Lawyers rapport building practices with child witnesses

BACKGROUND

Existing literature on rapport building in forensic interviews with children has primarily focused on police or social workers (Collins et al., 2002); overlooking the lawyer-child relationship.

OBJECTIVE

The present study was a novel exploration of the rapport building process between lawyers and child witnesses during the interview stage of a criminal proceeding.

PARTICIPANTS AND SETTING

A total of 67 Canadian lawyers (Mage = 41.69, SD = 11.19; 51 % female-identifying) with experience questioning child witnesses (i.e., under 18 years old) were surveyed on their rapport building with child witnesses.

METHODS

A self-report survey was used to assess how lawyers conceptualize and engage in rapport building with child witnesses.

RESULTS

Lawyers were found to perceive rapport building as an important element when working with child witnesses; however, the lawyers' self-reported rapport building techniques overlooked several important elements of rapport building identified in forensic interviewing literature. Overall, the role of the lawyer (i.e., prosecution or defence), but rarely gender, influenced their self-reported rapport building methods. Prosecution lawyers tended to report behaviors that were more aligned with creating an interpersonal connection during the rapport building phase with the child, such as creating an environment where the child feels safe and comfortable.

CONCLUSIONS

These findings provide insight into how lawyers conceptualize and engage in rapport building with child witnesses. Overall, the lawyers perceived rapport building as an important element with child witnesses, but only some of the techniques mentioned are considered best practices to build rapport with children.

The Experiences and Perceptions of Sexually Abused Children as Participants in the Legal Process: Key Conclusions From a Scoping Literature Review

Child sexual abuse (CSA) is a phenomenon that receives attention from researchers and practitioners worldwide. An unknown percent of cases are disclosed bravely by children to authorities. One part of those children's journey can involve the legal process, which aims to decide whether a crime happened and, if so, to sentence the offender. To do so, a considerable amount of evidence is required. Part of what makes CSA cases complex is that the child's word is often the only evidence. There are growing discussions concerning the importance of children's participation in the legal process, pointing to its contribution to practitioners' decision-making as well as children's wellbeing. The current scoping review aimed to examine the existing knowledge regarding how children experience and perceive participation in the legal process following CSA. Although this issue has been previously addressed, the current study was designed to systematically spotlight studies that pinpoint children's perceptions and experiences. Using PRISMA guidelines, 17 manuscripts in peer-reviewed journals over the last 11 years were identified. The analysis yielded a major theme of children's need for validation, with four subthemes relating to the need to be protected, the need to be seen and heard, the need to be believed, and the need to be provided with support. The themes and how they relate to other aspects of sexually abused children's lives are discussed as well as practical implications for future studies. The main conclusion relates to the necessity for a holistic approach with children throughout the legal process.

An Economic Evaluation of the Impact of Using Rapport-Based Interviewing Approaches With Child Sexual Abuse Suspects

Two studies examined whether rapport-based interviewing with child sexual abuse (CSA) suspects provides greater interview yield that could result in overall cost-savings to the investigation. First, multi-level modelling was applied to 35 naturalistic CSA suspect interviews to establish whether rapport-based interviewing techniques increase “yield” – defined as information of investigative value. The Observing Rapport Based Interviewing Technique (ORBIT coding manual was used to code interviews; it includes an assessment of both interpersonal adaptive and maladaptive rapport-based interviewer engagement as well as motivational interviewing (MI) strategies. The impact of these two strands (interpersonal and MI) on extracting information of investigative value (including strengthening a case for court and safeguarding) were examined. Adaptive interpersonal strategies increased case strengthening and safeguarding yield, with motivational interviewing having the largest impact on safeguarding yield. Both strategies increase the likelihood of gaining additional types of economic yield. Maladaptive interviewer strategies reduced case strengthening and different types of economic yield. In study two, literature-based economic estimates were applied to establish the potential cost benefits from following national ORBIT rapport training. Further training in adaptive and motivational interviewing could contribute cost savings between £19 and £78 million (annual unit costs) increasing to £238–£972 million (lifetime costs) for online CSA across England and Wales; and £157–£639 million (annual unit costs) increasing to £2–£8 billion (lifetime costs) for all CSA. Failure to commit training resource to this, or an alternative strategy, could mean the cost burden attributable to maladaptive interviewing (between £1 and £6 million for online CSA and £12 and £48 million for all CSA) is not successfully averted.

The experiences of young witnesses and caregivers in Aotearoa New Zealand's Sexual Violence Pilot Courts

New Zealand's Sexual Violence Courts Pilot was established in late 2016, intended in part, to reduce the stress experienced by complainants. Young witnesses who testified in the specialist courts and their caregivers were interviewed about their experiences of court involvement. Interview transcripts were analysed using thematic analysis and the following themes were identified: The period between reporting an alleged offence and the trial is far too long and stressful; moving forward with life is difficult until the trial has concluded; cross-examination is distressing; feeling comfortable and supported when at court is important; safety and distance from the defendant when at court is important; separation of young witnesses from their caregivers at court is difficult; information is lacking throughout the process; and parenting young witnesses through the court process is challenging. Young witnesses typically experienced court involvement as very stressful and distressing, and further innovation within the courts is therefore needed.

"I Didn't Do That!" Event Valence and Child Age Influence Adults' Discernment of Preschoolers' True and False Statements

Justice can hinge on adults' abilities to distinguish accurate from inaccurate child testimony. Yet relatively little is known about factors that affect adults' abilities to determine the accuracy of children's eyewitness reports. In this study, adults (N = 108) viewed videoclips of 3- and 5-year-olds answering open-ended and leading questions about positive and negative actually experienced ("true") events or never experienced ("false") events that the children either affirmed or denied. Analyses revealed that adults were more accurate at determining the veracity of negative compared with positive incidents, particularly when children said that they had experienced the event. Moreover, adults' accuracy was at chance for older children's false denials. Psycholegal implications are discussed.

The Use of Facility Dogs to Bridge the Justice Gap for Survivors of Sexual Offending

The current study investigated the support that a facility dog can provide to survivors of sexual crimes when undergoing video-recorded police interviews. In total, 13 survivors of sexual offences, who were undergoing a video-recorded interview, were provided with a facility dog for the interview process. For each case, data were collected via interviews, observations and surveys. Using a multiple case study approach, qualitative data were analysed to identify patterns, with observational and survey data used to provide further support to these outcomes. A total of four main themes emerged from the data: (1) a change in focus for the survivor, (2) a difference in the survivors’ engagement, (3) the dog as a comforter to keep the survivor calm and (4) a positive environment. Overall, the findings suggest that the facility dog provided a much needed and beneficial service to survivors, helping them feel calmer and more comfortable. The dog also provided survivors with a more positive environment, allowing them to focus on the interview and communicate more openly about their experiences. The current study, therefore, presents very positive findings relating to improving survivors’ perspectives of justice within the framework of kaleidoscopic justice, bridging their perceived justice gap.

Kids and Teens in Court (KTIC): A Model for Preparing Child Witnesses for Court

Each year, numerous children testify in the United States in either criminal, civil, or juvenile court cases. Typically, children who testify are alleged victims of sexual or physical abuse or neglect, witnesses to violent crime, or subjects in custodial hearings in civil court. As more maltreatment cases are prosecuted and child custody is contested, an increasing number of children are being called as witnesses in court. Many of these children have already been traumatized by the experiences that led to their need to testify, and participation in the court process can have additional negative effects. This article describes the development and recent formative evaluation of a court preparation program that provides psychoeducation and utilizes components of evidence-based trauma treatment approaches, such as relaxation and in vivo exposure, to support child witnesses and reduce the risk of retraumatization. Children and adolescents participating in the program attend group sessions conducted by mental health clinicians and complete a court-related anxiety measure before and after each session. Results from 175 participants are reported. Findings indicated significant decreases in court-related anxiety with large program effects. Challenges encountered by the program and future directions are discussed.

Child sexual abuse victims as witnesses: The influence of testifying on their recovery

Victims of child sexual abuse (CSA) are likely to show a wide range of adaptation difficulties. In addition, some children and their families are involved in legal proceedings following the child's disclosure. However, little is known about the effects of legal involvement on CSA victim's mental health and recovery. In this longitudinal study, the effects of testifying were examined in a sample of 344 children at initial assessment (67% of girls) receiving services in a Child Advocacy Centre, of which 130 children testified. The participants' age ranged from 6 to 14 years old (M = 9.42 SD = 2.14). Children and their parents completed a series of measures to evaluate the child's mental health (e.g. depression, anxiety, PTSD) at four points in time over a 2-year period. Multilevel analysis indicates that all the children showed significant improvement over time but the group who testified more than once shows higher levels of emotional distress 2 years after the initial assessment. This study highlights the importance of documenting the experience of CSA victims in the justice system in order to establish the adequate conditions to support child witnesses.

A Case Study Perspective: The Experiences of Young Persons Testifying to Child Sexual Exploitation in British Criminal Court

Three young persons who gave evidence about child sexual exploitation in criminal court using various testimonial supports were interviewed about their testimony experiences. The witnesses reported that they felt extreme pressure to remember events accurately and cared greatly about being believed. None reported their own coping strategies to alleviate stress and took comfort breaks only after they cried on the stand. Defense attorney questions were reportedly repetitive, rapid, confusing, and focused on secondary content rather than the central criminal acts. The witnesses mentioned dissatisfaction in having supportive social workers whom they trusted leave the case and be replaced.

A historical comparison of Australian lawyers' strategies for cross-examining child sexual abuse complainants

Many child sexual abuse complainants find the adversarial trial process so distressing that they say they would never report abuse again. Their concerns stem largely from cross-examination, in which the lawyer acting for the accused attempts to discredit their evidence. We examined whether-and if so, how-Australian defense lawyers' approaches to cross-examining child sexual abuse complainants have changed meaningfully over the past 60 years. To do this, we systematically evaluated cases that were prosecuted in the 1950s, comparing them to a matched set of cases from the turn of the twenty-first century. Despite the intervening law reforms designed to improve complainants' experience in court, we found that, relative to their historical counterparts, contemporary child complainants of sexual abuse are actually subjected to far lengthier cross-examinations involving a much broader range of strategies and associated tactics. These findings have important implications for future legal practice and reform, and for the way in which these are evaluated.

The Child Witness in the Courtroom

Beginning in the 1980s, children have increasingly served as witnesses in the criminal, civil, and family courts; currently, >100 000 children appear in court each year. This statement updates the 1992 American Academy of Pediatrics (AAP) policy statement "The Child as a Witness" and the subsequent 1999 "The Child in Court: A Subject Review." It also builds on existing AAP policy on adverse life events affecting children and resources developed to understand and address childhood trauma. The purpose of this policy statement is to provide background information on some of the legal issues involving children testifying in court, including the accuracy and psychological impact of child testimony; to provide suggestions for how pediatricians can support patients who will testify in court; and to make recommendations for policy improvements to minimize the adverse psychological consequences for child witnesses. These recommendations are, for the most part, based on studies on the psychological and physiologic consequences of children witnessing and experiencing violence, as well as appearing in court, that have emerged since the previous AAP publications on the subject. The goal is to reduce the secondary traumatization of and long-term consequences for children providing testimony about violence they have experienced or witnessed. This statement primarily addresses children appearing in court as victims of physical or sexual abuse or as witnesses of violent acts; most of the scientific literature addresses these specific situations. It may apply, in certain situations, to children required to provide testimony in custody disputes, child welfare proceedings, or immigration court. It does not address children appearing in court as offenders or as part of juvenile justice proceedings.

Developmental Differences across Middle Childhood in Memory and Suggestibility for Negative and Positive Events

In the present study, we investigated age differences in children's eyewitness memory and suggestibility for negative and positive events that children often experience during middle childhood. We first examined 216 ratings by children aged 8-12 years of the frequency and intensity of personal negative and positive experiences (Study 1). Based on those ratings, videotapes depicting the most frequent and intense negative (an accident) and positive (a family excursion) events were developed. A new sample of 227 children aged 8-12 years was tested for recognition memory of the videotapes using the three-stage post-event misinformation procedure (Study 2). Compared with 8- to 9-year-olds, 10- to 12-year-olds exhibited less memory malleability and less compliance with false information. Age improvements in recognition accuracy were also evident for children who watched the negative event, but not for those who watched the positive event. Compliance predicted misinformation effects, particularly in regard to peripheral details. Thus, using ecologically representative emotional events, age differences in suggestibility and memory accuracy emerged, especially for negative events.Theoretical and forensic implications concerning children's eyewitness memory and suggestibility are discussed. Copyright © 2016 John Wiley & Sons, Ltd.