The believability of children and their interviewers' hearsay testimony: when less is more

Hearsay testimony from children's interviewers is increasingly common in sexual abuse trials, but little is known about its effects on juries. In 2 studies, the authors examined college students' perceptions of 3 types of hearsay testimony (an actual interview with a child or an adult interviewer providing either the gist of what that child had said or a verbatim account of the interview). Interviewers were rated as more accurate and truthful than the children. The interview was rated as higher quality, and children's statements, including their false statements, were sometimes rated as more believable in the interviewer gist hearsay condition. Mock jurors reacted differently to various types of hearsay testimony, and interviewer gist testimony may favor a child's case.     

Judicial Decision-Making in Family Law Proceedings

Judicial Family Law proceedings are peculiar; a large number of cases are never closed, until the children reach adulthood. We selected three variables to test whether they can explain the credibility of each party and agent in the proceedings: guiding principle that orients the court's decision, confirmation of maternal manipulation in the psycho-social report, and establishing credibility of the child's testimony. An incidental sample of 169 people was used. The three manipulated variables imply very different levels of credibility for each party to the proceedings. Finally, proposed modifications to court proceedings are suggested to ensure adequate protection of children.     

The role of corroborative evidence in child sexual abuse evaluations

Published studies of forensic child sexual abuse (CSA) evaluations by mental health and medical professionals and paraprofessionals (MHPs) were analysed in order to evaluate two widely held assumptions. These related assumptions are (1) evidence that corroborates children's reports of sexual abuse is rare in forensic CSA evaluations; and (2) in the vast majority of evaluations, MHPs base their judgements about whether or not sexual abuse allegations are true on their assessments of children's reports of sexual abuse and other psychosocial data. Data from five chart review studies of a combined total of 894 forensic CSA evaluations provided sufficient information to assess the validity of these assumptions. Corroborative evidence was present in 36% of the 894 evaluations and in 54% of evaluations in which MHPs judged the allegations likely to be true, contradicting the first assumption. In the evaluations in which corroborative evidence was present, the presence or absence of a child's report of sexual abuse was only weakly associated with MHPs' judgements about the validity of the allegations (allegations in almost all corroborated cases were judged likely to be true, even in the absence of a child's report), partially contradicting the second assumption. Implications of this analysis for research and policy are discussed. Copyright © 2010 John Wiley & Sons, Ltd.     

Tell Me Everything You Discussed: Children's Memory for Dyadic Conversations after a 1-Week or a 3-Week Delay

In child abuse investigations, children are often asked to recount previous conversations related to the allegations (i.e., “conversational testimony”). To explore children's ability to provide conversational testimony, we staged a semi-structured novel dyadic conversation between an adult researcher and 8-year-old children (n = 90). Children's gist recall and recognition memory for their own statements, their conversational partner's statements, and question–answer pairs were tested after either a 1-week or a 3-week delay. The results revealed that children recounted a minority of the conversation, although children recalled more after a short delay (7%) than after a long delay (4%). A majority of children's free recall statements were accurate (68%); however, approximately one-third of their free recall statements were incorrect. Children almost exclusively recounted their own statements, and rarely recalled any of the adult's statements or the question–answer pairs during free recall. Reports of the adult's statements and question–answer pairs increased with cued recall questioning, but remained minimal. During recognition testing, children were able to distinguish between true and false recognition items for their own statements and the adult's statements, but performed at chance level on recognition items concerning question–answer pairs. Forensic implications of the results are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

Perceptions of Children's Credibility in Sexual Assault Cases1

Children's testimony often plays a central role in prosecutions of child sexual abuse. Nevertheless, research on jurors' perceptions of the credibility of child sexual assault victims remains limited. In three experiments, we examined mock jurors' reactions to children's testimony about sexual abuse. Participant jurors were exposed to videotaped or written scenarios of child sexual abuse trials and then rated victim credibility and defendant guilt. Analyses indicated that: (a) victim age was either inversely related or unrelated to perceptions of victim credibility, (b) women were more likely than men to find child victims credible, (c) corroborating testimony from a child victim increased the credibility of another child victim, and (d) exposure of participants to past criminal acts and other negative defendant character evidence heightened perceived victim credibility and defendant guilt. Implications for understanding jurors' reactions to child witnesses are discussed.     

Child witness statements about sexual abuse in day‐care: reports from a case with confessions from the suspect

Evaluation of alleged sexual abuse at day‐care centres usually has to be based mainly on child statements about their own victimisation. This study points at other possible sources of information. Thus, the child may give contributions to the investigative procedure also as a witness of abuse of other children, as a participator of group interaction related to abuse and as a receiver of a disclosure about abuse from another child. Data are presented from a case where the suspect had confessed. A quarter of the children at the day‐care centre had given information about other children's exposure. For more than half of the children, there were witness statements that reflected what these particular children might have been exposed to. Context and statement characteristics seemed to make an evaluation of some of these statements possible. Information about interaction between children and about disclosures between children was strikingly scarce which was probably due to the lack of questions from parents and investigators in these areas. Witness statements from children about other children's exposure to abuse stand out as an interesting complementary source of information in investigations of abuse at day‐care centres and may also provide a basis for interpretations at a group level. Copyright © 2005 John Wiley & Sons, Ltd.     

Child sexual abuse evaluations: the scientist–practitioner model

The scientist-practitioner model is presented as a format for conducting child sexual abuse evaluations. This model bases conclusions on empirically established relationships between data and the behavior of interest, rather than on subjective opinions. Using empirically derived evidence, the scientist-practitioner defines child sexual abuse as a life event rather than a clinical syndrome, relies on base rates of behavior for distinguishing and understanding differences between nonsexually abused and sexually abused children, and considers issues of instrument sensitivity and specificity when utilizing assessment tools in child sexual abuse evaluations. This model enlists safeguards to keep the evaluator from inappropriately forming cause and effect associations between a child's single response (e.g., behavioral and emotional symptoms, interactions with anatomically detailed dolls, drawing genitalia) and the occurrence of an event (e.g., sexual abuse). © 1998 John Wiley & Sons, Ltd.     

Social learning in the digital age: Associations between technoference,mother-child attachment,and child social skills

Technoference refers to incidents in which technology use interferes with interpersonal exchanges (e.g., conversations, playing). Although research on technoference is in its infancy, there is preliminary evidence that mothers believe technoference has a detrimental impact on the social-emotional functioning of their child. The current study investigated the degree to which technoference was associated with attachment between mothers and their elementary-aged children. A second aim was to determine if the relationship between technoference and children's social-emotional functioning may be moderated by mother-child attachment. Surveys were completed by a sample of 80 mothers and their elementary-aged children. This study is unique in asking elementary-aged children to report their perceptions of parental technoference and the impact it has on their relationship with their mother and their own social-emotional functioning. More frequent technoference was associated with less secure mother-child attachment as rated by children, but not as rated by mothers. That is, frequent technoference may not significantly influence a mother's attachment to their child, but it is associated with a child's attachment to their mother. More frequent technoference was associated with decreased ratings by mothers regarding their child's social-emotional functioning. Furthermore, maternal attachment moderated the relationship between technoference and child externalizing behaviors, such that a more secure attachment served as a protective factor against the negative impact of technoference on child externalizing behaviors. However, attachment did not moderate the relationship between technoference and most social skills assessed in our study. Implications from this study are discussed, including ways to increase awareness of technoference among school personnel, parents, and youth.     

Expert testimony in child sexual abuse cases: The effects of evidence,coherence and credentials on juror decision making

Psychological experts have been used increasingly to testify in child sexual abuse cases, yet little research has investigated what specific factors make experts effective. This study examined the potential effects that credentials, evidence strength and coherence may have on juror decision making. Sixty‐four mock jurors read cases of child sexual abuse, followed by experts' testimony and rated guilt of the defendant, effectiveness of the expert testimony and credibility of the victim. Evidence strength and coherence of the testimony affected all dependent variables, and the interaction was significant. Guilt ratings of the defendant were lower and the victim was rated as less credible when both evidence strength and coherence were low. The credentials of the expert, however, had negligible impact. These findings indicate that experts can be effective and impact jurors when testimony is either high in coherence or high in evidence. Copyright © 2009 John Wiley & Sons, Ltd.     

Support Person Presence and Child Victim Testimony: Believe it or Not

This study examined the effects of support person presence on participants’ perceptions of an alleged child sexual abuse victim and defendant. Two hundred jury-eligible community members (n = 100 males) viewed a DVD of an 11-year-old girl's simulated courtroom testimony either with or without a female support person seated next to her. Participants found the child victim to be less accurate and trustworthy, and the defendant to be less guilty and less likely to have sexually abused children, when the support person was present. Participants who viewed the female support person (n = 100) believed that she had probably coached and spent a great deal of time with the child victim before testifying. Female participants perceived the child to be more accurate, and the defendant to be more guilty and likely to have sexually abused children, than male participants. The degree to which the child victim's testimonial behavior violated participants’ expectancies mediated the negative relation between support person presence and child victim accuracy and trustworthiness. Support person presence was positively associated with expectancy violation, which in turn was negatively associated with child victim accuracy and trustworthiness. These preliminary findings suggest that seating a support person next to an alleged child victim in court may have the unintended effect of decreasing the child's perceived credibility and, if replicated, suggest that alternative seating arrangements might be necessary. Copyright © 2015 John Wiley & Sons, Ltd.     

Counseling Sexually Abused Children

Cases of sexual abuse of children are being reported in increasing numbers. A large percentage of child sexual abuse occurs in or around the home. Family members, family friends, or known adults are most often the offenders. There are certain family factors likely to be operating in a child's sexual abuse and these factors must be explored with all family members. Sexual abuse can have many disturbing consequences for the child and the family. A counseling approach should be to help an abused child and the offender feel that they are still worthwhile individuals. Underlying issues in the family should also be explored. Paula Slager-Jorné is director of training at the Children's Center in Detroit, Michigan.     

Pre-trial therapy for child witnesses in cases of sexual abuse: A scoping literature review

Globally, child complainants of sexual abuse are expected to testify in criminal proceedings and in some countries therapy is delayed until after the child testifies as not to contaminate the child’s version of events. We carried out a scoping review of the literature on the provision of pre-trial therapy to child witnesses in cases of sexual abuse, to identity pertinent practice issues. We searched the following data bases: Academic FileOne, CINAHL, Cochrane Library, eBook (EBSCOHost); HeinOnline, OAPEN Library, PscyhARTICLS, PscyhINFO; SocINDEX, ScienceDirect, Google Scholar, and Scopus. We identified white and grey literature for the period spanning 1980 to 2016. Inclusion criteria included studies published in English, experimental studies, literature reviews, and policy documents relating to the provision of pre-trial therapy for child witnesses in criminal cases of sexual abuse. We discovered that an internationally accepted clear definition of pre-trial therapy is needed to ensure a common understanding thereof amongst all role players. A dearth of empirical studies exists and consequently the possible impact of different forms of therapeutic approaches on the child witness’ testimony is yet to be conclusively determined. In the interim, therapists and other role players should be acutely aware of the impact of different forms of therapy on the child witness’s testimony.     

A Differentiated Legal Approach to the Effects of Spousal Abuse on Children

Summary

In the past decade judges have started to recognize the destructive effects of spousal violence on children, but too many judges and justice system professionals still fail to take adequate account of spousal abuse when dealing with child related issues. Courts need to take a “differentiated” approach to spousal abuse, one that recognizes its different forms, nature and effects on adults and children, with a continuum of responses ranging from ordinary visitation, through supervision of exchanges or visitation, to termination of visitation. Canada should enact legislation that explicitly recognizes spousal abuse as a factor in child related disputes, increase education about domestic violence for judges and other justice system professionals, and provide more support for services such as supervised visitations programs. While this article focuses on Canadian developments and case law, there are similar issues in other countries.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

Understanding expert testimony on child sexual abuse denial after New Jersey v. J.L.G.: Ground truth,disclosure suspicion bias,and disclosure substantiation bias

The New Jersey Supreme Court held in New Jersey v. J.L.G. (2018) that experts can no longer explain to juries why sexually abused children might deny abuse. The court was influenced by expert testimony that “methodologically superior” studies find lower rates of denial. Examining the studies in detail, we argue that the expert testimony was flawed due to three problems with using child disclosure studies to estimate the likelihood that abused children are reluctant to disclose abuse: the ground truth problem, disclosure suspicion bias, and disclosure substantiation bias. Research identifying groups of children whose abuse can be proven without reliance on disclosure reveals that denial of sexual abuse is common among abused children.