Question Types, Responsiveness and Self‐contradictions when Prosecutors and Defense Attorneys Question Alleged Victims of Child Sexual Abuse

Abstract

Summary We examined 120 trial transcripts of 6‐ to 12‐year‐old children testifying to sexual abuse. Age and attorney role were analyzed in relation to question types, children's responsiveness and self‐contradiction frequency. A total of 48,716 question–response pairs were identified. Attorneys used more closed‐ended than open‐ended prompts. Prosecutors used more invitations (3% vs. 0%), directives, and option‐posing prompts than defense attorneys, who used more suggestive prompts than prosecutors. Children were more unresponsive to defense attorneys than to prosecutors. Self‐contradictions were identified in 95% of the cases. Defense attorneys elicited more self‐contradictions than prosecutors, but nearly all prosecutors (86%) elicited at least one self‐contradiction. Suggestive questions elicited more self‐contradictions than any other prompt type. There were no associations with age. These findings suggest that neither prosecutors nor defense attorneys question children in developmentally appropriate ways. Copyright © 2014 John Wiley & Sons, Ltd.