Sexual Assault Trials Research Articles

The effect of hearsay witness age in a child sexual assault trial.

The effect of hearsay witness age in a child sexual assault trial.

The effect of hearsay witness age in a child sexual assault trial.

The effect of hearsay witness age in a child sexual assault trial.

Brief research report: age factors affecting the believability of repressed memories of child sexual assault.

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition--the alleged victim testified immediately after the incident; (b) repressed condition--the alleged victim reported the assault 1-39 years later, after remembering it for the first time; or (c) not-repressed condition--the alleged victim reported the assault 1-39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.

The Effects of Defendant and Complainant Intoxication on Mock Jurors' Judgments of Sexual Assault

The present study investigates the impact of participant gender, rape-myth beliefs, and alcohol intoxication on the part of either the defendant and/or alleged victim on mock jurors' decisions within the context of a sexual-assault trial. Participants ( N = 152) were exposed to a sexual-assault case in which the beverage consumption (alcohol, cola) on the part of both the defendant and complainant prior to the sexual intercourse was varied systematically. Results indicated that when the defendant had consumed alcohol, as opposed to cola, participants were more likely to view the case as one of assault, to perceive the defendant as less credible, and to find the defendant guilty. When the complainant had consumed alcohol, as opposed to cola, participants found the complainant's claim less credible and were less likely to view the defendant as guilty. In addition, participants' rape-myth acceptance, which was related to guilt, mediated the relation between gender of participant and guilt.

Expert testimony in child sexual abuse trials: the admissibility of psychological science

The authors describe a research programme investigating whether psychological evidence about child sexual abuse and child witnesses meets several criteria for admissibility in US courts: (a) general acceptance within the scientific community, (b) helpfulness to the jury, and (c) whether its probative value outweighs its prejudicial value. Responses from a survey of child sexual abuse experts suggest that they agree about the research findings in three areas: the demographic characteristics of sexually abused children, child sexual abuse accommodation syndrome (Summit, 1983), and children's cognitive capabilities. Survey responses from college students and community members indicate that they may be especially helped by expert testimony on children's memory. Laypersons may also benefit from a discussion of the paucity of research on offender characteristics and the wide variety of responses to sexual victimization. Data from a survey and a trial simulation suggest that expert testimony on child sexual abuse will not be prejudicial to the defendant. Implications for expert witnesses are discussed. © 1997 John Wiley & Sons, Ltd. Language: en

Expert testimony in child sexual abuse trials: the admissibility of psychological science

Expert testimony in child sexual abuse trials: the admissibility of psychological science

Causal Attributions in Sexual Assault Trial Judgments

This research examined naturally occurring causal attributions in sexual assault trial judgments and their consequence (i.e., sentence). Causal attributions were reliably identified and analyzed for how they functioned in the narrative of the judgment. Whether the attributions discursively placed the cause within (internalizing attribution) or separate from the offender (externalizing attribution), described the cause as enduring and pervasive (saturating attribution) or as occurring within a particular context (situating attribution), and described the cause as owing to something violent (eg., a decision to be violent) or nonviolent (eg., being drunk). Results indicated that judges frequently made causal attributions, and the function of the attribution was significantly correlated with sentence (e.g., violent attributions were associated with higher sentence).

Jurors' reactions to satanic ritual abuse allegations

Objective: Some of the most highly publicized child sexual abuse trials of this century have involved bizarre allegations of satanic ritual abuse, yet little is known about jurors' reactions to ritual abuse claims. We investigated how jurors' judgments of defendant guilt and witness credibility are affected by the presence or absence of satanic ritual abuse allegations. Method: Two hundred forty-three mock jurors rendered judgments about a case involving childhood sexual abuse allegations made by either a 5-year-old child or a 30-year-old adult survivor. The presence or absence of satanic ritual abuse allegations was varied between subjects. Jurors' religiosity was measured. Results: Although jurors were significantly less likely to believe the satanic ritual allegations than other case details, they were as likely to vote guilty and to believe the victim in satanic as in nonsatanic cases. Victim age had no significant effect on mock jurors' judgments, but there were marked individual differences in decisions: When the allegations involved satanic ritual abuse, religious jurors were more likely than less religious jurors to believe the victim. Further, across all conditions, women made more pro-victim judgments than did men. Conclusions: Our findings suggest that highly bizarre details may be discounted by jurors (particularly less religious jurors), but that jurors may set aside their skepticism of satanic ritual details and make judgments about child sexual abuse cases based on their perceptions of the credibility of nonsatanic allegations of harm. Whether or not this is an accurate approach to decision-making in these cases remains an empirical question.

The use and abuse of counseling records in sexual assault trials: Reconstructing the “rape shield”?

T he common law of rape traditionally viewed the complainant's reputation for sexual license and her sexual history as relevant both to her credibility as a witness and to the issue of consent) In Australia, Canada, the United Kingdom, and the United States, the rules of evidence and procedure have been modified in recent years to restrict the way in which the defense can seek to undermine the credibility of

Does expert psychological testimony inform or influence juror decision making? A social cognitive analysis.

The authors examined whether expert testimony serves an educational or a persuasive function. Participants watched a simulated sexual abuse trial in which the child witness had been prepared for her testimony (i.e., she was calm, composed, and confident) or unprepared (i.e., emotional, confused, and uncertain). The trial contained different levels of expert testimony: none, standard (i.e., a summary of the research), repetitive (i.e., standard testimony plus a 2nd summary of the research), or concrete (i.e., standard testimony plus a hypothetical scenario linking the research to the case facts) testimony. Repetitive testimony bolstered the child's testimony, whereas concrete and standard testimony did not. Concrete testimony sensitized jurors to behavioral correlates of sexual victimization; standard and repetitive testimony desensitized jurors to these correlates. Implications for the use of procedural innovations in sexual abuse trials are discussed.

The believability of hearsay testimony in a child sexual assault trial.

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year old female. The summaries were presented in one of four conditions: (a) child condition--the alleged victim testified; (b) hearsay condition--the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)--both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition--neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.

Jurors' perceptions of child victim-witnesses in a simulated sexual abuse trial.

Two studies investigated the effects of a child witness's age (5, 10, or 15 years old), communication style (powerful vs. powerless), and prosecuting attorney questioning methods (leading vs. nonleading) on perceptions of her testimony in a videotaped mock trial. In Experiment 1, as predicted, ratings of a child witness's credibility were most extreme when the child's communication style contrasted with adults' age-related expectations. Results of Experiment 2 showed that the child's communication style strongly affected perceptions of the defendant as well.

In Camera Inspections of Privileged Records in Sexual Assault Trials: Balancing Defendants' Rights and State Interests Under Massachusetts's Bishop Test

A sexual assault trial requires a court to balance evidentiary privileges enacted by a state legislature against a criminal defendant's constitutional trial rights. State legislatures enact various privileges which either limit or prohibit the discovery of confidential communications in criminal trials. Such statutes reflect a firmly based legislative effort to protect citizens’ private and personal confidences from unwarranted public scrutiny. When a defendant charged with sexual assault seeks to compel discovery of the victim's privileged medical, psychiatric, or counseling records, a conflict inevitably arises. States and victims assert that courts must respect statutory assurances of confidentiality; defendants assert that their constitutional right to a fair trial and their right to confront the witnesses and evidence against them mandates disclosure. Resolution of this pressing conflict requires a careful balancing of both the state's and defendant's interests on a case by case basis.

Perceptions of Children's Credibility in Sexual Assault Cases1

Children's testimony often plays a central role in prosecutions of child sexual abuse. Nevertheless, research on jurors' perceptions of the credibility of child sexual assault victims remains limited. In three experiments, we examined mock jurors' reactions to children's testimony about sexual abuse. Participant jurors were exposed to videotaped or written scenarios of child sexual abuse trials and then rated victim credibility and defendant guilt. Analyses indicated that: (a) victim age was either inversely related or unrelated to perceptions of victim credibility, (b) women were more likely than men to find child victims credible, (c) corroborating testimony from a child victim increased the credibility of another child victim, and (d) exposure of participants to past criminal acts and other negative defendant character evidence heightened perceived victim credibility and defendant guilt. Implications for understanding jurors' reactions to child witnesses are discussed.

The impact of protective shields and videotape testimony on conviction rates in a simulated trial of child sexual abuse.

In Experiment 1 mock jurors watched a videotape simulation of a sexual abuse trial that included a 10-year-old child witness testifying in one of three different modalities: (1) The child testified in court while directly confronting the defendant (open court condition). (2) The child testified in court with a protective shield placed between the child and the defendant (shield condition). (3) The child testified outside the courtroom and the child's testimony was presented to the jury and the defendant on a video monitor (video condition). The mock jurors judged the guilt of the defendant after watching the entire trial. The modality of the child's testimony had no impact on conviction rates. In Experiment 2 subjects watched the same trial that was used in Experiment 1. The trial was stopped immediately after the child testified (the child was the first witness to take the stand), and subjects judged the guilt of the defendant. The modality of the child's testimony had a significant impact on conviction rates. Subjects in the open court condition were more likely to convict the defendant than subjects in the shield and videotape conditions. These findings are relevant to Supreme Court decisions regarding the use of protective devices with child witnesses.

The juridical impact of psychological expert testimony in a simulated child sexual abuse trial.

Using a simulated child sexual abuse case, our study investigated the impact of expert testimony about cognitive development in children on jury decisions. Twenty-four gender-balanced panels, each of 6 mock jurors, viewed a videotaped simulation of a criminal court trial in which age of the child victim/witness (6, 9, or 12 years), sex of the child, and the presence or absence of expert testimony were manipulated. There were significant main effects for exposure to expert testimony on jurors' ratings of the child on the factors addressed by the expert: memory expertise, susceptibility to suggestion, and reality monitoring ability. Jurors rated the expert testimony highly in terms of its helpfulness and impartiality. There were no significant main effects for child credibility ratings according to age or sex of the child victims, but juror gender polarization effects were noted, with females significantly more likely to rate the child's credibility higher and to find the defendant guilty.

Videotaped Versus In‐Court Witness Testimony: Does Protecting the Child Witness Jeopardize Due Process?1

Videotaping depositions may protect a child witness from the stress of testifying in court but also may influence jurors’ perceptions of the child and the defendant, and jurors’ verdicts in systematic ways. The present study examines several psychological hypotheses that emerge from the controversy over the use of videotaped depositions of child witnesses in child sexual abuse trials. We predicted that student jurors viewing a videotaped deposition would be more proprosecution and less prodefense than those who did not receive testimony in such a form. Thus, it was predicted that jurors viewing a videotaped deposition would perceive the prosecution witnesses and their testimonies more favorably, the defense witnesses and their testimonies less favorably, and give more guilty verdicts than jurors who viewed identical testimony during the course of a trial. We also predicted that females would be more proprosecution and less prodefense than males and that this gender difference would be accentuated by the medium of presentation. The medium of presentation had only a few effects on jurors’ responses. However, when differences emerged, they generally provided support for the predicted main effects. The implications of these findings for the use of videotaped depositions of child sexual abuse victims are discussed.

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial.

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.

Parental response to child sexual abuse trials involving day care settings

AbstractThis study examined the stress responses of parents to whether or not their child testified in a sexual abuse trial against defendants from a day care center. Parents completed a questionnaire and the SCL‐90‐R. Impact of Events scale, and Life Events Survey. Parents of 17 testifying children presented higher symptoms of psychological distress than parents of 50 nontestifying children sexually abused in day care centers. In addition, the reported stress was higher in fathers than mothers. Following disclosure of their child's sexual abuse, stressful life events of death in family, loss of income, and separation were associated with parents of testifying children.

Parental response to child sexual abuse trials involving day care settings

This study examined the stress responses of parents to whether or not their child testified in a sexual abuse trial against defendants from a day care center. Parents completed a questionnaire and the SCL-90-R. Impact of Events scale, and Life Events Survey. Parents of 17 testifying children presented higher symptoms of psychological distress than parents of 50 nontestifying children sexually abused in day care centers. In addition, the reported stress was higher in fathers than mothers. Following disclosure of their child's sexual abuse, stressful life events of death in family, loss of income, and separation were associated with parents of testifying children.