Prosecution of Child Sexual Abuse Cases Involving Preschool-Aged Children: A Study of Swedish Cases from 2010 to 2014

Alleged child sexual abuse against preschool-aged children is often considered one of the most challenging cases for a prosecutor to handle. The aim of the current study was to examine differences between prosecuted and discontinued cases of alleged sexual abuse of preschool-aged children. Data from Swedish criminal cases of alleged sexual abuse of children ages 2–6 issued from 2010 to 2014 were analyzed (N = 130). Prosecuted cases were more likely to contain forensic evidence (documentation of abuse, corroborative DNA evidence, or a corroborative medical examination), or a confession from the suspect, while such evidence was not available in any discontinued case. Furthermore, cases where the child was older, where the prosecutor had decided to conduct an interview with the child, and where there was more than one alleged victim were more likely to be prosecuted. Factors that were associated with a decreased likelihood of prosecution were ongoing custody disputes between parents, foster care placements prior to the abuse, and if the report concerned a boy. Boys and younger children were also less likely to be interviewed. The results suggest that prosecution of sexual abuse cases involving preschool-aged children remains difficult and that there is room for improvements in these investigations.     

Factors Related to Prosecution of Child Sexual Abuse Cases

ABSTRACT

This study explored how various factors regarding the victim, offender, abuse situation, and case evidence were related to prosecution decisions in child sexual abuse cases. Data were collected from records of 200 closed child sexual abuse cases served at a southwestern United States agency during 1989–1990. Results indicated that cases involving recently reported abuse and offenders who were charged with abusing multiple child victims were significantly more likely to be prosecuted than cases involving less recently reported abuse and offenders charged with abusing only one victim, respectively. In terms of the victim-offender relationship, prosecution was most likely for cases with offenders who were strangers, next most likely for acquaintances and step and extended family members, and least likely for biological nuclear family members. Also, cases with medical evidence of abuse were more likely to be prosecuted than cases without medical evidence only when serious abuse was involved. In addition, prosecution was significantly less likely for cases with younger victims than for cases with older victims. Seriousness of abuse, the presence of medical evidence, and recency of abuse did not account for this victim age-prosecution status relationship. Furthermore, no cases involving possible custody disputes were prosecuted. Implications are discussed concerning the need for focused and integrated efforts in responding to allegations of child sexual abuse.     

Domestic violence cases involving children: effects of an evidence-based prosecution approach

This article reports findings from the evaluation of a city-county criminal prosecution unit for domestic violence involving children. Data from 446 cases prosecuted in the first 2 years of the Joint Prosecution Unit (JPU) were compared to a matched group of 446 domestic abuse cases prosecuted by both the city and county attorneys' offices in the 2 years prior to inception of the JPU. Results of the comparisons indicated that fewer cases were declined or dismissed by the new unit, and that cases were prosecuted at a significantly more stringent level. Multinomial logistic regression analysis indicated that child and weapon factors were associated with increased likelihood of a more serious (i.e., felony) plea for the new prosecution unit, relative to the comparison group. Results are presented in the context of addressing the difficulties inherent in the prosecution of domestic abuse and in light of the increasing awareness of the detrimental effects of domestic violence on children.     

Shame,Peer, and Oscillating Frames in DWI Conviction: Extending Goffman's Sociological Landscape

Goffman argues that “the interaction order” is a substantive domain autonomous from formal social organization. His scholarship generally analyzes the interaction order in its autonomous workings but neglects the areas in which it is legally regulated. Analyzing the case of legal detention and conviction for the offense of driving while intoxicated (DWI), the article illustrates and extends Goffman's paradigm. A DWI conviction is the result of the legal system's response to distortion at the level of the interaction order. Conviction creates new interactive frames. The interaction order resists the official moral definition of DWI.     

The significance of the victim advocate for domestic violence victims in municipal court

Previous research has examined factors that influence felony case prosecution in domestic violence cases, but few have analyzed how victim participation, or lack thereof, may affect the defendant's case outcome in misdemeanors. This study used 384 municipal cases from a specialized domestic violence court to examine the role of the victim advocate and variables that had an impact on victim participation with prosecution and case disposition. To ensure that decisions in all cases were consistent, all decision makers in the sample involved the same group: the court advocate, prosecutor, and judge. The analysis found that victim cooperation after arrest coupled with services provided by shelter court advocates were a strong predictor of victim cooperation at disposition and case outcome.     

Delineating disproportionality and disparity of Asian-Canadian versus White-Canadian families in the child welfare system

ObjectiveThis paper builds upon the analyses presented in three companion papers using data from the 2003 and 2008 cycles of the Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-2003 and CIS-2008) and the Ontario Child Abuse and Neglect Data System (OCANDS) to examine disproportionality and disparity of child welfare involvement for Asian-Canadian children involved in the child welfare system.MethodsThis study used CIS-2008 data adjusted by Census child population data to examine rates per 1000 and three disparity indexes (population-based disparity index [PDI], decision-based disparity index [DDI], and maltreatment-based disparity index [MDI]) to determine the representation of child maltreatment investigations for Asian-Canadian versus White-Canadian children involved in the child welfare system. Logistic regression analyses were conducted to determine the odds of case closure for substantiated child maltreatment investigations, and whether Asian ethnicity remained significant while controlling for child demographics and household composition, case characteristics, and clinical concerns.ResultsThis study found that Asian-Canadian children were underrepresented in the child welfare system compared to White-Canadian children (13.9 per 1000 Asian children in the Canadian population vs. 36.1 per 1000 White children in the Canadian population). Child welfare involvement for Asian-Canadian children are almost 2 times more likely to close after an investigation than White-Canadian children. The three disparity indexes (PDI, DDI, MDI) showed substantially different results with respect to the representation of child maltreatment investigations involving Asian-Canadian versus White-Canadian children for physical abuse, sexual abuse, neglect, emotional maltreatment, and exposure to domestic violence.ConclusionsDisproportionality and disparity are complex phenomena. The variation in results derived from different methods of calculating representation suggests the need for greater clarity and consistency in the definitions and methodology in examining racial disparity in child welfare research. Some methodological considerations for future child welfare research with Asian-Canadian populations were discussed.     

County Government Resources Associated with Dependent-Adult Abuse Investigations in Iowa

ABSTRACT

This study evaluated on a county level the association of Iowa's domestic dependent-adult abuse investigations with the location of adult protective services (APS) offices, rurality, government resources, felony charges and prosecutions, child abuse reports, and census demographics. In 2003, the rate of dependent-adult abuse investigations for Iowa was 0.70 per 1,000 population age 18 and older. Higher rates of child abuse investigations, felony prosecutions, sheriff's annual salary, and lower rates of child abuse substantiations are associated with higher rates of dependent-adult abuse investigations and substantiations.     

Decision-Making processes in the child protection system: A comparative study between students and professionals in Portugal

Abstract

This research aims to achieve a better understanding of factors that influence the assessments and decisions of professionals and students about the possibility to remove a child at risk from her birth family. The study also analyzes the influence of the attitudes of the child’s mother on that decision. It was used a questionnaire based on a case vignette of alleged child maltreatment. Compared with students, professionals were more pro-removal, more in favor of reunification and parents’ participation in the decisions, and had a higher assessment of emotional abuse, and emotional and physical neglect. Mother’s wish did not show to have any impact in the two samples regarding maltreatment, risk assessments, and intervention recommendations.     

Alcohol,Child Maltreatment,and Parenting Stress in the Lives of Birth Mothers

ABSTRACT

This exploratory study examines the potential relationship between parenting stress, child maltreatment, and alcoholism in a pilot data set. Twenty-four participants (six African-American, six European-American, six Mexican-American, and six Native-American) completed four questionnaires (Parenting Stress Index, Conflict Tactics Scale Parent-Child, Michigan Alcoholism Screening Test, Chemical Dependency Assessment Profile [PSI, CTSPC, MAST, and CDAP]). Through principle component analyses and multiple regression analyses, it was suggested that self-perceived parenting strength or competence directly affect a parent's tactics to deal with parent-child conflicts. Results indicated that self-confidence as a competent parent was related to the frequency of using verbal degrading and physical punishment. Parents who reported that the child's temperament bothers them a lot were more likely to physically abuse the child. Though all the participants could be categorized as alcoholic by the MAST, parents' alcoholic abuse did not appear to elevate the severity of child maltreatment, as measured by the CTSPC.     

Juvenile justice sentencing: Do gender and child welfare involvement matter?

For young people who come into contact with the juvenile justice system, how they are sentenced following an arrest may profoundly influence the course of their development and adjustment as adults. Much of the research to date has focused on racial and ethnic disparities in juvenile justice sentencing policies and practices, and less is known about sentencing disparities based on other youth characteristics. Using Los Angeles County administrative data, this study investigates the effects of gender and child welfare statuses on sentencing for young people who are arrested for the first time (N = 5061). Results indicate that both young men and women are sentenced more harshly dependent upon the disposition, such that girls were more likely to be sentenced to group homes compared to boys, but boys were more likely to be sentenced to correctional facilities compared to girls. Child welfare-involved youth with a recent placement history are prone to more punitive sentences compared to their non-child welfare counterparts. Further, child welfare young women were not more likely to be sentenced to a harsher disposition compared to child welfare young men or non-child welfare young women. Implications for practice and future research are discussed.     

Child abuse and neglect in Cambodian refugee families: characteristics and implications for practice

This study examines the characteristics and patterns of child maltreatment among Cambodian refugee families in Los Angeles and assesses the implications for child welfare practice with Cambodian refugee families. Data were extracted from 243 active Cambodian case files maintained by the Los Angeles County Department of Children and Family Services (LAC-DCFS). Some of the major findings include (1) Cambodian child maltreatment cases were most frequently reported to the LAC-DCFS among various Asian Pacific ethnic groups; (2) Cambodian refugee families were more likely to be charged with neglect, while their Asian Pacific counterparts were more likely charged with physical abuse; (3) the circumstances under which maltreatment occurred most frequently were parental substance abuse and mental illness; and (4) while fathers who maltreated their child were likely to use alcohol, mothers were also more likely to have a mental health problem such as depression. This study suggests the importance of collaboration between Child Protective Service agencies, substance abuse programs, traditional healers, mental health services, and other social service agencies for effective child abuse prevention and intervention efforts.     

Boys Abused in a Community Setting: An Analysis of Gender,Relationship, and Delayed Prosecutions in Cases of Child Sexual Abuse

ABSTRACT

Previous research on gender differences and delay of disclosure of child sexual abuse is inconclusive; some research has found that male victims are more likely to delay disclosure than female victims, while other studies have found no gender difference. The present archival study investigated this inconsistency by examining factors that interact with delay. Judicial outcomes of child sexual abuse cases were coded (N = 4237) for variables related to the offense, the complainant-accused relationship, and court proceedings. Males and females differed with respect to delay only when the relationship between the complainant and the accused was established in the community (e.g., sports coach) or was a stranger to the child. When the accused was a parent, other relative, or a non-relative connected to the child through the family, there was no difference in delay between males and females. Further, males were more vulnerable in the community, as evidenced by a higher proportion of accused community members with male than female complainants, even though males represented fewer than 25% of cases in the database. These findings may help explain inconsistencies in gender differences in delayed disclosure. Implications regarding education about child sexual abuse are discussed, with a focus on male victims.     

Is It Abuse,Alienation, and/or Estrangement?

Abstract

Allegations of family violence, child abuse, and alienation often occur in the same contested child custody case. Custody eval-uators often are poorly trained in forensic assessment of allegations of domestic violence and allegations of alienation. The authors of this article suggest language that is designed to differentiate between cases in which the term alienation is appropriate, as in non-abuse cases, and when it is best to use other language such as estrangement sabotaging, and counter productive protective parenting in cases where there is abuse. This article describes a decision tree that is designed to assist evaluators in identifying the causes of multiple allegations of maltreatment and abuse.     

Social Work and Child Maltreatment Intervention in Disney Animated Feature Films: 1937–2006

Abstract

The 45 Disney animated feature films produced between 1937 and 2006 were analysed for representations of child maltreatment and child maltreatment interventions according to criteria set out in the US National Incidence Study of Child Abuse and Neglect. Although there are 263 maltreated child characters in 30 of the 45 films, they seldom show formal interventionists at work. The types of resolutions and interventions to child maltreatment in the films were analysed and contrasted with the single depiction of a social worker. The actions of this character were assessed according to national codes of ethics and standards for social worker interventions and decision making. Implications are drawn for the profession of social work and the findings are discussed within the context of previously published analyses of media representations of social workers.     

The journey of dually-involved youth: The description and prediction of rereporting and recidivism

Dually-involved youth refers to youth that are simultaneously receiving services from both the child welfare and juvenile justice systems. The current study focused on a sample of dually-involved youth (N = 1148). The study examined the characteristics of dually-involved youth and reported and predicted the incidence of subsequent maltreatment and re-offending. We found that 8% of dually-involved youth had at least one arrest before entering child welfare system, 32% experienced new reports of maltreatment referrals subsequent to arrest, and 56% were charged with a second offense (i.e., recidivated). The court outcomes received in delinquency court were associated with both rereporting and recidivism. These findings support the development of a shared services model for child welfare and juvenile justice systems.     

未成年人犯罪案件刑事附带民事诉讼若干问题探析——以我国新《刑事诉讼法》的相关规定为中心

2012年修改的我国《刑事诉讼法》实施后，未成年人犯罪案件刑事附带民事诉讼中可能存在“合适成年人”无法作为民事诉讼法定代理人以维护有关未成年人民事权益、适用“当事人和解的公诉案件诉讼程序”时将被告人赔偿与否作为量刑情节而造成对被告人不公、适用“简易程序”时法官施压调解而干预阻碍被告人行使民事诉讼权利、审判人员能否兼备审理刑事案件与民事案件的专业素养等问题。为了在发挥刑事附带民事诉讼制度优点的同时一定程度上控制其缺陷所造成的不利影响，司法解释应规定在未成年人犯罪案件中，刑事附带民事诉讼制度不适用于刑事附带民事诉讼的民事部分标的金额较大的情形、被告人可能被判处较重刑罚的情形、刑事附带民事诉讼的刑事部分与民事部分审级不一致的情形、案件审理时间较长的情形。     

Risk factors and physical signs of child abuse in hospitalized children in Taiwan

PurposeThis study used the Criteria for Distinguishing Abuse from Accidents Chinese version (CDAA-C) to determine cases of child abuse, undetermined intent, and unintentional injury, and compared risk factors and injury profiles among hospitalized children in Taiwan.DesignA retrospective chart review study.MethodsWe selected children aged 0–3 who were hospitalized with a discharge diagnosis of injury or child maltreatment in a medical center in southern Taiwan between 2007 and 2009. The CDAA-C was used to collect children's demographics and injury types and to determine the intent of injury. Children's charts with records and notes of admission, surgery and emergency care were reviewed and analyzed.ResultsAmong 157 eligible cases, the CDAA-C identified 13 child abuse cases including additional 8 victims who were not previously coded in ICD-9-CM. Most abused children suffered from brain injuries, had ≥ 2 in jury incidents, and had a misdiagnosis in the previous visit. Abused children were younger and more likely to be born premature.ConclusionsThis study highlighted the under-diagnosis of child abuse in Taiwan. An easy-to-use standardized screening tool for child abuse in Taiwan is needed.     

Feasibility of Integrating Mental Health Screening and Services Into Routine Elder Abuse Practice to Improve Client Outcomes

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.     

Psychometric testing of the Chinese version of ISPCAN Child Abuse Screening Tools Children's Home Version (ICAST-CH-C)

BackgroundChild maltreatment is a global problem and the true extent remains unknown. The International Society for the Prevention of Child Abuse and Neglect (ISPCAN) Child Abuse Screening Tool — Children's Home version (ICAST-CH) has provided accurate assessment of the scope and prevalence of child maltreatment. Yet measures of children's experiences of child maltreatment are limited in the Chinese population.ObjectivesThe study aimed to translate and validate a Chinese version of the ISPCAN Child Abuse Screening Tool — Children's Home version (ICAST-CH) and to evaluate its reliability and validity among Taiwan adolescents.MethodsA three phase study was conducted. In phase 1, the ICAST was translated into Chinese using forward–backward translation procedures with the translation equivalence and content validity assessed. In phase 2, the data provided by a convenience sample of 98 adolescents was used to assess the internal consistency of the ICAST-CH Chinese version (ICAST-CH-C). In phase 3, the psychometric properties of the ICAST-CH-C were tested with a nationwide random sample of 5236 adolescents from 35 schools.ResultsThe translation equivalence and content validity index of the ICAST-CH-C was satisfactory. The inter-rater agreements were .90–.91 for comparability of language and .89–.94 for similarity of interpretability. Results indicated that the ICAST-CH-C had a high level of equivalence with the original English version and demonstrated a high internal consistency (.71–.89). Confirmatory factor analysis revealed the presence of five factors supporting the conceptual dimension of the original instrument.ConclusionThis study provided initial psychometric properties of the ICAST-CH-C and supports it as a reliable, valid, and highly usable instrument to identify childhood victimization in adolescents. It provided health care professionals with a useful tool to assess the severity and prevalence of child maltreatment within Chinese communities.