The admissibility of evidence in child sexual abuse cases

Testimony in court by child victims of sexual abuse results in further trauma, frequently inconsistent or retracted accusations, and, in incest cases, exacerbation of family difficulties. A number of states have liberalized rules of evidence in such instances to spare the child; some states have enacted legislation simplifying introduction of the child's out-of-court statements, although the constitutionality of these statutes has yet to be tested.     

Disclosing sexual abuse: the impact of developmental variables

Despite increasing evidence that even a young child can be a competent witness in a court of law, there is one factor that is often used to impeach the credibility of a child in a sexual abuse case, and that is the nature and timing of the child's disclosure of the sexual victimization. This paper examines the impact of developmental variables on that disclosure and suggests that when those variables are recognized, the credibility of the young child as a witness increases.     

Introduction to the special section: medical advances in child sexual abuse, part 2

This volume is the second of a two-part special issue detailing state of the art practice in medical issues around child sexual abuse. The four articles in this special section discuss topics such as estimating the sexual maturity of a child from computer or photographic images; how several cases of supposed Neisseria gonorrhoeae meningitis actually were a different, but related, organism, thereby removing sexual abuse as a consideration as to etiology; what current laboratory methods are available today to detect specific sexually transmitted infections and what should be used; and how all the evidence in child sexual abuse cases is organized to make clear and accurate statements.     

Forensic, cultural, and systems issues in child sexual abuse cases--part 1: an introduction

This article introduces the first in a two-part special issue focusing on forensic, cultural, and systems issues in child sexual abuse cases. The five articles contained in this issue include a diversity of perspectives on approaches to extended interviews and evaluations of child sexual abuse suspicions, an exploration of the ways culture affects child sexual abuse disclosure and reporting, considerations relevant to the management of a child's mental health needs while forensic process are ongoing, and the use of anatomical dolls in forensic interviews. We call for attention to several practice areas, including (a) prioritizing a child's mental health needs while minimizing disruption of forensic processes, (b) developing best practices and models of child sexual abuse assessment and evaluation when a one-session forensic interview is insufficient, (c) appropriately evaluating child sexual abuse concerns when they occur without a disclosure and/or in children with communication limitations, and (d) the integration of cultural sensitivity into interviews and evaluations.     

The trans-theoretical stages of change model and motivational interviewing for building maternal supportiveness in cases of sexual abuse

When a child has been sexually abused, the non-offending parent plays a crucial role in determining that child's recovery. However, the disclosure of sexual abuse in families often throws non-offending parents into a dilemma about whether or not to side with the perpetrator or child, leaving them in an ambivalent position. In order to enhance the ability of parents to protect and support their children, this paper proposes the use of the Trans-theoretical Stages of Change model and Motivational Interviewing. Techniques of Motivational Interviewing will be discussed and then illustrated with a case example.     

Juror perceptions of child eyewitness testimony in a sexual abuse trial

A mock child sexual abuse trial was used to study juror perceptions of child eyewitnesses. The child's age (5, 11, or 16) and level of involvement (victim or bystander) were varied across conditions in order to test their impact on juror perceptions and verdict. Results indicated a significant effect of level of involvement on the verdict; defendants in trials involving a bystander witness received higher guilt ratings than defendants in trials with a victim-witness. In addition, jurors perceived the child's eyewitness testimony to be more believable when the child was younger. Implications for the impact of these findings on real-life child sexual abuse cases are discussed.     

Social reactions to child sexual abuse disclosures: a critical review

Recent studies have examined disclosure of child sexual abuse to determine the correlates and consequences of telling others about this form of victimization. The present article reviews the current empirical literature on disclosure and reactions to adult survivors to assess what is known about the process of disclosure and whether telling others is therapeutic and leads to positive outcomes. Most studies assessing social reactions in detail have concerned adult survivors retrospectively reporting on their disclosures of child sexual abuse. Few empirical studies have been conducted in this area but research suggests that few victims tell anyone about child sexual abuse as children, and that the type of reactions to disclosure vary according to when disclosure occurs (childhood or adulthood), the extent and nature of the disclosure, and the person to whom one discloses. Clear evidence shows that negative social reactions are harmful to survivors' well-being, but better assessment of specific reactions and their effects are needed in theoretically-based studies to evaluate how these responses affect survivors' recovery in the context of other variables. Suggestions for future research on social reactions of others to adult survivors disclosing child sexual abuse are presented.     

Misogyny in New York custody decisions with parental alienation and child sexual abuse allegations

This article analyzes 24 New York (NY) published child custody cases decided between 2001 and 2017 that contained parental alienation and child sexual allegations. It addresses whether there was a tendency toward gendered decisions and the evidence on which the decisions were based. It reveals that most decisions favored alienation allegations over child sexual abuse allegations and transferring custody from mothers communicating sexual abuse allegations in court to fathers defending against them by alleging parental alienation. On appeal, these family court decisions were overwhelmingly upheld. The analysis also shows that the decisions were based as often on implicit misogynistic cultural assumptions in the absence of allegation-specific evidence as they were on allegation-specific evidence. The article adds to the growing understanding of sources of bias by proposing four errors that support biased reasoning. It concludes with suggestions about how experts, attorneys, and judges can question themselves and others to reduce bias.     

Child sexual abuse suspicions: treatment considerations during investigation

This article addresses what, if any, psychotherapeutic interventions should be provided to meet the emotional and clinical needs of alleged child victims of sexual abuse while they await judicial determinations from the family, dependency, or criminal courts. The discussion emphasizes that to minimize iatrogenic outcomes, professionals involved in sexual abuse allegation cases should carefully establish and maintain professional role boundaries and take on only one role in a case. Professional roles may include an investigative forensic interviewer, court appointed forensic evaluator, and therapist. Special attention is given to complex issues that arise in child custody cases with allegations of child sexual abuse in family court.     

Cultural issues in disclosures of child sexual abuse

Cultural norms affect the likelihood that child sexual abuse will be discovered by an adult or disclosed by a child. Cultural norms also affect whether abused children's families will report child sexual abuse to authorities. This article explores the ways ethnic and religious culture affect child sexual abuse disclosure and reporting, both in the United States and internationally. Guidelines for culturally sensitive child abuse interviewing are provided to facilitate disclosures of abuse from culturally diverse children in formal settings.     

Ritual,and child sexual abuse,but not ritual child sexual abuse

Central to the controversy over ritual (satanic) child sexual abuse have been claims concerning agency ‘diagnoses’ of cases. Specifically, it has been alleged that agency findings of ritual abuse have been erroneous and are the product of poor practice. There is, though, little systematic information regarding agency assessment of suspected ritual abuse cases. This paper presents two cases where there was evidence both of child sexual abuse and ‘ritual’ but where agencies adjudged that these aspects occurred independently of one another and were not indicative of ritual child sexual abuse. The existence of these cases underlines the need for a broader and more balanced debate in respect of ritual abuse in general and the agency handling of these cases in particular. Copyright © 2000 John Wiley & Sons, Ltd.     

Including siblings in the treatment of child sexual abuse

Siblings are often not included in treatment programs for children who have been sexually abused. This article describes the necessity of including siblings in the treatment of victims of child sexual abuse. Including siblings in treatment permits families to realize the maximum benefits of therapy for the victim as well as each family member. Theoretical and practical reasons to include siblings in treatment are discussed (i.e., preventing future abuse, providing support for siblings, teaching siblings to refrain from victim-blaming). Case examples using a particular intervention approach at The Family Learning Program and results of client satisfaction surveys are described.     

Conducting the medical history

A key portion of the medical evaluation of child sexual abuse is the medical history. This differs from interviews or histories obtained by other professionals in that it is focuses more on the health and well-being of the child. Careful questions should be asked about all aspects of the child's medical history by a skilled, compassionate, nonjudgmental, and objective clinician. Often the diagnosis of sexual abuse is based only on the medical history. The history can be further understood by knowledge of how children are abused and their reactions to it. By addressing the child's and parent's concerns, reassurance can also be provided about what is normal and abnormal with the child's body.     

Stockholm syndrome and child sexual abuse

This article, based on an analysis of unstructured interviews, identifies that the emotional bond between survivors of child sexual abuse and the people who perpetrated the abuse against them is similar to that of the powerful bi-directional relationship central to Stockholm Syndrome as described by Graham (1994). Aspects of Stockholm Syndrome could be identified in the responses of adult survivors of child sexual abuse, which appeared to impact on their ability to criminally report offenders. An emotional bond, which has enabled the sexual abuse of children, has served to protect the offender long after the abuse has ceased. The implications of Stockholm Syndrome could offer valuable insights to those working in the field of child sexual abuse.     

Medical advances in child sexual abuse

This volume is the first of a two-part special issue detailing state of the art practice in medical issues around child sexual abuse. The six articles in this issue explore methods for medical history evaluation, the rationale for when sexual examinations should take place, specific hymenal findings that suggest a child has been sexually abused, the healing of genital injuries, approaches to interpretation of medical findings, and the neurological harm of sexual abuse. From the initial history to the process of the medical examination, the mechanics of what a genital examination might show, and the neurobiological consequences, it is demonstrated that the harm of sexual abuse is has more effect on the brain than the genital area.     

Controversies and challenges of ritual abuse

Children who have survived ritual abuse have endured physical, psychological, and sexual trauma; brain-washing; and mind-altering drugs. Their trust in adults has been eroded. Their coping strategies include anxiety, denial, self-hypnosis, dissociation, and self-mutilation. Although reports of ritual abuse initially seem hard to believe, nurses have a responsibility to detect clues to abuse, diagnose the child's responses, and recognize controversial issues regarding ritual abuse. To evaluate ritual abuse, nurses should avoid interview strategies that influence the child's recall (e.g., coaching, suggestions) and recognize that some reports are discounted as false memories because they emerge from fantasy, distortions, innocent deceptions, false beliefs, lies, or adult coaching. Nurses play an important role in case finding and treatment. They can evaluate clues to ritual abuse to reduce sources of error in assessment, build a child's trust, monitor their own attitudes toward ritual abuse, and intervene to increase self-esteem, empathy, boundary establishment, and coping. Nurses have an important opportunity to detect and begin healing the wounds caused by a child's abuse.     

Developing an objective approach to assessing allegations of sexual abuse

The decision to prosecute in a case of alleged child sexual abuse is a function of whether it is in the child's and the public's interest and whether the case is likely to be successful. This in turn rests largely upon what the child says during a joint investigative interview, the adequacy of that interview in terms of whether it meets the necessary legal requirements and whether other evidence is available, and the weight given to it. This paper describes an approach to evaluating what a child says during the interview which has been used widely in Europe to aid the decision-making process of teams and courts in their dealings with allegations of child sexual abuse. It is concluded that despite a number of methodological problems with the technique, known as statement validity analysis, joint investigating teams and the Crown Prosecution Service are likely to find it of assistance in clarifying their decision-making concerning children's evidence and, in particular, whether it is likely to be sufficiently strong to succeed within our current legal framework.