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警方讯问会影响性侵案的走向。他们的做法往往是错的Police questioning can shape a sexual assault case. Their approach is often wrong

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2021年3月22日,一名行人走过位于纽约州伊萨卡市的伊萨卡警察局总部。

A person walks by the Ithaca Police Department headquarters on March 22, 2021, in Ithaca, N.Y.

约翰·芒森/AP 一名前康奈尔大学学生声称自己在2024年于校内遭到下药和轮奸,相关指控引发了对该校及调查人员的普遍谴责。此案也引发了人们对警方最初如何展开调查的质疑。

John Munson/AP The allegations from a former Cornell University student who says she was drugged and gang-raped at the school in 2024 has led to widespread condemnation for the school and investigators. The case is also raising questions about how police handled the initial investigation.

本月早些时候,这名身份保密、被称为“简·多伊”的女子提起民事诉讼,详细陈述了她指控的7名侵害她的男子。此后,检方重启了调查。

Earlier this month, the woman, known as Jane Doe, filed a civil lawsuit detailing allegations against seven men she said assaulted her. Prosecutors have subsequently reopened the investigation.

据汤普金斯县地方检察官马修·范·豪滕分享的诉状节选,诉讼中的细节与多伊在2024年涉嫌遇袭后向康奈尔大学警察作出的陈述存在差异。他说,多伊2024年的陈述是其办公室两年前没有提起刑事指控的关键原因。

Details in the lawsuit differed from a statement Doe provided to Cornell University Police following the alleged attack in 2024, according to excerpts shared by Tompkins County District Attorney Matthew Van Houten. The 2024 statement is central to why his office did not pursue criminal charges two years ago, he said.

范·豪滕说,多伊2024年的陈述“并未称自己是在违背意愿的情况下被下药或遭到轮奸”,而是“称自己参与吸毒和性行为是自愿、清醒且出于同意的”。不过,范·豪滕分享的多伊陈述中有几处提到,她不记得某些细节,没有同意某些行为,而且随着夜晚推移,她越来越醉酒。

Van Houten said that Doe's 2024 statement "did not allege that she was drugged against her will or gang raped" and "described her participation in drug use and sexual conduct as voluntary, conscious, and consensual." There are, however, several instances in Doe's statement shared by Van Houten where she says she could not remember certain details, did not consent to certain activities and was increasingly intoxicated as the night continued.

范·豪滕在接受NPR成员台WSKG采访时说,多伊的陈述是由“一名经验丰富的调查人员”在“很长一段时间内”录制的,该调查人员接受过性侵害案件调查培训。康奈尔大学警察在本文发布前没有回应有关询问时长、时间、地点及询问方式等其他细节的置评请求。

Van Houten told NPR member station WSKG in an interview that Doe's statement was taken by "an experienced investigator" trained in sexual abuse investigations "over an extended period of time." Cornell University Police did not respond to questions about details of the length, time and place of the interview or other details of the manner of questioning before publication.

许多警察缺乏应对性侵受害者的专业培训。性侵创伤研究人员和性侵受害者权益倡导者表示,多伊最初作出的这类陈述往往不能仅凭表面内容予以采信,还需要进一步调查。

Many police lack training on sexual assault victim response Trauma researchers and advocates for sexual assault victims say an initial statement like Doe's often cannot be taken at face value and more investigating needs to be done.

袭击幸存者的警方询问笔录中出现的疏漏和前后不一致,往往是受害者遭受创伤以及警员问询方式所造成的,并非说明她的陈述不可靠。戴夫·汤普森是一名经认证的司法访谈专家,也是一名为调查人员提供讯问技巧培训的顾问。他说:“任何与幸存者、受害者或犯罪证人接触的人,都应接受创伤知情方法的培训。”

Gaps and inconsistencies in an assault survivor's police statement are often a product of a victim's trauma and of how officers question them – not evidence that she's unreliable, according to Dave Thompson, a certified forensic interviewer and a consultant who trains investigators in interrogation techniques. "Anybody that interacts with survivors or victims or witnesses to crimes should be trained in a trauma-informed approach," he said.

这种方法要求调查人员在行动时预判遭受创伤的幸存者在袭击后可能出现的不同反应,包括行为和记忆方面的变化。它以幸存者为中心,旨在避免采用可能再次伤害幸存者的问询方式。

That's an approach that trains investigators to act in a way that anticipates how trauma survivors might respond differently after an assault, which can include impacts to their behavior and memory. This approach centers a survivor and works to prevent approaches to questioning that could re-harm them.

密歇根州立大学心理学教授丽贝卡·坎贝尔表示,在问询过程中,应始终理解受害者的叙述最初可能并不清晰、完整或符合时间顺序。

Rebecca Campbell, a psychology professor at Michigan State University, said this is all done while understanding that their accounts may not initially be clear, complete or chronological.

但坎贝尔说,美国大多数警察并未接受过这种方法的培训。近30年来,她一直研究创伤和性侵问题。

But most U.S. police are not trained in this approach, Campbell said. For nearly 30 years, she's studied trauma and sexual assault.

美国司法统计局开展的一项针对执法培训学院普查的研究,分析了警察在基础培训期间所学习的内容。核心基础培训项目的平均时长为833小时。

A study by the Bureau of Justice Statistics for the Census of Law Enforcement Training Academies analyzed subject areas offered to police recruits during basic training. The average length of the core basic training program was 833 hours.

报告显示,在受访且开设性侵培训的警察学院中,接近94%的学院安排受训人员平均接受7个小时的相关培训。在开设受害者反应课程、且占比接近88%的学院中,受训人员平均接受6个小时的相关培训。

In nearly 94% of surveyed police academies that offered training on sexual assault, trainees received on average seven hours of training on the issue, according to the report. They received six hours of training on victim response in the nearly 88% of academies that offered instruction on this issue.

坎贝尔解释称:“研究一再表明,在缺乏有意义的培训的情况下,出警警员和侦查人员往往会把受害者当作需要接受访谈和讯问的对象。”这会影响受害者向调查人员分享必要信息时的自在程度,并最终影响调查工作。

In lieu of meaningful training, Campbell explained, "What we see consistently in research is that responding officers and detectives will very often treat the victim as the subject to be interviewed and to be interrogated." That impacts how comfortable victims are with sharing necessary information to investigators and ultimately affects an investigation.

报道此事的消息人士只是泛泛谈到了性侵调查,并未参与康奈尔方面对此案的调查或警方讯问。创伤会对身体产生什么影响?

Sources for this story were speaking generally about sexual assault investigations and are not involved in the Cornell investigation or questioning by police. What is the impact of trauma to the body?

科学家和研究人员考察了遭受严重创伤、尤其是性侵的幸存者如何常常难以记住事件发生前、发生时以及发生后的情形。

Scientists and researchers have examined how survivors of serious trauma and especially sexual assault can frequently struggle to remember the events leading up to, during and after the event.

“我们的大脑并不像录像机,不能让我们倒回去、按播放键,然后从头到尾完整回放。我们可能记得某种声音、受到冲击时的感觉,或者一声尖叫。我们记住的只是一些零碎片段,”取得认证的司法访谈员汤普森说。

"Our memories don't work like a video recorder that we can just rewind, hit play and remember from start to finish. We might remember the sound. The feeling of an impact.

他说,调查人员了解这一点也很重要,不应把记忆断层视为虚构的细节,也不能仅仅因为叙述存在太多不一致之处就认定其有问题。

Maybe a scream. We remember bits and pieces," Thompson, the certified forensic interviewer, said. It's important that investigators know that too, rather than dismiss memory lapses as falsified details or concluding that the story has too many inconsistencies, he said.

他说:“重要的是,我们不能指望记忆会从头到尾连贯完整。我们还要为那个人提供一个安全的空间,让其回忆、回想并找出与其当时精神状态最相关或最容易浮现的细节。”特蕾西·马蒂森创立了“挚爱项目”基金会,计划在全国各地设立专门的警方讯问室,让受害者在报告创伤事件时所处的环境更加平静,也更有利于采用这种讯问方式。

It's important "that we're not expecting memory to go from start to finish," he said. "And we're allowing that person a safe space to remember and recall and retrieve details that may be most relevant or present in their state of mind." Tracy Matheson established a foundation Project Beloved, to create special police interrogation rooms across the country to make the environment for victims reporting a traumatic event more calming and conducive to this approach.

马蒂森22岁的女儿莫莉·简于2017年遭强奸并被杀害。2022年,凶手雷金纳德·金布罗因杀害她的女儿和另一名女子以及实施多起性侵,被判处数项无期徒刑。

Matheson's 22-year-old daughter, Molly Jane, was raped and murdered in 2017. Her killer, Reginald Kimbro, was sentenced to multiple life sentences for her daughter and another woman's killing and additional sexual assaults in 2022.

这起惨剧发生后,马蒂森主动钻研了创伤对大脑的影响。她了解到,在此类事件发生期间,大脑会切换至生存模式。

After this tragedy, Matheson educated herself on the impact of trauma to the brain. She learned that during those events the brain switches to survival mode.

“大脑会挑出一些看似微不足道的东西,但从长远来看,这些东西实际上能够印证受害者所描述的事件,”马蒂森说。

"It's picking out things that may seem insignificant, but in the long run actually corroborate whatever it is that the victim is reporting happened," Matheson said.

根深蒂固的问题正损害调查工作。密歇根州立大学的研究人员坎贝尔说,她无法评价康奈尔大学案件的处理方式。但她表示,在她的研究中,检察官和警察往往把遭受创伤的受害者陈述中的不一致之处,当成停止调查、以可信度存疑为由不予继续追查的理由。

Entrenched problem hurts investigations Michigan State University's Campbell said she can't speak to how the Cornell case was handled. But she said that in her research, prosecutors and police often treat inconsistencies from traumatized victims as a reason to stop investigating, citing credibility concerns, rather than as something to follow up on.

“事实上,在其他类型的犯罪中,我们并未看到他们有同样的做法。”她说。

"We actually don't see that same behavior in other types of crime," she said.

出现差异时,“这恰恰需要更多证据、更多后续核查以及更多次访谈,以弄清差异因何产生,或者是否真的存在差异。可在性侵案件中,他们不会这样做。”她说,这也是受害者所面临恶性循环的一部分。受害者本就因担心得不到相信或帮助而难以举报性侵行为。

When there's a discrepancy, "That is something that merits more evidence, more follow up, more interviews to figure out why there is a discrepancy or is there really even a discrepancy? They don't do that in sexual assault cases." This is part of the problematic dynamic for victims, who struggle with reporting sexual assaults already because they fear they won't be believed or helped, she said.

“而且,他们还会遭到指责和怀疑。”坎贝尔说,“最终形成更多指责、更多退缩的恶性循环。”她表示,最后,警察往往耸耸肩说:“她没有告诉我这些信息。”

"And they're met with blame and skepticism," Campbell said. "And it becomes a vicious dynamic of more blame, more withdrawal." Eventually, police shrug their shoulders and say, "She didn't give me the information," she said.

据反性侵非营利组织RAINN提供的数据,2021年1月至2025年12月,执法机关平均记录了127,798起强奸报案。美国联邦调查局的犯罪数据显示,执法机关侦破了所报强奸案件的26%。(这可能意味着有人被捕,或者嫌疑人已经死亡,并不一定表示他们受到起诉或被定罪。)RAINN提供的另一项更为惨淡的数据来自对20年间已报性侵案件的审查:89%的案件被认定为“成立”,即调查人员认定犯罪行为很可能确实发生。但这些案件中只有8%最终被定罪。

Data shows that from January 2021 to December 2025, law enforcement documented an average of 127,798 reports of rape, according to RAINN a nonprofit anti-sexual assault organization. FBI crime data shows that law enforcement clears 26% of the reported rape cases. (That can mean someone was arrested or a suspect died and not necessarily that they were charged or convicted.) An even bleaker statistic shared by RAINN shows that from a 20-year review of reported sexual assault cases, 89% of cases were "founded," meaning that investigators determined the crime likely happened. But only 8% of those cases ended in a conviction.

坎贝尔说,她和其他学者开展的研究显示,在绝大多数案件中,警方根本没有努力寻找或讯问嫌疑人。

Campbell said research she and other scholars have done shows that in a vast majority of cases, police make no effort to find or interview suspects.

而当侵害案件发生在彼此认识的人之间时,可能会有短信资料、文字记录和社交媒体信息。再次有研究表明,80%的情况下,警方根本不会去获取这些信息。”她说。

"And in cases where it is an assault and that occurred between people who know each other for whom there could be text information and texts and social media. Again, research suggests about 80% of the time the police never go get that information," she said.

坎贝尔补充说,部分原因在于其中一些案件本身十分复杂。然而,她表示,在数十年的研究中,执法人员曾反复告诉她,用于协助侦破此类案件的资源和人员配置并未得到优先重视。

Part of that is due to the complexity of some of these cases, Campbell added. But during her decades of research, she said law enforcement personnel have told her repeatedly that resources and staffing are not prioritized to help solve these cases.

她说:“遗憾的是,康奈尔大学发生的案件凸显了这些长期存在且根深蒂固的惯常做法。我们曾试图通过不同的政策倡议和途径推动改变,让事情变得更公平、更公正,并充分顾及创伤感受。但这就像前进一步,后退两步。”

The Cornell case, unfortunately, highlights these longstanding and entrenched patterns, she said. "We have tried through different policy initiatives and avenues to create change and to make things fair and equitable and trauma informed," she said. "It's like one step forward, two steps back."