The poignant scene is played out time and again in America's courtrooms. A small, bewildered child sits in a witness chair, being led by an attorney through shocking testimony. The youngster speaks haltingly of unspeakable things done to him or her by a stranger, a baby-sitter or even a parent. Could such an innocent soul possibly be telling anything but the truth?
Most legal experts, child psychiatrists -- and juries -- have long thought that children rarely lie about sex-abuse crimes on the witness stand. On the strength of that assumption, many adults have been sent to jail for sexual abuse or other charges, professing all the way that they are not guilty. But evidence is mounting that children, particularly those who have been extensively coached, give inaccurate testimony far more often than previously imagined. Both research studies and courtroom experience are causing many psychiatrists to question their views of the reliability of what comes from the mouths of babes.
A stunning piece of evidence came late last year when a California appeals court overturned the convictions of three men and four women for molesting 10 children. The adults had maintained their innocence but were sentenced to a combined total of 2,619 years in prison. The case fell apart, and the adults were freed when three of the children later recanted their testimony and the state attorney general's office criticized the way prosecutors had allegedly manipulated the children's testimony.
Recent research has shown how easy it is for youngsters to stray unwittingly from the truth. Psychologists Karen Saywitz of Harbor-UCLA Medical Center and Gail Goodman of the State University of New York at Buffalo interviewed 72 girls, ages 5 and 7, about routine medical procedures they had received. Half were given full examinations, including anal and vaginal checks, and the rest were given just general physicals. When the first group was asked a broad question about what had happened, only eight mentioned the vaginal examinations, and when the children were shown anatomically correct dolls, six pointed to the vaginal area. But of the girls who received only a general checkup, three claimed they had also had vaginal or anal exams. One child even reported that "the doctor did it with a stick."
Child-custody disputes are often the trigger for youngsters' unwitting lies. Suspicions can cause parents to launch what legal scholar Douglas Besharov of Washington's American Enterprise Institute calls "the atomic bomb of child- custody fights, the charge of sex abuse." In these stressful situations, children quickly discover what adults want to hear and can offer lies or distortions in order to please an anxious parent or social worker. A study conducted by the American Academy of Child Psychiatry found that in custody disputes involving charges of sex abuse, as many as 36% of the allegations were later proved to be untrue.