Interrogation
and Confession
in Risk Assessment*

Nicolas Sheon

*This is an adapted version of the article published in Focus Supplement on HIV Antibody Counseling 12(7) June 1997. It contains more detailed transcriptions of the sessions discussed in the original published version.

More About Confession
and HIV Test Counseling
from the author's web site

When counselors interview clients during the risk assessment session, clients often respond with statements of remorse, "confessions" about past risky behavior. This confessional dynamic can alter the relationship between counselor and client, potentially leading to ambiguity in communication and blurred boundaries in the counseling relationship. Based on a study of audio transcripts from 30 anonymous test counseling sessions, this issue of the FOCUS Supplement explores confessional interactions and presents ways counselors can respond most effectively to confessional dynamics when they occur.

The Confessional Dynamic

According to Michel Foucault, the urge to confess transgressions to those authorized by society to grant a "clean slate" has been a defining feature of Western civilization.1,2 The best known form of this practice occurs in religious settings, for instance in the Catholic Church, when a person confesses sins to a priest who offers absolution. Like the reassurance people get from a seronegative test result, sacramental confession offers "sinners" a slate that may be wiped clean again and again. Both are private, one-on-one discussions that focus on, among other things, the sanctity of relationships and specific sexual practices. In a religious context, sexual behaviors are interpreted by the priest in terms of venial and mortal sins, while the HIV counselor views this information in terms of safer and risky behaviors.

A confessional dynamic can occur in test counseling sessions for several reasons. Test counseling can involve a discussion of behaviors that people consider "right" or "wrong" with respect to HIV-related risk. The process of recording a "moral inventory" on an "official" form can deepen the confessional dynamic and intensify feelings of vulnerability, anxiety, and guilt.
Because in U.S. society, public opinion functions as an arbiter, condemning or forgiving wrongdoers, individuals may expect judgment from their "confessors" in the test counseling venue. One client, interviewed after counseling and testing, described her experience of the counselor in these words: "I expected him to go on and on and ask me what risks I had taken and tell me at length how wrong those things are, and how I shouldn't be doing those things." Expectations of admonishment often evolve from projections of a client's own anxieties and self-judgment onto the counselor. Clients may unwittingly place counselors in the role
of confessor.

The confessional dynamic, which involves a client's self-judgment, can make the counselor hesitant to explore the client's issues, resulting in a superficial test counseling session. By confessing, a client is saying in effect, "I know better, it won't happen again, so don't lecture me!" Counselors find themselves in the role of admonishing parent rather than empathic confidant. If the counselor asks additional questions about a risky incident, he or she risks being seen
as overbearing. As a result, counselors often preface questions about risks with phrases such as, "The state wants to know," or, "We ask this of every client," so as not to seem to be singling out clients. To avoid appearing judgmental, counselors often depersonalize advice by presenting it as standard information, for instance saying, "We recommend that clients. . . ."3 While this strategy helps counselors provide information and advice, it does not serve as effective client-centered counseling, because too often, clients receive little new insight into their particular situations.

When counselors initially ask why clients are seeking HIV testing, it is not uncommon for clients to respond that "I've been a bad boy," "I was stupid," or "I've done some crazy things." These statements can set up a confessional dynamic that requires the counselor to absolve the client of wrongdoing. It may also make it difficult for the counselor to follow such statements with a productive discussion of risk behaviors.

The following two cases illustrate how risk assessment questions can create a confessional dynamic. Each case is structured around a client's confession of feeling "stupid" as a result of previous behaviors, and each counselor responds differently. In the first session, the counselor continues to probe without absolving the client, leaving the client feeling alienated. In the second session, the counselor absolves the client for his lapse but, in order to re-establish a cooperative dialogue, must forego any further exploration. While these examples are extreme ones, they illustrate a dynamic that is present to some degree in nearly all risk assessment sessions.

Session One: Absolution versus Denial

A 20-year-old, heterosexual woman is testing because she has heard a rumor that one of her previous partners has AIDS. The session has proceeded smoothly until midway when the counselor asks if the client engages in receptive anal sex.

C: = counselor
P: = client or patient
transcription symbols

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C:


P:


C:
P:
Okay. Do you and your partners engage in
anal receptive (.) sex? That's where he would
put his penis in your anus.
Uh (.) I've done that a couple times (.) like
three times and I don't think we ever used
anything.
Okay. In the last year?
Yeah.

Noticing that the client has suddenly placed her hand over her stomach, an indication that the last question may have made her feel uncomfortable, the counselor asks,

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C:
P:
C
P:
C:
P:


C:
P:





C:
P:

C:
P:
C:
P:
 Okay. Are you okay?=
=Mm hm.
'Cause you grabbed your stomach.
HHHH I'm just thinking.
What about?
Well (.) you go back over all the things that
you've done(.) and (.) I don't really feel
ashamed (.) I just feel kind of stupid.
Why stupid?
Because(4) I mean all those people are gone
now (.) and they're not really part of my life
anymore (.) and (I've really cared) that much
for them (.) and and to get something like that
from somebody (2) or to give it to someone (.)
is kind of heavy.
What would that mean to you?
(5) I'm more concerned about whether or not
I could have ever given it to anyone.
Mm hm. .hhhhhh
(6) And it's like murder.
Why?
You're not pulling a trigger, but it (.) y
you've given what's going to kill them.


By emphasizing her possible guilt through exaggerated analogies, the client can reasonably expect sympathy from the counselor. Instead, the counselor continues to probe about her feelings. A fundamental rule of everyday conversation is that a person should never agree with another person's negative self-assessments.4 For example, when someone confesses, "I feel so stupid," the socially preferred response is to absolve them by saying, "No, you're not," or, "It's not your fault."

Because the counselor does not immediately disagree with the client's assessment that she is "stupid" and may be guilty of "murder," the client may interpret the counselor's silence as agreement. The counselor sticks to the role of interrogator so as not to enable the client's denial. But, the counselor's silence on the issue of the client's guilt leads her to continue emphasizing remorse in the apparent hope the counselor will grant her some absolution, which does not occur. As a result, the interaction becomes strained, and, for the remainder of the session, the client responds evasively and asks few questions.

Session Two: Exonerating the Client

The rule of everyday conversation that confessions should result in forgiveness broken by the counselor in the Session One is demonstrated in this case of a counselor who responds by exonerating the client. The client is a 24-year-old heterosexual man testing because of an incident of unprotected vaginal sex a month earlier. When the counselor asks about the role of alcohol in the client's lapse into unprotected sex, the client responds guardedly

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C:
P:
C:

P:

C:
P:
C:
P:
Okay. How bout alcohol?
(.) >I drink sometimes<=
=Okay. In the context of ssexx. I bring it up
because (.) and I mean you're you sound
I remember cause last time and that was a big
factoHr th
See?
tHhat I had drunk.
And you're aware of that.
Yes, defin absolutely.


The client initially responds defensively, but, once the counselor justifies his question by stating that it is part of the "official" risk assessment, the client admits drinking had been a "big factor" in his lapse. To explore risk factors other than alcohol, the counselor then proposes several possible face-saving accounts for the client's lapse.

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C:


P:

C:
P:

C:


P:
Were there condoms around, or just you
were encouraged, or we don't need to do
this? or what was going on
Nnn there was no condoms around actually,
otherwise I would have used it [and I just
[Okay
you know I just felt kind of uncomfortable to
bring this up (.) you [know? so let's wait and
[And so you had some,
now you have got anxiety and you came in a
month later for
Yeah HHHH

The client's admission of feeling uncomfortable sheds doubt on his implied assertion that he would have used a condom had one been available, and offers the counselor an opening to explore the source of the client's discomfort in negotiating with sexual partners. The counselor's technique is similar to the "good cop" approach often used by police in interrogations. By minimizing a suspect's role in a crime, an interrogator makes it more acceptable for the suspect to admit to committing the crime.

Responding to this admission, the counselor abruptly switches from good cop to bad cop.

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C:

P:
C:
P:
So you're uncomf. you're GOING TO BE
UNCOMFORTABLE FOR FIVE MONTHS, NOW!
Yeah that's true
So there's a tradeoff.
That was real stupid of me to do

This confession of "stupidity" leads the counselor to shift abruptly back to being the good cop.

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P:
C:
P:
C:





P:
C:

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P:
That was real stupid of me to do [(I usually=
[No it's not=
=don't but
=stupid. It's not stupid. It's just I I people
say that (.) It's human. Okay. It just it
happens. You just need to know that it
happened, that you're anxious as a result,
and you're going to try to make it not happen
again, but [I wouldn't
[It's true
I wouldn't say it's stupid. I mean I just
know what I've done in my life and I
HHHH
You know. And I think counselors are
among the bigger offenders in that sort of
stuff because we hear so much and we give
results and we look at stuff...And I hear you
tell (.) me that you knew it was alcohol and
you knew that led to it. So the next time you
do that keep a couple condoms in your pocket
to do that sort of thing. I mean obviously
from what you from what I'm hearing (.)
you're comfortable with condoms
Oh yes

The client's confession has reversed the power dynamic and prompted the counselor to confess his own lapses in order to restore the dialogue. The client's self-deprecating statement places the counselor on the defensive and effectively blocks any further insight into the unprotected incident. This is also illustrated by the fact that, although the client stated earlier he felt "uncomfortable bringing up condoms," the counselor merely absolves him, giving him a "penance" without confronting in a productive way the client's problem with using condoms.

What can the counselor do in such situations to respond and re-engage in a constructive dialogue? The first thing is to understand that the counselor is not responsible for the confessional dynamic. Confessions are not an indication of bad counseling. The confessional dynamic arises more from the unequal power relationship inherent in the risk assessment process than from the personalities of the client or the counselor.

One approach is to gently confront a client's statements of guilt or remorse by pointing out the confessional roles that these engender. For example, when a client says, "I was stupid," or, "I should really know better," a counselor might respond:

Counselor: Let's stop for a second. Why do you think it's stupid?
Client: Because I knew better.
Counselor: Well that's not stupidity. Stupidity is about ignorance. You're totally informed. You've demonstrated that by coming here today. If it's not stupidity, what might be going on?

Counselors should be alert that clients may make confessional statements as a way to preempt further discussion. A client may do this, for instance, by making a statement such as: "I'm never going to have sex again!" The counselor can ask the client how realistic he or she thinks this is and under what circumstances he or she might someday decide differently.

Confessional dynamics can influence a client's reasons for seeking a test and keep him or her in denial about underlying issues. For this reason, it is especially important to help clients explore the meaning of the test in the context of their lives and relationships. Return at various times in the counseling session to the subject of why a client is seeking a test. Often, counselors ask this question only at the beginning of the session, before rapport develops. As a result, clients tend to give non-committal answers, such as, "I just want to know," or, "I'm testing because it's been a while since my last test."

Because questions on risk assessment forms focus primarily on risks of exposure, clients sometimes answer that risk is their primary reason for testing, assuming that this is the "right" answer. Risk of exposure, however, may play only a minor role in motivating some clients to test. Issues of intimacy or new developments in a relationship, for instance, often play larger roles in the decision to test, but these elements are far more difficult to articulate in the session. To help clients articulate unconscious motivations for testing, validate the fact that there are many reasons people might seek testing and counseling services and that risk may represent only one element.

Responding to Repeat Testing

Clients often use the existence of the six-month infection window period as a justification for routine testing. A client's doubts about his or her infection status often stem more from the passage of time since a previous test than a concern over a specific incident. Such patterns of routine testing are usually symptomatic of unresolved issues for which testing can offer only temporary reassurance.

Like recidivist sinners compelled to attend regular confession, some clients test with consistent frequency but continue taking risks. Unable or unwilling to change risk behaviors, clients may unconsciously view regular testing itself as a form of prevention. Determine whether this is the situation for the client by asking if he or she plans to test again. When a client says he or she plans to test every six months, respond by saying, "Okay, but remember, it's what you do between tests that protects you from getting infected, not the test itself." Ask why the client needs a clean slate every six months. Point out that "the test might help to reassure you, but unless you try to look at where your anxiety comes from, for instance, a particular relationship, you'll probably test again with the same doubts about your status."

When clients feel little control over their risk behaviors, they may use routine testing as a way to avoid the challenge of consistently practicing safer sex. Clients often feel particularly vulnerable during the risk assessment because they can no longer undo the lapses that they have disclosed. To build a sense of self-efficacy among clients, validate the steps, such as getting tested, that a client has already taken to protect him or herself. Focus on future steps the client can take to protect him or herself. In this discussion, explore the meaning of testing in each client's relationships.

For some clients, repeat testing can serve as a ritual of purification to deal with self-blame for "giving in" to unprotected sex, punishment for not maintaining boundaries with an abusive partner, or unresolved guilt over sex outside a primary relationship. To help clients recognize the influence of these other issues, counselors can point out the confessional tone of the narrative. Respond, for example, by saying, "From what you just said it sounds like you're really beating yourself up about this. Do you think punishing yourself is really going to help?"

Conclusion

A client's motivations for seeking HIV testing can be complex and difficult to articulate. The strategies presented here can help clients explore in greater depth their motives for testing and how these motives affect decisions about risk, and help counselors recognize and confront the confessional dynamic before it preempts meaningful discussion within the counseling session.


References


1. Foucault M. The History of Sexuality: An Introduction. New York: Vintage, 1979.

2. Delumeau J. Sin and Fear: The Emergence of a Western Guilt Culture. New York: St. Martin's Press, 1990.

3. Silverman D. Discourses of Counselling: HIV Counselling as Social Interaction. London: Sage, 1997.

4. Levinson S. Pragmatics.Cambridge: Cambridge University Press, 1983.

*These sessions were recorded with the consent of clients.

Author

Nicolas Sheon is a doctoral candidate in medical anthropology at University of California, Berkeley and has worked as an HIV test counselor since 1993.


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