Defense Attorneys’ Implicit Questioning of Minor Complainants in CSA Trials

ABSTRACT It is unclear how often defense attorneys ask child complainants questions with implied meanings. The present study examined the frequency and content of implied questions asked to 6- to 17-year-old children and analyzed how often children rebutted these questions. This study focused on cross-examinations (N = 122) of child complainants in Child Sexual Assault (CSA) trials. Content analysis revealed prevalent themes of implicit questions that alluded to child complainants having ulterior motives, having been coached, being untruthful, missing disclosure opportunities, having poor memory, and other credibility issues. Implicit questions were posed in 63% of cases, with children rebutting only 11% of implied inquiries. No significant correlations were found between the age of the child testifying and the frequency of implicit questions or rebuttals. However, as children age they are more frequently asked questions related to truthfulness and credibility issues and are less frequently asked implicit inquiries about coaching. These findings present novel evidence that children are frequently asked difficult to answer implicit questions that imply the child has ulterior motives, and that attorneys change the focus of the content of their implicit questions by age.