Child Testimony Credibility in Relation to Domestic Violence Cases

Written by Claire Boysen

Edited by Sabrina Yang

Domestic violence is a prevalent and escalating issue around the world, with nearly 20 to 30% of women experiencing domestic violence at some point in their lives (Huth-Bocks and Hughes, 2008). Research has shown that certain factors increase the susceptibility to domestic violence. These factors include low income, low education, mental illness, alcohol use, younger marriages (Shayestefar et al., 2023), and a history of domestic violence (Almis et al., 2020). Children living in these environments are often exposed to traumatic events that affect their psychological well-being (Lehmann, 1997). Recently, victims have been more prone to bringing these cases to court due to a shift in societal views of women’s empowerment. As domestic violence continues to rise, its impact extends beyond the direct victims. Children living in these environments can find themselves giving testimonies in court. Given the previous research and relevance of domestic violence, understanding child witness credibility is a key factor in legal decision-making. According to Merriam-Webster, a testimony is defined as “a solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official.” However, children are often viewed with extensive scrutiny in court, as their ongoing development may influence their ability to recall the events that occurred. 

When analyzing cases, a key factor that impacts jurors' perceptions is the emotional state of the witness. Landstrom et al. (2015) found “Typically, victims who show clear signs of distress when talking about their victimization are perceived as more credible, and are believed more readily, than victims who display little emotion or positive feelings.” Another relevant study showed that the more emotional a witness appeared, the more likely a guilty verdict would be rendered. The study included 575 people (local citizens and undergraduate students) who read a transcript of a case involving child sexual abuse. All participants read the transcript, then answered a questionnaire regarding their perceptions of the case materials. It was concluded in this study that “Those who perceived the child to be more emotional were more likely to render guilty verdicts, view the child as credible, and view the defendant as less credible” (Cooper et al., 2014). Although this study is applied to a different case classification, the ideology is consistent with more emotional child witnesses appearing more credible. 

Domestic violence is a highly emotional and complex issue. This analysis calls for recognition of child witness credibility, especially within a highly sensitive case classification. The existing literature highlights that child witness credibility is strongly influenced by the emotional expressions children have when testifying. With domestic violence cases increasing, this area represents an important intersection of legal practice and child psychology that has the ability to impact cases significantly. By recognizing the influence of emotional expressions, lawyers can ensure that a child’s testimony is interpreted accurately in domestic violence cases, in order to overcome juror bias. 

References

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