Courtroom Discussions about Children\u27s Sexual Abuse: An Examination of Prior Conversations about Disclosures, Non-Disclosures and Perpetrator Statements to Children about Abuse

This study explored the content of courtroom conversations about children\u27s prior discussions regarding sexual abuse. Sixty felony child abuse trial transcripts including child testimony and reviewing court opinions were collected from the Court of Appeal and from court reporters. Information was obtained from under Section 288 of the California Penal code (sexual abuse of a child under 14 years of age) filed in Los Angeles County from 1997 to 2001. For this study, transcript testimony was transcribed, extracted for the necessary information, coded, assessed for reliability, and analyzed. The findings indicate that conversations about children\u27s prior disclosure conversations, non-disclosure conversations, and conversations with perpetrators are present in nearly all cases of alleged child sexual abuse, although they only represent about 8% of questions asked of children. These courtroom conversations appear to mimic effects found throughout other child testimony research: children are often limited in their responsiveness unless open ended questions are asked and they rarely provide detailed content unless prompted to do so. The findings revealed that overt accusations, references to children\u27s motives for telling or not telling, and conversations with the perpetrator about abuse were infrequently discussed by attorneys when interviewing child witnesses about their alleged sexual abuse during trial testimony. This was surprising as these topics are often discussed in the empirical literature as important factors to consider when assessing children\u27s credibility. In the present study, children were often asked about what they disclosed generally, what was said during abusive acts, and what was (or was not) disclosed during specific prior conversations. Further, our results reflect that children\u27s ultimate credibility assessment, as assessed by the outcome of the trial, related to the presence of non-disclosure questions and not the presence of disclosure questions or conversations between the perpetrator and child; cases without non-disclosure questions consistently resulted in a conviction. This study provided a first step in assessing the content of courtroom conversations about children\u27s prior discussions about sexual abuse. Implications and future directions for research are discussed

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

This is the author accepted manuscript. The final version is available from Wiley via http://dx.doi.org/10.1002/bsl.2183This 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.This research was supported by NICHD Grant HD047290 to Dr. Thomas Lyon

The Productivity of Wh- Prompts in Child Forensic Interviews.

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts, and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.This research was supported in part by the Nuffield Foundation, Jacobs Foundation, an NICHD Grant HD047290, and an ESRC studentship.This is the author accepted manuscript. The final version is available from SAGE via http://dx.doi.org/10.1177/088626051562108

Describing Coercion in the Courtroom: The Influence of Language and Maltreatment Severity on Jurors' Perceptions of Child Witnesses

Regardless of compliance to coercion by an alleged perpetrator, child maltreatment is abuse in any form. However, the extent to which coercion is described as an obligation (mandatory compliance) or permission (optional compliance) is legally relevant. The present investigation examined how attorneys question children about coercion and how children describe coercion in courtroom investigations of alleged child sexual abuse, and whether such language influences jurors’ perceptions of children’s testimony. Study 1 assessed 64 transcripts of children’s testimonies and revealed that both attorneys and children use coercive language. Problematically, terms of permission were used when describing sexual abuse, potentially implying compliance was optional. Study 2 presented 160 adults with transcript excerpts, varied by coercive language (obligation or permission) and maltreatment type (sexual abuse or punishment). Coercive language influenced perceptions of coercion and whether the adult was to blame. Maltreatment type influenced perceptions of severity, credibility, and verdict. Overall, coercive language and maltreatment type influence perceptions of how the event unfolde

Young Children’s Ability to Describe Intermediate Clothing Placement

Children’s ability to adequately describe clothing placement is essential to evaluating their allegations of sexual abuse. Intermediate clothing placement (partially removed clothing) may be difficult for young children to describe, requiring more detailed explanations to indicate the location of clothing (e.g., the clothes were pulled down to the knees). The current study investigated 172 3- to 6-year-olds’ descriptions of clothing placement when responding to commonly used questions (yes/no, forced-choice, open-choice, where), as well as children’s on-off response tendencies when describing intermediate placement (i.e., labeling the clothing as fully on or off). Results revealed that where questions were superior in eliciting intermediate descriptions, even for the youngest children. Children sometimes exhibited tendencies to describe intermediate placements as “on” or “off,” which varied by question-type and clothing placement. The implications of the findings for interviewing young children about sexual abuse are discussed

Child witnesses productively respond to "How" questions about evaluations but struggle with other "How" questions

Child interviewers are often advised to avoid asking “How” questions, particularly with young children. However, children tend to answer “How” evaluative questions productively (e.g., “How did you feel?”). “How” evaluative questions are phrased as a “How” followed by an auxiliary verb (e.g., “did” or “was”), but so are “How” questions requesting information about method or manner (e.g., “How did he touch you?”), and “How” method/manner questions might be more difficult for children to answer. We examined 458 5- to 17-year-old children questioned about sexual abuse, identified 2485 "How” questions with an auxiliary verb, and classified them as “How” evaluative (n = 886) or “How” method/manner (n = 1599). Across age, children gave more productive answers to “How” evaluative questions than “How” method/manner questions. Although even young children responded appropriately to “How” method/manner questions over 80% of the time, specific types of “How” method/manner questions were particularly difficult, including questions regarding clothing, body positioning, and the nature of touch. Children’s difficulties lie in specific combinations of “How” questions and topics, rather than “How” questions in general

The effects of promising to tell the truth, the putative confession, and recall and recognition questions on maltreated and non-maltreated children’s disclosure of a minor transgression

This study examined the utility of two interview instructions designed to overcome children's reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions and whether instructions were differentially effective with age. A total sample of 217 4- to 9-year-old maltreated and comparable non-maltreated children and a stranger played with a set of toys. For half of the children within each group, two of the toys appeared to break while they were playing. The stranger admonished secrecy. Shortly thereafter, children were questioned about what happened in one of three interview conditions. Some children were asked to promise to tell the truth. Others were given the putative confession, and still others received no interview instructions. When coupled with recall questions, the promise was effective at increasing disclosures only among older children, whereas the putative confession was effective regardless of age. Across interview instruction conditions, recognition questions that did not suggest wrongdoing elicited few additional transgression disclosures, whereas recognition questions that explicitly mentioned wrongdoing elicited some true reports but also some false alarms. No differences in disclosure emerged between maltreated and non-maltreated children. Results highlight the potential benefits and limitations of different interviewing approaches when questioning reluctant children

The effects of the putative confession and parent suggestion on children's disclosure of a minor transgression

PurposeThis study examined the effects of the putative confession (telling the child that an adult "told me everything that happened and he wants you to tell the truth") on children's disclosure of a minor transgression after questioning by their parents.MethodsChildren (N = 188; 4 - 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview.ResultsChildren given the putative confession were 1.6 times more likely in free recall to disclose truthfully that toys had broken. Among children who failed to disclose during free recall, those who received the putative confession were 1.9 times more likely when asked yes/no questions to disclose true breakage. The putative confession did not decrease accuracy, and children who received the putative confession were 2.6 times less likely to report false toy play. Parent suggestion did not adversely affect the efficacy of the putative confession.ConclusionsThe current study demonstrates that children are often quite reticent to disclose transgressions, and that the putative confession is a promising avenue for increasing children's comfort with disclosing and minimizing their tendency to report false details, even in the face of suggestive questioning by parents