Abstract
Sometimes, perceived credibility of a child's sexual assault allegation determines investigative and adjudicative decisions. Surprisingly, there is very little research on one common cross-examination technique used to discredit the child complainant; the presentation of a potential motive for the child to fabricate the allegation. In Experiment one, participants provided three reasons for complainant credibility after reading a mock child sexual assault case. Amongst participants’ first reasons, motive for the complainant to fabricate the allegation was the second most frequent response. In Experiment two, participants rated the honesty, accuracy and credibility of both the complainant and accused in a mock trial where a motive to fabricate was either present, absent, or not mentioned. Motive to fabricate had no effect on ratings of the complainant. However, when the evidence against the accused was strong, the accused was rated as more accurate, more honest, and more credible when a motive was present than when one was not. The forensic implications of the results are discussed.
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Notes
We thank an anonymous reviewer for recommending that we analyze credibility reasons and credibility ratings from Connolly and Gordon 2011.
References
Bala N, Ramakrishnan K, Lindsay R, Lee K (2005) Judicial assessment of the credibility of child witnesses. Alberta Law Rev 42(4):995–1017
Black’s (1990) Law Dictionary 6th ed. (West Publishing)
Bottoms BL (1993) Individual differences in perceptions of child sexual assault victims. In: Goodman GS, Bottoms BL (eds) Child victims, child witnesses: understanding and improving testimony. Guilford Press, New York, pp 229–261
Bottoms BL, Davis SL, Epstein MA (2004) Effects of victim and defendant race on jurors' decisions in child sexual abuse cases. J Appl Soc Psychol 34(1):1–33
Bottoms BL, Goodman GS (1994) Perceptions of children’s credibility in sexual assault cases. J Appl Soc Psychol 24(8):702–732
Buttrey J (1998) Michigan's rape-shield statue and admissibility of evidence that a child complainant has been previously molested. Thomas M Coolry Law Rev 15:391–450
Connolly DA, Gagnon NC, Lavoie JA (2008) The effect of a judicial declaration of competence on the perceived credibility of children and defendants. Leg Criminol Psychol 13(2):257–277
Connolly DA, Gordon HM (2011) He-said–she-said: contrast effects in credibility assessments and possible threats to fundamental principles of criminal law. Leg Criminol Psychol 16(2):227–241
Connolly DA, Price HL, Gordon HM (2010) Judicial decision-making in timely and delayed prosecutions of child sexual abuse: A study of honesty and cognitive ability in assessments of credibility. Psychol Public Policy Law 16(2):177–199
Davies E, Henderson E, Seymour F (1997) In the interests of justice? The cross-examination of child complainants of sexual. Psychiatry Psychol Law 4(2):217–229
Eaton TE, Ball PJ, O'Callaghan MG (2001) Child-witness and defendant credibility: child evidence presentation mode and judicial instructions. J Appl Soc Psychol 31(9):1845–1858
McCauley MR, Parker JF (2001) When will a child be believed? The impact of the victim's age and juror's gender on children's credibility and verdict in a sexual-abuse case. Child Abuse Negl 25(4):523–539
Meyer A (2007) The moral rhetoric of childhood. Childhood 14(1):85–104
Mikkelsen EJ, Gutheil TG, Emens M (1992) False sexual-abuse allegations by children and adolescents: Contextual factors and clinical subtypes. Am J Psychother 46(4):556–570
Myers JE (1992) Evidence in child abuse cases. Sage, Thousand Oaks
Nikonova O, Ogloff J (2005) Mock jurors' perceptions of child witnesses: the impact of judicial warning. Can J Behav Sci 37(1):1–19
Nunez N, Kehn A, Wright DB (2010) When children are witnesses: the effects of context, age and gender on adults' perceptions of cognitive ability and honesty. Appl Cogn Psychol 24(3):1–15
Raskin DC, Esplin PW (1991) Statement Validity Assessment: interview procedures and content analysis of children's statements of sexual abuse. Behav Assess 13(3):265–291
Ross DF, Lindsay RCL, Marsil DF (1999) The impact of hearsay testimony on conviction rates in trials of child sexual abuse: Toward balancing the rights of defendants and child witnesses. Psychol Public Policy Law 5(2):439–455
Schaeffer P, Leventhal JM, Asnes A (2011) Children's disclosures of sexual abuse: learning from direct inquiry. Child Abuse Negl 35(5):343–352
Statistics Canada (2009) Family Violence in Canada: A Statistical Profile 2009. (Catalogue number 85-224-X). Retrieved Nov. 10, 2010 from Statistics Canada: http://www.statcan.gc.ca/pub/85-224-x/85-224-x2009000-eng.pdf
Steller M, Köhnken G (1989) Criteria-based statement analysis. In: Raskin DC (ed) Psychological methods in criminal investigation and evidence. Springer Publishing Company, New York, pp 217–245
Vidmar N, Schuller R (2011) The Canadian criminal jury. Chicago-Kent Law Rev 86:487–535
Vrij A (2005) Criteria-based content analysis: a qualitative review of the first 37 studies. Psychol Public Policy Law 11(1):3–41
Walsh WA, Jones LM, Cross TP, Lippert T (2010) Prosecuting child sexual abuse: the importance of evidence type. Crime Delinq 56(3):436–456
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Connolly, D.A., Coburn, P.I. & Yiu, A. Potential Motive to Fabricate and the Assessment of Child Witnesses in Sexual Assault Cases. J Police Crim Psych 30, 63–70 (2015). https://doi.org/10.1007/s11896-014-9146-1
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DOI: https://doi.org/10.1007/s11896-014-9146-1