Falsely Accused Help

The credibility of children’s testimony is a highly debated topic in America’s courtrooms, universities, and living rooms. Does the ingenuousness of children assure that their testimony will always be truthful? Or are children easily misled by overzealous investigators and therapists into making untrue allegations? Stephen J. Ceci and Maggie Bruck contend that the truth falls somewhere between these extremes. Using case studies ranging from the Salem Witch Hunt to the Little Rascals Day Care case to illustrate their argument, Jeopardy in the Courtroom draws from the vast corpus of scientific research to clarify what is most relevant for evaluating and understanding children’s statements made in the legal arena.

Discusses two distinct forms of false sexual abuse claims: allegations of abuse made by children, which often occur in the form of a vague remark, which is then misinterpreted and magnified by well-meaning but misinformed adults; and the controversial practice of “recovered memory therapy,” in which adult patients are encouraged by their therapist to “recall” supposedly repressed memories of childhood sexual abuse. The author contends that therapists’ expectations influence their patients claims in both types of cases.

Psychologists have been increasingly called on to testify in child abuse cases. The rough and tumble world of courtroom machinations, however, has left many wondering how they can protect themselves and their science from manipulation and misuse by the court system.

In this volume, eminent lawyers, psychologists, and social workers discuss the thornier aspects of testimony and provide recommendations on the proper role of the expert witness. How can psychologists participate in the legal realm while maintaining the integrity of their science? How can expert witnesses avoid the trap of advocating for a client rather than providing neutral information?

“The war against child abuse has become a war against children,” charges Wexler, a reporter for the Albany, N.Y., Times Union , in a well-argued, in-depth study of the “child protection system” in the U.S. and the politics that enmesh it. He maintains that even more alarming than the alleged abuses suffered by children at the hands of their parents are the disruption of home life and the long-lasting trauma of minors assigned to institutions and foster homes that are either as bad as or worse than their own families. He asserts also that “witch-hunts” of foster parents suspected of improper conduct and harried supporting care system administrators, at times involving false accusations of sexual abuse, are all too common. While crediting competent, dedicated caseworkers who struggle in an overloaded welfare system, Wexler deplores what he considers misleading statistics and the presumption of parental guilt that underlie much child protection work. Preventive programs, legal measures and financial incentives meant to preserve original families figure in his detailed recommendations for reform.

The most dramatic and searing child abuse trial in America’s history began when Judy Johnson told police that her two-year-old son had been molested by Raymond Buckey, a teacher at the Virginia McMartin Preschool in Manhattan Beach, California. After searching the school and the homes of its owners and teachers, police distributed a letter urging parents of past and present pupils to come forward to corroborate the charge. The result was mass hysteria unlike anything experienced in America in decades. The children denied that any abuse occurred, so prosecutors hired a private clinic to evaluate and examine each child, after which parents were informed that every pupil who attended the school had been sexually abused. This revelation led to more than 200 charges being filed against Virginia McMartin, Peggy McMartin Buckey, Raymond and Peggy Ann Buckey, and three other teachers. Child witnesses testified that they were raped by their teachers, subjected to satanic rituals, and forced to watch animals being killed. Though many charges were dropped and formal indictments obtained only against Raymond and Peggy McMartin Buckey, the ensuing trials clogged the courts for over six years, at a cost to taxpayers of more than $16 million. Investigative reporters Paul and Shirley Eberle sat through the entire ordeal, from pre-trial hearings to the retrial of Raymond Buckey on 13 unresolved counts. Their compelling account of this protracted courtroom battle and the terrible toll it exacted from the defendants as well as their accusers is powerfully enhanced by a gripping description of the media’s role in shaping public perceptions.