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How Not to Investigate CSA: Case Study,
Berkshire County, MA
"Interviews
should be taped:"
Studies show interviewer's notes are inaccurate, misleading, incomplete
More
information on how not to interview young children (ORCT website)
About the Ritual Abuse Panic
About Recovered Memory
Timeline of the Ritual Abuse Panic
Links to more information
Transcripts of
child interviews from the Kelly Michael case
Transcripts
of child interviews from the McMartin case
Watch as an interviewer pressures a young girl into accusing Daniel
Keller (YouTube video)
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Believe the Children?
An influential
1983 article by Dr. Roland Summit led many well-meaning therapists
to believe that if a child denied that abuse occurred, then the child
was probably afraid to tell. But this ignores the possibility that
the child was telling the truth that nothing happened.
Even today, Summit's "Child Sexual Abuse Accommodation Syndrome"
is being presented uncritically to the law enforcement community.
The following quote is from the website of the American Prosecutors
Research Institute:
The process by which children disclose abuse has been presented
as a model entitled the Child Sexual Abuse Accommodation Syndrome.
According to this model, the victimization of a child is engulfed
in secrecy. Because the child is often abused by an authority figure,
she feels trapped and helpless. In dealing with the abuse, the child
victim accommodates or accepts the relationship. When the child
discloses the abuse, it is often an unconvincing disclosure. For
example, a family conflict may trigger the abuse allowing the perpetrator
to contend that his attempt to discipline the child resulted in
a fabrication of abuse. Subjected to familial and societal pressure,
the child typically recants the allegation of abuse. Indeed, Dr.
Roland Summit concludes that (u)nless there is special support
for the child and immediate intervention to force responsibility
on the father, the girl will follow the normal course
and retract her complaint.
Author Richard Wexler explains what's wrong with interpreting
a child's reluctance as a sign that the child is afraid to tell:
But not all, probably not even most, cases fit this pattern. When
parents are divorced, for example, the mother is likely to support
the child against the father.... The syndrome does not apply to
cases where the accused is not a parent. The syndrome does not apply
when the allegation is made only because of relentless pressure
by interrogators. And the syndrome does not take into account cases
that develop from honest misunderstandings, which can happen when
a child confuses "good touch" with "bad touch"
after a sexual-abuse-prevention presentation.
What can go wrong when children
are interviewed?
Drs. Stephen Ceci and Maggie Bruck explain in Jeopardy
in the Courtroom that a lot can go wrong -- with tragic consequences:
(Examples in parentheses are taken from actual transcripts of child
interviews)
- Ignoring some parts of a child's testimony while rewarding
others -- the questioner ignores statements the child makes
which don't fit the interviewers' theories, but reacts positively
to statements which do fit the theory, ex. "you are so brave
to tell me that."
- Repeated questions -- if a young child answers a question
such as, "Did Johnny touch you?" with 'no' but the question
is repeated and repeated, the child may answer 'yes' in an effort
to please the questioner, to provide the "right" answer.
- Letting the child know how the interviewer feels about the alleged
accuser -- (ex. "The police put her in jail. Because she
was hurting you, you know. That's why I really need your help, especially
you older kids, you 6-year-olds and kindergartners, because you can
talk better than the little kids, and you can show things a little
clearer on the dolls. And if you help us out we can take you on a
little tour of the jail. And you will be helping to keep her in jail
longer so that she doesn't hurt anybody else. Not to mention that
you'll feel a lot better once you start.")
- Peer pressure -- ex. "All the other friends I talked
to told me everything that happened. Randy told me. Connie told me...And
now it's your turn to tell. You don't want to be left out, do you?"
- The questioner is a person in authority, such as a police officer,
or a parent. Saying things to the child such as "It's okay
to tell," reinforces the idea that the child must cooperate.
Young children can be pressured into saying things that aren't true
and can even come to believe that what they are saying is true.
(ex. "Maybe it was true that Frank and Ileana were taking off
their clothes and the children taking off their clothes and ...
Frank and Ileana were touching the children in private places? Let's
just pretend that maybe it was true.")
'Extremely young and bewildered children were brought
in and interrogated (sometimes for over an hour) by one, two and
even three interviewers. These interviewers used the full array
of suggestive techniques to elicit allegations of abuse. When the
children denied they had been abused, they were bombarded with more
suggestions, they were scolded, threatened and bribed. When some
children whimpered, moaned or begged the interviewers to end the
questioning, the interviewers continued.'
Excerpt from Dr. Maggie Bruck's analysis
of a British case of false accusation against two nurses
Don't Abandon the Presumption of
Innocence
by David Weissbrod, Advocate for the Wrongfully Convicted
I strongly object to the assertion that in matters of sexual
abuse, "Children, especially preteens, do tell the truth . . .
why would any child lie!" While I would never advocate that we
ignore what children say about matters of abuse, I believe that we need
to look at this issue in a more reasoned light.
Concerned and well-intentioned child advocates, mental health professionals,
and law enforcement personnel were understandably inspired in their
determination to save children from this heinous abuse. At first,
these [advocates] succeeded in rescuing the issue of child sexual
abuse from society's silence and denial. For this we can all be grateful.
But now, many years later, the continued blind allegiance to the catchy
slogan and
pseudo-science that "kids don't lie" jeopardizes the credibility
of our children and fosters a climate where false allegations are nurtured.
Shall we keep shouting, "Kids don't lie," as we imprison innocent
fathers, day care workers, school bus drivers, grandparents, and others?
Over the past decade, the research of Drs. Maggie Bruck, Stephen Ceci,
and other social scientists have examined the effect of different variables
on the testimony and recall of children. Repeated questioning, inadvertent
or purposely suggestive interviewing techniques, guided imagery, and
interviewer bias are some of the things that could influence a child
into falsely reporting sexual abuse. Acrimonious divorces and bitter
custody/visitation battles, where the non-custodial parent (usually
the father) may be vilified, also provide a climate for false accusations.
Take what children say seriously, but please don't insist that the
Earth is flat just because little Johnny says so or has been led to
believe so. Generalizations, slogans, good intentions, and our understandable
disgust towards people who sexually abuse children are not acceptable
reasons for abandoning science and the presumption of innocence.
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