U.S. Defense Attorneys' Implicit Questioning of Children in Child Sexual Assault Trials

The present study examined the frequency and content of implicit questions asked to 6- to 17-year-olds during cross-examinations (N = 122) of children in child sexual assault trials and analyzed how often they rebutted these questions. Through qualitative content analysis, we found that defense attorneys most commonly asked children implicit questions about: ulterior motives, coaching, being untruthful, missing disclosure opportunities, having poor memory, and other credibility issues. Implicit questions were posed in 63% of cases, with children rebutting only 11% of implied inquiries. We observed no significant correlations between the age of children testifying and the overall frequency of implicit questions or rebuttals. However, age differences were found based on the content of the questions; younger children (aged 6-12) were more frequently subjected to implicit inquiries about coaching, whereas teenaged adolescents (aged 13-17) faced more questions related to truthfulness and credibility issues. In conclusion, children were frequently asked implicit questions that implied credibility concerns, which may be difficult for children to understand. Furthermore, defense attorneys change the focus of the content of their implicit questions depending on the age of the child testifying.