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Assessment of Children in Suspected Child Sexual Abuse in Light of Daubert and Frye: Limitations of Profiles and Interviews as Scientifically Grounded Evidence

NCJ Number
183935
Journal
Journal of Forensic Sciences Volume: 45 Issue: 3 Dated: May 2000 Pages: 573-581
Author(s)
Brian J. Bigelow Ph.D.
Date Published
May 2000
Length
9 pages
Annotation
This article reviews some key psycholegal issues bearing on the assessment of suspected child sexual abuse (CSA).
Abstract
The article reviews assessment of suspected CSA in the contexts of recent psycholegal precedence and common law rules of reliability and admissibility of CSA profile evidence; the empirical problems with CSA syndromes; the problems with children’s interviews as evidence and suggestions for valid interviewing guidelines supporting free recall. The psycholegal issues are presented in terms of the Frye standard for expert testimony and the Federal Rules of Evidence, with recent American and Canadian case illustrations. Tentative CSA interview guidelines and working assumptions include: (1) Consistency is not a valid indication of children’s statement accuracy; (2) Keep interviews to a minimum; (3) Children seldom recant unless they are provoked to do so; (4) Interview children without their parent(s) present; (5) Avoid inappropriate comments; (6) Establish neutral rapport; (7) Avoid inducements; (8) Children may misidentify the perpetrator; (9) Discuss truth and falsehood with the child; (10) Children have good recall of traumatic events but CSA is not necessarily traumatic; (11) Avoid using anatomically detailed dolls; and (12) Believability is not a valid criterion of a credible settlement. References