U.S. Defense Attorneys’ Implicit Questioning of Children in Child Sexual Assault Trials

IF 2.6 3区心理学 Q1 CRIMINOLOGY & PENOLOGY

Journal of Interpersonal Violence Pub Date : 2025-03-24 DOI:10.1177/08862605251327393

Lea Sobrilsky, Breanne E. Wylie, Kelly McWilliams, Angela D. Evans, Stacia N. Stolzenberg

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引用次数: 0

Abstract

The present study examined the frequency and content of implicit questions asked to 6- to 17-year-olds during cross-examinations ( N = 122) of children in child sexual assault trials and analyzed how often they rebutted these questions. Through qualitative content analysis, we found that defense attorneys most commonly asked children implicit questions about: ulterior motives, coaching, being untruthful, missing disclosure opportunities, having poor memory, and other credibility issues. Implicit questions were posed in 63% of cases, with children rebutting only 11% of implied inquiries. We observed no significant correlations between the age of children testifying and the overall frequency of implicit questions or rebuttals. However, age differences were found based on the content of the questions; younger children (aged 6–12) were more frequently subjected to implicit inquiries about coaching, whereas teenaged adolescents (aged 13–17) faced more questions related to truthfulness and credibility issues. In conclusion, children were frequently asked implicit questions that implied credibility concerns, which may be difficult for children to understand. Furthermore, defense attorneys change the focus of the content of their implicit questions depending on the age of the child testifying.

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来源期刊

Journal of Interpersonal Violence Multiple-

CiteScore

6.20

自引率

12.00%

发文量

375

期刊介绍： The Journal of Interpersonal Violence is devoted to the study and treatment of victims and perpetrators of interpersonal violence. It provides a forum of discussion of the concerns and activities of professionals and researchers working in domestic violence, child sexual abuse, rape and sexual assault, physical child abuse, and violent crime. With its dual focus on victims and victimizers, the journal will publish material that addresses the causes, effects, treatment, and prevention of all types of violence. JIV only publishes reports on individual studies in which the scientific method is applied to the study of some aspect of interpersonal violence. Research may use qualitative or quantitative methods. JIV does not publish reviews of research, individual case studies, or the conceptual analysis of some aspect of interpersonal violence. Outcome data for program or intervention evaluations must include a comparison or control group.