Sexual Abuse Allegations by Children with Neuropsychiatric Disorders

All Swedish court cases from 2004 and 2006 concerning alleged child sexual abuse (sexual harassment excluded) were identified through criminal registers. Fourteen cases (one boy) concerned a child with a neuropsychiatric disorder. The diagnostic groups were mental retardation (10 cases), autism (three cases), and ADHD (one case). Psychiatric experts were engaged in only two cases. When experts were involved, the courts focused on credibility issues. When the courts applied neuropsychiatric arguments in the absence of an expert, they used developmental arguments. When the authors found that significant neuropsychiatric issues were not discussed by the court it concerned interpretations of symptoms and developmental standpoints. The results illustrate the complexity and pitfalls of drawing conclusions about associations between symptoms and personality characteristics on one side and accuracy of sexual abuse allegations on the other. Moreover, the results highlight the importance of a high quality system for providing courts with adequate neuropsychiatric knowledge.     

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.     

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.     

Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Child Sexual Abuse Cases: Implementing a Specialist Judicial List

The damage done to children who are subjected to sexual abuse and the often lengthy delays in the resolution of these matters by the child welfare and legal systems is well documented. With this in mind, the Children's Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (the “D” List) as an intensive case-management approach to more effectively respond to child sexual abuse concerns. The evaluation of the pilot aimed both to review the effectiveness of the list in terms of court functioning, and to provide information about the nature of such cases coming to court, the ages and family circumstances of subject children, decisions made and factors associated with these decisions, and the challenges related to management of and decision-making about such cases. The success of the specialist list has seen it extended to regional courts, because it is a more effective approach to managing and deciding this complex class of cases.     

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.     

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.     

What makes sex offenders confess? An exploratory study

This study examines correlates of offender confession in criminal sexual conduct cases involving children. The cases consist of all closed court files (N=318), spanning the last 10 years from a single jurisdiction. This jurisdiction has a community-wide protocol for handling child sexual abuse cases, a high rate of charging (69%), a high rate of confession (64%), and high rates of pleas to sex crimes (77%). To determine what factors were associated with suspect confession before adjudication, we examined characteristics of the suspect, the child, the abuse, and the system using bi-variate and multi-variate analysis. The following four variables are associated with suspect confession: (1) having the state police conducting the law enforcement part of the investigation, (2) more serious abuse, (3) younger age of the suspect, and (4) having a court appointed (as opposed to a retained) attorney.     

Training Knowledge of Professionals on Specific Topics in Child Sexual Abuse

This exploratory study examined the training background and self-reported level of knowledge of a group of professionals on specific topics in child sexual abuse. The results show that while the vast majority of those working with adult victims, female victims, and incest victims have received training, many professionals working in the area of child sexual abuse treatment have not had training on topics directly related to their work. It was found that fewer than 40% of those working with female offenders, victims and offenders who are gay or lesbian, victims and offenders who have developmental disabilities, or in cases where cultural issues are relevant, have had training in working with these types of cases. Those professionals who had received training reported feeling more knowledgeable on these topics than did those without training. It is recommended that graduate degree programs and continuing education programs examine their offerings in the area of child sexual abuse.     

Child maltreatment victims' attitudes about appearing in dependency and criminal courts

In the present study, we investigated the attitudes of maltreated children involved in court hearings. Specifically, this pilot research examined whether type of abuse (sexual vs. physical vs. neglect), type of court (dependency vs. criminal), and child and abuse characteristics predicted child victims' feelings about seeing defendants in court and answering questions in the courtroom. Data were collected from interviews with the children and from their court files. Results indicated that greater negativity about seeing defendants in the courtroom was significantly predicted by testifying as a sexual abuse victim in criminal court and by being female regardless of court system, whereas greater positivity about seeing defendants in the courtroom was predicted by appearing in dependency court hearings as a physical abuse victim. In addition, greater severity of maltreatment and older age of the children were significantly associated with greater negativity about answering questions in court. Implications for future research are discussed.     

What Makes Sex Offenders Confess? An Exploratory Study

ABSTRACT

This study examines correlates of offender confession in criminal sexual conduct cases involving children. The cases consist of all closed court files (N = 318), spanning the last 10 years from a single jurisdiction. This jurisdiction has a community-wide protocol for handling child sexual abuse cases, a high rate of charging (69%), a high rate of confession (64%), and high rates of pleas to sex crimes (77%). To determine what factors were associated with suspect confession before adjudication, we examined characteristics of the suspect, the child, the abuse, and the system using bi-variate and multi-variate analysis.

The following four variables are associated with suspect confession: (1) having the state police conducting the law enforcement part of the investigation, (2) more serious abuse, (3) younger age of the suspect, and (4) having a court appointed (as opposed to a retained) attorney.     

The Effects of Childhood Sexual Abuse and Other Trauma on Drug Court Participants

Within the context of a larger study of drug court participants, this study examined the impact of traumatic experiences on psychiatric distress and on court outcomes. In the analyses, the participants (n = 229) were separated into 3 groups: childhood sexual abuse (CSA; n = 18), other trauma (n = 134), and no trauma (n = 77). The CSA group had higher mean scores on depression, anxiety, panic disorder, social phobia, somatization, and posttraumatic stress disorder than the other trauma group. Path analyses suggest that a history of trauma is a positive predictor of psychiatric distress and negative court events (positive urine screens, sanctions, etc.), with indirect effects on substance abuse severity, and failure in the drug court. These results suggest a need for the initial assessment procedure in drug courts to include a screening for trauma history, including CSA. They also suggest a need for trauma-informed care within drug courts.     

Judgments regarding parental alienation when parental hostility or child sexual abuse is alleged

Abstract

Allegations of Parental Alienation (PA), the systematic disparaging of one parent by the other parent aimed at alienating their child’s affections, as a basis for child custody decisions are highly controversial. Claims of parental hostility or allegations of child sexual abuse in custody cases may trigger concerns about PA. Family court professionals (N?=?280) rated young children’s accuracy of report (e.g., suggestibility, honesty) in general and also read three custody scenarios varying as to whether or not they included allegations of parental hostility or child sexual abuse, or no such allegations. For each scenario, the alleged alienating parent’s gender was experimentally varied between subjects. Participants rated the likelihood that each case involved PA. For the scenario that included allegations of child sexual abuse, professionals who viewed young children as more inaccurate reporters or who read about the mother (rather than a father) as the alleged alienator were more likely to rate the scenario as involving PA. For the scenario that described parental hostility but no child sexual abuse allegations, professionals who were older or female were more likely to judge the scenario as involving parental alienation when a mother (rather than a father) was the alleged alienator, whereas there were no significant predictors of responses to the no-allegation scenarios. Findings are discussed in relation to the difficult task of evaluating custody cases for PA when parental hostility or child sexual abuse is alleged.     

Recent legal trends in child sexual abuse cases: Direction for child protection workers

Considerable changes have occurred in criminal proceedings involving sexually abused children. As a result, perpetrators of child sexual abuse have been convicted more easily and sentenced to long prison sentences. However, a number of these convictions have been tainted and, thus reversed on appeal, based on either problems in the investigatory process or expert witnesses' exceeding the limits of proper testimony. Because many investigators and some expert witnesses were social workers, the author discusses recent decisions where appellate judges have criticized child protection workers' behaviors. By becoming familiar with cases such as these, child protection workers should gain a better understanding of the limits of their roles in the investigatory process and court proceedings. The result more likely would be that just convictions would be upheld by appellate courts, and falsely accused defendants would be spared the stigma of accusation, trial, and perhaps conviction.     

Assessment and intervention in cases of suspected ritual child sexual abuse

Agency workers have been heavily criticized over their handling of alleged ritual child sexual abuse cases, particularly in respect of their assessments and interventions. However, a study of referrals to police and social service departments revealed that agency workers raised suspicions of ritual abuse in respect of both child ‘victims’ and adult ‘survivors’ very rarely. Furthermore, they did this only after an assessment which showed the cases to possess a number of ‘troubling’ features. While agency workers believed that all the child ‘victims’ had been subject to serious sexual abuse, virtually all of them were circumspect as to whether this had occurred in a ‘ritual’ context. Initially, agency workers were generally open-minded as to the experiences of adult ‘survivors’, but by the end of their assessments, they tended to be more concerned about their mental health and less concerned about issues of ritual abuse. Finally, agency workers appeared to act appropriately in terms of the types of intervention they used and the way in which they applied these. These results suggest that there should be more confidence in the ability of agency workers to respond to cases of alleged ritual abuse. Copyright © 2001 John Wiley & Sons, Ltd.     

Child Advocacy Center Based Group Treatment for Child Sexual Abuse

The present study examines initial symptom presentation among participants, outcomes, and social validity for a group treatment for child sexual abuse delivered at a child advocacy center. Participants were 97 children and their nonoffending caregivers who were referred to Project SAFE (Sexual Abuse Family Education), a standardized, 12-week cognitive-behavioral group treatment for families who have experienced child sexual abuse. Sixty-four percent of children presented with clinically significant symptoms on at least one measure with established clinical cutoffs. Caregivers of children who presented with clinically significant symptoms reported more distress about their competence as caregivers. Children who presented as subclinical were more likely to have experienced intrafamilial sexual abuse. Posttreatment results indicated significant improvements in functioning for all children who participated in treatment, with greater improvements reported for children who initially presented with clinically significant symptoms. Overall, the program was rated favorably on the posttreatment evaluation of social validity.     

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.     

Playing safe: Media coverage of child sexual abuse prevention strategies

This paper examines the media coverage of preventing child sexual abuse. It draws on a content analysis of all press and TV news coverage about child sexual abuse that appeared in the UK during a complete 12-month period. The findings demonstrate that the bulk of the coverage was case-based, for example focusing on the Orkney case. There was very little opportunity for broader discussion of general issues of concern, including how sexual assaults against children might be prevented. The coverage of ‘prevention’ which did exist drew on a very narrow range of debates and was disproportionately concerned with abuse outside the home (abductions by strangers, or abuse within institutions such as schools or children's homes). Discussions about prevention were dominated by reactive news stories generated by particular ‘scandals’. The coverage was also largely drawn from a small constituency of official source agencies (such as government officials, court proceedings and police statements). There were few attempts to address the broader social conditions which might facilitate or inhibit sexual violence or to examine explicitly political analyses of the problem. The paper argues for a more diverse discussion about ways of preventing sexual violence against children, especially assaults by fathers, uncles, brothers and friends of the family. This demands close attention to the ways in which the mass media operate, as well as the priorities of source agencies. The paper points to factors within news production practices which both obstruct and facilitate debate about prevention and concludes by suggesting strategies to promote this issue as a vital part of the public agenda.     

An Overview of a Hospital-Based Child Advocacy Center’s Experience from Turkey

The purpose of the present study was to investigate sociodemographic variables, features of sexual abuse (SA), and first psychiatric evaluation results of abused children, and to analyze the relation of the psychiatric evaluation results to the children’s age and gender, type and duration of abuse, abuser–child relationship, and marital status of the children’s parents, at one of the most experienced Child Advocacy Centers (CACs) in Turkey. All data were obtained from reports prepared by child and adolescent psychiatrists. The sample of this study consists of 436 child sexual abuse (CSA) cases who admitted ?zmir CAC between April 2014 and November 2015. The statistical analyses yielded significant relations between psychiatric symptoms and chronic abuse, the gender of the children, and type of abuse. Suicidal ideation and behaviors due to sexual abuse (SA) were also examined. According to our results, it is fair to say that children exposed to SA benefit from immediate psychiatric help because of their vulnerability for psychiatric disorders due to abuse. In this context, CACs are very important multidisciplinary establishments to determine children’s multiple needs to ease their trauma with collaborative teamwork. Psychiatric evaluation should be part of this multidisciplinary context.