The Investigation process

In most cases, the Toronto Police Service and Children Aid Workers will work together to coordinate the investigation process. Each has a different role to take throughout. The Police officers are involved in cases where the victim is under the age of 16 years old and determine whether a criminal offence has taken place. They will arrest the alleged perpetrator and lay criminal charges where there is evidence to do so. The Children’s Aid Workers (CAS) work is to determine if an allegation is verified and the level of protection the child needs. For some investigations it may be necessary for a medical examination but this is dependant on the type of abuse and when the abuse took place.

From a CAS perspective the investigation is usually complete when the allegation is verified. To determine this they base their decisions on responsible, clinical evidence and facts. CAS operated on a much lesser level of proof than the police as their focus is on protecting the vulnerability of children. The verification usually takes place within a matter of days or weeks in comparison to the police investigation, which may be much longer, because they operate on a much higher level of evidence and / or proof (proof beyond reasonable doubt). CAS workers are bound to notify the alleged perpetrator, the victim and their family the outcome of the investigation within 14 days of the investigation being completed.

Throughout the investigation the police and CAS workers will exchange information between themselves when required that is related specifically to the investigation. For subsequent information to be passed on there must be written consent from the non offending parent, caregiver or legal guardian. Officers who deal with these cases are plain clothed officers who have received special training and are able to spend more time with the victim and their families and offer further support than uniform officers. If however there proves to be no grounds to continue the criminal investigation the police will remove themselves. The level of involvement of CAS, if any, will be determined on several grounds such as:

• Level of parental support for the victim
• Any potential relationship between the alleged perpetrator and the victim
• The alleged perpetrators chance of having contact with children
• Circumstances the abuse took place
• If the alleged perpetrator has a record for previous sexual convictions

The medical examiner is involved near the beginning of the investigation but there is no definite procedure to follow as each case is unique. If you believe that a medical exam is needed for your child you should contact your family doctor. Whilst many are not experts in this field they will be able to determine if further medical examinations are required and provide referrals for you and your child/youth.

In Toronto the Hospital For Sick Children have a staff of experts who deal specifically with child abuse cases – Suspected Child Abuse and Neglect Unit (SCAN) for children under the age of 18 years. A member of staff is on call 24 hours a day 7 days a week. To get an appointment at SCAN your doctor or CAS worker can make a referral or you can call yourself.

There are several different services offered at SCAN which include:
Medical Examination – this will include the first head to toe medical exam related to the abuse.
Brief Assessment – includes a medical exam of your child/youth, an interview with a SCAN social worker for the parent/caregiver and an interview for your child/youth by a SCAN art therapist.
Full Assessment – this lengthy exam is usually requested by a professional or by you as the parent/caregiver. Extensive written documentation is taken during this examination. The assessment can take weeks, even months to complete.

Where it is know or when there is a suspicion that penetration has taken place a ‘Sexual assault Evidence Kit may be carried out. At Sick kids this would be carried out by one of the SCAN nurses and takes between 4-6 hours to complete. All efforts are made to make sure that the child/youth feels safe however there may be times during the exam that it feels uncomfortable. If they are able to get evidence then this becomes the property of the police.

Whenever possible the child or youth should be seen by a medical examiner within 24 hours of the disclosure. When the victim is an adolescent girl and penetration has occurred it is so important that the medical exam is carried out within 72 hours – this is because the ‘morning after pill’ or antibiotics for the prevention of sexually transmitted diseases to be administered. The medical exam will also check the general well being of the child (physical and emotional) and provide any treatment if required.

The Interview

The Child and Family Service Act, The Ministry of Community and Social Services require that any child or youth that has been subjected to an alleged sexual assault must be interviewed by a CAS worker within 12 hours of the worker receiving the report. If for some reason this time frame will not be met then the CAS worker will inform the family and the give the reasoning behind it. There are several factors that are taken into account by the CAS worker regarding the immediate impact an interview will have on the victim and their family. This will include the potential risk and or injury to the child, the necessity for immediate medical attention or the need to calm the victim and or their family.
If you require an interpreter or other cultural sensitive professional then this would be done through your CAS worker.
Police and CAS will want to talk with anyone that the child has disclosed information to regarding the abuse allegations.

The interview will be conducted with both the police and CAS workers present in a neutral location, such as The Gatehouse®. It will be determined who will be the lead interviewer before the interview is carried out. Both the police and CAS workers have received special training in talking with children and youths who have suffered child abuse. Those who are not taking the lead will be making notes throughout the interview. The reasons behind them taking notes is a few, to either remind themselves they need to explore a comment or circumstance further or further clarification.
The child will be asked to give a full account of the incident(s). They may be asked if they would like a supportive person with them during the interview. As they will be discussing intimate details they may be more comfortable without another in the room. It is extremely important that should a support person be present they should remain silent and will be seated behind the child or youth to avoid the child seeing any reaction from them during the interview. This allows the child to be comfortable having the support person there without being influenced by them.

The interview will usually be recorded. The benefit of having the interview as soon as possible after the report is made minimizes the chances of details being forgotten or distorted over time. The only circumstances when the interview may not be recorded are when videotaping was part of the abuse or after the process and reasoning’s have been explained the victim still refuses. In cases where siblings are involved they may also be interviewed as will the non offending parent or caregiver to determine their ability to protect the child and provide them with support.

Please remember that any information about the investigation process and the alleged incident(s) of abuse that is being discussed between you and your child may be included in the criminal case. The defense may suggest that there has been some coaching from the parents or contamination of evidence which may weaken the case. For further advice or support surrounding what has been discussed between you and your child contact your CAS worker or officers.

No question you have is too small or insignificant – they are there to support you and your child through this difficult time.

Retraction

It is not uncommon for a child or youth to take back their original allegation especially when the laying of charges against the alleged perpetrator is taking place. There are a number of reasons why this may happen such as feeling responsible for the destruction of their family or that they were not believed by family members.
Whilst this may make you as a parent frustrated it is important to remain calm and supportive at all times.

Just because they recant does not mean the abuse did not take place.

Possible court outcomes

a) The authorities may determine that the child has not been sexually abuse. This does not mean that the victim lied or made it up. Your role as the parent or caregiver is to be there for the child or youth and remind them the courage they have shown going through the investigation process.
b) The authorities determine that the abuse has taken place however the perpetrator will not always be charged, convicted or imprisoned. This may be due to the lack of evidence and or because of the age of the child it is not possible to get a full disclosure.

It is important that if either of these two outcomes occur remind your child that it is not their responsibility to convict the alleged perpetrator but that is the role of the judge and jury. They should be acknowledged that they told the truth and the courage they have shown.

c) Conviction of perpetrator and custodial sentence.

There are support groups available for you and your family throughout this process and after the investigation has closed. Your CAS worker will be able to provide you with information as will the Child and Youth Service Coordinator at The Gatehouse®.

Cory's CourtHouse  is an interactive website that can answer many of the questions and concerns that you and your child may be experiencing before the court cases begins.

Take a few minutes to visit with Cory the different rooms, procedures, people and words you may hear and see during your days at court.

The Gatehouse role in the Investigation process

The Gatehouse® Child Abuse Investigation and Support Site, located in South Etobicoke, is a child friendly neutral site where children, youth and their families can come to talk with investigating officers and child welfare personnel during the investigation process.

The vision of one man, Arthur Lockhart, who wanted to create a safe place where all victims of child abuse have a voice. An old abandoned house was lovingly restored by community volunteers who donated their time, knowledge, skills and passion and within 6 months The Gatehouse® was ready to open its doors in June 1998. Since that date we have been there to support over 10, 000 children, youth, families, investigating officers and child welfare personnel and adults through their journey of healing. The teddy bear lined stairway and child friendly environment helps put children and their families, at ease as they come through the purple front door.

The Gatehouse® is proud to have solid community relationships with agencies that can assist you and your family during this period and help you navigate the system.

Your CAS worker or investigating officers will book the investigation room here and let you know the date and time. No uniformed officers or lawyers are allowed on the premises – this is strictly for the child and family.
The Child and Youth Service Coordinator will greet you and provide support and information to you and your child.
The family room/waiting area has lots of toys, DVD player and craft supplies for the child/youth while they wait. The officers, depending on the age of the child, may take the child up and show them around the interview room and the control room to put them at ease about the process. Waiting family members and the investigation team are offered tea, coffee, hot chocolate or water.
When the interview is completed, the child is offered cookies, and juice. The child is also offered a handmade child-size quilt and a teddy bear, which has been generously donated by community members and corporate donors to take away with them.
The family or guardian will be offered follow-up support provided by The Gatehouse® such as resources and referrals to community resources.

The Gatehouse® team is available for all family members to contact even after the investigation process to provide information and support with community resources and referrals.