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Otago Daily Times
December 9, 2003
Most child witnesses change testimony
Effects of
questioning studied
by Joanna Norris
Many child witnesses and young victims involved in
court cases change their testimony on the stand, university researchers have
found.
University of Otago
psychologists have concluded questioning techniques used in New Zealand
courts are not suitable for children, after up to 85% of children involved in
two separate studies changed their story when subjected to cross-examination.
Dunedin author Lynley Hood, whose book A City Possessed argues the testimony
of children in the Peter Ellis sexual abuse case was tainted in part by
methods used to question the child complainants, said the findings were not
surprising.
Psychology lecturer Dr Rachel Zajac said the researchers first studied the
court transcripts from the cross-examination of 21 children, aged 5 to 13,
involved in sexual abuse cases.
Of those, 75% changed at least one aspect of their testimony under
cross-examination, compared with statements given when primary evidence was
gathered.
However, the researchers were unable to gauge whether their testimony was
changed to become more accurate or less. This prompted the researchers to
undertake a second study in which 45 5- and 6-year-olds from the Dunedin area were taken
on a trip to a police station.
They were interviewed about the experience and, eight months later,
re-questioned, using typical cross-examination techniques. The time gap was
to simulate actual delays between primary evidence gathering and trials.
During the cross-examination, 85% of the children changed at least one aspect
of their testimony. About one-third changed all their responses.
"The most concerning finding was that they changed their responses
irrespective of accuracy," Dr Zajac said.
Under cross-examination, the children were just as likely to change a correct
response as an incorrect one and the questioning significantly reduced
children's accuracy.
During cross examination, children were frequently asked leading or complex
questions, or ambiguous questions they did not understand, Dr Zajac said.
"Leading the witness is permitted and it's even actively
encouraged."
Dr Zajac said the researchers would like to see changes to cross-examination
systems to ensure judges more often intervened when questioning was not
appropriate and children were better prepared to cope with cross-examination
by defence lawyers.
Asked about the implications of the research for the Ellis case, which was
based on child testimony, Dr Zajac said: "The case highlights how
careful you have to be interviewing children".
The research was not prompted by the Ellis case involving children from the
Civic Creche in Christchurch,
she said.
Ms Hood said there was a growing body of evidence that showed how children's
evidence was vulnerable to pressure and manipulation.
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