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Child Sexual Assault - Children's Memory and the Law

NCJ Number
100290
Journal
University of Miami Law Review Volume: 40 Issue: 1 Dated: (November 1985) Pages: 181-208
Author(s)
G S Goodman; V S Helgeson
Date Published
1985
Length
28 pages
Annotation
Ways to increase the probability of obtaining accurate and complete reports from child victims of sexual assault are discussed, based on a review of the psychological literature on children's memory and eyewitness testimony.
Abstract
A discussion of research on human memory accompanies suggestions on handling both the first interview with the child and the questioning during the trial. The possibility of using one highly trained, neutral interviewer to conduct videotaped interviews for trial presentation is suggested as an alternative to the adversary process. Also recommended is removal of children from the adversary process because of the stress that it causes and its inability to produce complete and accurate testimony. Recommendations are based on clinical experience indicating that children rarely lie or fantasize about the central incidents of a sexual assault and that the few cases of documented fabrication involve numerous undesirable interviewing practices that should be eliminated. Footnotes.