Police Investigators' Perceptions of the Challenges Associated With Interviewing Adult Sexual Assault Complainants.

Although police organizations have devoted considerable effort to training investigators in evidence-based witness interviewing techniques, there is some suggestion that current practices do not meet the multifaceted requirements of sexual assault cases. Here, we assessed the specific challenges inherent in conducting interviews with adult sexual assault complainants, by conducting in-depth interviews with 21 experienced investigators from both Australia and New Zealand. The challenges that investigators identified fell into three broad themes: meeting the evidential needs of sexual assault investigations, establishing credibility, and managing complainant vulnerabilities. We discuss how the investigative interview process might be modified in line with these challenges.

Australian stakeholders' views on improving investigative interviews with adult sexual assault complainants.

Investigating sexual assault is one of the most challenging tasks in modern-day policing. Because investigators must rely largely on the account provided by the complainant to establish whether or not a criminal offence has occurred, the way in which these accounts are elicited becomes paramount. Although there is a strong empirical consensus on how to maximise the completeness and accuracy of eyewitness accounts, several researchers have suggested modifying adult sexual assault interview protocols to better satisfy investigative and evidential needs and to provide complainants with a greater level of emotional support. This article explores professional stakeholders' views on what form these changes might take, and identifies the broad themes that drive these views.

Similarities in modi operandi of institutional and non-institutional child sexual offending: Systematic case comparisons.

Little is known about the extent to whichinstitutional child sex offending differs from non-institutional offending. Strategies to secure the compliance of child victims were systematically compared to compare the modi operandi (prior to, during and following abuse), and the type of power (intimate, aggressive, coercive) applied by child sexual offenders in institutional versus non-institutional settings. A sample of 59 of the most recent child sexual abuse cases referred for prosecution in three Australian states was manually reviewed and coded. Of these, six were cases of institutional abuse, one of which involved crossover offending. Based on complainant age and gender and patterns in offending behaviors, institutional cases were matched with cases of non-institutional abuse. Complainants of both genders ranged in age from 5 to 16 years at abuse onset. Offenders were male family members or friends, priests, an employer and one female school teacher. Results demonstrated commonalities in the modi operandi and grooming methods applied in institutional and non-institutional contexts. Implications for abuse prevention are summarized.

The effect of expert witness testimony and complainant cognitive statements on mock jurors' perceptions of rape trial testimony.

This study explores the influence on juror decision-making of expert witness and rape complainant testimony that explains a complainant's counter-intuitive behaviour. A total of 280 participants read a vignette of a date rape scenario containing one of four combinations of conditions: expert witness testimony present or not present and complainant's explanatory statement present or not present. No significant effects were found between conditions for defendant guilt likelihood and complainant credibility or blameworthiness, but the participants judged the defendant as more blameworthy when both the complainant's explanatory statement and the expert witness testimony were present. The participants' qualitative responses about their reasoning suggest that they were more likely to use evidence-based reasoning in their judgements when expert witness testimony and cognitive statements were present. This emphasises the importance of police and prosecutors finding ways to mitigate the potentially detrimental effects of rape myths when gathering evidence and constructing a case.

The "Good Old Days" of Courtroom Questioning: Changes in the Format of Child Cross-Examination Questions Over 60 Years.

Recent decades have seen an explosion of research into children's eyewitness capabilities and resulted in legal reform to render the adversarial trial process more child friendly. Many, however, have been left with the feeling that the most intimidating legal process for child complainants-cross-examination-has not changed meaningfully despite its potential to distort children's evidence. To test this possibility, we compared the cross-examination questioning of Australian child sexual abuse complainants in the 1950s to that used in contemporary cases. We found that the format of cross-examination questions has remained largely consistent over time, with leading questions still making up the bulk of the questions asked. The changes that we did observe, however, are concerning. Cross-examination questions posed to contemporary child complainants were less likely to be open-ended and more likely to be complex, relative to those asked in the 1950s. Crucially, contemporary complainants were asked 3 times as many cross-examination questions as they were 60 years ago. These changes are likely to have detrimental effects on child complainants and their evidence and could reduce the ability of jurors to reach just outcomes in these cases.

Judges' delivery of ground rules to child witnesses in Australian courts.

Ground rules directions are given to children in forensic interviews to explain what is expected of them, and to reduce their tendency to acquiesce to erroneous or incomprehensible questions. Ground rules may also be necessary when children provide testimony in court. Drawing on research conducted for the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, the present study examined the use of ground rules directions delivered in court in 52 trials by 24 presiding judges in three jurisdictions to 57 child complainants (aged 7-17.5 years). Eleven categories of rules were identified. The number of words spoken to deliver each rule was counted, and grade-level readability scores were calculated as a proxy for the complexity of the ground rules. When judges asked comprehension or practice questions, the question types were coded. More than one third of the children (35%) received no ground rules directions from the judge; the remaining 65% received directions on an average of 3.5 types of ground rules out of a maximum of 11 types. While comprehension questions were common, practice questions were rare. Comprehension questions were most often presented in a yes/no format that implied the expected response, although this form of question is unlikely to provide an effective assessment of a child's comprehension. Neither the number of rules delivered nor the number of words used was related to children's age. Implications for children's court testimony are discussed.

A historical comparison of Australian lawyers' strategies for cross-examining child sexual abuse complainants.

Many child sexual abuse complainants find the adversarial trial process so distressing that they say they would never report abuse again. Their concerns stem largely from cross-examination, in which the lawyer acting for the accused attempts to discredit their evidence. We examined whether-and if so, how-Australian defense lawyers' approaches to cross-examining child sexual abuse complainants have changed meaningfully over the past 60 years. To do this, we systematically evaluated cases that were prosecuted in the 1950s, comparing them to a matched set of cases from the turn of the twenty-first century. Despite the intervening law reforms designed to improve complainants' experience in court, we found that, relative to their historical counterparts, contemporary child complainants of sexual abuse are actually subjected to far lengthier cross-examinations involving a much broader range of strategies and associated tactics. These findings have important implications for future legal practice and reform, and for the way in which these are evaluated.

The 'Worst of the Worst': Detectives' Beliefs about Dangerous Violent Offenders and How to Deal with Them.

Police detectives come into contact with a community's most dangerous violent offenders, but there is little empirical research concerning detectives' beliefs about their characteristics. Twenty experienced detectives compared the characteristics and attributes of two offenders they believed to be the most dangerous repeat violent offenders in their community with two violent offenders who they believed to be less dangerous. Eighty offenders were identified in total. Thirteen bipolar dangerous-less dangerous constructs that differentiate the most dangerous violent offenders from other violent offenders were identified. The most frequently identified themes, mentioned by three quarters or more of the detectives, are being a heavy drug user (particularly amphetamines), being impulsive, and not thinking of the consequences of one's actions. The next three themes, mentioned by half of the detectives are extensive and regular offending, breadth of offending, and wishing to portray oneself as a 'tough guy'. One theme detectives did not mention frequently is mental illness as being associated with the most violent offenders, suggesting that detectives may miss mental illness in their interactions with offenders. Detectives suggested responding to the most dangerous violent offenders with longer sentences, extensive monitoring and better intelligence.

Want a Better Criminal Justice Response to Rape? Improve Police Interviews With Complainants and Suspects.

Achieving just outcomes in rape cases is difficult, but there are ways we can improve the investigation and prosecution of these crimes, now. We outline how targeting variables, within control of the criminal justice system, can improve the quality of information police obtain from interviews with complainants and suspects. We explore how, by preserving these accounts on video, the criminal justice process can better use this information to improve effective decision making from investigation through to criminal trial through to prevention.