Court evaluations of young children's testimony in child sexual abuse cases

Purpose

Prosecutors working with child sexual abuse (CSA) cases involving young children have raised concerns that reliability criteria from the Supreme Court of Sweden are holding children's testimony to impossible standards (e.g., expecting the child's testimony to be long, rich in detail and spontaneous). This study aimed to address these concerns by investigating how District Courts and Courts of Appeal employ said criteria in their testimonial assessments of young child complainants.

Methods

Court documents from District Courts (n = 100) and Courts of Appeal (n = 45) in CSA cases involving 100 children age 7 years and under were analysed with respect to the courts’ testimonial assessments.

Results

Testimonial assessments were more frequently referenced in acquitting verdicts and in cases with evidence of low corroborative value. Richness in detail was the most frequently used reliability criterion, followed by spontaneity. Most criteria were used in favour of the children's testimony. However, the length criterion was typically used against the reliability of the children's testimony.

Conclusions

Our findings confirm prosecutors’ concerns that criteria from the Supreme Court are frequently used in evaluations of young children's testimony. This is troublesome, as some criteria do not correspond to current research on young children's witness abilities. For example, compared to testimony given by older children or adults, testimony provided by a young child is typically not long or rich in detail. We encourage prosecutors to extend their own knowledge on young children's capability as witnesses and present this to the court.     

Who made the disclosure? Recorded discussions between children and caretakers suspecting child abuse

Within investigations of suspected child abuse, the child's account is often at the core of the judicial process. When analysing the child's account, it is therefore important to consider how parents may have discussed the suspected abuse prior to the official investigation. However, no studies up to the present time have investigated discussions in real cases where parents suspect that their children have been abused. We analysed a sample (N = 19) of recorded conversations between parents and their children, delivered to the police as evidence for alleged physical or sexual abuse. Analyses of the questions used and the information provided in the discussions showed that the parent's strategies when questioning their children were extremely leading and that in the majority of the cases, all new information was provided by the parents. In spite of this, the parents deemed the recorded conversations as records of the children's accounts. While the sample was small and likely to be unrepresentative of child abuse suspicions in general, the findings have important practical implications. The results indicate that when planning an interview in a case where the alleged abuse relies on what a child allegedly has told a parent, particular caution should be taken when referring to these conversations.     

The stop and think group: Changing sexually aggressive behaviour in young children

Abstract

Until recently, relatively little attention has been paid to young children who are sexually aggressive to other children. In this paper, cognitive-behavioural group techniques which have been used in the treatment of aggressive, impulsive behaviour in young children were applied in a small group setting to the sexually aggressive behaviour of pre-pubescent boys. The boys initially learned a ‘Stop and Think” model for general interpersonal problem-solving, which was then used to work on their difficulties with verbal and physical sexual aggression. Observation of the children's behaviour, reports from carers, school staff and social workers indicated that the group programme increased the children's ability to inhibit impulsive, aggressive behaviour. In the nine months after the group finished there were no known incidents of sexual aggression. In the context of certain limitations discussed in the paper, this positive outcome suggests that these methods have potential for reducing the likelihood of sexually aggressive behaviour becoming habitual.     

Detecting children's false allegations and recantations of a crime

This study examined adults’ abilities to detect the veracity of children's (ages 6–11) initial disclosures and their later recantations about a crime. Children (N?=?32) were asked to make a false denial or a false accusation of an alleged theft, while some were asked to tell the truth. Afterwards, children recanted their initial statements in a second interview; thus, children who initially denied the theft accused a researcher of the transgression in the second interview, and vice-versa. Adult raters (ages 18–25; N?=?108) watched both interviews and completed a questionnaire that required them to determine the veracity (i.e. whether the report was true or false) and credibility of the disclosure. Adults accurately detected the veracity of children's reports 53% of the time (55% of original reports, 50% of recantations). Raters were more accurate when detecting false denials than false accusations in the children's original and recanted reports. Despite being more difficult to detect, children's recanted denials that became accusations were rated as the least credible. Furthermore, self-reported level of experience with children and ratings confidence were not significant predictors of truth/lie detection accuracy.     

Sexual abuse of vulnerable young and old men

During a 4-year period, aggregated data from Adult Protective Services case files in Virginia revealed 17 cases of sexually abused young, middle-age, and old men. The most common types of sexual abuse across age groups involved instances of sexualized kissing and fondling and unwelcome sexual interest in the individual men's bodies. The majority of alleged perpetrators were male; they typically were similar in age to the men and resided in the same residential facility. In none of the cases was the alleged perpetrator prosecuted. Only two of the men continued to be at risk of further sexual abuse by the alleged perpetrator. Implications of these data for future research and practice include a need for studies that focus on differences between male and female victims, especially concerning investigations and interventions, and for training on reporting and intervention for facilities and agencies and organizations working with victims and alleged perpetrators.     

Getting the story from child witnesses: exploring the application of a story grammar framework

Abstract

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers’ adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3–16 years (M age = 103.82 months, SD = 34.21 months). The interviewers’ questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or ‘don't know’ responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers’ specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers’ use of open-ended questions.     

Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Child witness statement quality

Use of general questions in child witness interviews often limits the completeness of young children's recall. In this study experienced professionals interviewed 5–6 year olds and 8–9 year olds “as they would normally” about live events witnessed by the children. Interviewers' spontaneous use of general and specific questions was assessed, as were the effects of these question types on the children's recall. A main result was that the younger children would frequently fail to answer general questions but would then provide information relevant to these same questions later in the interview. Use of specific questions in these relatively naturalistic interviews did not necessarily improve the overall completeness of younger children's recall, contrary to some previous findings, although, in line with previous findings, such questioning reduced overall accuracy rates. These results highlighted the scale of the problem of “omission errors” in young children's recall. Implications for the use of general questions by professionals who interview child witnesses are discussed.     

Brief Research Report: Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition—the alleged victim testified immediately after the incident; (b) repressed condition—the alleged victim reported the assault 1–39 years later, after remembering it for the first time; or (c) not-repressed condition—the alleged victim reported the assault 1–39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.     

A molecular classification of moles and its use in filiation tests

Pregnancies, including ones that follow sexual assaults, occasionally produce hydatidiform moles. The alleged fathers (AFs) of moles have been tested for paternity by identifying the mole's locus phenotype—the one or two visible paternal obligate alleles (POAs) per locus. The probability that the mole inherited the POAs from the AF was divided by the probability that the mole inherited the POAs from a random man. This likelihood ratio (LR) would increase if the mole's specific genotype was known. Moles are generated in five different ways that produce five distinct genotypes. Examining a mole's multilocus STR profile reveals a mole's pathogenesis, determines locus genotypes, and increases paternity LRs.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

The Swansea Bureau: A model of diversion from the Youth Justice System

The Swansea Bureau is an innovative initiative designed to divert young people out of the formal processes of the Youth Justice System. The Swansea Bureau extends beyond simple diversion grounded in minimal or non-intervention and into tackling the underlying causes of youth crime through mechanisms that normalise youth offending and promote prosocial behaviour, children's rights, youth participation and the engagement of both parents/carers and the local community. Inter-agency working is pursued in a political, strategic and operational context of viewing young people as ‘children first, offenders second’. This article discusses the development of the Bureau and explores how this child-orientated model is beginning to yield positive results in terms of decreases in first time entrants into the Youth Justice System and reductions in reconviction. The Bureau process has also elicited widespread positive qualitative feedback from key stakeholders regarding its engagement with Welsh national policy, parents/carers and the children's rights agenda.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

Child witness research and forensic interviews of young children: A review

In this article, we provide an introduction to child eyewitness memory issues that are frequently discussed and debated, both within the research and practice communities. We review several of the central areas of research on child eyewitness memory and some of the most promising protocols aimed at standardizing and improving child forensic interviews. We focus primarily on memory in young children, because they pose particular challenges. Research on the use of props and external cues to prompt young children's memory is discussed. We also review research on professionals' knowledge and attitudes about children as witnesses. It is concluded that we must guard against overly negative or overly optimistic views of children's abilities.