Friday, November 27, 2015

Statement Analysis: Sexual Assault Case



She said:  My co worker sexually assaulted me. 

He said:  I did not touch her.  

There are no witnesses and no forensic evidence.  Statement Analysis gets to the truth.  

In the language of female victims of childhood sexual abuse, we have indicators that if not understood on their own, can appear deceptive at worst, unreliable at best. There is a common appearance of "passivity" in language which is as a direct result of childhood sexual abuse, intrusive thoughts, perseveration, and re-victimization.  

The language of adult victims of childhood sexual abuse is something that we devote an entire chapter upon in Statement Analysis training. The language is unique and the passivity must be analyzed in context. 

Sex crimes investigators, even with years of experience can miss certain signals.  At times a woman can make an allegation of sexual assault where even the experienced and well trained investigator is faced with a very difficult situation far beyond:

Is this allegation true?  
Is this a false allegation?
Is it true, but it happened years ago?

Did it proceed from memory? 
Did it proceed from experiential memory?  

Or, memory from what someone said, memory of a movie, memory of...

something that happened in childhood?

Did the allegation really happen as stated or is it something from long ago?

More importantly:  Did the allegation happen when the victim claimed by the perpetrator the victim claimed or...

is this a statement from experiential memory that is a statement of perseveration?

In other words, it is true and it came from experiential memory, but did it happened 15 years ago, not last night, and the subject is 'confused'?

Because...it happens. Perseveration is something we must consider and it is common among adults with developmental disabilities, and although uncommon in the general population, it does show up in the language of adults who were victimized in childhood.  

A recent statement produced such a challenge.  

It alleged sexual abuse by a young woman.

A young woman alleged that an older man sexually assaulted her at the work place.  It was a real "she said; he said" with no witnesses and no forensics.

She said it happened and was an assault, not consensual. 
He said it did not happen at all; no consent, no flirtation and no touching.  

Statements were obtained for analysis.  

Experts weighed in, either directly involved in the case, or assisting or commenting:  

1.  A sex crimes supervisor saw the statements and said, "Issue an arrest warrant; he did it. She is truthful, he is not, and it was not consensual."  

This man had not only years of experience specifically in investigating sex crimes but was in a position of authority, having been promoted in his sex crimes unit.  

2.   The statement analysts in training said, "It did happen, but the contact was  consensual."  

This looked correct until the analysts were challenged with this:  

the alleged victim gave linguistic indication of childhood sexual abuse, prompting the investigator to learn:  Is there any record of the female subject making claims in childhood?  The analysts were then told: 

You must discern between possible perseveration and post trauma language, and if it happened when the subject claimed it did.  

This was new to all of them.  There were linguistic indications within the statement that suggested that the victim was likely abused sexually in childhood and may be experiencing trauma or its after-affects.  


3.  The lead investigator was thus even more confused when he learned that, yes, she was abused in childhood and the following:   

"It is the same allegation made many years ago by the subject when she was a child."

Now the analysts in training must pause, review their work, and look deeply to learn if it happened now, or many years ago.    

Here is why:  There is no "consent in childhood", legally or linguistically, but children's statements, written or verbal, are often passive voice and disassociation will produce some very 'spacey' like or strange sounding statements. 

Still, there is something else to consider:  

If a woman was sexually abused in childhood and the sexual abuse predates speech, she possess no linguistic skill to communicate this.   

So, what is the answer?  Can we know for sure?

Did it happen, here and now, or did she perseverate on a past event, which also happens?

Or, did it not happen, as the alleged perpetrator asserts in his interview?


4.  The investigator who interviewed the alleged perpetrator felt strongly that  he didn't do it and  said, "he is going to take a polygraph."  He claims not that it was consensual, but it did not take place.  He repeated:  there was no contact whatsoever. 

This seems to fit with the fact that the statement is truthful, but truthful about what happened many years ago, and the alleged perpetrator is also truthful that he did not touch her. The language suggests experiential memory (truth) but was this experienced now, or many years ago?

There was a problem in all of this, however:

The statements were analyzed thoroughly and showed the following:   

a.  The subject indicated in her language a history of childhood sexual abuse.  This was indicated and caused the investigator to check files where it was discovered that a very similar claim was made many years ago. Verification of the analysis was made.  

b.  The subject's language showed veracity in the claim of sexual contact, but not as an assault.  She did not resist nor express, verbally, for him to stop.  

c.  The subject's language in the interview was also truthful in that "I did not want him to do this to me" and felt as if she was being accused of lying. She was not.  She did not "want" it to happen.  

d.  Perseveration:  The subject passively allowed the perpetrator, many years  (40) older than herself , to sexually molest her without protest.  She was truthful in that she did not want him to do this, but felt powerless to make this claim, due to her childhood history. 

e.  The accused denied it entirely  and his statement not only showed deception, but "allowed" for someone to think contrary to his claim in a tiny detail.  This is not something the innocent do.  

A follow up interview advised, specifically with his own language as the point of sensitivity to obtain admission.  The analysis suggested:  he will admit, but he will not confess.  That is to say:  he will eventually admit sexual contact, but he sees nothing wrong with it because he is an exploiter of a very specific kind of woman.  

Analysis suggested that he likely had a lengthy history of doing this and had a 'knack' for preying upon women molested in childhood who inevitably put themselves in dangerous situations due to self loathing.  I have interviewed many men like this, and they prey upon teen girls, especially, staring them down uncomfortably, and 'read' their reactions.  It is difficult to listen to.  They isolate the one who lacks the personal boundary and protective capacity to assert oneself.  They prey like a shark who smells blood, upon the teen or young adult victim of childhood sexual abuse.  

In this specific case:  The polygraph and subsequent interview, showed the analysis to be accurate:

He had done this many times before, and had molested her.  She did not stop him, due to the 'freeze' that adult victims of childhood sexual abuse sometimes do.  He admitted the sexual contact. 

The investigator, armed with the truth of the Statement Analysis conclusion obtained an admission from the perpetrator, and besides much tears from the victim, encouraged her with the hope of professional intervention.  

If you are interested in formal training or hosting a seminar, please contact Hyatt Analysis Services


36 comments:

John mcgowan said...
This comment has been removed by the author.
Anonymous said...

Can you post a transcript John?

Vicki said...
This comment has been removed by the author.
Anonymous said...

OT

chicago.cbslocal.com/2015/11/27/man-arrested-in-execution-style-killing-of-9-year-old-tyshawn-lee/

Anonymous said...

People who were sexually abused in childhood are more apt to be victims of same thing later in life.

Anonymous said...

SA is very difficult to follow when it comes to statements made by adult victims of childhood abuse? I can understand why Peter says it takes years of training to understand.
Has childhood abuse been discovered in adults who had no recollection of abuse? How would you know, for instance, if you were abused as a 3 year old? Is there a test of sorts, like a written test, that would flag someone as having been a victim of abuse?

Thanks,

-Mary

Anonymous said...

flash-backs. PTSD. VIVID flashbacks from very young (under 3) rape. It doesn't go away!

Anonymous said...

Annonymous@9:51 pm. When did the flashbacks start?

Thanks,

-Mary

Anonymous said...

Mary, I've been trying to delete that comment, but not allowed. The flashbacks have been only recently and I'm 52. Thanks for your interest in a boring topic. I am fine. Wish I could delete that comment.

Anonymous said...

Would you care to share a written transcript, John?

Anonymous said...

Annonymous@10:17 Im really sorry. I understand you don't want to discuss this any further, and I wish I hadn't pushed the question. Ugh. I don't want you to feel bad about your post. Please accept my apology and appreciation. <3

-Mary

Anonymous said...

On a much lighter note... I've been spelling "anonymous" incorrectly for I don't know how long. You know what's even funnier? I checked google to make sure y'all were not spelling it wrong. Hahaha!

-Mary

elf said...

Thank you for writing about this, Peter.

Apple said...

SA is very complicated. It seems like it would take years of intensive training to be able to use it appropriately. It's fascinating.

Anonymous said...

Upon entering the prison system for life, I would personally like to see in my lifetime, a court ordered frontal lobe lobotomy of every child abuser on their first offense of raping a minor under the age of fourteen. I'm serious. There is no deterring them and there is no cure for them, not even castration will stop them. That oughta fix 'em once and for all.

Have you ever seen a toddler at the age of 28 months, still in diapers, who had been viciously beaten, tied up with her little arms behind her and violently raped; and heard her hysterical screams and saw her pain for two days and nights while trying to treat her injuries, holding and crying with her, so painful she could not even stand water or clothes, not even a diaper touching her little body?

Have you ever tried to calm her fears and nightmares and console her for bed wetting for the next ten years and encourage her that she will be okay, soothe and help her hold onto her sanity, and now as a teenager see the devastating emotional affects this has had on her for the rest of her life? Now you know, there is no cure for her pain that can ever be permanent, that she will never lead a normal life.

I hope you never do, but if you ever do, you will understand how you could want anyone who would do such a thing to a child to be forced to become an incontinent babbling idiot for the rest of their sorry life.

BTW, you're right Apple; there are many aspects to statement analysis, it is very complicated and not easily learned. Yes, very fascinating but not quickly learned well enough to practice with any certainty. I have been dangling on the edge now for at least six to seven years and still feel that I have learned so little. ABB

Anonymous said...

if someone says, 'i was abused but i dont consider it as abuse' -- what does that mean?

Anonymous said...

A typical example of why others so quickly accuse the victim of mental illness. Few put up cameras inside the home for hackers to view them. This family did. The results rendered no protection but proof to others what goes on during REM:

http://rapidnewsnetwork.com/video-shows-queens-home-invasion-suspect-creeping-around-bedroom-while-victim/317762/

momofmany said...

Apple, exactly what I was thinking as I was reading. There are so many factors that have to be considered.

Anonymous 3:00 am, your post breaks my heart. There is such evil in the world. Your lobotomy solution doesn't seem like a bad idea at all.

tania cadogan said...

If you create a google account ( free and easy to do) it lets you delete your comments if you wish to.
Beside your comment, as well as a nice avatar you will see a trash can icon, cick on that and it will ask if you wish to delete your comment, click yes and tada it gets deleted.

Peter Hyatt said...

Anonymous said...
if someone says, 'i was abused but i dont consider it as abuse' -- what does that mean?
November 28, 2015 at 8:01 AM


It means that one may have entered into the language of another. I have heard this many times:

1. Children

Abused kids say it. They were told by a professional or adult that it was abusive but due to a variety of factors, they do not consider it so.

2. Abused women

This is also very common. An advocate labels something as abusive, but the victim, herself, does not agree, but in stating it, she has entered into the language of another.

Peter

Anonymous said...

That's okay tania. I've noticed my comments disappear whenever I click on a link provided as if I don't know psycho terms. Within seconds, an agenda appears to warm up to the blog owner.

Whenever the browser acts up, it's an assumption that the thought/mind stalkers are making note and trying to predict opinions-which they believe they can change thru their tactics.

Therefore, google acct. isn't needed.

Peter Hyatt said...

Anonymous Anonymous said...
SA is very difficult to follow when it comes to statements made by adult victims of childhood abuse? I can understand why Peter says it takes years of training to understand.
Has childhood abuse been discovered in adults who had no recollection of abuse? How would you know, for instance, if you were abused as a 3 year old? Is there a test of sorts, like a written test, that would flag someone as having been a victim of abuse?

Thanks,

-Mary

November 27, 2015 at 9:47 PM Delete


search the blog. There are many articles about this and another to come. I also address ways in which the adult victim can mitigate the suffering.

There are two distinct times in which the adult victim is hardest hit:

1. Adolescence ---the child now is becoming an adult and the surge of hormones to the brain that experienced the damage can be the 'perfect storm'

2. Menopause or close to it.

The receding of hormones, especially HGH, will lessen the resistance or "fight' against the trauma. Depression and anxiety now appear stronger: they are not really stronger, it is just that there is less fight against them and they appear to prevail.

This is why women approaching 40 begin to 'crack up' for "no reason"; there is a reason. Some are able to address it then, but those who do not, but wait until menopause, get hit even harder.

Peter

Anonymous said...

This is also the reason women need video surveillance as they can be targeted by psycho-thrillers hoping to gain something. For this reason men see no reason to lock the door, contribute to safety, nor do police provide any services afforded to others.

It's a cruel world and their time and monies should be spent guarding their sons' anuses.

Anonymous said...

There are those that use knowledge of where the most trauma occurred and try to give mental health diseases to those within the area to gain funds. They go to the extremest of lengths to prove they are right-often stalking friends, family, and neighbors to prove their assertion.

Easily done by seeing where the deaths occurred and wanting a blow by blow for their stories, research, and conversion of Mexican food joints into medical enterprises.

Anonymous said...

Here's a little story that I don't really consider sex abuse, however, the woman claims she was sexually abused as a child. I think she has blown it way out of proportion.

Two childhood cousins were outdoors playing in the garden a little distance from home. The little boy was seven years old, the little girl five years old. He asked to 'look' at her privates, she pulled down her panties and let him look, he pulled down his pants and she looked. He touched her, then she pulled up her panties and ran away scared. They were observed by an aunt standing nearby, who went to the two mothers and told the story what she had seen them doing.

They are in their sixties now. To this day the little girl years later thinks this was sex abuse and claims that she was abused by her cousin. I'm saying this is not what I consider sex abuse since nothing happened, just two children exploring. Any opinions?

Anonymous said...

I'm gonna go ahead and assume this truly is annonymous. Mary, I spell it that way too! Hee hee!

Blog here says, in part: "A follow up interview advised, specifically with his own language as the point of sensitivity to obtain admission. The analysis suggested: he will admit, but he will not confess. That is to say: he will eventually admit sexual contact, but he sees nothing wrong with it because he is an exploiter of a very specific kind of woman."

I'm one of those women! And they DO sniff you out like a shark smelling blood - so true!!!!

"Analysis suggested that he likely had a lengthy history of doing this and had a 'knack' for preying upon women molested in childhood who inevitably put themselves in dangerous situations due to self loathing. I have interviewed many men like this, and they prey upon teen girls, especially, staring them down uncomfortably, and 'read' their reactions. It is difficult to listen to. They isolate the one who lacks the personal boundary and protective capacity to assert oneself. They prey like a shark who smells blood, upon the teen or young adult victim of childhood sexual abuse."

It's nice to hear someone's KNOWLEDGE of this. I never knew this was a thing!!!!!!!! THIS is my experience!!!!!

"In this specific case: The polygraph and subsequent interview, showed the analysis to be accurate:
He had done this many times before, and had molested her. She did not stop him, due to the 'freeze' that adult victims of childhood sexual abuse sometimes do. He admitted the sexual contact."

YEH!!! I FREEZE!!! A history of having non-consensual sex, and thinking it was normal, and I was baffled recently, when a temp older male "manager" in our office cornered me (after I had politely emailed him asking him to stop), and I FROZE. It was AWFUL. How come I didn't just look at him and say "Get the F&^* out of my office!!"???? And he finally went away, b/c I said "I don't feel like should have to be having this conversation." and then I just sat and stared at my computer and said nothing, while he was asking me "WHO spoke to you about me? WHY did you stop being friendly towards me??"

Then i went to the restrroom and texted a friend how upset I was, really really upset, shaking. Ridiculous onverreaction to some guy bugging me.

"The investigator, armed with the truth of the Statement Analysis conclusion obtained an admission from the perpetrator, and besides much tears from the victim, encouraged her with the hope of professional intervention."

When I was early adolescent, I was in the shower one day and had the realization "I could destroy myself" Those were the actual words. So when I read today elsewhere in this blog that is the reaction of female victims of early childhood abuse, I took note.

I've been self-destructive my whole adult life. It's always been a mystery to me, but I am self-destructive.

I'm early 50's now, and just started menopause, and suddenly I'm having vivid flashbacks of RAPE (?!?). I have no idea what happened!!!

Anonymous said...

I'm an ethical vegan (several years). I am kind and considerate of others. I offer respect and unconditional love/forgiveness to anyone I encounter, stranger or friend. I take pride in being a good moral honest person. I love children and animals, and would never EVER hurt them, because they are our babies. However, I have continued hurting myself with substance abuse.

Anonymous said...

For the posters who are questioning what is they
are going through, and or have been living within.

This blogger, she to write of her own experiences.
This an avenue for you yourself to pursue within your own
pace and time.

Muscles have Memory, this is truth.
The Human body itself has memory.

Emotional reactions can procure themselves and be mentally debilitating out of no where, by a simple touch ( muscle memory of trauma).

https://faithallen.wordpress.com/2008/05/27/what-is-a-body-memory/

Anonymous said...

Thank you

Anonymous said...

Thank you so much to everyone who posted and shared.

-Mary

Anonymous said...

Anon @ 6:50 pm, I am so sorry for all you have been through and are still going through. This is very sad, so much pain in your life. God bless you, hold onto you, and take care of you. I wish you peaceful and better days ahead. ABB

Anonymous said...

Thank you, ABB! I appreciate it!

Feather said...

You are heard, You have a voice. Say out loud what you wrote below.
You are your own witness. You are correct, you are not living, alive, you are surviving existing within the conditioning that was dealt to you, when you were of no voice, when you were of no understanding of what was done to you. You were not protected.

This my darling is not you, it's not your fault, you did not deserve this. The voice that tells you " you are not enough" was real said to you, and they meant it. Whom ever this was, a vile person, who claimed you, theirs to destroy: you an innocent
Vile people choose the most precious, as they are the light, without them, there is no path to righteousness.

This is the voice that has led to you, where you are right now.

Today you cease the concessions, You do not accept this lie. This lie that molded you from the size of pea to become a boulder, by them, their said, you have gathered scar tissue. You've become marbled. This word associated with meat yes. This not the marbled I speak of. The marbled I speak of, is you are of a canvas, you've painted, you are of many layers, a masterpiece, you are not in error of you. Your own self portrait is the voice inside of you.

The lyrics of this song, some may find she sings her tune for an outsider, for one who was there, to return, for her rescue.

I find it's her that returned to " who she was born" not who she was meant to be by circumstance out of her control. The she who does live alive, within her heart, her mind, she exists.

Anon, You do live alive, it's the lie of another/others that keeps the trap existing: within this addictive cycle of ' escape' you have found to rely on as your common felt friend* Addiction is conditioning. It is a cycle that can be broken.

Anon you are your own greatest gift, you are one of none, you were born onto this earth as a unique creation, and you will not ever be duplicated.

What a gift you are, you to nurture, and feed well, your soul who offers compassion, empathy unconditionally. This power within you, is you. You respect life, innocents you understand their power, as you wrote it.

People tell us who they are from the inside out even anonymously, it's time, and you know this, it's time for you: Trust yourself, let go of the lies said by another. Cease being dragged..where you no longer want to exist, the exchange, a now path

"You blossom, to Live out side, lively Standing, not alone" https://youtu.be/FvbErM6ZTBA

* if you are male-same applies, Human, being, as you know
not all are alike ^ Many have not ever experienced the love you offer without motive.


I'm an ethical vegan (several years). I am kind and considerate of others. I offer respect and unconditional love/forgiveness to anyone I encounter, stranger or friend. I take pride in being a good moral honest person. I love children and animals, and would never EVER hurt them, because they are our babies. However, I have continued hurting myself with substance abuse.

Anonymous said...

Feather, thank you so much!! Thank you!! I cannot even tell you how much your message is helping me!!!!!! It's like a love letter from someone who not only has been there (understands), but who also knows me personally!!! I've gotta go wipe the tears off my keyboard... Oh my gosh, thank you so much!!

Anonymous said...

...and you're right, I'm not "living alive", rather, I'm "surviving existing." Wow, it's astounding to hear someone else describe my experience.

ima.grandma said...

Feather, thank you. Your words are kind and comforting.