Blaming Children: How Rape Myths Manifest in Defense Attorneys’ Questions to Children Testifying About Child Sexual Abuse

Abstract

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.

Myths and Misunderstandings About Child Sexual Abuse in Criminal Investigations

“…This age-sensitive questioning may be somewhat strategic as disclosure patterns vary with child age (McElvaney, 2008). In further support, St George et al (2022a) found that defense attorneys used different strategies to employ rape myths across different age groups in ways that were plausible and realistic. Again, these tactics may be purposeful as children’s abuse experiences and ability to communicate these experiences are not static across age groups.…”

“…The present work serves to complement and expand upon St George et al 2022a paper to explore how both well-established and novel CSA myths are used by defense attorneys during the cross examination of children alleging CSA. In the current study we use the same dataset as St George et al (2022a) to examine how CSA myths related to disclosure, witnesses and privacy, assumptions of harm, and the child’s relationship with their perpetrator appear across defense attorney questioning of children testifying about allegations of CSA. Furthermore, we examine how these myths manifest differently across child age.…”

“…Given myths and misconceptions about CSA may differ from myths and misconceptions about rape generally, understanding how CSA myths manifest in trials is useful. Given recent findings (St George et al, 2022a), we expected CSA myths to be somewhat common during CSA trials, as prior evidence suggests rape myths specifically appear with regularity.…”

“…Indeed, we know of no work that explores how a series of myths specific to CSA present in criminal trials, though researchers have examined myths associated with adult sexual violence in this context (Prince et al, 2017; St George et al, 2022a). St George et al (2022a) explored how rape myths manifest in defense attorneys’ questions to children making allegations of CSA, finding that 11% of defense attorneys’ lines of questioning, and 77% of cases drew upon rape myths. Attorneys often tailored their questioning practices to the age of the child, for example asking older children about drug use and younger children about home misbehavior when addressing victim character issues.…”

nueva era para los derechos de la infancia

“…This means creating a safe environment for unaccompanied children, offering them care, and living conditions that meet their needs and vulnerabilities, and offer effective protection. Third, redouble efforts to fight criminal networks smugglers and traffickers (George et al, 2021;Hallet, 2016). And four measures can significantly help reduce the number of missing unaccompanied children: Provide quality reception and accommodation in foster care and small units in line with existing child protection standards such as the UN Alternative Care Guidelines; Ensure prompt appointment of trained and qualified guardians for all unaccompanied children; Build-up trust; Consider measures to ensure prompt family reunification procedures and early identification and implementation of durable solutions 18 .…”