The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

The impact of protective shields and videotape testimony on conviction rates in a simulated trial of child sexual abuse

In Experiment 1 mock jurors watched a videotape simulation of a sexual abuse trial that included a 10-year-old child witness testifying in one of three different modalities: (1) The child testified in court while directly confronting the defendant (open court condition). (2) The child testified in court with a protective shield placed between the child and the defendant (shield condition). (3) The child testified outside the courtroom and the child's testimony was presented to the jury and the defendant on a video monitor (video condition). The mock jurors judged the guilt of the defendant after watching the entire trial. The modality of the child's testimony had no impact on conviction rates. In Experiment 2 subjects watched the same trial that was used in Experiment 1. The trial was stopped immediately after the child testified (the child was the first witness to take the stand), and subjects judged the guilt of the defendant. The modality of the child's testimony had a significant impact on conviction rates. Subjects in the open court condition were more likely to convict the defendant than subjects in the shield and videotape conditions. These findings are relevant to Supreme Court decisions regarding the use of protective devices with child witnesses.     

Jurors' perceptions of child victim-witnesses in a simulated sexual abuse trial

Two studies investigated the effects of a child witness's age (5, 10, or 15 years old), communication style (powerful vs. powerless), and prosecuting attorney questioning methods (leading vs. nonleading) on perceptions of her testimony in a videotaped mock trial. In Experiment 1, as predicted, ratings of a child witness's credibility were most extreme when the child's communication style contrasted with adults' age-related expectations. Results of Experiment 2 showed that the child's communication style strongly affected perceptions of the defendant as well.     

Expert testimony in child sexual abuse cases

We presented participants with syndromal, witness credibility, or anatomically detailed doll evidence to determine (a) whether these different types of expert evidence exert differential influence on participants' judgments and (b) whether the influence of this evidence could be better explained by the relative scientific status or the probabilistic qualities of the research presented. Additionally, we investigated whether a strong or weak cross-examination of the expert would be more successful in discrediting the information provided in the expert's testimony. Findings suggest that participants are less influenced by expert testimony based on probability data (i.e., syndromal evidence) than by expert testimony based on case history data (i.e., credibility of anatomically detailed doll evidence). Participant responses did not differ as a function of the strength of the cross-examination of the expert. As expected, women were more likely to respond in a pro-prosecution direction than were men. Implications for the use of expert evidence in child sexual abuse cases are discussed.     

The expanding role of expert psychological evaluations and testimony in Hague child abduction litigation

Hague Convention cases are a growing niche in forensic assessments. These cases focus on returning children, or preventing their return, after international abductions, by one of the parents, has occurred. This article focuses on the legal underpinnings of the Hague Abduction Convention, the “affirmative defenses” that may be invoked to prevent a return order, including “grave risk of harm,” “mature objection”, and the “well settled defense.” The article will also focus on the increasing roles that forensic evaluators play in these matters, the distinction between the role of forensic experts in custody proceedings and Hague cases, and the inherent limitations present in these unique kinds of evaluations.     

Containing the secret of child sexual abuse

This study reports a grounded theory study of the process of how children tell of their experiences of child sexual abuse from the perspectives of young people and their parents. Individual interviews were conducted with 22 young people aged 8 to 18, and 14 parents. A theoretical model was developed that conceptualises the process of disclosure as one of containing the secret of child sexual abuse. Three key dynamics were identified: the active withholding of the secret on the part of the child, the experience of a 'pressure cooker effect' reflecting a conflict between the wish to tell and the wish to keep the secret, and the confiding itself which often occurs in the context of an intimacy being shared. Children's experiences of disclosure were multidetermined and suggest the need for multifaceted and multisystemic approaches to prevention and intervention. The need for the secret to be contained, individually and interpersonally in appropriate safeguarding and therapeutic contexts needs to be respected in helping children tell.     

The impact of questioning style on the content of investigative interviews with suspected child sexual abuse victims

Abstract

This study explored the influence of question type and interviewer style on the quantity and quality of responses offered by children in interviews for suspected sexual abuse. The analysis covered 36 investigative interviews conducted by polia officers under the Memorandum of Good Practice with children aged 4–7, 8–11 and 12–14 years. The dependent measures were the temporel length of children's answers and the number of criteria derived from Criteria Based Cornent Analysis (CBCA) they contained. Only 2% of all questions were open-ended, but just 3% were judged leading. Open questions were most effective with 12–14 year olds but not with younger children who provided nose information in response to specific yet not leading or closed questions. Longer answers containing move CBCA criteria were associated with interviews containing many affirmative utterances and verbal affirmations and a brief rapport. The implications of these findings for interview theory and practice are briefly discussed.     

National survey of professional practice in child sexual abuse

A sample of 276 professionals described how they spend their professional time, their attitudes and knowledge about etiology and treatment of sexual abuse. Professionals were also asked to respond to a case vignette where varied on two dimensions: age of the child victim and relationship of the offender to the victim. Agencies receiving the questionnaire were randomly assigned to one of the six possible scenario conditions resulting from the two dimensions.     

Effects of expert psychological advice on human performance in judging the validity of eyewitness testimony

A review is made of recent experimental research regarding how well human observers can judge the accuracy of eyewitness testimony. It is concluded that people: (a) may be overwilling to believe in the accuracy of eyewitnesses' memory; (b) rely too heavily on the confidence of eyewitnesses in judging the validity of testimony; (c) fail to adequately account for witnessing conditions across crimes; and (d) cannot discriminate between accurate and inaccurate witnesses within crimes. New data are reported from an experiment designed to test the effects that expert psychological advice has on subject-jurors' performance with regard to these four deficiencies. The results showed that expert advice served to eliminate the overbelief bias and greatly reduced subject-jurors' reliance on the confidence of the witnesses. Expert, advice did not improve the extent to which subject-jurors took account of the witnessing conditions across crimes nor their ability to discriminate between accurate and inaccurate witnesses within crimes.     

Influences of an interviewer's behaviors in child sexual abuse investigations

The content of an investigatory interview is one of several factors which may influence the data gathered in the course of a sexual abuse investigation. This article focuses on the impact of an interviewer's behaviors upon the information presented by the alleged victim. Behavioral aspects of the interview which may influence the child's information include inappropriate interactional patterns, emotional reactions of the interviewer, and/or changes in continuity of specific behaviors. Recommendations are made to assist investigators in avoiding these interviewing pitfalls and, thereby, minimizing contamination of the child's data.     

Female victims of child sexual abuse: Adult adjustment

A questionnaire administered to a University sample of 245 female victims of sexual child abuse and 750 nonvictims attempted to determine whether abuse is related to poor adult social and psychological adjustment. The instrument consisted of three outcome measures of adjustment, variables directly related to abuse, perceived satisfaction with early family life, and demographic data. Only one of the outcome measures — the Texas Social Behavior Inventory — yielded a statistically significant difference between the samples. There was a steady, significant and progressive increase in maladjustment between the nonabused, the nonincestuously abused and the incest victims. When controls were applied for levels of satisfaction with early family life, differences between the abused and nonabused samples disappeared. Those abused as children who reported good treatment by parents exhibited no ill effects as adults on the TSBI.     

Ambivalence of nonoffending guardians after child sexual abuse disclosure

A concern in the intervention with sexually abused children is the support of their nonoffending guardians after disclosure of the abuse. Approximately a third of nonoffending guardians respond with vacillation in support, and these nonoffending guardians are at greater risk for having their children removed. This article reconceptualizes vacillation in support as an ambivalent response. Drawing on the interdisciplinary literature, this article suggests that ambivalence in support reflects the confluence between the nonoffending guardian's valence toward the child and perpetrator. This article further proposes that ambivalence is normative when the costs of disclosure are high and when the nonoffending guardian is ambivalent/preoccupied in attachment. Ambivalence may also be both a precursor to and an effect of the traumatic experience of the disclosure on the nonoffending guardian. In a study of 30 nonoffending mothers whose partners sexually abused their children, these relationships were supported.     

The presentation of expert testimony via live audio-visual communication

As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.     

Barriers to successful treatment completion in child sexual abuse survivors

Child sexual abuse (CSA) often requires psychological treatment to address the symptoms of victim trauma. Barriers to entry and completion of counseling services can compromise long-term well-being. An integrated medical and mental health evaluation and treatment model of a child advocacy center (CAC) has the potential to reduce barriers to mental health treatment. Objective: (a) to describe characteristics between CSA patients who engage versus those who do not engage in mental health treatment and (b) to identify factors associated with successful completion of mental health treatment goals. For design/setting, a retrospective cohort study was conducted of CSA patients (ages 3-16 years) referred to mental health services following a CAC assessment. Outcome variables included linkage with treatment and completion of treatment. Independent variables included demographics, abuse characteristics, and therapist characteristics. Data were abstracted from the CAC and billing databases. Results: Four hundred ninety subjects were evaluated. Subjects were as follows: predominately female (74%), White (60%), and more than half received Medicaid (56%). Mean age was 8.4 years. About 52% linked with mental health services and 39% of patients that successfully linked with mental health services completed therapy. Successful linkage was independently associated with referrals to other counseling services (AOR 8.4 [2.5, 27.7]). Successful completion of therapy was independently associated with caregiver participation in therapy (AOR 3.2 [1.8, 6.0]) and if the patient was referred to other counseling services (AOR 4.1 [1.9, 8.5]). There were no differences between subjects that linked and/or completed therapy and those that did not with regard to demographic characteristics or abuse severity. Conclusion: In contrast to previous reports, efforts at our CAC seem to overcome linkage barriers in this population. However, there remain challenges in achieving successful completion of treatment goals in this population. Engaging caregivers' involvement in therapy services had a positive effect with successfully achieving treatment goals.