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Child Sexual Abuse:

Interviewing Children and Assessing the Recovered Memories Chapter 7

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Child Sexual Abuse

In this chapter

The Reported Memories of Young Children

Effective Interviewing of Children

Testimony by Children at Trial

Adults’ Recovered Memories of Sexual Abuse

Research on Implanting False Memories in Adults

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Child Sexual Abuse

Approximately 676,000 victims of abuse and neglect in 2016

28.5% under the age for 3

48.6% boys; 51% girls

Approx. 90% of perpetrators are related to child

Approximately 1,750 children died of abuse and maltreatment in 2016

Not all cases get reported

Not all cases have physical evidence of abuse

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Reported Memories of Young Children

Prevalence of some form of sexual abuse

7–18% boys; 8–21% girls

Memories and cognition

Under age of 5, children sometimes have difficultly distinguishing imagined from real events

Ability to encode, store, and retrieve information not fully developed in young children

Greater risk for inaccuracy with suggestive or biased questioning

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Because the ability to encode, store, and retrieve information is not fully developed in young children, the problems surrounding memory are significantly amplified when a witness or victim is a young child.

Historical Context of Children’s Eyewitness Testimony: 1980s

Growing awareness of child maltreatment

Desire to see it dealt with aggressively

Barriers to children’s legal participation removed

No corroborative evidence requirements for testimony

Several highly publicized, controversial daycare child sexual abuse cases

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Reported Memories of Young Children: The Day Care Abuse Cases

Kelly Michaels (1985) – Wee Care Nursery School in NJ (20 children)

Ray and Peggy Buckey (1987) – McMartin Preschool (207 counts)

7 adults (1989) – Little Rascals Day Care Center (90 children)

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

The McMartin Case

Dozens of preschool children alleged months of satanic ritual abuse by their daycare providers

Wild allegations

Buckey served 5 years in prison before the trial was heard

No evidence

Court case took 6/7 years ($15 million)

No convictions resulted

Hundreds of children (now adults) led to believe they were victims of abuse

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Children’s Memory

Children’s memory plays a crucial role in allegations of child sexual abuse

Under age of 5 – difficulty distinguishing imagined from real events (reality vs. fantasy)

Ability to encode, store, and retrieve

information not fully developed in children

› Limited memory capacities (remember less)

› Limited communicative competence (report less)

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Children’s Memory

General facts about children’s memory:

Memory is directly correlated with age

The older we get, the more we remember

Younger children forget information more quickly than older children and adults and thus provide less information

Younger children are more suggestible than older children

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Children are cognitively different from adults

Memory

Memory capacity expands with age

Lack event knowledge, scripts

Language and communication

More limited vocabularies

Interpret words more restrictedly/concretely

We learn how to “tell stories”

Conceptual understanding

Lie/truth telling

Time/frequency

Fantasy vs. reality

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Children are socially different from adults

Obedient/deferent to authority

Not used to being the “expert”

Less effective in coping with misunderstandings

Rarely say “don’t know” or ask for clarification

More suggestible (has cognitive components too)

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Reported Memories of Young Children

Reports of children likely contaminated and/or unreliable if:

Interview begins with belief that abuse has occurred (day care center cases)

Interviews repeated with biased interview style

Delay between alleged abuse and interview

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Reported Memories of Young Children

Substantial research now indicates that interviewers in many of the preschool cases began with the belief that children had been sexually abused.

This belief led investigators to question children in ways that made it likely that their suspicions would be confirmed.

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Reported Memories of Young Children

Eliciting Incorrect “Yes” Answers from 3–6-Year-Old Children About Events That Had Not Actually Occurred: Effects of Coercive Questioning Techniques vs. Neutral, Noncoercive Techniques.

The techniques used in the research studies probably underestimate the effects of the techniques used in the actual cases.

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

When asked whether the storyteller had done things that he had not actually done, 3-year-olds answered “yes” more often than 4–6-year-olds, but both groups answered “yes” much less often in response to neutral, noncoercive questioning techniques than in response to the coercive techniques used in the McMartin transcripts (Garven et al., 1998).

Should anatomically detailed dolls and body diagrams be used when interviewing children about possible sexual abuse?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Hot Topic: The Use of Child Interviewing Props: Dolls and Diagrams

Interview props used with children reluctant to disclose information

Effectiveness research inconclusive

False allegations of sexual touching increases when used with children under 6 years of age

Body diagrams better for accuracy elicitation; best used for clarification after disclosure

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

The purpose of a forensic interview with a child is to elicit accurate information about what really happened.

NICHD Protocol

(National Institute of Child Health and Human Development)

Designed to translate professional recommendations into operational guidelines

Structured approach involving several phases

Introductory

Rapport Building

Practice Narrative

Transition

Substantive

Widely accepted as the best method to interview children

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Effective Interviewing of Children

NICHD Investigative Interview Protocol:

Guides interviewer away from biased questioning

Uses open-ended prompts

Avoids suggestive questions

Uses three phases: introductory, ground rules, substantive

Records interviews on video

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

See Table 7.1 for additional information about interviewer prompts.

If interviews with children about suspected sexual abuse are conducted in a careful, unbiased, nonsuggestive manner, children are generally able to provide accurate reports of events.

Phase I: Introductory Phase

Interviewer introduces him/herself

Clarifies the child’s task

To tell the truth

To describe events in detail

Explains the basic ground rules

Child can and should say “I don’t know” or “ I don’t understand”

Child as “expert”

Truth/lie ceremony

If I said that my shoes were red, would that be the truth or a lie?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase 2: Rapport Building Phase

Goal is to create a relaxed, supportive atmosphere

“Get to know” the child

“Tell me about things you like to like to do”

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase III: Practice Narrative

Tell me about [your birthday, last day of school, trip to Disney, etc.]

Continues to build rapport by having children describe neutral events

Children learn the level of detail expected of them and practice providing narratives to open-ended questions

Interviewer practices asking open-ended questions

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Practice Narrative: Birthday

Tell me about your last birthday. Tell me everything that happened from the beginning to the end.

You said you [hit a piñata]. Tell me more about that.

You said the [candy fell out]. Then what happened?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase IV:Transition to Substantive Phase

Neutral, non-suggestive attempts [increasingly specific]

“As I told you, my job is to talk to kids and find out about things that might have happened. It’s important that I understand why you are here.”

“Tell me why you are here today”

“I heard that you saw a policeman last week. Tell me what you talked about with him.”

“I understand someone may be hurting you. Tell me about that.”

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase V: Substantive Phase

Repeat allegation in the child’s own words. Then say…

“Tell me everything about that.”

“Then what happened.”

“Tell me more about that.”

“You mentioned . Tell me more about that.”

Repeat for as many of the instances mentioned by the child

Probe individual events/instances

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase V: Substantive Phase

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase V: Substantive Phase

Option Posing Questions

Asked only IF necessary…IF crucial details are still missing from child’s reports

Can be problematic because they limit the responses that children can provide

Yes/No; Forced choice (e.g.,Was that over or under your clothes?)

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Phase V: Substantive Phase

Suggestive Questions

Introduction of new material

Tag questions

He hurt you, didn’t he?

That was scary, wasn’t it?

Suppositional questions (assume/“suppose” something happened)

“When he touched you, where were you?”

Always avoid these types of questions!!!

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Closing

Thank you

Anything else?

Do you have any questions?

Provide contact information

Neutral topic

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Effective Interviewing of Children: In Sum

Interview ground rules found useful

Conversational rules explained early in process

Interview prompts used

Child account seen as important and without pressure

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Effective Interviewing of Children: In Sum

Ground rules with significant research support

“Don’t know” instruction

Oath to tell the truth

Explicit statement conveying that adult does not know what happened

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Hot Topic: Child Sexual Abuse Accommodation Syndrome

Child sexual abuse accommodation syndrome (CSAAS)

Proposed and elaborated on by Summit (1983, 1998), based on clinical experience

Child victims of sexual abuse experience feelings of helplessness, confusion, and fear

Feelings cause child victims to conceal the abuse

Delayed abuse disclosure

Denial of abuse

Recantation of abuse allegations after initial claims

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Hot Topic: Child Sexual Abuse Accommodation Syndrome

CSAAS influences how investigative interviews are conducted

More directive, repetitive, suggestive interviewing forms

Research findings

Delayed disclosure of sexual abuse is not unusual, denial of abuse and recantation is unusual

Recanting children more likely to have suffered parental abuse

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Children’s Testimony in the Courtroom

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Testimony by Children at Trial

Jurors believe children in abuse cases; young children more likely believed than adolescents

Hearsay testimony allowed by most states

Adult stand-ins are acceptable

Hearsay and adult testimony viewed favorably by jurors

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Hearsay Testimony

Testifying about what someone else said outside of court

Usually inadmissible

Most states have allowed exceptions for children

Does not allow for cross- examination

May be inaccurate

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Hearsay Testimony

Jurors Perceptions

Adults seen as more…

Consistent

Complete/Detailed

Accurate

Credible

Jurors looked for “clues” based on child witness demeanor

Uncertain vs. lying vs. nervous?

Not emotional enough?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Testimony by Children at Trial

Closed-circuit television (CCTV) is an alternative for presenting child testimony; child emotional distress reduced; conviction rate not lowered

Maryland v. Craig (1990)

Other techniques to make courtroom testimony less aversive for children

Allowing child to choose testifying via CCTV or witness stand

Permitting support person or support animal

Exposure to “court school” before testimony; inconclusive effectiveness

Participating in careful, nonsuggestive, video-recorded interview conducted by trained forensic professional

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Closed Circuit Television (CCTV)

Child’s testimony is given in a separate room and broadcast live to the courtroom

Does allow for cross-examination

Maryland v. Craig (1990)

Allowable if a child is likely to experience “significant emotional trauma” by being in the presence of the defendant

How to judge “significant emotional trauma”?

Rarely used in the US

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Closed Circuit Television (CCTV)

Performance and Juror Perceptions

Children give more accurate testimony

Reduces children’s stress/anxiety

Children appear more confident and consistent

Doesn’t affect conviction rates/perceptions of the defendant BUT children are seen as less credible

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Adults’ Recovered Memories of Sexual Abuse

Controversy between psychological scientists and psychotherapists of validity of recovered memories

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Famous Cases

Rosanne

Beth Rutherford

Eileen/George Franklin (link)

Paul Ingram (in your book…more of a false confession case)

False Memories?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Created or Recovered Memories?

Common patterns of recovered memories suggested some sexual abuse memories were implanted during therapy, not recovered (Howe & Knott, 2015)

Little evidence for concept of repression

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Important Note

Most (60-70%) adults who report being sexually abused as children fail to disclose abuse during childhood

Delayed disclosure is very common

There are many reasons children may delay disclosure of sexual abuse (or fail to tell anyone, ever)

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

What Do You Think? Why?

Most common response to traumatic experience is uncontrolled remembering, not forgetting.

Why is the Ingram case involving recovered memories unusual?

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Research on Implanting False Memories

False memories can be implanted

Loftus and Hyman studies

Authentic recovered memories are usually spontaneous

Several explanations for forgetting and remembering abuse, including transience of memory, individual differences

Many therapists have switched to less suggestive approaches

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Research Conclusions on Implanted Memories

False memories cannot be successfully implanted in everyone

Some routinely used therapy techniques facilitate the production of detailed visual images that can later be mistaken for real memories

Expectancies play a crucial role

Experiments designed to implant false memories are relatively successful

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Important Note

The repression/recovered memory debate concerns specific therapeutic techniques and particular circumstances in which abuse is disclosed

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Recovered Memories: Psychological Scientists vs. Psychotherapists

Psychological Scientists

Skeptical

Can be implanted by therapists

Trauma response is generally not forgetting (PTSD)

Psychotherapists

Memories are repressed

Memories are credible

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Evaluation Criteria for Recovered Memories of Abuse

We should be especially skeptical of allegedly recovered memories that:

Were recovered over time

Began as vague images or feelings

Involve repeated abuse extending into adolescence

Involve abuse that occurred before the age of 3

FORENSIC AND LEGAL PSYCHOLOGY

Mark Costanzo | Daniel Krauss | Fourth Edition

Scientific American Spotlight: Traumatic Therapies Can Have Long-Lasting Effects on Mental Health

Child Abuse

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