Legal and psychological perspectives on children’s competence to testify in court

Developmental Considerations in How Defense Attorneys Employ Child Sexual Abuse and Rape Myths When Questioning Alleged Victims of Child Sexual Abuse

Myths and misconceptions surrounding the nature of sexual assault play a role in shaping the perceptions of victims as credible and perpetrators as culpable. Defense attorneys often capitalize on myths in court as an element of their defense strategies. Researchers have established that myths about both rape generally, and child sexual abuse (CSA) specifically, appear with regularity in criminal trials of children who have made an allegation of CSA. Yet no work has systematically and quantitatively examined the impact of a child's age on the probability that attorneys will ask a myth-consistent question in criminal trials of CSA. In the current study, we examine 6,384 lines of questioning across 134 criminal trials of CSA to assess whether defense attorneys employ developmentally sensitive strategies when asking children questions that draw upon myths about sexual violence (CSA myths: disclosure myths, extent of harm, a child's positive relationship with their perpetrator, and the presence of witnesses; Rape myths: force and resistance, motives to lie, victim precipitation, and character issues). We found that attorneys did not vary their use of CSA myths by the age of the child. However, the probability that a child would receive a rape myth-consistent line of questioning, increased with a child's age. This work suggests that attorneys are, at times, strategic in their use of myths and employ these adult rape myths in ways that are plausible, purposeful, and likely impactful. The strategic use of these questions may acknowledge young children's limited development but may place too great a demand on older children's developmental capacities. Prosecutors should be prepared to counterquestion these myths in redirect examination.

Differential effects of direct and cross examination on mock jurors' perceptions and memory in cases of child sexual abuse

When children testify in cases of child sexual abuse (CSA), they often provide minimal responses to attorneys' questions. Thus, how attorneys ask questions may be particularly influential in shaping jurors' perceptions and memory for case details. This study examined mock jurors' perceptions after reading an excerpt of a CSA trial transcript. Participants' memory of the excerpt was tested after a two-day delay. We examined how reading a direct or cross-examination excerpt that included either high or low temporal structure impacted participants' perceptions, verdict decisions and memory reports. We found that participants who read a direct examination excerpt rated the child witness as more credible, were more likely to convict the defendant and had more accurate memory reports than those who read a cross-examination excerpt, regardless of temporal structure. Suggestions for improving jurors' comprehension and recall of child statements presented as evidence in CSA cases are discussed.

Recently arrived refugee children: The quality and outcomes of Best Interests of the Child assessments

Best Interests of the Child (BIC) assessments provide migration authorities with behavioral information about which interests of the child could be taken into account before a decision is made on the request for a residence permit. This study provides insight into the quality and outcomes of BIC assessments with 16 unaccompanied children (15-18 years) and 11 accompanied children (4-16 years) who have recently arrived in the Netherlands and requested asylum (N = 27). The results suggest that BIC assessments provide relevant information that enables assessors to determine the best interests of recently arrived refugee children. The inter-rater reliability of the BIC-Questionnaire, an instrument that evaluates the child-rearing environment and that is one of the components of the BIC assessment, was fairly good. The children in the sample had experienced a high number of stressful life events and a majority reported trauma related stress symptoms or other emotional problems. The quality of the child-rearing environment in the country of origin had protected their development insufficiently in the past and would not protect their development sufficiently in the future. The results show that in many cases forced return to the country of origin can put children's development at risk.

Children as alibi witnesses: the effect of age and confidence on mock-juror decision making

This study investigated the influence of child alibi witness age and confidence upon mock juror decision making. Participants (N = 145) read a mock murder trial transcript containing the evidence of a defendant and a corroborating child alibi witness. Six versions of the trial transcript were created manipulating the alibi witness's age (8, 12, 16 years of age) and the confidence they displayed (high, low) while giving evidence. Despite a tendency towards returning not-guilty verdicts, no associations between alibi witness age, confidence and verdicts were found. However, confident alibi witnesses were perceived as more honest, accurate and reliable than unconfident alibi witnesses. The findings do not support the two-factor model of witness credibility, but do suggest that the alibi scepticism commonly found towards adult alibi witnesses may not extend as strongly towards children corroborating the defendant's alibi. More research is required before policy recommendations can be made.