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Developmental Challenges Underlying the Impeachment of Child Witnesses With Prior Inconsistent Statements
Colleen E Sullivan1,2, Stacia N Stolzenberg2, Shanna Dewit-Williams3
1University of Southern California, Gould School of Law, Los Angeles, CA, USA.
Child Maltreatment
|June 24, 2026
Summary
Attorneys frequently challenge child witness testimony using prior statements. However, 94% of alleged inconsistencies in child sexual abuse cases stem from developmental challenges, not actual contradictions.
Area of Science:
- Forensic Psychology
- Child Witness Testimony
- Legal Psychology
Background:
- Attorneys may impeach witness credibility using prior inconsistent statements.
- Child witnesses in sexual abuse cases are particularly vulnerable to questioning techniques.
Purpose of the Study:
- To analyze the nature and frequency of alleged inconsistencies in child witness testimony.
- To identify developmental factors contributing to inconsistencies in child witness statements during sexual abuse prosecutions.
Main Methods:
- Examined testimony from 120 sexual abuse prosecutions involving child witnesses aged 6-12.
- Identified and categorized alleged inconsistencies between current and prior statements.
- Analyzed question types and topics for potential developmental difficulties.
Main Results:
- In 11% of cases, prior statements were not actually inconsistent.
- In 94% of remaining cases, developmental difficulties in questioning contributed to inconsistencies.
- Common issues included suggestive tag questions, inquiries about time/number, distinguishing incidents, sexual terminology, and negative polarity items.
Conclusions:
- Alleged inconsistencies in child witness testimony are often a result of developmental challenges in questioning, not deliberate falsehoods.
- Understanding these challenges is crucial for accurate assessment of child witness credibility.
- Legal professionals should be aware of question-type and topic sensitivities when interviewing child sexual abuse victims.
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