Evidence Summarized in Attorneys' Closing Arguments Predicts Acquittals in Criminal Trials of Child Sexual Abuse

In: Child maltreatment: journal of the American Professional Society on the Abuse of Children, Volume 19, Issue 2, p. 119-129

Abstract

Evidence summarized in attorney's closing arguments of criminal child sexual abuse cases ( N = 189) was coded to predict acquittal rates. Ten variables were significant bivariate predictors; five variables significant at p < .01 were entered into a multivariate model. Cases were likely to result in an acquittal when the defendant was not charged with force, the child maintained contact with the defendant after the abuse occurred, or the defense presented a hearsay witness regarding the victim's statements, a witness regarding the victim's character, or a witness regarding another witnesses' character (usually the mother). The findings suggest that jurors might believe that child molestation is akin to a stereotype of violent rape and that they may be swayed by defense challenges to the victim's credibility and the credibility of those close to the victim.