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69 S. Cal. L. Rev. 2117 (1995-1996)
Assessing the Reliability of Child Testimony in Sexual Abuse Cases

handle is hein.journals/scal69 and id is 2133 raw text is: NOTES
ASSESSING THE RELIABILITY OF
CHILD TESTIMONY IN SEXUAL
ABUSE CASES
DANA D. ANDERSON*
INTRODUCTION
It would have been difficult not to notice that what was once an
unspeakable and all-but-ignored crime-child sexual abuse-rose to
the forefront of America's woes in the 1980s. In 1983, the McMartin
Preschool case in Manhattan Beach, California, catapulted the issue
onto the front page of newspapers across the country and into the
worried minds of parents everywhere. Close on its heels, a spate of
similar mass ritual-abuse cases surfaced in various parts of the coun-
try, raising serious questions about entrusting children to the care of
teachers and day-care workers, even in small-town USA. Fortunately,
both professionals and the American justice system alike finally took
the reality of child sexual abuse seriously. Unfortunately, the hysteria
and the irresponsible policies and practices surrounding child abuse
investigations of the last decade have been less beneficial.
Ironically, many of the convictions of day-care professionals so
widely hailed in the 1980s have since been harshly criticized (not to
mention overturned) by appellate courts for the techniques used to
garner them.' In 1993, Margaret Kelly Michaels' widely publicized
conviction for molesting twenty preschool children was overturned on
* Class of 1997, University of Southern California Law School; B.A. 1991, Connecticut
College. I would like to thank professor Thomas Lyon for his invaluable insight and suggestions.
1. Of the 30 cases that went to trial in the 1980s, more than half of the judgments of
juries and prosecutors would later be overturned by appeals judges. Ed Hayward & Tom
Mashberg, Upheaval in '80s Put the Spotlight on Child Abuse, BOSTON HERALD, Dec. 3,1995, at
Al.

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