Defense Attorneys’ Implicit Questioning of Minor Complainants in CSA Trials

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Description
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

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.
Date Created
2024
Agent

The Role of Siblings Co-Reporting in Criminal Cases of Alleged Child Sexual Abuse

Description

In intrafamilial Child Sexual Assault (CSA) cases, siblings often confide in each other about their abuse. It is important for defense attorneys to question siblings about their conversations surrounding abuse to assess their credibility and honesty. The present study qualitatively

In intrafamilial Child Sexual Assault (CSA) cases, siblings often confide in each other about their abuse. It is important for defense attorneys to question siblings about their conversations surrounding abuse to assess their credibility and honesty. The present study qualitatively analyzes the content of questions defense attorneys are asking siblings in intrafamilial CSA cases across 67 transcripts. These questions were then categorized into four content categories which included confiding in which the child talked to their sibling about their abuse, co-preparing in which siblings discussed what they would say in court, disclosure in which they discussed whom to disclose the abuse to, and awareness in which they try to ascertain if a sibling was aware of another sibling’s abuse. Within the 67 selected transcripts 1,384 questions were asked about siblings but only 18% (n = 250) were about conversations between the siblings. Of these identified questions, 63.6% of questions asked about confiding, 13.6 % questions asked about co-preparing, 20% of questions asked about disclosure, and 2% of questions asked about awareness. This may indicate a need for these questions to be asked during the child’s forensic interview to elicit an accurate account. Children’s forensic interviews use protocols to help children produce detailed and accurate accounts of abuse and in trials children are likely to experience distress while providing testimony which may lead to a child misremembering or forgetting details of their abuse. Analyzing this study’s qualitative data could aid children undergoing legal procedures when reporting abuse.

Date Created
2024-05
Agent