An evaluation of the question types used by criminal justice professionals with complainants in child sexual assault trials
Date
2022
Journal Title
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Volume Title
Publisher
Journal of Criminology
Abstract
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, defence 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.
Description
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Keywords
research, questioning, Australia, International Resources, Eyewitness Memory, court, child sexual abuse, credibility
Citation
Powell, M. B., Goodman-Delahunty, J., Deck, S. L., Bearman, M., & Westera, N. (2022). An evaluation of the question types used by criminal justice professionals with complainants in child sexual assault trials. Journal of Criminology, 26338076211068182.