Importance of Video Taping
In False Allegation Cases
Provided by Allen N. Cowling
There is absolutely no reason or excuse not to videotape
all interviews conducted by any "professional" and any child when discussing an allegation of
sexual abuse. Research on interviewing using electronic recording equipment shows that it does not
interfere with the process of the interview. Persons, including children, readily adapt to the presence
of equipment and appear to forget it is there. It is best if the equipment is relatively unobtrusive
and that no operator be present. This situation is easily created and an interview can be managed by
remaining within the range of a camera set up to cover most of the interviewing area.
At least eleven states now have legislation mandating
videotaping of initial interviews of children when there is an accusation of child sexual abuse. There
has been no report of any trauma caused to children from the experience of these states. The study of
the experience in Texas from 1983 - 1987 is typical (DeLipsey and James, 1988). There has been no
difficulty experienced because of the act of videotaping and it will clearly identify the use of
leading and suggestive questions and coercion to make the child confirm certain information.
Following a review of several hundred videotaped
interviews, Slicner and Hanson (1989) describe as one of the many advantages of videotaping interviews
the subsequent critical review of the interview. They found a consistent pattern of serious errors
committed by numerous interviewers.
A study involving scientific analysis of videotapes and
audio tapes from 38 cases around the country demonstrated the high level of adult behavior toward
children that is coercive, leading, and contaminates the information gained from an interview
(Wakefield & Underwager, 1988; Underwager and Wakefield, 1989).
Videotaping should be done:
- To protect the child from the harm generated by multiple interviews
by different individuals.
- To maximize the reliability of the child's statements. Knowing
that an interview is being videotaped is likely to improve the performance of the adults doing the
interview.
- To possibly submit the tapes as an exhibit to accused and defense
attorneys as well as prosecution. This may prevent unnecessary litigation and spare a child the
potentially negative consequences of involvement in lengthy proceedings.
- To show that the alleged victim has not been subjected to coercive
adult social influence that could shape a child into producing statements that are inaccurate and
represent a fabrication of an account elicited by the adult behaviors.
- To capture the demeanor of the parties to the interview and
preserve variables such as tone of voice, nonverbal behavior, pauses, gestures, and other factors
which may affect an interview but are lost unless there is a recording.
Videotaping or audiotaping an interview is necessary to
assure accurate reporting of the interview itself. Several research efforts have shown that if there is
no adequate and full documentation of an interview with a child, the interviewers' reports of the
interview are inaccurate and misleading. Written accounts of an interviewer are not reliable (Herbert,
Gram & Goranson; 1987; White, 1986; Wakefield & Underwager, 1988; Underwager & Wakefield,
1989; Raskin & Yuille, 1989).
The value and benefit of videotaping is not affected by
whether or not the material is used in the courtroom as evidence. The admissibility of videotaped
interviews is a separate question which is controversial and still being argued through the courts.
However, the benefit to the child of having full and adequate documentation of interviews is not
decreased if the material is not admitted as evidence. If such material is admitted into the courtroom
the benefit to the child may be expanded but if it is not admitted the child still benefits in all the
ways described here.
There simply is no evidence that videotaping or
audiotaping an interview is a negative experience for a child. There is substantial benefit to the
child from providing full and complete documentation of all adult interviews with a child. There simply
are no good reasons for not videotaping interviews with children, only bad ones.
It is the general agreement within the scientific
community that videotaping all interviews with children is necessary to understand the adult behaviors
toward the child and to provide the most reliable information possible. The general consensus document
drafted recently by a world wide gathering of professionals makes this very clear (Lamb,
1994).
References in support are as follows;
- DeLipsey, J. M. & James, S. K. (1988) Videotaping the Sexually
Abused Child; The Texas Experience 1983-1987. pp. 229-264. In Vulnerable Populations, Ed. S. M.
Sgroi. Lexington. D. C. Heath & Co.
- Lamb, M. E. (1994). The investigation of child sexual abuse: An
international, interdisciplinary consensus statement. Family Law Quarterly, 28(1),
151-162.
- Slicner, N. A. (1989) Guidelines for Videotape Interviews in Child
Sexual Abuse Cases, American Journal of Forensic Psychology, 7. pp. 61-74.
- Wakefield H. Z. & Underwager, R. C. (1988). Accusations of
Child Sexual Abuse. Springfield. C. C. Thomas.
- Underwager, R. C. & Wakefield, H. Z. (1989). (In Press) The
Real World of Child Interrogations. Springfield. C. C. Thomas.
When considering issues on videotaping, see Why the Courts Must Insist on Electronically Preserved
Recordings of Child Interviews.
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Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist
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falsely accused, see What to Do - What Not to Do When Falsely Accused.
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