As children’s testimonies of child sexual abuse (CSA) often lack concrete evidence to corroborate a child’s claims, attorneys devote a substantial amount of time to establishing a child as credible during the course of a trial. Examining 134 CSA victim testimonies for children aged 5–17 ( M = 12.48, SD = 3.34; 90% female), we explored how attorneys assess child credibility through specifically targeting children’s suggestibility/honesty, plausibility, and consistency. Results revealed that while prosecutors examine plausibility more often to establish credibility, defense attorneys focus their assessments on suggestibility/honesty and potential inconsistency. However, both attorneys asked many more questions about children’s consistency than any other area of potential credibility. Furthermore, while prosecutors ask proportionally more credibility-challenging questions of older children, the defense do not. These results suggest that prosecutors may be missing an opportunity to establish children as honest and consistent and elucidate a need to train attorneys on the implications of children’s inconsistencies, suggestibility, and plausible abuse dynamics.

Objective. Cognitive biases can impact experts' judgments and decisions. We offer a broad descriptive model of how bias affects human judgment. Although studies have explored the role of cognitive biases and debiasing techniques in forensic mental health, we conducted the first systematic review to identify, evaluate, and summarize the findings. Hypotheses. Given the exploratory nature of this review, we did not test formal hypotheses. General research questions included the proportion of studies focusing on cognitive biases and/or debiasing, the research methods applied, the cognitive biases and debiasing strategies empirically studied in the forensic context, their effects on forensic mental health decisions, and effect sizes. Method. A systematic search of PsycINFO and Google Scholar resulted in 22 records comprising 23 studies in the United States, Canada, Finland, Italy, the Netherlands, and the United Kingdom. We extracted data on participants, context, methods, and results. Results. Most studies focused only on cognitive biases (k = 16, 69.6%), with fewer investigating ways to address them (k = 7, 30.4%). Of the 17 studies that tested for biases, 10 found significant effects (58.8%), four found partial effects (23.5%), and three found no effects (17.6%). Foci included general perceptions of biases; adversarial allegiance; bias blind spot; hindsight and confirmation biases; moral disengagement; primacy and recency effects; interview suggestibility; and cross-cultural, racial, and gender biases. Of the seven debiasing-related studies, nearly all (k = 6) focused at least in part on the general perception of debiasing strategies, with three testing for specific effects (i.e., cognitive bias training, consider-the-opposite, and introspection caution), two of which yielded significant effects. Conclusions. Considerable clinical and methodological heterogeneity limited quantitative comparability. Future research could build on the existing literature to develop or adapt effective debiasing strategies in collaboration with practitioners to improve the quality of forensic mental health decisions. Public Significance StatementEvidence of bias in forensic mental health emerged in ways consistent with what we know about human judgment broadly. We know less about how to debias judgments-an important frontier for future research. Better understanding how bias works and developing effective debiasing strategies tailored to the forensic mental health context hold promise for improving quality. Until then, we can use what we know now to limit bias in our work.

Since rape myths were codified in 1980 ( Burt, 1980 ), scholars have shown that individuals who endorse rape myths perceive victims as less credible and more responsible for rape and perpetrators as less responsible. Studies also show that rape myths hinder successful adjudication of rape cases by influencing juries’ assessments of perpetrator guilt ( Dinos et al., 2015 ). While most of this research focuses on sexual assaults involving adult victims, some scholars have found that victims as young as 12 are blamed for rape. If rape myths influence the perceptions of sex offenses even when victims are children, then defense attorneys in child sexual abuse (CSA) cases may be motivated to highlight rape myth in CSA trials. In the current study, we conducted a content analysis of the cross-examinations of 122 children, aged 6 to 17, alleging CSA to determine if and how defense attorneys question children about rape myths. We looked for questions about force and resistance, motives to lie, victim precipitation, and character issues (e.g., habitual drug use). We found that defense attorneys commonly referenced rape myths in CSA trials. A total of 10% of all defense attorneys’ lines of questioning referenced a rape myth, and attorneys asked 77% of children at least one rape myth line of questioning. Whether or not attorneys asked about different myths and the content of these questions varied by children’s age. Our findings indicate that defense attorneys use rape myths strategically to undermine children’s credibility in CSA trials, but they adapt (adult) rape myths in ways that are plausible in the CSA context. Policies formed to prevent the prejudicial impact of rape myths at sexual assault trials involving adults (e.g., rape shield laws) may not adequately prevent their impact in CSA trials. Prosecutors, therefore, should address rape myths at CSA trials.

Researchers have established that rape myths shape perceptions of victims and perpetrators in criminal cases. Researchers have devoted less attention to exploring the impact of child sexual abuse (CSA) myths in court. While we know that jurors believe myths and misconceptions about the nature of CSA, no work has explored how these myths appear during the prosecution of CSA cases. The purpose of the present investigation was to assess how defense attorneys apply myths more specific to CSA in the questioning of children testifying about alleged CSA. The present study compliments and expands upon a previous study by St. George and colleagues (2021a), where authors examined the use of rape myths in the questioning of children making allegations of CSA. In the current study, we examined testimonies of 122 children testifying in criminal cases of alleged CSA in the United States. We qualitatively coded 6,384 lines of questioning for references to CSA-focused myths related to the disclosure process, witnesses and privacy issues, assumptions of harm, and the child’s positive relationship with the perpetrator. These myths were common, occurring in over 10% of defense attorneys’ lines of questioning. Disclosure issues were the most frequent, followed by witness and privacy issues, assumptions of harm, and the child’s positive relationship with their perpetrator. In many cases, attorneys employed different strategies across child’s age to highlight these myths. These findings compliment those of prior work suggesting that CSA myths, much like rape myths, are appearing with regularity. Defense attorneys are likely capitalizing on jurors’ misconceptions to undermine children’s believability.

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