How Can Defense Attorneys Challenge Credibility of Witnesses in Missouri Molestation Cases?

In the 1980s, a moral panic about “ritual Satanic abuse” swept the United States. Prosecutors and law enforcement officers nationwide were led to believe that daycare centers were molesting dozens of children every day. Well-meaning advocates prompted very small children to provide “testimony.” Many of them recounted bizarre events, sometimes involving clowns, robots, and sacrificial rites. But the results were very serious indeed. Innocent people spent years in prison.

It is, of course, vitally important to listen to children who make allegations. But it is equally important to understand what they are saying, when they are saying it, and why. Criminal defense attorneys with experience in child abuse cases understand the rules and tactics necessary to approach painful and shocking allegations.

Difficulties with Children’s Claims

Children often make initial disclosures to parents, relatives, or other caregivers. A concerned family member may misinterpret a child’s words, especially if the child is very young. When the adult is a mandated reporter, such as a doctor or childcare worker, they will report a child’s statement out of duty, whether or not it makes sense. And if the child is already in a difficult situation, such as a custody dispute, their statement lands among adults who may use it for their own goals and motives.

Forensic interviews of children—examinations for legal purposes—should be conducted by specially trained interviewers. These interviewers understand that it is vital not to ask children leading questions or encourage them to provide too many further details. If a child feels pressure to say something, they may say it simply to please the interviewer or the adults in their lives. Repetition of an inaccurate statement can make recollections even worse.

Children’s Testimony in Missouri Courts

The usual rules of evidence in Missouri courts prevent the testimony of children under ten, as well as testimony by video. Traditionally, hearsay is also banned—that is, witnesses are not allowed to testify to what they heard other people say. Due to the nature of the charges and the differing psychology of children, these rules are softened in cases of child sexual abuse.

Children may testify in sexual abuse cases via video. They may testify outside of the defendant’s presence if “the court finds, at a hearing, that significant emotional or psychological trauma to the child” would result from the defendant’s presence at their testimony. See RSMo § 491.075. At a “491 hearing,” the judge decides whether to allow the child to testify remotely without the defendant present. However, the defendant has a right to have counsel present to cross-examine the witness if they wish.

If the court grants a timely request to do so, a child under fourteen who is testifying can also have:

• A support person present
• A toy or other security item at hand
• A relaxed setting for the proceedings

See RSMo § 491.725. The law also forbids “intimidation or harassment of the child witness.”
That kind of treatment is not, of course, what anyone wants. Nonetheless, the special rules do place a defense attorney in a complex situation that requires experience and tactical understanding. Challenging the credibility of a witness is called “impeachment,” and impeaching witness testimony in a child sexual abuse case is very delicate work.

Care and Challenges

A defense attorney will first examine the circumstances of the child’s statements—when were they made? What did they consist of? Who heard them, and who reported them? Could anyone have prompted or coerced the child? These are highly situational issues, and the child’s age and family structure will play significant parts in addressing them.

The quality of the interviews is another key issue for the defense. What law enforcement officers or professionals spoke with the child? Were the child’s interviews properly conducted according to forensic standards? Were there any leading statements or other factors that could have encouraged the child to tell anything other than the truth? Inconsistent statements by the child may weaken their testimony and provide grounds for an argument that the child does not truly understand what is happening.

In court, a child witness with a security blanket or a helper is likely to wrench the emotions of anyone who watches their testimony. That is why the state needs the court to grant a motion to allow it. The court must first determine that the child “cannot reliably testify” without the assistance and that it is “not likely to prejudice the trier of fact in hearing and evaluating the child’s testimony.” Defense attorneys can challenge this motion.

Where adult witnesses are concerned, the defense has fewer special rules to contend with, but the stakes are still high. Defense counsel can challenge their observations and motives, questioning what they may have seen or heard and its possible meaning. If the defense in a criminal case can raise a reasonable doubt in the jury, they must acquit.

Standing Up for Your Rights

Sex offenders are perhaps the most stigmatized people in American society. Even an allegation can be devastating—a conviction can end someone’s future. No one who faces a charge of sexual offense against a child can afford to go without experienced defense counsel.

Attorney Kyle Loraine is a former Missouri prosecutor, and he can offer knowledgeable, compassionate representation in cases involving child sexual abuse or other sexual offenses. Loraine Law Center has locations in Jefferson City 573-284-3048 and Kansas City 816-720-7634. Contact Loraine Law Center today to schedule your free thirty-minute consultation.