| Dammeyer, M. (1998).
|
| The Assessment of Child Abuse Allegations: Using Research to Guide
| Clinical Decision Making.
|
| Behavioral Sciences and the Law, 16, 21-34.
This article casts some doubt on the soundness and relative value of
various Childhood Sexual Abuse (CSA) evaluation procedures as evidence.
Dammeyer advocates a comprehensive information gathering procedure rather
than relying only upon reports from others that may be prejudicial or inflammatory. He
reports that many of the most frequently used methods for verifying CSA allegations may
have very limited value because of the sparse research data supporting them. For example,
the use of Play Therapy techniques and Anatomically Correct Dolls (ACDs) can be more
prejudicial than probative because the children may be playing rather than reporting
actual events. He is also concerned about CSA allegations made during the pendency of
child custody disputes. He reminds us that children are suggestible and that the interview
process may be tainted by the inappropriate influence of a parent. In addition, the
research literature shows that younger children (generally below six) can be easily
influenced by improper interviewing techniques. Finally, he reminds us that relying on our
impressions, rather than multiple sources of data, increases the chances of falling prey
to our own prejudices. Dammeyer concludes with a cautionary note that, "clinicians
risk collecting large amounts of conflicting data and relying upon information that fits
their own hypotheses, rather than the data (p.33)."
ANALYSIS
Dammeyer's cautions are important. Clinicians and forensic evaluators must
be aware of the potential biases they bring to any emotionally charged legal situation.
Failing to perform a comprehensive evaluation and relying on techniques that do not meet
scientific muster do a disservice to the parties and the judicial process. While we do not
know which procedures will ultimately prove to be the most useful, attorneys should be
wary of experts who make definitive conclusions based on biased sources and upon data with
inadequate scientific support.
RECOMMENDATIONS
Examination of witnesses should include questions regarding the
comprehensiveness of procedures and techniques utilized, the level of general acceptance
of those techniques, the scientific reliability of each and the weight that each
contributed to the conclusions of the expert. |
