Examining the content, frequency and relationship to case characteristics: jury questions in criminal cases of alleged child sexual abuse

When children allege sexual abuse, there is rarely medical evidence or eyewitnesses, making their testimony in trial a primary factor in assessing their credibility. However, little is known about what may be unclear to jury members making verdict decisions. In some districts, jury members are allowed to ask questions of the child witness at the end of their testimony. The current study utilizes a sample of trial transcripts from Maricopa County, Arizona where children ages 5-17 years old have alleged some form of sexual abuse; a jurisdiction where jury members are permitted to ask written questions. Cases were analyzed to assess: 1) if jury questions were asked and how often these questions occurred, 2) what content they asked about, and 3) whether occurrence or frequency of jury questions related to case characteristics (i.e. child age, child-perpetrator relationship, severity of abuse, frequency of abuse). It was hypothesized that 1) juries would ask questions mostly about the dynamics of abuse and disclosure, 2) these questions would primarily clarify information previously discussed by attorneys during direct- and cross-examination (instead of asking new inquiries that went undiscussed during testimony), 3) there would be more jury questions as child age increases and 4) more serious cases (based on case characteristics) would have more jury questions. Results were mixed. Jury members often asked about the dynamics of abuse and disclosure (abuse details, statements regarding abuse, the child’s subjective reactions), but case characteristics of child age, child-perpetrator relationship, and severity of abuse did not have a relationship with the presence of jury questions. However, cases where children alleged multiple instances of abuse were more likely to receive jury questions, which may allude to the misconception that children would disclose abuse right away and not let multiple instances occur. Although the sample size is small for generalization, it is an important first step for future research to further examine jury questions, improve attorney questioning techniques, and better educate the general public about the dynamics of child sexual abuse cases.