Expert reports for credibility assessments in case of sexual abuse allegations in the Swiss judicial context: A retrospective study of the socio-demographic, clinical and forensic characteristics of the cases and the appropriate use of the Statement Validity Analysis

Abstract

Background and objectives

According to the literature, around one in five minors report sexual abuse. In these cases, judges often request credibility assessments, at best using the Statement Validity Analysis (SVA), to evaluate these testimonies. However, no studies have explored the characteristics of minors subject to a credibility assessment in the Swiss judicial context and the appropriate use of the SVA which was our twofold objective.

Method

We retrospectively examined 75 expert reports conducted between 2000 and 2020 in the Vaud canton, Switzerland, involving 71 minors.

Results

The majority of the expert reports concern girls (76 %). The average age of the minors was 8 years (SD = 3.36). The allegations mainly concerned sexual violence within family (74.6 %) with repeated incidents (83.1 %). Despite a family context often marked by domestic violence (63.4 %), many children showed no symptoms of post-traumatic stress (50.7 %) and had mentioned the facts before the police hearing (56.3 %). 54.7 % of the expert reports concluded that the testimonies were credible. However, only 35 expert reports (46.7 %) seem to comply with the SVA recommendations. Over the years, we observed a more appropriate use of the SVA.

Conclusion

First, we identified the socio-demographic, clinical and forensic characteristics of minors alleging sexual abuse and needing a credibility assessment from the judge's point of view. Second, the practice of credibility assessments requested in the judicial context often seems to lack scientific rigor. However, this study also highlights the improvement in the use of the SVA across the year.