made by these child victims to serve the purpose of corroborating their court testimonies. The required video recording in the protocol would also bolster the cases of abuse and exploitation and would prevent possible retraumatization. Philippine laws, meanwhile, have underscored the competency doctrine of the child victims as the stare decisis in these cases, as these laws have likewise guaranteed the constitutional right of these perpetrators. The use of this protocol balances the equation by guaranteeing the protection of these child victims and by similarly shielding the innocently accused perpetrators from criminal liability.

Highlights

Gap exists in the literature and in the actual treatment, rehabilitative and legal practices for the required standard of care for the children victims of sexual abuse and exploitation in the country
Those that have done so, in the meantime, have not considered integrating definitive forensic investigative interview protocols that will ensure the success of the cases that have been filed against these child abusers and that will prevent, as well, the inflation and deflation of the accounts of the child victims, including their possible retraumatization
Under Philippine laws and jurisprudence, the doctrine of competency of child witnesses, including the competency of the children victims of sexual abuse and exploitation, to testify in the open court, is quite commendable, as this sits well to approximate the dynamics of power between the child victim of sexual abuse and exploitation and the perpetrator

Summary

Introduction

Gap exists in the literature and in the actual treatment, rehabilitative and legal practices for the required standard of care for the children victims of sexual abuse and exploitation in the country. Rehabilitation centers, forensic court settings, and other similar institutions in the Philippines have clearly followed the biopsychosocial-spiritual model of care, a number of them have yet to incorporate the child victims’ need for justice and vindication. Those that have done so, in the meantime, have not considered integrating definitive forensic investigative interview protocols that will ensure the success of the cases that have been filed against these child abusers and that will prevent, as well, the inflation and deflation of the accounts of the child victims, including their possible retraumatization. They expected jailing and/or other legal consequences for them

The NICHD Forensic Investigative Interview Protocol

Competency Doctrine as Stare Decisis in Philippine Jurisdiction

Conclusions