Factors influencing juror verdict in a case involving repressed memories of abuse

Mental health professionals acting as expert witnesses are expected to testify about the prevalence of sexual abuse, and also about the veracity of memory. In cases involving adult survivors of sexual abuse, this testimony is typically about repressed and false memory syndromes. Many professionals have noted concerns about the lack of definitive data to support either syndrome. This study examined the following variables: juror knowledge and experience with repressed and false memory syndromes, juror attitudes about sexual abuse and memory recovery techniques, and gender of juror on verdict. Results include effects for repressed memory knowledge/experience and gender. Gender differences were found regarding attitudes about abuse and memory. Concluding comments include practical and research implications of the study results.     

Effects of Victim,Defendant, and Juror Gender on Decisions in Child Sexual Assault Cases1

We examined the combined influence of juror, victim, and defendant gender on jurors’ decisions in child sexual abuse cases. Mock jurors read scenarios of an assault case involving a man or woman defendant accused of molesting a 15‐year‐old boy or girl. Jurors then rendered verdicts and rated the defendant's and victim's believability and responsibility for the abuse. Female jurors were generally more pro‐victim in case judgments than were male jurors. Additionally, a woman perpetrator was evaluated more leniently than was a man perpetrator, especially by male jurors when the victim was a boy. Case judgments were unrelated to jurors’ social conservatism, sexism, or attitudes toward homosexuality. Results have implications for understanding social perceptions of mixed‐ and same‐gender abuse involving adolescent victims, and juror decision making in man‐ and woman‐perpetrated child sexual assault cases.     

A New Solution to the Recovered Memory Debate

ABSTRACT— The controversy regarding recovered memories of childhood sexual abuse (CSA) has been characterized by two perspectives. According to one perspective, some people repress their memories of abuse because these experiences have been so emotionally traumatic, and they become capable of recalling the CSA only when it is psychologically safe to do so many years later. According to the other perspective, many reports of recovered memories of sexual abuse are false memories, often inadvertently fostered by therapists. In this article, we provide evidence for a third interpretation that applies to a subset of people reporting recollections of CSA; it does not require the concepts of repression, trauma, or false memory. These people did not experience their CSA as traumatic; they either failed to think about their abuse for years or forgot their previous recollections, and they recalled their CSA spontaneously after encountering reminders outside of psychotherapy. Their recovered memories are corroborated at the same rate as those of people who never forgot their abuse. Hence, recalling CSA after many years is not the same thing as having recalled a previously repressed memory of trauma.     

Factors to consider in assessing adult litigants' complaints of childhood sexual abuse

Based on limited research, clinical and forensic experience and observations, factors hypothesized to be potentially useful in forensic evaluation of claims of decades-delayed discovery of childhood sexual abuse are delineated. Factors considered include: (1) alleged victim factors, (2) memory factors, (3) therapist/examiner factors, (4) external influences on the abuse account, (5) evidential patterns. Differences among a limited sample of cases seen by the author are described. Present knowledge does not provide a basis for reliable determination of whether a specific recollection is true or false, based only upon the claimant's account. At this time, there is no empirically validated method for discriminating valid from invalid cases. Experts testifying for either side must exercise caution and restraint as it may be premature and even unethical in many cases to propound opinions about the validity or invalidity of the memories.     

Beliefs about factors affecting the Reliability of eyewitness testimony: A Comparison of judges,jurors and the general public

We surveyed 164 members of the juror pool of the Court of Appeal and a representative sample of 1000 adult Norwegians without juror experience, about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of Norwegian judges. Although the judges were somewhat more knowledgeable than jurors and the general public, all groups had limited knowledge of eyewitness testimony. Juror experience, in terms of number of times serving as juror, did not correlate with eyewitness knowledge. Consistent with this finding, the knowledge scores of the jurors were similar to the scores of the general public, tested with an abridged seven‐item version of the questionnaire. Comparisons with the results of surveys conducted in the US, indicate similar levels of knowledge among law professionals and jurors in the two countries. Increasing the knowledge of eyewitness testimony among the principal participants in the judiciary system may be an important component of the solution to eyewitness error. Copyright © 2009 John Wiley & Sons, Ltd.     

A Comparison of Anglo-American and Mexican-American Jurors' Judgments of Mothers Who Fail to Protect Their Children from Abuse1

Two studies were conducted to determine if people with an individualist cultural background differ from those with a collectivist cultural background (Triandis, 1990) in their adjudication of mothers who fail to protect their children from abuse. In the first study, 452 students evaluated the case of a mother accused of failure to protect her son from physical abuse. In the second study, an additional 334 subjects considered a case of a mother's failure to protect her daughter from sexual abuse. While the verdicts depended on the gender of the juror, female jurors were significantly more likely to convict the defendant; the verdict was independent of ethnicity. However, ethnicity did influence sentencing and whether the juror recommended that the defendant serve time. The results are discussed in terms of cultural influences on discretionary decisions.     

False recognition in women reporting recovered memories of sexual abuse

False recognition—the mistaken belief that one has previously encountered a novel item—was examined in four groups of subjects: women reporting recovered memories of childhood sexual abuse, women who believe that they were sexually abused as children but who cannot recall this abuse (the "repressed" group), women who were sexually abused as children and always remembered the abuse, and women with no history of childhood sexual abuse. Subjects were administered a Deese/Roediger-McDermott paradigm. The results suggest that the recovered-memory group was more prone to false recognition than the other groups. In addition, women reporting recovered and repressed memories showed greater reduction in false recognition across study trials than did other subjects, perhaps reflecting strategic changes in performance.     

Childhood sexual behavior as an indicator of sexual abuse: professionals' criteria and biases

Some sexual behaviors are related to child sexual abuse experiences, but none unequivocally. Therefore, professionals might use non-empirical-based criteria and be biased when detecting and reporting victims. To check this hypothesis, we presented 974 Spanish and Latin American professionals from different fields (Psychology, Education, Health, Social Services, Justice, and Police Force) with hypothetical situations of child sexual behavior (varying the sex, age and behavior) by using an experimental vignette method based on Factorial Survey. Participants were asked to indicate whether such behaviors are a sign of abuse and whether they would report them. We also measured demographic, academic, professional and attitude factors. According to the analysis, professionals' suspicion of abuse is more affected by personal factors, whereas their reporting intention depends more on situational factors. The main criterion adopted is the type of sexual behavior, with professionals being more likely to suspect and report in response to aggressive sexual behavior and precocious sexual knowledge. Professionals' attitudes to sexuality seem to generate biases, as those who are erotophobic are more likely to suspect abuse. None of the sexual behaviors was seen as evidence of abuse.     

Connections between experience, beliefs, scientific knowledge, and self-evaluated expertise among investigators of child sexual abuse in Finland

The purpose of this study was to investigate whether clinicians investigating child sexual abuse (CSA) rely more on scientific knowledge or on clinical experience when evaluating their own expertise. Another goal was to check what kind of pre-trial beliefs the clinicians had. The connections between these different factors were investigated. A questionnaire covering items concerning demographic data, experience, knowledge about CSA, self-evaluated expertise and beliefs about CSA was given to 126 social workers, 60 child psychiatrists and 134 psychologists. The results showed that the clinicians relied more on their clinical experience than on scientific knowledge when evaluating their expertise as investigators of CSA. Furthermore, social workers possessed stronger attitudes in favor of children than the other groups, while child psychiatrists had more negative attitudes towards the criminal justice system. Male participants had less strong beliefs than did the female participants. The findings indicate that the education of CSA investigators should focus more on theoretical knowledge and decision-making processes as well as the role of pre-trial beliefs.     

Sexual Abuse Prevention for Individuals with Mental Retardation: Considerations for Genetic Counselors

It is now widely recognized that children, adolescents, and adults with mental retardation are especially vulnerable to sexual abuse. Because at least 10% of genetic conditions are reported to include mental retardation as a feature, the provision of services to individuals with mental retardation represents a substantial portion of the case load for many genetic counselors. Our objective is to educate genetic counselors and other health professionals about this vulnerable population in order to enhance the frequency and efficacy of inquiry into sexual education and sexual abuse prevention training for patients with mental retardation. The following review article is intended to assist genetic counselors by increasing their knowledge of factors that lead to sexual abuse and provides recommendations for integrating this information into the counseling interaction.     

Effects of Victim and Defendant Race on Jurors' Decisions in Child Sexual Abuse Cases1

We examined the influence of victim and defendant race, victim age, juror gender, and juror prejudice on jurors' decisions in child sexual abuse cases. In Experiments 1 and 2, mock jurors judged Black and Hispanic child victims to be more responsible for their sexual abuse than White victims. In Experiment 2, jurors assigned more guilt to defendants in cases involving victims and perpetrators of the same race compared to different races. Experiment 3 illustrated that laypeople believe same‐race cases to be more plausible generally. Experiment 2 revealed that high‐prejudiced White mock jurors made no more racially biased judgments than low‐prejudiced mock jurors. Finally, women were generally more pro‐victim in their case judgments than were men, and older victims were disadvantaged compared to younger victims in terms of perceived credibility and responsibility, and their cases were less likely to draw convictions.     

Sex and Aggression: The Relationship Between Gender and Abuse Experience in Youngsters Referred to Residential Treatment

We examined the relationship of gender and different forms of abuse experience on internalizing symptoms, externalizing symptoms, and IQ in a sample of 397 youngsters who were admitted to a residential treatment program. Three types of abuse experience were examined in this study: sexual abuse only, physical abuse only, and both sexual and physical abuse. Results indicate that girls exhibited higher levels of internalizing and externalizing symptoms even though abuse experience was accounted for in the analyses. Moreover, youngsters who had experienced sexual abuse (but not physical abuse) exhibited higher levels of internalizing and externalizing symptoms than youngsters who had not been abused. Implications for developing individualized interventions based on gender and abuse experience in residential treatment programs is discussed.     

Enhancing the credibility of complainants in child sexual assault trials: the effect of expert evidence and judicial directions

This study investigated the knowledge and misconceptions of jury‐eligible citizens about children's reliability as witnesses and responses to child sexual assault (CSA), and examined the influence of expert evidence and judicial directions in challenging common misconceptions. Community volunteers (N = 130) read one of five versions of a simulated jury trial, and completed a pre‐ and post‐trial questionnaire to provide measures of their knowledge of children's responses to sexual abuse, perceptions of victim credibility, and verdict. Results revealed that endorsement of CSA misconceptions negatively impacted ratings of complainant credibility and verdicts. Judicial directions provided before the child complainant testified enhanced complainant credibility, which in turn predicted guilty verdicts. Comparisons of the effectiveness of two procedural legal mechanisms to manage juror misconceptions and improve knowledge about CSA provide guidance for future researchers investigating ways to increase fairness in cases of CSA. Copyright © 2010 John Wiley & Sons, Ltd.     

Religiosity,Spirituality, Sexual Attitudes,and Sexual Behaviors Among College Students

The purpose of this study was to determine whether religiosity, spirituality, and sexual attitudes accounted for differences in sexual behaviors among college students. The sample included 960 college students enrolled at four northeastern colleges. Results indicated differences in sexual attitudes, religiosity, and spirituality by gender. Moreover, sexual attitudes, religiosity, and spirituality were associated with sexual behaviors among college students. Sexual behaviors among males were influenced by their sexual attitudes, religiosity, and spirituality, while for females, their sexual behaviors were mostly influenced by their sexual attitudes. College health professionals can use these findings when discussing sexual practices with students.     

Cultural, contextual, and intrapersonal predictors of risky sexual attitudes among urban African American girls in early adolescence

The role of cultural factors in explaining sexual attitudes among African American urban girls, aged 10-13 years, was investigated in this study. The authors predicted that girls with higher school interest, family cohesion, religiosity, and behavioral self-esteem would endorse less risky sexual attitudes. Also, older girls were expected to have more risky sexual attitudes than younger girls, and girls from 1- rather than 2-parent households were expected to have more risky sexual attitudes. The authors hypothesized that ethnic identity and gender role orientations would contribute to explaining variability in sexual attitudes after controlling for contextual and intrapersonal variables. A questionnaire containing measures of the study constructs was administered to 214 girls who were participants in a substance abuse prevention program. Pretest data were used in analyses. A final regression model accounted for 23% of the variance in sexual attitudes. Age and behavioral self-esteem were significant predictors, with younger teens and teens with higher behavioral self-esteem having less risky sexual attitudes. Cultural variables contributed to explaining variation in sexual attitudes after other variables were controlled for. Higher levels of ethnic identity were associated with less risky sexual attitudes. A masculine gender role orientation was associated with more risky sexual attitudes.     

A prospective study of memory for child sexual abuse: new findings relevant to the repressed-memory controversy

Previous research indicates that many adults (nearly 40%) fail to report their own documented child sexual abuse (CSA) when asked about their childhood experiences. These controversial results could reflect lack of consciously accessible recollection, thus bolstering claims that traumatic memories may be repressed. In the present study, 175 individuals with documented CSA histories were interviewed regarding their childhood trauma. Unlike in previous studies, the majority of participants (81%) in our study reported the documented abuse. Older age when the abuse ended, maternal support following disclosure of the abuse, and more severe abuse were associated with an increased likelihood of disclosure. Ethnicity and dissociation also played a role. Failure to report CSA should not necessarily be interpreted as evidence that the abuse is inaccessible to memory, although inaccessibility or forgetting cannot be ruled out in a subset of cases.     

Sexual abuse allegations in divorce and custody disputes

Child sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.     

Autobiographical memory specificity in adults reporting repressed,recovered, or continuous memories of childhood sexual abuse

Some psychotherapists believe that adult survivors of childhood sexual abuse (CSA) are characterised by memory deficits for their childhood. Using the Autobiographical Memory Test (AMT), we asked nonabused control participants and participants who reported either continuous, recovered, or repressed memories of CSA to retrieve a specific personal memory in response to either positive or negative cue words from either childhood or adolescence/adulthood. The results indicated that participants who believed they harboured repressed memories of abuse tended to exhibit the greatest difficulty retrieving specific memories from their childhood. Neither posttraumatic stress disorder (PTSD) nor major depression was related to diminished memory specificity.     

Recovering memories of trauma: A view from the laboratory

The controversy over the validity of repressed and recovered memories of childhood sexual abuse (CSA) has been extraordinarily bitter. Yet data on cognitive functioning in people reporting repressed and recovered memories of trauma have been strikingly scarce. Recent laboratory studies have been designed to test hypotheses about cognitive mechanisms that ought to be operative if people can repress and recover memories of trauma or if they can form false memories of trauma. Contrary to clinical lore, these studies have shown that people reporting CSA histories are not characterized by a superior ability to forget trauma-related material. Other studies have shown that individuals reporting recovered memories of either CSA or abduction by space aliens are characterized by heightened proneness to form false memories in certain laboratory tasks. Although cognitive psychology methods cannot distinguish true memories from false ones, these methods can illuminate mechanisms for remembering and forgetting among people reporting histories of trauma.