One of the toughest responsibilities of our justice system is to zealously protect children from abuse while at the same time preserving the rights of criminal defendants accused of such crimes. In our country, a defendant is presumed innocent until proven guilty beyond a reasonable doubt. But when the safety of a child is at stake and in the face of such repulsive crime, it can be hard to remember the legal presumption of the alleged perpetrator's innocence. These competing interests make the goal of the neutral, unbiased child abuse investigation difficult to guarantee.

Bias in Favor of Children

We owe professionals and public servants such as social workers, child protection workers, child advocates, law enforcement, investigators, medical staff, therapists and psychologists our gratitude for devoting their careers to the protection of children from abuse and neglect. However, in immersing themselves in the fight against child abuse it is possible and understandable that these professionals may develop an inherent bias in favor of the alleged victims and against the alleged abusers. Historically, this bias has too often tainted the fairness of child abuse investigations, especially of child victim interview procedures.

It is human nature to believe a child and most allegations are true; nevertheless, an untrue charge destroys the life of the accused. Recent studies have shown that children can tell lies, especially older kids. Often, the alleged abuse was reported by a third party who, even if not entirely certain, erred on the side of safety or followed a mandatory reporting requirement. In these third-party reports, the interviewer of the child must be scrupulously careful not to taint the child's testimony by inherently biased questioning or suggestive word choice. In response to such tainted questioning, children can unintentionally tell falsehoods or exaggerations, or describe things they actually believe happened, but did not.

Research has even shown that an interviewer's beliefs about what happened can affect the content of the child's responses.

Interview Techniques

Unbiased, neutral interviews are particularly crucial because children, especially younger ones, naturally trust adults and want to please them. A kid may say what he or she thinks the interviewing adult wants to hear. If the adult subtly suggests the "right" answer, the child may respond accordingly without completely understanding the meaning or impact.

Professional studies suggest that the most accurate facts come from forensic interviews of children using open-ended questions. On the other hand, a number of commonly used questioning techniques may elicit inaccurate information, especially of preschool-age children. Such techniques include:

• Those that repeat the same questions in the effort to uncover abuse or get different answers
• Those that ask leading questions
• Those that strongly challenge denials of abuse
• Those that coach for certain answers
• Those that plant misleading or false information
• Those that reflect inherent interviewer bias
• Those that suggest rewards or punishment for certain answers
• Those that exert peer pressure by suggesting other kids have substantiated the accusations

To help ensure more accurate, fair interviews, the National Institutes of Health (NIH) recommends that the interviewer introduce himself or herself to the child, clarify the reason for the questioning, encourage the child to correct inaccuracies and tell the child to admit when they do not know an answer rather than guess. Interviewers should also consider:

• Videotaping or audio taping the procedure
• Conducting the interview as soon as possible after the alleged events
• Training the forensic interviewer carefully in neutral interview techniques, such as controlling emotion and body language
• Asking the child to recall what happened, rather than suggesting what happened
• Using as the interviewer a neutral professional rather than the child's own therapist
• Exploring alternative possibilities to abuse
• Avoiding terms that are not age appropriate and clearly defined

Protect Yourself

If you have been wrongly accused of child abuse or suspect that such an accusation may surface — such as in the context of a contentious divorce or custody dispute — it is in your best interest to consult immediately with an experienced criminal defense attorney thoroughly familiar with the constitutional and legal rights of child abuse defendants in your state. Be sure you have a strong advocate for fairness in your corner before, during and after any child-abuse investigation.