Samantha J. Andrews

The effects of age and delay on responses to repeated questions in forensic interviews with children alleging sexual abuse.

We examined transcripts of forensic interviews with 115 children aged between 3 and 12 years, interviewed between 1 day and 18 months after allegedly experiencing a single incident of sexual abuse. Repeated questions were categorized with respect to the reasons why interviewers asked questions again, how interviewers asked repeated questions, and how children responded. On average, interviewers asked 3 repeated questions per interview. As age increased, the frequency of question repetition declined but there was no association between repetition and delay. Interviewers most often repeated questions for clarification (53.1%), but questions were also repeated frequently to challenge childrens previous responses (23.7%), and for no apparent reason (20.1%). In response, children typically repeated (54.1%) or elaborated on (31.5%) their previous answers; they contradicted themselves less often (10.8%). Questions repeated using suggestive prompts were more likely to elicit contradictions. There was no association between age or delay and the reasons why questions were repeated, how they were repeated, and how children responded. These findings emphasize the importance of training forensic interviewers to repeat questions only when the children or interviewers seek clarification and to encourage children who are anxious or reluctant to disclose. All repeated questions should be open-ended and interviewers should explain to children why questions are being repeated.

Challenging the credibility of alleged victims of child sexual abuse in Scottish courts

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defense lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defense lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to resist was significantly lower for questions focused on specific rather than general inconsistencies, and peripheral rather than central content. Overall, children resisted credibility challenges more often when the aim and content of the question could be understood easily. As this was a field study, the accuracy of children’s responses could not be assessed. The findings suggest that credibility-challenging questions that place unrealistic demands on children’s memory capacities (e.g., questions focused on peripheral content or highly specific details) occur frequently, and that juries should be made aware of the disproportionate effects of such questioning on the consistency of children’s testimony.

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.

The construction of allegedly abused children's narratives in Scottish criminal courts

ABSTRACT This study investigated lawyers’ use of social narratives surrounding child sexual abuse when questioning 66 5- to 17-year-old alleged victims in Scottish criminal courts using a mixed-methods approach. Thematic analysis found that the use of beliefs and stereotypes varied depending upon the lawyers’ role (defense/prosecution), children’s age, and the alleged victim-defendant relationship. These findings were investigated further using narrative analysis, which showed that, with increasing age and decreasing familiarity with defendants, narratives increasingly focused on the characteristics and actions of the victims rather than the defendants. Older children contributed more to narratives than younger children, but their contributions were only incorporated into the prosecutors’ narratives. Defense lawyers adopted more victim-blaming tactics as the narratives developed. Findings suggest that the criminal justice system, practitioners, and researchers must do more to recognize and guard against the reinforcement of stereotypes that may influence public rhetoric and jury decision-making.

Lawyers’ Question Repetition and Children’s Responses in Scottish Criminal Courts:

This study examined the effects of repeated questions (n = 7,968) on fifty-six 5- to 17-year-olds’ testimony in child sexual abuse cases in Scottish criminal courts. We examined transcripts of direct- and cross-examinations, categorizing how lawyers asked repeated questions in court and how children responded. Defense lawyers repeated more questions (39.6% of all questions asked) than prosecutors (30.6%) and repeated questions using more suggestive prompts (52% of their repeated questions) than prosecutors (18%) did. In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by repeated suggestive prompts posed by defense lawyers. Younger children were asked more repeated questions than older children, but child age was not associated with the types of questions repeated or with how children responded to repetition. Questions repeated after delays elicited more self-contradictions than questions repeated immediately. Most repeated questions (69.2%) were repeated more than once, yet no “asked-and-answered” objections were ever raised. Overall, the findings suggested that lawyers frequently ask children “risky” repeated questions. Official judicial guidance and training is needed to help identify and limit the inappropriate repetition of questions.