An evaluation of the question types used by criminal justice professionals with complainants in child sexual assault trials

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.

Medico-legal evidence collection in child sexual assault cases: a forensic significance

Background Every year, millions of children face sexual exploitation worldwide. In India, 109 children (National Crime Records Bureau2018) were sexually abused everyday (22% jump from the previous year). Even with advanced DNA techniques, the conviction rate remains low. The methods used for forensic DNA evidence analysis vary around the world, but the primary step of biological evidence collection plays the most vital role. Proper and timely evidence collection from the victim by a trained medical professional is important. Main body Dynamics of child sexual assault being massively different from an adult rape demands altogether different approach of evidence collection. A standard sexual kit employed for evidence collection needs urgent modifications considering genital development of pre- and post-pubertal victims. In the present study, parameters including systemic collection and evaluation of forensic evidences, medico-legal examination, and developmental consequences of sexual assault on pre-pubertal victims were assessed. Further suggestions for separate evidence collection kit during medico-legal examination were given for pre-pubertal victims and alleged accused in sexual assault cases in order to streamline and for better evaluation of DNA analysis in forensic laboratories. Conclusion The importance of expert medical practitioners plays a significant role in collection of appropriate information and evidences from the victim of sexual assault. General guidelines for evidence collection in sexual assault cases are not well suited for pre-pubertal victims. Appropriate reforms pertaining to the age and genital development of victims are required. Securing clothing as forensic evidence is essential in most cases as it turned out to be the exclusive evidence bearing material. The purpose of this article is to bring awareness about the thorough medical examination and modified sexual assault kit for pre-pubertal victims and alleged accused for a better approach in evidence collection and conviction rate.

Spectacular Trials

This chapter expands on the concept of embodied gatekeeping as it studies the way visual journalists negotiate access to the most newsworthy trials. In the United States, rules for camera access to trials vary state to state. Some states, such as Florida, have opened courtrooms to visual media, while others, such as Pennsylvania, forbid camera-in-the-court coverage. At either end of the spectrum, visual journalists face a maze of rules designed by court officials to protect the dignity of the process. Based on interviews and observational research, this chapter details the way visual journalists have negotiated these rules as they covered several spectacular trials, including Jerry Sandusky’s child sexual assault trial in 2012, George Zimmerman’s trial for the murder of Trayvon Martin in 2013, and Bill Cosby’s sexual assault case in 2017. Each case drew national attention, and each presented journalists with different sets of grounded challenges for visual coverage.

Greater Knowledge Enhances Complainant Credibility and Increases Jury Convictions for Child Sexual Assault

Child sexual assault (CSA) cases reliant on uncorroborated testimony yield low conviction rates. Past research demonstrated a strong relationship between verdict and juror CSA knowledge such as typical delays in reporting by victims, and perceived victim credibility. This trial simulation experiment examined the effectiveness of interventions by an expert witness or an educative judicial direction in reducing jurors' CSA misconceptions. Participants were 885 jurors in New South Wales, Australia. After viewing a professionally acted video trial, half the jurors rendered individual verdicts and half deliberated in groups of 8–12 before completing a post-trial questionnaire. Multilevel structural equation modeling exploring the relationship between CSA knowledge and verdict demonstrated that greater CSA knowledge after the interventions increased the odds ratio to convict by itself, and that the judicial direction predicted a higher level of post-trial CSA knowledge in jurors than other expert interventions. Moreover, greater CSA knowledge was associated with heightened credibility perceptions of the complainant and a corroborating witness. At the conclusion of the trial, the more jurors knew about CSA, the higher the perceived credibility of both the complainant and her grandmother, and the more likely jurors were to convict the accused.

Reoffending among child sexual offenders

This study examines reoffending among 1,092 male offenders proceeded against for a child sexual offence in New South Wales between 2004 and 2013, including 863 child sexual assault offenders, 196 child abuse material offenders and 33 procurement/ grooming offenders. Seven percent of child sexual offenders sexually reoffended within 10 years of their first police proceeding for a child sexual offence, while 42 percent non-sexually reoffended. Risk of sexual and non-sexual reoffending was highest in the first two years. Child sexual assault offenders were the most likely to reoffend non-sexually, while procurement/grooming offenders were the most likely to reoffend sexually. There was evidence of transition to other sexual offence types, but this varied between groups. Indigenous status, history of offending and the number of child sexual offences emerged as important predictors of reoffending, although risk profiles varied between offender types.