Psychologist researcher Hollida Wakefield and Lutheran Minister turned clinical psychologist, Ralph Underwager, taught that the “natural history” (origin, timing, and nature) of a child abuse allegation must be examined (Wakefield & Underwager, 1990 & 1991). While they focused primarily on sexual abuse accusations, their strategy is applicable to other forms of alleged abuse as well. They provided preliminary guidelines for the determination of true versus false accusations. They defined factors behind false allegations of sexual abuse, including the character of the accuser, the persons who aid and in many cases abet the accuser, and the use of leading or manipulative questioning. Counsel and the defense team should be mindful of the list Wakefield and Underwager (1990 &1991) provided to differentiate between real and false allegations; they suggested the fact finder examine the:
- Origin of the disclosure;
- Timing of the allegations;
- Age of the child;
- Behavior of the accusing parent;
- Nature of the allegations;
- Characteristics of the child’s statement;
- Personality characteristics of the parties involved; and
- Behavior of the Professionals involved.
For this reason counsel, staff researcher and the defense team expert must carefully analyze every statement made by Adrian, every statement attributed to Adrian by another, and specifically how the CPS and the CAC personnel arrived at their conclusions. The CAC video-recorded “forensic” interviews must be analyzed, second by second, for indications of parental influences; interviewer bias; leading, suggestive, or repetitive questions; interviewer modifications of what was said; questions that suggested new content; questions that denigrated Richard; and so forth. Each utterance must be coded as to when it was made, what specifically was said and to whom the statement was made. Lacking a skilled researcher, this process can be replicated by any attorney near a university. A little searching (try Craig’s List) will find a social sciences graduate student who is already plugged into numerous medical and behavioral science databases through their study. They all need money and the good ones can break down the science jargon easily. The statements analysis should then be laid out in an Excel spreadsheet. These coded lists should be cross-referenced as they will form the basis for cross-examination of the accuser and other witnesses over their inconsistencies, contradictions, and outright fabrications.
In Richard’s case, counsel will prepare specific science content areas to deal with the alleged “Daddy hurt me” statement and its aftermath. Review of the natural history of the allegation shows that some time before little Adrian is said to have made the “Daddy hurt me” statement, Jane was away at a continuing education seminar and Adrian and Richard traveled to a hotel and theme park. On the return trip to the family home, Richard was cut off in traffic by an elderly couple driving through a red light. When he slammed on the brakes, Adrian’s improperly fastened seat belt gave way and the child collided with the rear passenger doorpost. Her black eye and bruises took several hours to appear. When they arrived home, Jane grabbed Adrian and left the home. To educate the trier of fact about what Jane has been saying to Adrian and how the “Daddy hurt me” statement came about is counsel’s first science content area: parental influences on children’s memory. When Jane took little Adrian to CPS, the investigator sent Jane and Adrian to the local CAC for a forensic interview. With respect to the interview and the effects of the play therapy on Adrian, counsel’s second science content area is children’s suggestibility.
Over the course of months since the alleged “Daddy hurt me” statement, the play therapist has carefully noted the many additional statements Adrian has made involving “Daddy” and “hurting” and “a long time.” Jane’s counsel, the prosecutor and the play therapist all say that Adrian’s alleged “Daddy hurt me” statement is clearly a delayed disclosure. This, then, is the third science content area counsel we at PsychLaw.net know must develop.
Wakefield, H., & Underwager, R. (1990). Personality characteristics of parents
making false accusations of sexual abuse in custody disputes. Issues in
Child Abuse Accusations, 2(3), 121–136.
Wakefield, H., & Underwager, R. (1991). Sexual abuse allegations in divorce and
custody disputes, Behavioral Sciences and the Law, 9(4), 451-468.