The credibility of sexual abuse allegations: Child sexual abuse, adult rape, and sexual harassment

Allegations and denials of sexual abuse often occur in a context in which there is rarely decisive evidence. The present study investigated the credibility of allegations of three kinds of sexual abuse—child sexual abuse, adult rape, and sexual harassment—that also contained a denial by the alleged perpetrator. Perceptions of fair punishment were investigated for the perpetrator if he did actually commit these acts and for the accuser if she was lying. Results indicated that allegations were generally rated in the credible direction. Allegations of child sexual abuse were rated more credible than allegations of rape or sexual harassment. Females found all allegations more credible than males. Males were more likely to believe allegations in the child sexual abuse condition than either the rape or sexual harassment conditions. Females were more likely to believe sexual harassment allegations. Punishments were generally the most severe for child sexual abuse, and psychotherapy was a popular disposition for both perpetrators and those making false allegations.     

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.     

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.     

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.     

Testimony and evidence: a scientific case study of memory for child sexual abuse

Although case studies can provide insight into children's eyewitness memory, the typical lack of objective record limits evaluation of accuracy. In contrast, in this ‘scientific case study’, a detailed record of child sexual assault, documented by a ‘sex ring’ leader and confiscated by police, was available. In police interviews and courtroom hearings, four girls (8 to 15 years old at time of report) testified about sexual exploitation that involved eight adult men. The girls' allegations were compared with evidence contained in photographic and audiotaped records of the abuse. Overall, there was supportive evidence for about 80% of the allegations (85.6% of the alleged sexual acts; 42.9% of the alleged coercive acts; and 82.5% of the alleged preparatory acts). Levels of support for sexual act allegations were similar for all four girls, regardless of age, but the younger child made more unsupported allegations of coercive behaviour. Additionally, there were high levels of omission errors. Findings are discussed in the context of research on eyewitness testimony and child sexual abuse. Copyright © 2000 John Wiley & Sons, Ltd.     

On shame and the perceived credibility of sexual assault allegations

Despite the high incidence of sexual assault, doubt about allegations is common. Previous research suggests that victims expressing positive or no emotion are perceived as less credible than those expressing negative emotions. However, little is known about which specific negative emotional expressions contribute to credibility in this context. In two studies (N = 623), participants read a date rape vignette. The alleged victim's statement was paired with a picture of a female person expressing either shame, sadness, or no emotion. Participants rated the credibility of her account and completed a measure of rape myth acceptance. Controlling for rape myth acceptance, allegations were perceived as more credible when accompanied by an expression of shame versus sadness (a negative, low arousal control condition). It is critical to be aware of the shame-credibility bias in this context to intervene and support those who have experienced sexual assault.     

Judgment of the credibility of rape allegations: a content analytic field experiment]

This study explores the issue of whether allegations of rape can be correctly identified as true or false on the basis of a set of content criteria used successfully in previous studies with respect to children's accounts of sexual abuse. A sample of 30 authentic protocols of police interrogations of women reporting rape were selected for the study. Fifteen cases were classified as false accounts because the complaints eventually confessed to having fabricated their allegations. The remaining cases were classified as true rapes on the basis of medical and other corroborating evidence. A group of experienced police officers (N = 30) judged these cases in terms of their credibility on the basis of the 19 content criteria suggested by Steller & K?hnken (1989) and gave an overall judgment of the true vs. false nature of each statement. A second group of police officers (N = 22) judged the credibility of the statements without reference to these criteria. The findings from a series of discriminant function analyses showed that the set of criteria as a whole is successful in distinguishing between true and false rape allegations. The results of the stepwise discriminant function analyses reveal which criteria in particular contribute to the correct identification of true and false cases. However, the higher percentage of correct classifications in the group using the content criteria was only marginally significant compared to the second group judging the cases without reference to the criteria. Altogether, the findings of this study support the basic tenet of statement analysis that the linguistic features of a statement contain essential clues for assessing its credibility.     

Victim Recantation in Child Sexual Abuse Cases

Summary

This article explores the reasons for victim recantation in child sexual abuse cases, problems that surface with a recantation, and practical steps multidisciplinary professionals can take to prevent the recantation of truthful allegations. Secondly, the article discusses the roles of investigative team members in the investigation and evaluation of a victim's recantation and in the trial which may follow. Finally, the article addresses possible final outcomes of criminal court intervention and the team's role in continued support for the child.     

The assessment of child sexual abuse allegations: using research to guide clinical decision making

As reports of child sexual abuse (CSA) have risen, greater attention has been focused on how clinicians evaluate allegations of abuse. A common theme in the CSA assessment literature is to encourage comprehensive, multimodal assessments. This recommendation, however, is rarely accompanied by suggestions regarding how clinicians might integrate and differentially weight the information gathered. The present article is designed to address the issue of which sources of information clinicians should rely upon when conducting CSA assessments. Specifically, the commonly used indicators and procedures for assessing allegations of abuse are identified and then examined in light of their respective empirical literatures. It is concluded that medical examinations and the child's report are among the best sources of information, and should therefore be most heavily relied upon to arrive at accurate decisions. Clinicians are encouraged to adopt the mind set of a scientist conducting an a priori, hypothesis-driven research investigation. This approach should help clinicians avoid the temptation of post hoc analyses that reflect personal biases more than the actual data. © 1998 John Wiley & Sons, Ltd.     

Mock Jurors' Evaluations of Child Sexual Abuse: The Impact of Memory Recovery and Therapeutic Intervention

The present research assessed whether mock jurors' decisions in a case involving allegations of child sexual abuse would be influenced by (1) the nature of the plaintiff's memory of the abuse (repressed, nonrepressed) and (2) therapeutic intervention (present, absent). Participants (N=123) were given a trial summary in which the plaintiff's memory and involvement in therapy were systematically varied to produce four conditions. Although verdicts varied only by sex of participant, some judgments of the plaintiff's claim were more favorable to the plaintiff in the non-repressed condition. Female participants were also less likely to believe that the claim involving memory repression was truthful when the woman was in therapy as opposed to not in therapy. Results also indicated that people who were aware of “False Memory Syndrome” were more likely to think the plaintiff was lying and less likely to think she was telling the truth compared to those who were not aware.     

Careful calculation or a leap of faith? A field study of the translation of CBCA ratings to final credibility judgements

This field experiment investigated the influence of Criteria‐Based Content Analysis (CBCA) ratings on ultimate decision accuracy regarding the credibility of children's statements of sexual abuse. Following a selection procedure, based on case facts independent of statement quality, 21 truthful accounts and 10 fabricated accounts of 6‐ to 17‐year olds were analysed. Two experts rated the presence of the CBCA criteria and made overall credibility judgements for each statement. Rater one achieved an overall hit rate of 84% (95% for truthful statements and 60% for fabricated statements) and rater two a hit rate of 81% (81% for both truthful and fabricated statements) but the raters did not always agree. The CBCA criteria appeared more often in the truthful statements compared to the fabricated statements. Additional factors that influenced raters' credibility judgements, besides CBCA scores, are discussed. Copyright © 2010 John Wiley & Sons, Ltd.     

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.     

Child sexual abuse allegations during custody litigation: Conflicts between mental health expert witnesses and the law

This article describes (1) an intrafamilial child sexual abuse case and (2) the multidisciplinary research project which developed from its outcome. The research project., in existence since 1987, is a task force of the Committee an Children, Youth, and Families of the New Jersey Psychological Association and is co-sponsored by the Committee on Child Psychiatry of the New Jersey Psychiatric Association. The research aims at developing an objective behavioral assessment instrument to validate child sexual abuse allegations, and at achieving a clinical-legal consensus regarding the credibility of the instrument. Ranking, reliability, and validity studies are described.     

Do Prosecutors Use Interview Instructions or Build Rapport with Child Witnesses?

This study examined the quality of interview instructions and rapport-building provided by prosecutors to 168 children aged 5–12 years testifying in child sexual abuse cases, preceding explicit questions about abuse allegations. Prosecutors failed to effectively administer key interview instructions, build rapport, or rely on open-ended narrative producing prompts during this early stage of questioning. Moreover, prosecutors often directed children's attention to the defendant early in the testimony. The productivity of different types of wh- questions varied, with what/how questions focusing on actions being particularly productive. The lack of instructions, poor quality rapport-building, and closed-ended questioning suggest that children may not be adequately prepared during trial to provide lengthy and reliable reports to their full ability. Copyright © 2015 John Wiley & Sons, Ltd.     

Forensic sexual abuse evaluations of older children: Disclosures and symptomatology

This study examines the results of forensic evaluations of 399 children between the ages of 8 and 15 who were seen at an urban evaluation center regarding allegations of sexual abuse. Data collected included demographic, family environment, and abuse variables, outcome of a multidisciplinary forensic evaluation, and psychological distress as measured by the Trauma Symptom Checklist for Children (TSCC Briere, in press). Children were grouped according to the outcome of the evaluation: nonabused, abused-disclosing, and abused-nondisclosing (composed of children for whom there was external evidence of abuse but who denied being abused). A number of variables predicted group membership, including subject race, sex, cognitive delays, mother's belief or disbelief in the allegation, and psychological distress. Sexually abused children who disclosed abuse reported particularly high levels of distress, abused but nondisclosing children reported the lowest levels, and nonabused children reported intermediate symptom levels. The data are discussed in terms of the role of denial, maternal support, and symptomatology in forensic evaluations.     

Child Abuse and Divorce

Summary

This article addresses the problem of divorce situations in which there are also allegations of abuse. Its goal is to provide guidance for professionals evaluating these cases. It describes the challenges peculiar to cases where divorce and abuse allegations coexist, relevant research findings, and potential sources of bias. The article suggests a multidisciplinary approach may be the optimal strategy for evaluating these cases. Specific guidelines for evaluation and decision-making are provided.     

To prosecute or not to prosecute: Law students' judicial decisions in CSA cases

Child sexual abuse (CSA) investigations are complicated and few cases are prosecuted. The aim of the present study was to investigate judicial decisions in CSA investigations. Seventy‐one law students (42 females, 29 males) read a vignette depicting a CSA investigation, assessed the complainant's and the accused's credibility, and if the case should be prosecuted or not. The participants were assigned to one of four conditions defined by a 2 (evidence: high probative value vs. low probative value) × 2 (complainant demeanour: emotional vs. neutral) factorial design. Females assigned higher credibility to the complainant than did males and males assigned higher credibility to the accused than did females. Emotionality, but not evidential value, affected credibility judgements: Females believed less in the suspect when the child behaved in an emotional manner. Most participants (94.4%) thought that the case should be prosecuted, though only 73.2% believed that prosecution could be corroborated. Corroboration of prosecution was affected by evidential value, but not emotionality. The results indicate that the behavior of alleged crime victims might affect males and females differently, which in turn could lead to biased judicial decisions in CSA investigations.     

“Man Is a Wolf to Man”: Disorders of Dehumanization in Psychoanalysis

A key component of dehumanization is the loss of personal credibility experienced by victims whose trauma and abuse have gone unwitnessed or unconfirmed. The scant or doubtful attention to victimization in orthodox psychoanalytic theory, where the late introduction of the destructive instinct favored analysis of the predator, has only underscored the victim's anonymity—a conspicuous shortcoming in our time of genocide and crimes against humanity. Yet victimization, as illustrated in this paper's case material, reveals relational conflict as compelling as classical intrapsychic conflict: between urges to keep silent or to speak and between concealment and habituation to human abandonment or reparative search for witness. What therapeutic neutrality is to psychic reality, therapeutic witness is to the recovery of social reality and one's right to live in it.