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Journal of Aggression,
Maltreatment & Trauma
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authors and subscription information:
http://www.tandfonline.com/loi/wamt20
To cite this article: Connie Nicholas Carnes, Debra Nelson-Gardell & Charles Wilson
(2000): Addressing Challenges and Controversies in Child Sexual Abuse Interviewing,
Journal of Aggression, Maltreatment & Trauma, 2:2, 83-103
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FORENSIC ISSUES
Reluctance
against false allegations. Lyons (1995) points out that those pressures
which discourage true abuse reports, also operate to discourage false
reports. In fact, research has shown children are far more likely to
deny or fail to report abuse that has occurred (Lawson & Chaffin,
1992; Faller, 1988).
As discussed above, the NCAC Forensic Evaluation protocol was
designed to be conducted over time to give children the needed safety
and non-pressured pace, in accordance with data showing that some
children tend to disclose over time (Sorenson & Snow, 1991). The
model was specifically designed to help reluctant children overcome
their reluctance, fear, embarrassment, and avoidance coping. Thus, it
begins with sessions of rapport building, developmental evaluation
and psychosocial assessment before directly addressing the more
threatening topics pertaining to abuse.
Memory Issues
The complex issues of memory acquisition, storage and retrieval
have been widely studied in the laboratory. One salient finding in the
research literature is that preschoolers need different cues for retrieval
than do school-age children (Fivush, 1993). Preschool children do not
do well on free-recall tasks, and require specific external cues to direct
their attention to specific interview topics. The Forensic Evaluation
Protocol employs abuse specific, non-leading questioning procedures
to inquire about such topics as care routines, substance abuse, domes-
tic violence and physical and sexual abuse. The focused questioning
techniques are based upon the work of Walker (1994) and others, to be
developmentally appropriate and non-suggestive. Abuse is approached
obliquely, without direct leading. While detractors would describe
almost any focused question as leading, for the purposes of practice
and research using the Forensic Evaluation protocol, a leading ques-
tion means a question in which the answer is suggested, for example,
He touched your privates, didnt he? or Didnt he make you touch
his pee-pee?
School-aged children can respond to more open-ended techniques
for memory retrieval, therefore, the Cognitive Interview (Saywitz,
Geiselman, & Bornstein, 1992), and Narrative Elaboration (Saywitz,
Snyder, & Lamphear, 1996) procedures are employed in the model
when questioning older children given there has been an acknowledg-
ment by the child of an abuse incident. In laboratory studies, these
Forensic Issues 91
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alert for signs that a child may be trying to please, and to be proactive
in avoidance of coercion.
The suggestibility studies do illustrate the obvious need to avoid
bribes, coercion and stereotype inductions with children. A balanced,
reasoned response is needed. Fortunately, in actual practice, available
interviewing techniques range from open-ended to focused and non-
leading, and can be tailored to the developmental level and situational
factors of the child. Strong support exists in the literature that children
can give accurate accounts when not asked leading questions. There is
little support for the contention that an interviewer could inadvertently
alter a childs memory or ability to recount events within two to three
interviews using non-leading techniques accurately.
Ceci and his colleagues (Toglia, Ross, Ceci, & Hembrook, 1992)
showed that the suggestibility effect was drastically reduced when an
interviewer was perceived by the child as less knowledgeable about
facts. Error rates decreased from 33% to 18% when the interviewer
presented him/herself as less knowledgeable. Evaluators using the
Forensic Evaluation model are trained to impart to the child the im-
pression they are ignorant of case facts. To reinforce this further,
evaluators are taught to establish early in the evaluation, and reiterate
as necessary the following set of rules designed to empower the child
(Saywitz, Geiselman, & Bornstein, 1992):
1. If you dont know the answer, dont guess, just say you dont
know.
2. If you dont want to answer, its OK to say so.
3. If you dont understand something, let me know, and I will say it
a different way.
4. If a question is asked more than once, you dont have to change
your answer, just tell me what you remember, the best you can.
the part of the child. Dahlenberg (1996) studied cases in which fantas-
tic elements were present. She notes: fantastic elements occurred
most frequently in the accounts of children known to have been
abused, and indeed were most common among children known to have
suffered severe abuse. These findings directly counter the hypothesis
that fantastic elements in childrens accounts of abuse give reason to
discredit the entire account (p. 8). Dahlenberg suggests that the bias
that can be produced by hearing fantastic elements should be coun-
tered by investigating the source and meaning of the elements.
The NCAC Disclosure Credibility Desk Guide (discussed in detail
later), which was designed to assist the decision-making process dur-
ing a Forensic Evaluation, encourages the user to explore on several
levels for the meaning of unusual or improbable elements in childrens
statements. Embedded in the guide is a systematic process of evaluat-
ing the disclosure in terms of several categories described by Everson,
including developmental and emotional factors, motivational factors
and alternative explanations. Everson suggests that interviewers may
overly dismiss disclosures due to these unusual elements and/or are
too defensive when encountering the elements during interviewing or
court. An evaluator need not be as defensive in the presence of such
elements if he or she conducts a careful analysis of them in the context
of other aspects of the disclosure and of the childs functioning. This
multi-level analysis should lead to increased accuracy in the decision
whether or not to dismiss the disclosure due to the unusual elements,
and increase precision in communicating with other professionals and
juries about the childs statements.
Interview Structure and Practice
How Many Interviews?
There are negatives associated with both too many and too few
interviews. If decisions are made with too few interviews, the system
may miss identifying abuse and place or leave a child at continued
risk. If too many interviews are conducted, the associated risk is the
potential of influencing the child. Excessive numbers of interviews
also can be costly, reducing the number of children who can reap the
benefits of an extended evaluation. The Forensic Evaluation protocol
is being refined based on practice and research. As mentioned above,
it was begun as a 12-session model and reduced to eight based on
Forensic Issues 95
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Much has been written about how to assess interview and other data
(Faller, 1988; Pence & Wilson, 1994; Raskin & Yuille, 1989; Yuille,
1988). Some factors consistently examined are interview findings,
external factors such as medical evidence, and linguistic production of
the childs account. The final step of the Forensic Evaluation protocol
is to examine the credibility of the results using the NCAC Disclosure
Credibility Desk Guide. The guide is not an empirically normed scale,
although the larger research project will enable evaluation of its char-
acteristics. It is a desk guide, designed to help the evaluator in analyz-
ing the results of a Forensic Evaluation. It is intended to be used as a
tool during decision-making regarding the disclosure. The elements in
the guide are drawn in part from the literature on statement validity
analysis. The elements are provided as a framework for analysis of the
evaluation outcome, and they fall into eight categories: (1) confirming
qualities of statements, (2) specific details obtained, (3) developmen-
96 Maltreatment in Early Childhood: Tools for Research-Based Intervention
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FIGURE 1.
Disclosure Non-Disclosure or
Problematic Disclosure
1997. Referral criteria were detailed earlier in this paper. The mean
age of the children was approximately 7.5 years, with a range of 2.5 to
16 years of age. Thirty-two or 63% of the sample were female and 19
or 37% of the sample were male. Thirty-four or 67% of the sample
were white and 17 or 33% of the sample were African-American.
Outcomes of Disclosure Credibility Assessment
After disclosure credibility assessment by the evaluator, the out-
comes were categorized in the manner described earlier (see Table 1).
Out of the 51 evaluations done according to the protocol, 24 (47%) of
them resulted in credible disclosures supporting the validity of the
sexual abuse allegations. Confirmatory factors associated with these
disclosures are illustrated in Table 2. In 71% of the cases with credible
disclosures, legal action was successfully pursued. A number of con-
fessions were obtained by confronting alleged offenders with specific
details of childrens statements obtained during Forensic Evaluations.
In all familial offender cases, protection measures were initiated by
child protective services. Confirmatory factors existed in 83% of the
cases. Recalling that children placed in Forensic Evaluation are placed
there when results of initial investigative efforts are unclear, the sys-
tem may not have had this rate of legal and protective success had
there not been a means for children to disclose in a non-pressured
setting.
Nine (18%) were categorized as credible non-disclosures. As de-
scribed above, the conclusion of the evaluation was that abuse was
unlikely to have occurred. In each case, an alternative explanation was
found for the initial suspicion. In two cases, the childs initial descrip-
tion of an innocuous event such as bathing or medication application
was misinterpreted. In three cases, non-aggressive sexual acting out
with peers was identified with no known adult involvement, and ap-
propriate referrals and interventions were made. In two cases, the
children were assessed as having general impulse control problems,
and the sexual acting out initially identified appeared to depend on the
impulse control rather than sexual abuse. These children were referred
for mental health services.
Six cases were categorized as non-credible disclosures. Recall that
these cases were referred from a larger group of over 200 reviewed by
the team. Three of these six children were siblings, and the evaluation
results strongly suggested coaching by an adult caregiver to make
Forensic Issues 99
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Disclosure Non-Disclosure or
Problematic Disclosure
n = 24 (47%) n = 9 (18%)
Subject Witness Medical Confession Alleged Alleged Indictment Conviction Family Child
Evidence Offender Offender Court- Welfare
Declined Failed Intervention Safety
Polygraph Polygraph Plan
1 x x x x
2 x x x
3 x x x x x
4 x x x x x
5 x x x x x
6 x x x x x
7 x x
8 x x x
9 x x
10 x x x
11 x x pending x
12 x x
13 x pending x
14 x x pending x x
15 x x pending x x
16 x pending na
17 pending na
18 x x x
19 x
20 x x x x
21 x pending na
22 x x x x
23 x x prosecution x
agreement
24 na
CONCLUSION
The creation and implementation of the NCAC Forensic Evaluation
Protocol and the initiation of a larger scale research project as dis-
cussed here are in response to the assertion of many leaders in child
protection that field research on child interviewing and evaluation is
needed. There is no question that field generated research potentially
has massive methodological confounds. The internal validity of such
research is often problematic. However, the gain in external validity is
what is currently needed. It is a matter of starting somewhere. The
Forensic Evaluation model was designed with careful attention to
current research knowledge and now scores of dedicated professionals
and researchers have joined together. They have committed them-
selves to adoption of the model and to the expensive and painstaking
task of collecting data to refine practices further, and perhaps more
importantly, to advance knowledge.
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