In California, many law enforcement agencies have specialized units that focus on investigating alleged child sexual offenses such as lewd acts with a minor (PC 288). These cases are typically assigned to detectives who have received extensive training in interviewing young victims and analyzing forensic evidence.
Here is a step-by-step look at how police generally approach lewd acts with a minor investigations:
1. Police receive report
The first step in any investigation is receiving a report of an alleged incident. In child sexual abuse cases, the initial report often comes directly from the victim. However, reports may also be made by mandatory reporters such as teachers or doctors who suspect abuse, or by concerned adults like parents or relatives who have learned of possible abuse.
2. Police interview accuser
Once a report has been received, detectives will conduct an in-depth interview with the child making the allegations. These interviews are typically audio and/or video recorded to document the child’s statements accurately.
Skilled investigators avoid asking leading questions that could unduly influence the child’s account.
3. Police collect medical evidence
Depending on the nature and timing of the alleged abuse, police may order a medical examination of the child. Specially trained medical professionals will look for any signs of sexual trauma or DNA evidence that could help identify the perpetrator.
4. Police have accuser (or other witness) conduct a pretext call
Another investigative technique is to have the accuser make a “pretext phone call” to the alleged abuser. Police monitor and record the call, hoping to capture incriminating statements.
The goal is for the child to elicit an admission or other evidence to corroborate their allegation, but without the suspect realizing the call is being monitored.
5. Police search for additional victims
Having more than one victim willing to speak out strengthens the police’s case, especially since there is often no direct evidence of any lewd acts.
Therefore, police track down leads in the search of other potential victims that the suspect may have committed lewd acts on. It is harder to ignore victims when there are more than one sharing similar stories.
6. Police question suspect
If a suspect has been identified, detectives will often bring them in for questioning. It is important to note that police are not required to read them their Miranda rights unless the suspect is placed under arrest.1
If the suspect denies the allegations, police may ask them to undergo a polygraph examination. However, suspects have the right to refuse a polygraph, and the results are not admissible in court.2
7. Police turn over case to District Attorney
As detectives gather evidence through interviews, medical examinations, pretext calls, and other investigative strategies, they work closely with prosecutors to assess the strength of the case.
Ultimately, it is up to the District Attorney’s office to decide if there is sufficient probable cause to file criminal charges and take the case to trial.
Additional reading
For more in-depth information, refer to these scholarly articles
- Police interviews with child sexual abuse victims: Patterns of reporting, avoidance and denial – Child Abuse & Neglect.
- Investigative Interviews with Victims of Child Sexual Abuse: The Relationship between Question Type and Investigation Relevant Information – Journal of Police and Criminal Psychology.
- The impact of questioning style on the content of investigative interviews with suspected child sexual abuse victims – Psychology, Crime & Law.
- Interviewing Child Victim-Witnesses: How You Ask Is What You Get – Eyewitness Memory.
- Child victims of sexual abuse: Children’s experience of the investigative process in the criminal justice system – Practice.
