Journal of Criminology, 2022, 55(1): 106-124

The way that complainants of child sexual assault are questioned about their experiences can profoundly influence the accuracy, credibility, and consistency of their evidence. This is the case for all people, but especially children whose language, social, and cognitive capacity is still developing. In this study, we examined the questions used by a representative sample of Australian prosecutors, defense lawyers, and judges/magistrates to determine if this is an area that warrants improvement. Our focus was the type of questions used by the different professionals and how (if at all) these varied across complainant age groups (children, adolescents, and adults, total N = 63). Our findings revealed that each complainant group was questioned in a manner known to heighten misunderstanding and error (e.g., complex and leading questions were used frequently by all professional groups). There was also little indication of question adaption according to age (e.g., prosecutors asked children more complex questions than they asked adults). When the results are considered in the context of the broader literature on the impact of different question styles, they suggest that professional development in questioning would improve the quality of trial advocacy and judicial rulings. (Authors' abstract). Record #7481

A key cross-examination tactic in trials of child sexual abuse (CSA) is to highlight inconsistencies between sources of information to discredit the complainant's account. The present study examined the prevalence, origin and nature of inconsistencies arising in the cross-examination of complainants in CSA trials. Further, we examined the association between these inconsistencies and the types of question that elicited them in the earlier police interview of the child witness (i.e. open-ended, specific, or leading). Transcripts of videorecorded interviews (evidence-in-chief) of 73 complainants (15 males, 58 females) and subsequent cross-examinations at trial were coded. Results showed that inconsistencies were raised in the cross-examination of 94.5% of complainants; most between what the children said in their police interview versus their cross-examination. A greater proportion of inconsistencies was associated with specific than open-ended questions asked in the police interview. However, open-ended questions were associated with some inconsistencies, perhaps due to the longer answers they elicited. Shorter police interviews relying mainly on open-ended questions may minimise the opportunity for inconsistencies to arise in cross-examinations. Judges and juries require education about inconsistencies that arise from memory's reconstructive nature and lay people's tendency to use these inconsistencies to make inferences about the unreliability of witnesses. (Authors' abstract). Record #6795