Pretext Phone Call In Sexual Assault Investigations The pretext phone call is an investigative tool that can be especially

effective in sexual assault investigations. It is simply a recorded telephone call between the victim/survivor (or another person) and the suspect. The call is usually under the supervision of a law enforcement officer (preferably the lead investigator). The suspect is unaware that the call is being recorded. Before Deciding To Proceed On Pretext Phone Calls: 1. Victim/survivor safety and readiness 2. Obtain the victim/survivors written consent. 3. Judicial authorization must be obtained before recording a call.i How The Police Determine Whether the Pretext Phone Call is Useful The investigator will interview the victim in detail before making a pretext call. The information gained from the interview helps the investigator in formulating questions for the victim to ask the suspect. The information is then used by the investigator to analyze the statements made by the suspect during the recorded call. The investigator might have an undercover police officer (or a friend of the victim) pose as the victim for purposes of the pretext call. Obviously, if the suspect knows the victim well, the suspect may detect a difference in the voice and this undermines the pretext call. When Is The Pretext Call Usually Made? The time when the pretext phone call is made depends upon the circumstances of the case. A pretext call may not be initiated immediately; indeed, it can be initiated days, weeks, or even months after the incident. In some instances, a long delay is preferred by law enforcement because it may make the suspect to think that nothing will happen thus making him more willing to talk about the incident. Depending on the circumstances, sometimes the police attempt multiple pretext calls. Sometimes after lengthy investigations, investigators make the pretext call on a date that coincides with the anniversary date of the crime or on some other date on which the suspect might be thinking about the victim. For example, if the suspect knows the victim well, the victim might call the suspect on the victims birthday. In all cases the police attempt to make the pretext call before the suspect becomes aware of the investigation. But sometimes

even if the suspect knows of the investigation, they may still attempt a pretext as a tactic, especially in cases where the evidence is not yet strong enough to obtain a conviction. Formulate conversation scenarios This is important for the victim/survivor to ask the suspect. Don't only list questions - this can sound too much like interrogation. Make it conversational. Devise specific responses to deal with all of the possible types of suspect responses: admissions, denials, apologies, and evasiveness Conversation scenarios and possible questions should listed on paper so the victim/survivor can refer to them during the call. Careful Questions During the pretext call the alleged victim will avoid harsh, accusatory questions like, Why did you rape me! Because the answer is, I didnt rape you. The questions are carefully phrased: Why did you have sex with me after I pushed you away and told you to stop, or You knew I was out of it and didnt know what was going on, but you had sex with me anyway. Why This type of question is more likely to elicit an incriminating statement. The alleged victims are advised to avoid nebulous questions like, Why did you do it. A lack of denial by the suspect is argued at trial to be as incriminating as an admission. Conclusion Pretext calls have helped in a number of investigations that ultimately resulted in convictions. Some of these cases would not have been prosecuted were it not for the statements the suspect made to the victim during the pretext call. Pretext phone calls therefore represent one important tool for sexual assault investigators. However, they must be conducted with the utmost consideration of victim safety and well-being, and careful attention to detail as it is an important physical evidences
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References

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http://www.una.edu/police/docs/policy/0012.pdf http://www.mincava.umn.edu/documents/acquaintsa/participant/offender.html#id2373617