The construction of allegedly abused children’s narratives in Scottish criminal courts

This study investigated lawyers’ use of social narratives surrounding child sexual abuse when questioning 66 5- to 17-year-old alleged victims in Scottish criminal courts using a mixed-methods approach. Thematic analysis found that the use of beliefs and stereotypes varied depending upon the lawyers’ role (defense/prosecution), children’s age, and the alleged victim-defendant relationship. These findings were investigated further using narrative analysis, which showed that, with increasing age and decreasing familiarity with defendants, narratives increasingly focused on the characteristics and actions of the victims rather than the defendants. Older children contributed more to narratives than younger children, but their contributions were only incorporated into the prosecutors’ narratives. Defense lawyers adopted more victim-blaming tactics as the narratives developed. Findings suggest that the criminal justice system, practitioners, and researchers must do more to recognize and guard against the reinforcement of stereotypes that may influence public rhetoric and jury decision-making.     

Children’s Reports of Disclosure Recipient Reactions in Forensic Interviews: Comparing the NICHD and MoGP Protocols

Reactions from confidantes who receive children’s abuse disclosures can affect children’s well-being and the likelihood that they will recant. Disclosure recipient (DR) reactions were coded in 95 forensic interviews of 4- to 13-year-old alleged sexual abuse victims. Half of the interviews were conducted using the National Institute of Child Health and Human Development (NICHD) Protocol (which includes a disclosure phase focused on the child’s initial abuse report) and the other half using the Memorandum of Good Practice (MoGP), a predecessor of the Achieving Best Evidence (ABE) guidelines used in the UK today (which recommends asking about children’s initial disclosures but has no designated disclosure phase). Children reported a variety of DR reactions, including supportive and unsupportive responses, and noted that many DRs questioned them about the allegations. NICHD interviews contained more references to DR reactions than MoGP interviews. NICHD interviews elicited more DR reaction information using invitations rather than more focused prompts and by asking children explicitly about their disclosures rather than relying on children to provide the information spontaneously. Findings indicated that children may be willing and able to provide disclosure information but may require prompting.     

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.     

Sexual assault complainants on the stand: a historical comparison of courtroom questioning

Because most cases of alleged sexual assault involve few sources of evidence, the complainant’s testimony is crucial. In line with empirical research findings, the way in which police question sexual assault complainants has evolved to ultimately maximise both the completeness and accuracy of evidence. But has courtroom questioning changed over time? To answer this question, we compared the courtroom questioning of sexual assault complainants in the 1950s to that used in cases from the turn of the twenty-first century. Overall, lawyers in contemporary cases asked complainants more questions and uttered more words than they did historically. Complainants, too, appear to have become more vocal over time. Across the two time periods, the questioning style used by prosecuting lawyers has shifted towards a more open style. In stark contrast, the format of cross-examination questions has remained remarkably consistent over time, with leading questions still making up the bulk of the questions asked. These findings have important implications for future legal reform and legal practice.     

Adults Usually Believe Young Children: The Influence of Eliciting Questions and Suggestibility Presentations on Perceptions of Children’s Disclosures

Do people realize the danger of asking misinformed children yes–no questions? Study 1 confirmed that disclosures children made during free recall in an earlier suggestibility study were more accurate than disclosures following “yes” responses to yes–no questions, which in turn were more accurate than disclosures following “no” responses. In Studies 2 and 3, college students watched interviews of children and judged the veracity of these three disclosure patterns. Participants generally believed false reports representing the first two patterns, although watching expert testimony that included a videotaped example of a false report reduced trust in prompted disclosures. Results document the need to inform forensic decision-makers about the circumstances associated with erroneous responses to yes–no questions.     

A genealogy of hostility: parental alienation in England and Wales

ABSTRACT

This article explores the emergence and development of parental alienation (PA) in England and Wales. It considers the background into which PA first appeared in private law proceedings concerning children in England and Wales, and examines how it progressed in the case law through the changing political and discursive context of private family law from 2000 to the end of March 2019. A clear pattern emerged of, initially, parental alienation syndrome and subsequently PA being raised in family proceedings and in political and popular arenas in response to concerns about and measures to address domestic abuse. The case law revealed a high incidence of domestic abuse perpetrated by parents (principally fathers) who were claiming that the resident parents (principally mothers) had alienated the children against them, which raises questions about the purpose of PA. More recently, a PA ‘industry’ appears to have amassed comprising experts, therapists and lawyers, advocating transfers of children’s care from ‘alienating’ mothers to non-resident fathers, as well as PA therapy for children and parents. While PA has had a chequered history and is not without its critics, it has become part of the discursive repertoire of current family law, with increasingly harsh consequences for women and children.     

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.     

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.     

中国刑事专家辅助人向专家证人的角色转变

中国的刑事专家辅助人具有既类似于律师又类似于鉴定人、证人的多重属性;围绕专家辅助人意见的性质,也形成了质证方式说、鉴定意见说、证人证言说等多种观点。角色定位上的混乱,不仅造成了独具特色的鉴定人与专家辅助人的双轨制,而且常常使专家辅助人意见的法庭采信陷入困境。从最高人民法院有关专家辅助人的新近规定看,专家辅助人的角色呈现出向专家证人转变的趋势。这种转变的核心要求,一是实现鉴定人和专家辅助人的诉讼地位平等,专家辅助人意见和鉴定意见在专家证言意义上的证据效力平等;二是使专家辅助人回归专家证人本色,将强加给专家辅助人的不合理的质证职责交还给律师、检察官;三是提高律师、检察官熟练运用交叉询问规则、对科学证据进行质证的能力,充分发挥法官的科学证据“守门人”作用,以适应事实认定科学化的需要。     

Taking the stand: defendant statements in court cases of alleged sexual abuse against infants,toddlers and preschoolers

Investigating and adjudicating allegations of child sexual abuse are challenging tasks. In the present study, we examined defendant statements concerning charges of sexual abuse against young children in Swedish district court cases (87 defendants, 140 child complainants, tried between January 2010 to December 2015). A main objective was to test predictive factors for admissions of guilt using inferential statistical analyses. Furthermore, using qualitative thematical analysis, we sought to identify common patterns in the defendants’ explanations to the allegation. Approximately one-third of the defendants (31%) pleaded guilty during trial. Admissions of guilt were more likely if the defendant was young, if the child was young at the onset of abuse, if the child and perpetrator had an extrafamilial relationship, and if the defendant possessed child pornography. A conflict with the person who made the report (e.g. a custody dispute), a testimony from the child, a direct eyewitness, or an informal disclosure recipient were significantly more common in cases of denials. In the qualitative analysis, a range of alternative explanations behind the abuse allegations were identified. Legal professionals and investigators may benefit from considering these alternative hypotheses during their investigative and judicial work.     

The relation between interviewers’ personal characteristics and investigative interview performance in a child sexual abuse context

Despite important progress in knowledge about interview ‘best practice’ with child victims, few studies had yet evaluated the impact of interviewers’ personal characteristics on adherence to these ‘best practice’. This study was designed to determine whether interviewers’ personal characteristics are associated with adherence to a structured interview protocol (National Institute of Child and Human Development), the use of open-ended questions and the amount of details provided in children’s responses during investigative interviews with alleged victims of child sexual abuse. 114 interviews were scored from 13 police investigators after they followed a one-week training program. Results showed that experience, emotional intelligence, Extraversion, Agreeableness, Conscientiousness and Neuroticism were related with adherence to the protocol and ratio of open-ended questions. Cognitive abilities were related to the amount of details obtained from the child. Generalized estimating equations were used to compare relative contribution of each variable. These findings raise questions about how investigative interviewers are selected and trained.     

Do Jurors “Know” What Isn’t So About Child Witnesses?

Are expert witnesses needed in child sexual abuse cases to educate jurors about children’s memory, suggestibility, and reactions to abuse, or do jurors already know what such experts could tell them? To cast light on this question, we surveyed jurors and jury-eligible college students and compared their beliefs with what is known via scientific research regarding children’s memory and ability to testify, reactions to interrogation, and reactions to sexual abuse. We also asked participants to infer results of four widely cited studies of children’s suggestibility. Participants’ beliefs were consistent with findings from research on some issues (e.g., that children can be led to claim that false events occurred) but diverged from the scientific consensus on other issues (e.g., whether children can remember painful events in infancy). Similarly, participants sometimes overestimated and sometimes underestimated the level of suggestibility observed in empirical studies. Individual differences in accuracy were related to participants’ gender, education and ethnicity, and there was considerable disagreement among participants on many questions. Implications of findings for the admissibility of expert testimony in child abuse cases are discussed.     

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.     

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.     

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.     

Expert Testimony Regarding Child Witnesses: Does It Sensitize Jurors to Forensic Interview Quality?

Does expert testimony on forensic interviews with children help adults distinguish between poorly conducted and well-conducted interviews? This study evaluates the effects of social framework expert testimony regarding child witnesses in a case involving allegations of child sexual abuse. A 2 (Expert Testimony: present or absent) × 3 (Child Forensic Interview Quality: poor, typical, or good) × 2 (Child’s Age: 4- or 10-year-old) factorial design was used to examine whether expert testimony is prejudicial or beneficial to jurors (N = 463). The results revealed that, without expert testimony, mock jurors did not consider the forensic interview quality when reaching a verdict. However, with expert testimony, mock jurors were more likely to render guilty verdicts if the interview quality was good versus poor. Further expert testimony increased mock jurors’ knowledge about child witnesses. These findings suggest that expert testimony related to the impact of interview techniques on the reliability of children’s reports may assist fact-finders in evaluating child abuse cases.     

Is There Touch in the Game of Twister®? The Effects of Innocuous Touch and Suggestive Questions on Children's Eyewitness Memory

Preschool children (ages 48–70 months, N = 48) experienced 2 to-be-remembered events (i.e., the games Twister^® and Shapes) that included either innocuous bodily touch or no touch. Participants were interviewed 7 days later and asked direct (“Did Amy kiss you?”) or suggestive “tag” questions (“Amy kissed you, didn't she?”) equated for content. Results indicated that children who were innocuously touched were no more likely to falsely assent to “abuse-related” touch questions (e.g., “Amy touched your bottom, didn't she?”) than were children who were not touched. However, children who were asked tag questions responded at chance levels, thereby making high errors of commission in response to abuse-touch questions relative to their no-tag counterparts who responded to “abuse questions” accurately 93% of the time. Children who were asked tag questions assented at a higher rate to general forensic questions (“Amy took your picture, didn't she?”) than did children asked direct questions, and children assented at higher rates to “abuse-touch” questions than to general forensic questions. Results are discussed in terms of prior research on interviewing techniques and adult influence on children's testimony.