The structural linguistic complexity of lawyers' questions and children's responses in Scottish criminal courts

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.

What does the public think about microplastics? Insights from an empirical analysis of mental models elicited through free associations

Microplastics are an issue of rising concern, in terms of their possible implications for both the environment and human health. A survey was distributed among a representative sample of the adult Norwegian population (N = 2720) to explore the public understanding of microplastics. Respondents were asked to report the first thing that came to mind when they read or heard the word “microplastics,” based on which a coding scheme was developed that served to categorize the obtained answers into thematic clusters. Results indicate that the public seem to think of microplastics as something bad that might pollute the ocean and harm animal species. Awareness of the sources of microplastics appeared to be rather low, and few respondents mentioned potential ways to solve the problem. Responses differed across certain socio-demographic characteristics; for example, female and younger respondents were more likely to think about the spread and causes/sources of microplastics, whereas a higher educational level was associated positively with thinking of ways to solve the problem. Additional analyses indicated relationships between personal values and the identified thematic clusters; for example, endorsing self-transcendence and openness-to-change values was associated with thinking of ways to solve and of consequences of microplastics. These findings are informative to those wanting to design tailored communications and interventions aimed at reducing plastic pollution and plastic waste.

[Diagnostics and Significance Evaluation in Cases of Suspected Child Sexual Assault - An Analysis of 210 Cases]

BACKGROUND

Child sexual abuse is difficult to diagnose in children and it is a challenging task for all involved medical disciplines of a medical child protection unit. The present study describes the factors that led patients to be presented to a child protection unit under the suspicion of sexual abuse and the diagnostic instruments which were used in order to substantiate or prove suspicious fact.

PATIENTS AND METHOD

This study was conducted retrospectively on the basis of 210 children and adolescents ranged in age between 4 months and 18 years, who were presented to the medical child protection unit of Frankfurt am Main with suspected sexual abuse in the period from 2010 to 2015. 173 cases were analyzed in more detail. The cases were analyzed with the help of standardized documentation sheet and suspicious facts were evaluated with regard to their significance.

RESULTS

A total of 173 patient records were analyzed in more detail containing cases of suspected child sexual abuse. The majority of the children and teenager were female and younger than 10. Often the father was accused of sexual abuse and parents were separated or in custody battle. The patient's statements were crucial for substantiation of suspicious fact in 60% of the cases. The assessment was more certain if the alleged perpetrator was not part of the close family and if other forms of physical violence were associated.

CONCLUSION

The study shows that gynecological respectively anogenital findings do not represent the key evidence for the substantiation of sexual abuse allegations. Instead, it underlines the significance of further diagnostic methods, in particular the psychological and anamnestic evaluation.

Linguistically complex recognition prompts in pre-recorded cross-examinations

This study examined the effects of pre-trial preparation and pre-recorded cross-examinations on the linguistic complexity of recognition prompts (i.e., option-posing or suggestive questions) used when questioning child victims in English criminal courts. The study also compared the linguistic complexity of recognition prompts that did and did not contain suggestive content. Analyses compared 43 cases that involved pre-recorded cross-examinations with pre-trial preparation and 44 cases that did not, which occurred between 2012 and 2016. Cases utilizing the "special measures" contained fewer linguistically complex prompts with and without suggestive content than did their counterparts, demonstrating the benefits of those special measures. Overall, linguistically complex recognition prompts were more likely to contain suggestive content than other recognition prompts. However, linguistically complex prompts with and without suggestive content were still frequently used despite the special measures, demonstrating the need for further professional training to improve the quality of children's evidence.

"DID YOU EVER FIGHT BACK?": Jurors' Questions to Children Testifying in Criminal Trials About Alleged Sexual Abuse

The current study examined jurors' questions to children in criminal trials assessing children's allegations of sexual abuse, demonstrating a new avenue for studying how jurors think about, respond to, and assess evidence. We used qualitative content analysis to examine jurors' questions to 134, 5- to 17-year-olds alleging sexual abuse in criminal trial testimonies. Five themes emerged: abuse interactions, contextual details of abuse, children's reactions to abuse, children's (delayed) disclosure, and case background details. Jurors often ask about abuse dynamics, the context surrounding abuse, and children's disclosure processes, reflecting common misconceptions about child sexual abuse (CSA), such as whether it is credible to delay disclosure or maintain contact with an alleged perpetrator. This study improves our understanding of how jurors understand and evaluate children's reports of alleged CSA, suggesting that jurors may struggle to understand children's reluctance.

Developmental differences in children's learning and use of forensic ground rules during an interview about an experienced event

Children often answer questions when they do not have the requisite knowledge or when they do not understand them. We examined whether ground rules instruction—to say “I don’t know,” to tell the truth, and to correct the interviewer when necessary—assisted children in applying those rules during an interview about a past event and whether doing so was associated with more accurate accounts. We compared children with intellectual disabilities (mild or moderate severity, n = 44, 7–12 years) with 3 groups of typically developing children (2 matched for mental age, and 1 for chronological age, n = 55, 4–12 years) on their understanding of 3 ground rules, their use of these rules in an interview, and their accuracy in recalling a personally experienced event. Many children were able to demonstrate proficiency with the rules following simple instruction but others required additional teaching. Children applied the rules sparingly in the interview. Their scores on the practice trials of each rule were unrelated to each other, and to the use of the rules in context. Their developmental level was significantly related to both of these skills. Regression models showed that developmental level was the best predictor of children’s accuracy when they recounted their experience during the interview but that use of responses consistent with the rules, in conjunction with developmental level, predicted accurate resistance to suggestive questions. Future research should identify how best to prepare children of different ages and cognitive abilities to answer adults’ questions appropriately.

The Experiences of Young Complainant Witnesses in Criminal Court Trials for Sexual Offences

For effective provision of justice it is important that young witnesses are involved in criminal trials, yet participation may be detrimental to their well-being and presents challenges for gaining full and accurate evidence from them. Innovations in court processes intended to support the well-being of young witnesses should, amongst other considerations, be informed by the perspectives and experiences of those whom they are intended to assist. The participants in the current study consisted of young complainant witnesses who were involved in criminal court trials for sexual offences, along with their parents or caregivers. Semi-structured interviews with individual participants were conducted. Audio recordings of interviews were then transcribed and analysed using thematic analysis. Nine themes were identified in the data: (1) pre-trial delay makes everything worse, (2) uncertainty is difficult and being prepared is important, (3) cross-examination is stressful, (4) having a voice is a positive aspect of the trial, (5) the possibility of seeing the defendant is stressful, (6) for parents, putting on a brave face and being a supporter is challenging, (7) young witnesses feel exposed by the court process and family members feel exposed to details of the offending, (8) support is critical, and (9) families place importance on the verdict and sentencing. The findings are considered within the New Zealand context as well as other jurisdictions, and recommendations are made.