Misconceptions about childhood sexual abuse and child witnesses: Implications for psychological experts in the courtroom

Impacts of Victim Resistance and Type of Assault on Legal Decision-Making in Child Sexual Assault

Prior studies have examined the effects of victim resistance and type of assault (attempted or completed) on perceptions of adult rape cases. However, research has not yet tested whether these findings extend to verdicts rendered in child rape cases, nor has research focused on how perceptions of victim and defendant characteristics in child rape cases may contribute to legal decision-making. In the present study, a 2 (attempted or completed sexual assault) x 3 (victim resistance: verbal-only, verbal with outside interruption, or physical) x 2 (participant sex) between-participant design was used to assess legal decision-making involving a hypothetical criminal case of child rape, with a six-year-old female victim and a 30-year-old male perpetrator. Three-hundred and thirty-five participants read a criminal trial summary and answered questions about the trial, the victim, and the defendant. Results revealed that: (a) when a victim physically resisted, compared to verbally resisted, more guilty judgments were rendered, (b) when the victim physically resisted, higher ratings for aggregated factors for Victim Credibility and Negative Perceptions of the Defendant were given, leading to more guilty verdicts, and (c) female participants were more likely than male participants to render a guilty verdict. No differences in verdict rendered between the verbal with interruption (e.g., knocking on door) and verbal-only conditions were found, nor did type of assault lead to differences in verdict rendered. Implications for child sexual assault cases and the courtroom, as well as implications for practitioners, are provided.

A court ruled case on therapy-induced false memories

We report on a unique Italian criminal case in which a court ruled that a therapist implanted false memories of abuse in a young girl. Using therapeutic excerpts, we show that the therapist used a multitude of problematic interventions that are all linked to false memory creation. Specifically, an analysis of the therapeutic excerpts showed that across many sessions, the therapist asked highly suggestive questions to the girl, implying that she was abused by her father. In addition, the girl underwent EMDR techniques that have been associated with memory undermining effects. Our analyses showed that although before treatment the girl did not have any recollection of being abused by her father, she gradually started to remember the abuse and identified the father as her abuser during the therapeutic sessions. Our case report clearly shows the danger of suggestive pressure in a therapeutic context causing patients to form false memories of abuse and supports the need to prevent the therapeutic practice of suggestive techniques.

Impact on the legal system of the generalizability crisis in psychology

Overgeneralizations by psychologists of the research evidence on memory and eyewitness testimony, such as "memory decays with time" or "memories are fluid and malleable," are beginning to appear in legal judgements and guidance documents, accompanied by unwarranted disparagement of lay beliefs about memory. These overgeneralizations could have significant adverse consequences for the conduct of civil and criminal law.

Understanding expert testimony on child sexual abuse denial after New Jersey v. J.L.G.: Ground truth, disclosure suspicion bias, and disclosure substantiation bias

The New Jersey Supreme Court held in New Jersey v. J.L.G. (2018) that experts can no longer explain to juries why sexually abused children might deny abuse. The court was influenced by expert testimony that "methodologically superior" studies find lower rates of denial. Examining the studies in detail, we argue that the expert testimony was flawed due to three problems with using child disclosure studies to estimate the likelihood that abused children are reluctant to disclose abuse: the ground truth problem, disclosure suspicion bias, and disclosure substantiation bias. Research identifying groups of children whose abuse can be proven without reliance on disclosure reveals that denial of sexual abuse is common among abused children.

Applying Hierarchy of Expert Performance (HEP) to investigative interview evaluation: strengths, challenges and future directions

The purpose of this paper is to systematically examine the research literature on the decision of expert interviewers within the theoretical framework of the Hierarchy of Expert Performance (HEP). After providing an overview of the HEP framework, existing research in the investigative interviewing at each of the eight levels of the HEP framework is reviewed. The results identify areas of strength in reliability between experts' observations (Level 2) and of weakness in reliability between experts' conclusions (Level 6). Biases in investigative interview experts' decision making is also revealed at biasability between expert conclusions (Level 8). Moreover, no published data are available in reliability within experts at the level of observations (Level 1) or conclusions (Level 5), biasability within or between expert observations (Level 3 and 4) and biasability within expert conclusions (Level 7). The findings highlight areas where future research and practical endeavour are much needed for the investigative interview.

Regaining Consensus on the Reliability of Memory

In the last 20 years, the consensus about memory being essentially reliable has been neglected in favor of an emphasis on the malleability and unreliability of memory and on the public’s supposed unawareness of this. Three claims in particular have underpinned this popular perspective: that the confidence people have in their memory is weakly related to its accuracy, that false memories of fictitious childhood events can be easily implanted, and that the public wrongly sees memory as being like a video camera. New research has clarified that all three claims rest on shaky foundations, suggesting there is no reason to abandon the old consensus about memory being malleable but essentially reliable.

When Is a Child's Forensic Statement Deemed Credible? A Comparison of Physical and Sexual Abuse Cases

A large national sample of 4,775 reports of child physical and sexual abuse made in Israel in 2014 was analyzed in order to examine whether assessments of credibility would vary according to abuse type, physical or sexual, and whether child and event characteristics contributing to the probability that reports of abuse would be determined as credible would be similar or different in child physical abuse (CPA) and child sexual abuse (CSA) cases. Results revealed that CPA reports were less likely to be viewed as credible (41.9%) compared to CSA reports (56.7%). Multigroup path analysis, however, indicated equivalence in predicting factors. In a unified model for both types of abuse, salient predictors of a credible judgment were older age, lack of a cognitive delay, and the alleged abusive event being a onetime less severe act. Over and beyond the effects of these factors, abuse type significantly contributed to the prediction of credibility judgments.

Credibility assessment in child sexual abuse investigations: A descriptive analysis

A major challenge in cases of child sexual abuse (CSA) is determining the credibility of children's reports. Consequently cases may be misclassified as false or deemed 'no judgment possible'. Based on a large national sample of reports of CSA made in Israel in 2014, the study examines child and event characteristics contributing to the probability that reports of abuse would be judged credible. National data files of all children aged 3-14, who were referred for investigation following suspected victimization of sexual abuse, and had disclosed sexual abuse, were analyzed. Cases were classified as either 'credible' or 'no judgment possible'. The probability of reaching a 'credible' judgment was examined in relation to characteristics of the child (age, gender, cognitive delay, marital status of the parents,) and of the abusive event (abuse severity, frequency, perpetrator-victim relationship, perpetrator's use of grooming, and perpetrator's use of coercion), controlling for investigator's identity at the cluster level of the analysis. Of 1563 cases analyzed, 57.9% were assessed as credible. The most powerful predictors of a credible judgment were older age and absence of a cognitive delay. Reports of children to married parents, who experienced a single abusive event that involved perpetrator's use of grooming, were also more likely to be judged as credible. Rates of credible judgments found are lower than expected suggesting under-identification of truthful reports of CSA. In particular, those cases of severe and multiple abuse involving younger and cognitively delayed children are the ones with the lowest chances of being assessed as credible.

Latent variables underlying the memory beliefs of Chartered Clinical Psychologists, Hypnotherapists and undergraduate students

In courts in the United Kingdom, understanding of memory phenomena is often assumed to be a matter of common sense. To test this assumption 337 UK respondents, consisting of 125 Chartered Clinical Psychologists, 88 individuals who advertised their services as Hypnotherapists (HTs) in a classified directory, the Yellow Pages^TM, and 124 first year undergraduate psychology students, completed a questionnaire that assessed their knowledge of 10 memory phenomena about which there is a broad scientific consensus. HTs' responses were the most inconsistent with the scientific consensus, scoring lowest on six of these ten items. Principal Components Analysis indicated two latent variables - reflecting beliefs about memory quality and malleability - underlying respondents' responses. In addition, respondents were asked to rate their own knowledge of the academic memory literature in general. There was no significant relationship between participants' self reported knowledge and their actual knowledge (as measured by their responses to the 10-item questionnaire). There was evidence of beliefs among the HTs that could give rise to some concern (e.g., that early memories from the first year of life are accurately stored and are retrievable).

When Children are the Least Vulnerable to False Memories: A True Report or a Case of Autosuggestion?

In this case report, a legal case revolving around the reliability of statements given by a 6-year-old girl is described. She claimed to have witnessed her mother being murdered by her father. Two psychological experts provided diametrically opposed opinions about the reliability of her statements. One expert, a clinician, opined that the girl's statements were based on autosuggestion whereas the other expert, a memory researcher, stated that autosuggestion was unlikely to have played a role. This case and the analysis of the experts' opinions illustrate what may happen when experts in court are unaware of the recent literature on (false) memory. That is, recent studies show that autosuggestion is less likely to occur in young children than in older children and adults. The current case stresses the importance and implications of relying on memory experts in cases concerning the reliability of eyewitness statements.