Prepare

Be patient
Establishing trust with the victim may be difficult during initial interviews. Victims may not initially divulge key details due to fear.

In the human trafficking context, it is common to engage in multiple interviews as trust develops. It is also common that there may be initial inconsistencies as a result of distrust or the victim’s lack of understanding about the legal process.

Interview setting
Victims should be interviewed in a setting in which they are physically and emotionally comfortable. Interviewers should offer water, avoid noisy areas or areas with heavy foot traffic, and ensure that only essential people are present in the interview.

Confidentiality limitations
You will not be able to keep details disclosed by the victim confidential. Explain this at the beginning so the victim will understand your role and not feel betrayed if you have to share information with prosecutors or other government officials.

Referrals
Make referrals to appropriate legal, social, and mental health services as soon as possible to establish trust and to ensure the victim receives needed support. See Tip 5 for more information.

Communication

If the victim has limited English proficiency, trust will be nearly impossible to establish without a skilled interpreter. See Tip 4 below to learn about when to use an interpreter.

Undocumented victims are particularly at risk in human trafficking cases and may fear engaging with law enforcement.

Immigration threats are often used as a means of power and control over the victim. If the victim is undocumented or if you are unsure of the victim’s immigration status, make a referral immediately to an experienced immigration attorney. Click here for a list of immigration legal service providers. (this sentence is hyperlinked to the Victim Services / Immigration / General Immigration Legal Services section of the RESULT app.)

Ask about the victim’s immediate safety and take appropriate steps to ensure safety both before and after interviewing.

Involve a victim advocate in the process as soon as possible. Click here for a list of questions to consider when thinking about safety planning. (this sentence is hyperlinked to the Victim Services / Safety section of the RESULT app).

Remember
Victims may be fearful of reprisals to themselves and their family members.

The victim may need to work to continue to repay debt and/or to support family members here or abroad.

Some undocumented victims may be eligible for work authorization. Click here to learn more about immigration relief. (this sentence is hyperlinked to the Victim Services / Immigration / General Immigration Legal Services section of the RESULT app.)

Make referrals to organizations that can assist with safety planning. Click here to learn about available victim services. (this sentence is hyperlinked to the Victim Services / Emergency section of the RESULT app).

It is important to use skilled, culturally competent interpreters to assist in interviews with victims who have limited English proficiency.

Always ask the victim about any languages he or she speaks and in what language he or she prefers to communicate.

In-person interpretation is preferable.

Before the interview, screen your interpreter to make sure he or she is not involved in the case and does not have connections to the suspect. Often, ethnic communities can be small, and it is essential that the interpreter has no relationship with the suspect and understands the importance of confidentiality.

Understand that there may be stigma and subtle cultural considerations that can affect the victim’s disclosures to interpreters. For example, a victim may not feel comfortable disclosing a sexual assault in front of someone from his or her same ethnicity, fearing stigma or blame.

Consult with your office about what interpretation resources may be available to you.
You may consider contracting with a court certified interpreter from the Office of Court Interpreter Services (OCIS) or a vendor from a MA Operational Services Division contract for interpretation services.

Referrals to victim services

The first priority is ensuring that the victim’s basic needs are met. This includes access to safe housing, mental health services, medical services, and food. Click here to learn more about available victim services. (this sentence is hyperlinked to the Victim Services / Emergency section of the RESULT app).

It is important to refer the victim to an attorney as soon as possible to ensure that he or she can learn about his or her rights. A victim of labor trafficking may be eligible for certain protections under law, such as victim compensation, criminal restitution, immigration relief, and civil remedies. Click here to learn more about available legal services and how to make referral. (this sentence is hyperlinked to the Victim Services / Legal section of the RESULT app).

Trauma-informed interviewing
Approach the victim in a trauma-informed manner. It is important to understand how trauma can affect a victim’s disclosure and how to respond when the signs of trauma present themselves in an interview.

Often, victims may suffer from post-traumatic stress disorder, depression, and/or other mental health conditions. For this reason, they may have difficulty telling you about key parts of their story. Trauma can make victims reluctant to disclose and may affect their memory of an event, causing them to disclose their stories in a non-linear or inconsistent manner. Facts may emerge over time, and it may be important to engage in multiple interviews or ask for the assistance of a forensic interviewer, when appropriate.

Explore whether the victim has mental health supports in place at the outset and if not, make appropriate referrals to ensure the victim has support throughout the process. Click here for a list of victim services. (this sentence is hyperlinked to the Victim Services / Emergency section of the RESULT app).

Child victims
If a child (any victim under 18) is involved, mandated reporters must file a 51A report with the Massachusetts Department of Children and Families (DCF), which will report the situation to the local District Attorney’s Office. By law, DCF will work to establish a multidisciplinary team to provide comprehensive, tailored services to the child victim, and coordinate an interview.

Please consult with your local Children’s Advocacy Center to coordinate, and the multidisciplinary team will work with you to consider if an interview of the child is appropriate and if so, how best to approach the interview.

Culture
Culture can play an important role in how a victim engages in the interview process. If the victim is from a distinct ethnic or social group, educate yourself about the culture.

Cultural norms may shape what or how the victim will disclose critical information. Consider connecting with social service providers in your area with expertise serving this population.