Inconsistencies in complainant's accounts of child sexual abuse arising in their cross-examination

Pichler, Anne Sophie; Powell, Martine B.; Sharman, Stefanie J.; Zydervelt, Sarah; Westera, Nina; Goodman‐Delahunty, Jane

doi:10.1080/1068316x.2020.1805743

Cited by 8 publications

(7 citation statements)

References 39 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In support of this, barristers asked proportionally more Invitation Open questions in the RI condition. Whilst these have been associated with inconsistencies (due to the longer answers they elicit) (Pichler et al, 2020), they are in accord with best practice (Ministry of Justice, 2011), are least likely to lead the witness , and are highly valued by practitioners (Magnusson et al, 2020). Invitation Open questions were, nevertheless, relatively rare, as reported in real cases (e.g., Andrews & Lamb, 2016;Pichler et al, 2020;Zajac et al, 2018) Other findings concerning the barrister questions were harder to interpret.…”

Section: Discussionmentioning

confidence: 99%

“…Whilst these have been associated with inconsistencies (due to the longer answers they elicit) (Pichler et al, 2020), they are in accord with best practice (Ministry of Justice, 2011), are least likely to lead the witness , and are highly valued by practitioners (Magnusson et al, 2020). Invitation Open questions were, nevertheless, relatively rare, as reported in real cases (e.g., Andrews & Lamb, 2016;Pichler et al, 2020;Zajac et al, 2018) Other findings concerning the barrister questions were harder to interpret. Invitation Closed (true information) questions were significantly higher in RI interviews (33%) than in other interviews (range 18%-24%), although no group differences emerged for Invitation Closed (false information) questions.…”

Section: Discussionmentioning

confidence: 99%

“…Whilst these have been associated with inconsistencies (due to the longer answers they elicit) (Pichler et al, 2020), they are in accord with best practice (Ministry of Justice, 2011), are least likely to lead the witness (Henderson et al, 2019), and are highly valued by practitioners (Magnusson et al, 2020). Invitation Open questions were, nevertheless, relatively rare, as reported in real cases (e.g., Andrews & Lamb, 2016; Pichler et al, 2020; Zajac et al, 2018). Rates here ranged from 4% to 5% in non‐RI conditions, to 12% in RI cross‐examinations.…”

Section: Discussionmentioning

confidence: 99%

“…Almost 90% of witnesses under 11‐years do not understand questions they are asked at court (Plotnikoff & Woolfson, 2009). Further, almost 95% of cross‐examination transcripts of child sexual abuse cases reveal inconsistencies, largely between what is said in police interviews relative to subsequent cross‐examination (Pichler et al, 2020). Worryingly, a comparative study of child sexual abuse case transcripts in Australia found no improvements in the format of questions used over the past 60 years (leading questions still predominated), with more questions asked, which were more likely to be complex (Zajac et al, 2018).…”

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Intermediaries and cross‐examination resilience in children: The development of a novel experimental methodology

Henry

Crane

Millmore

et al. 2021

Applied Cognitive Psychology

View full text Add to dashboard Cite

Experimental studies examining child 'witnesses' under cross‐examination typically rely on researchers questioning children using a 'barrister's script'. In the current research, experienced barristers used a defence statement from a mock perpetrator (who committed a theft 11 months earlier) to challenge typically developing children's evidence under cross‐examination. We also assessed whether Registered Intermediaries (RIs), trained professionals who facilitate communication between vulnerable witnesses and members of the justice system, help children reduce compliance with misleading cross‐examination suggestions. Results demonstrated that children (6–11 years) complied with barristers' challenges to a high degree: 94% agreed with at least one of the barristers' seven false suggestions. However, when assisted by an RI, children were significantly less compliant with barrister challenges. These findings, and additional analyses of the nature of child responses and barrister questions, provide novel exploratory evidence for the beneficial role of RIs in tempering the adverse effects of cross‐examination style questioning for children.

show abstract

Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

“…Whilst these have been associated with inconsistencies (due to the longer answers they elicit) (Pichler et al, 2020), they are in accord with best practice (Ministry of Justice, 2011), are least likely to lead the witness (Henderson et al, 2019), and are highly valued by practitioners (Magnusson et al, 2020). Invitation Open questions were, nevertheless, relatively rare, as reported in real cases (e.g., Andrews & Lamb, 2016; Pichler et al, 2020; Zajac et al, 2018). Rates here ranged from 4% to 5% in non‐RI conditions, to 12% in RI cross‐examinations.…”

Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Intermediaries and cross‐examination resilience in children: The development of a novel experimental methodology

Henry

Crane

Millmore

et al. 2021

Applied Cognitive Psychology

View full text Add to dashboard Cite

show abstract

“…A common tactic, for example, is to use omission and inconsistencies by a witness about minutiae (which are common human memory phenomena) to cast doubt about the reliability or credibility of the witness account as a whole (Pichler et al 2020). This is also reflected in the way defence barristers perceive police interviews.…”

Section: Police and Lawyer Decision Making In Cases Of Alleged Sexual...mentioning

confidence: 99%

Legal decision making about (child) sexual assault complaints: the importance of the information-gathering process

Martschuk

Powell

Blewer

et al. 2021

Current Issues in Criminal Justice

View full text Add to dashboard Cite

For over a century, changes have been implemented in the way the evidence of adult and child sexual assault complainants is received during the common law adversarial trial process. Could the fact that reforms have rarely affected the way information is gathered at the initial stages of investigation be a reason why legal systems still struggle with prosecuting sexual offences, but particularly those against children? An abundance of research demonstrates how question types influence the accuracy and detail of reported information. Few studies, however, have focused on the (downstream) impact on legal decisions. This paper begins with a brief overview of reforms to the information-gathering process across the 20th century that indicate how fraught the issue of information-gathering has been; it then reviews contemporary information-gathering strategies and proposes reforms to better align contemporary procedures with sound evidence-based practice. We argue that decision-makers, including police, lawyers, clinical and forensic practitioners, and judiciary need to better understand the science to bring about overdue change.

show abstract

Inconsistency, Omissions, and Confidence as Indicators of the Accuracy of Sexual Assault Victim’s Recollections

Fisher

Powell

Dawson

2021

Criminal Investigations of Sexual Offenses

View full text Add to dashboard Cite

Inconsistencies in complainant's accounts of child sexual abuse arising in their cross-examination

Cited by 8 publications

References 39 publications

Intermediaries and cross‐examination resilience in children: The development of a novel experimental methodology

Intermediaries and cross‐examination resilience in children: The development of a novel experimental methodology

Legal decision making about (child) sexual assault complaints: the importance of the information-gathering process

Inconsistency, Omissions, and Confidence as Indicators of the Accuracy of Sexual Assault Victim’s Recollections

Contact Info

Product

Resources

About