Importance of Video Taping
in False Allegation Cases
Allen Cowling - Cowling Investigations, Inc.
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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:
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To protect the child from the harm generated by multiple interviews by different
individuals.
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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.
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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.
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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.
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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;
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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.
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Lamb, M. E. (1994). The investigation of child sexual abuse: An international,
interdisciplinary consensus statement. Family Law Quarterly, 28(1), 151-162.
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Slicner, N. A. (1989) Guidelines for Videotape Interviews in Child Sexual
Abuse Cases, American Journal of Forensic Psychology, 7. pp. 61-74.
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Wakefield H. Z. & Underwager, R. C. (1988). Accusations of Child Sexual
Abuse. Springfield. C. C. Thomas.
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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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