Allegations of sexual abuse are often the easiest crimes to accuse and the hardest to defend. For instance, corroborating evidence and testimony is usually the standard in most criminal cases; however, given the impact of such allegations, authorities and juries are likely to believe uncorroborated and unsubstantiated allegations.
Because of this, defending allegations of sexual abuse can be an incredibly daunting and difficult task, especially when children are involved. It is rare for children to conjure up allegations of sexual abuse, so any communication regarding them should be taken incredibly seriously. However, there is a bounty of research suggesting children are susceptible to suggestive interviewing techniques which could come into play if a child is questioned. Unfortunately, these techniques are sometimes used to manipulate children or the accusers.
Criminal Defense Attorneys should be aware of techniques that other parties may employ to influence victims. The following six interview behaviors have been associated with suggestive interview techniques, and should be considered warning signs that a party is trying to manipulate a child who has made accusations of sexual abuse:
1. Positive Consequences: Offering the child positive consequences – like giving, promising, or implying praise, approval, agreement, or other rewards – as well as indicating the child could demonstrate desirable qualities, like helpfulness or intelligence, by making a statement to the interviewer is one technique interviewers could use to influence a child’s testimony.
2. Negative Consequences: Interviewers may criticize or disagree with the child’s statements or indicate it is incomplete, unbelievable, dubious, or disappointing to give the impression the child could be at fault for testifying.
3. Mentioning Other People: Telling the child the interviewer has received information from another person regarding the topics of the interview can also work to influence them.
4. Questions Asked and Answered: Asking the child questions already unambiguously answered in the immediately preceding part of the interview can manipulate their final answers.
5. Inviting Speculation: Asking the child their opinions or encouraging them to speculate about past events or framing the child’s task during the interview as using their imagination or solving a mystery can influence their response.
6. Introducing Information: Providing information not previously mentioned by the child can confuse them; the new information in either an interviewer’s statement or question could represent a substantial addition or discontinuity with the child’s previous statements.
When preparing to represent a person accused of sexual abuse, criminal defense attorneys should familiarize themselves with the potential interview techniques. Understanding these can help the lawyer best defend their client’s case in court.
If you or someone you love is accused of sexual abuse, give Gustitis Law a call. Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 28 years of experience practicing criminal law and criminal defense in the Bryan-College Station Area. Have questions about sexual assault charges and need a lawyer? Contact us 24 hours a day at 979-823-9111 or send us a message here.
