학대 피해 장애인에 대한 수사 전 면담기법에 관한 연구

• 영문명: A Study on Pre-Investigation Interviewing Techniques for Abuse Victims with Disabilities
• 발행기관: 한국피해자학회
• 저자명: 류경희(Ryu, Kyung Hee) 공정식(Gong, Jung Sik)
• 간행물 정보: 『피해자학연구』제25권 제2호, 167~213쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.08.30

영문 초록

Over the past few years, forensic interviewing to obtain information from victims with disabilities has been discussed mainly by investigative agencies focusing on victims of sexual violence. However, disability can be a more vulnerable factor in cases such as violation of human rights, abuse, and neglect as well as sexual violence. Furthermore, victims of crime who have a disability can be less able to contact law enforcement and, without disability accommodations, help in the investigation of their victimization. All these cases against persons with disabilities are not proceeded as criminal cases. In this regard, the role of organizations for the disabled dealing with human rights and interests of persons with disabilities is very important. Because these agencies check the facts of discrimination, exploitation and violence, and abuse against persons with disabilities, ask for necessary administrative disposition, and advocate the rights of persons with disabilities. In order to fulfill this role, disability organizations providing help support and assistance for persons with disabilities should interview persons with disabilities. There are the psychological vulnerabilities of people with disabilities attempting to give reliable accounts of events when interviewed by the advocates for the disabled and when testifying in court. Due to improper interviewing, cases involving victims with disabilities have rarely been moved forward for prosecution. In other words, when an interview has not occurred or has not followed the steps of a professional interview, it may make it difficult later on to defend the interview process or content. This study aimed to increase the capacity of advocates for abuse victims who have a disability to interview to people with disabilities in a sensitive and effective manner, recognizing the unique needs of certain individuals. The main aim of the study is offering guidance and tips on approach-ing and interacting with victims who have a disability to find out if he or she has been maltreated and if they have special needs. Advocates for abuse victims who have a disability should learn proper interviewing techniques. They need to obtain an objective comprehensive history before the abuse victims or witness who have a disability is interviewed, carefully prepare for the interview. They should build rapport with interviewee by orienting the individual and conduct a non-leading, non-suggestive, and non-contaminating interview which will produce reliable and complete information from the victims. It is suggested to first ask victims with disabilities to provide a narrative account of the event in question, since this aspect of the interview tends to contain the most reliable information. The interviewer should use the questioning techniques, taking into the account the type and the degree of disability. When closing the interview, the interviewer should thank the victims with disabilities for participating, regardless of the outcome of the interview. The interviewer also should encourage the victims with disabilities to contact him or her later when the victims thinks of new information. Advocates for abuse victims who have a disability have more contact with victims than any other criminal justice professional. This makes their role critical and puts them in a unique position to assist victims immediately after the abuse and encourage and facilitate victim participation in the criminal justice system.

목차

Ⅰ. 서 론

Ⅱ. 이론적 배경

Ⅲ. 진술면담의 가이드라인

Ⅳ. 논의 및 결론

키워드

학대 피해 장애인 진술면담 면담기법 기억과 피암시성 장애 유형과 특성 Abuse Victims with Disabilities Forensic Interview Interviewing Techniques Memory and Suggestibility Characteristics and Types of Disabilities