Children as Witnesses: Understanding Their Capacities,Needs, and Experiences

Historically the law regarded children as inherently unreliable and made it difficult for them to testify. Since 1975 awareness of child abuse has increased and research has established that children can be reliable witnesses. Governments began to recognize the needs and capacities of children and enacted legal reforms to facilitate prosecutions for child abuse. This paper reports on a survey of victim witness workers and other justice system professionals which reveals some of the continuedfailings of that system in dealing with children. Althoughrelatively rare, there are cases of false allegations of abuse, usually a result of investigations by poorly trained professionals. Further legal reforms and better human supports are required to ensure that the needs of children are met and their capacities as witnesses are fully appreciated.     

A qualitative data analysis: family victim advocates in child advocacy centers

ABSTRACT

Family victim advocates in child advocacy centers provide a valuable resource to children and parents involved in child abuse investigations. This work requires that family victim advocates be knowledgeable in such areas as child development, crisis intervention, community resources, family relationships, child welfare and criminal justice systems. Because family victim advocates provide essential services to parents and caregivers, the role requires ongoing training and education to remain current on the ever-changing complexities of working with not only the children and families but also the criminal and child protection systems responsible for investigating these cases. The current study reports the findings from a nationwide survey of family victim advocates employed in child advocacy centers related to their motivation for doing the work as well as their perceptions of their training and potential training needs. A group of doctoral students comprised the research team and worked collaboratively under the supervision of university faculty to conduct the qualitative data analysis. The findings describe the characteristics and motivations of family victim advocates working in child advocacy centers and emphasize the need for more advanced trainings that focus on skill-building and strengths-based practices utilized to support children and parents in child abuse cases.     

Children as Witnesses: Understanding Their Capacities, Needs, and Experiences

Historically the law regarded children as inherently unreliable and made it difficult for them to testify. Since 1975 awareness of child abuse has increased and research has established that children can be reliable witnesses. Governments began to recognize the needs and capacities of children and enacted legal reforms to facilitate prosecutions for child abuse. This paper reports on a survey of victim witness workers and other justice system professionals which reveals some of the continued failings of that system in dealing with children. Although relatively rare, there are cases of false allegations of abuse, usually a result of investigations by poorly trained professionals. Further legal reforms and better human supports are required to ensure that the needs of children are met and their capacities as witnesses are fully appreciated.     

The double victim: The sexually abused child and the judicial system

The American judical system continues to dampen the willingness of juvenile victims of sexual abuse to testify against their alleged abuser. A recent example of this continuing double victimization appears in the U.S. Supreme Court decision ofCoy v. Iowa (1988). The rights of minor sexual abuse victims are explored through case law, statutes, legal literature and historical references as they impact the minor during the judicial process. It is difficult to achieve justice for sexually abused children in a judicial system designed for adults; thus, the sexually abused child remains a double victim in our contemporary judicial system.     

Group therapy with sexually molested children

It should be stressed that the young children's group was only a part of the overall treatment approach that forms the family context of the Child Sexual Abuse Treatment Program. Because the therapists also work with entire families, they have come to accept that the child is not the only victim. Often the mothers and fathers in this program were themselves victims of sexual assaults when they were children, and have carried this victim roles with them into adulthood. A child growing up in this family system will learn the victim role well. Her denial and/or fear of sexual aggression, as well as her role models for parenting, will perpetuate the cycle and make the sexual abuse of her own children a distinct possibility. The play therapy treatment seeks to break this cycle and restore the young child victim's self-respect by teaching new skills and providing different role models. The therapy seeks to help her tap her own power to become an adequate adult. Such therapeutic "undoing" or self-reconstruction is a long process which probably takes as many paths as there are victims. Adults victimized as children frequently report periods of repression and denial, and it is likely that direct treatment of the child victim, when the incest comes to light, mitigates against development of such repression. The natural healing process must be respected. The child needs time to integrate the experience and its painful aftermath. Changing and healing do not take place all at once, or after one period of intervention. Therefore one important aspect of such therapeutic work is to give the child victims the tools to reach out for help and support in the future, when the pain of this early childhood experience may once again be an obstacle to growth.     

Between victim and victimizer: The narrow corporeal path of being a foster child

Foster children in the U.S. welfare system exemplify an archetypal category of victim. Many of these children undergo a transformation from victim to victimizer. This process is rooted in experiences of the body that track in parallel with each child's individual biography. By following in detail the case of one boy, Michael, and the narrative of his body, it is possible to see the ways that child welfare institutions and the formal protocols they create, act to push Michael's body from the category of victim to that of victimizer. Institutional attempts to control and observe the bodies of foster children thus show elements of a Foucauldian universe that additionally constructs the bodies of young males as potential weapons.     

Cross‐examination,sexual abuse and child witness identity

This paper presents extracts from cross‐examinations with child witnesses who are alleged victims of child sexual abuse. The manner in which cross‐examination may present a challenge to the child's identity as child, victim and witness is discussed. Specifically, the child may be portrayed as ‘unchildlike’, for example in their experience of sexual relationships or in their sexual knowledge. They may be portrayed as less than innocent, through references to previous contacts with social services or to other behaviours such as delinquency. Child witnesses may be depicted as instigators rather than victims, seducing the adult or seeking revenge through sexual allegations. Finally, children are easily accused of being poor witnesses, as being confused, untruthful and having fallible memories. The paper considers the dynamics and potential impact of such cross‐examination practice within Finkelhor's framework of four traumagenics of sexual abuse: traumatic sexualization, betrayal, powerlessness and stigmatization. The potential for poorly conducted cross‐examinations to create further problems for child witnesses, particularly in the area of identity, is highlighted, and it is suggested traumagenic factors in such cross‐examinations may resemble those of abuse. The paper discusses practice implications for cross‐examination, judicial intervention and witness support following implementation of the Youth Justice and Criminal Evidence Act 1999 in England and Wales. Copyright © 2002 John Wiley & Sons, Ltd.     

Perceptions of child sexual abuse:victim and perpetrator characteristics, treatment efficacy, and lay vs. legal opinions of abuse

Two studies examined interactions between victim age and victim response, and victim relation to perpetrator and victim response influencing perceptions of child sexual abuse (CSA). Undergraduates read one of several vignettes describing a sexual encounter between a man and a girl. In Experiment 1, age of the girl was varied; victim age interacted with victim response to increase ratings of abuse and expected trauma for the girl. In Experiment 2, age was held constant while victim relation to perpetrator was varied; men gave higher ratings of abuse than did women for scenarios involving a step father rather than a neighbor, regardless of victim response. In both studies, psychotherapy was expected to help the victim more than the perpetrator and the law was judged to be less stringent than it is regarding CSA. Results suggest that perceptions of CSA are influenced by several factors and that laws regarding CSA may not be well understood.     

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.     

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.     

Myths about the Country Walk case

The Country Walk case in Dade County, Florida was long considered a model for how to prosecute a multi-victim child sexual abuse case involving young children. In the past 10 years, however, a contrary view has emerged that the case was tainted by improper interviewing and was likely a false conviction. This is the first scholarly effort to assess the competing views of this case. Critics of this case advance three primary claims: (1) the positive STD test result from Frank Fuster's son was unreliable; (2) highly suggestive interviewing produced the children's claims; and (3) Frank Fuster's wife, Ileana, was coerced into testifying against her husband. On close examination, all three claims prove to be false. This article documents the reasons why these claims constitute myths and why those findings are significant in the larger debate on children as witnesses.     

Videotaped interviews in child sexual abuse cases: the Texas example

Suchrara writes [1977: 296] that "a child's right to humane treatment must be considered not an option on the part of adults, but an obligation." The use of videotaped interviews as admissible judicial evidence is an important step toward Suchrara's goal; videotaped testimony attempts to balance the emotional, psychological, and developmental needs of the child with the civil liberties afforded to alleged perpetrators. The Texas State Legislature, with the passage of Senate Bill 836, broadened the civil rights of children to include the notion of humane treatment in civil and criminal investigations and proceedings. The Texas law establishes explicit guidelines to enhance the child's dignity in a traumatic and personal experience. Furthermore, the law protects the civil rights of the accused guaranteed by the sixth and fourteenth amendments to the U.S. Constitution. The successful implementation of the videotape law, however, depends on the skills and expertise of the social worker. The practitioner must possess specialized training in the dynamics of child sexual abuse and an extensive understanding of related law and legal processes. This expertise is built on a foundation of knowledge and skills required for effective interviewing, counseling, and an exhaustive understanding of human behavior theory. Given the complexity and interplay of law, rights, and human behavior, the social worker requires ongoing training in these areas in order that the interests of all concerned parties be protected. The Texas State Legislature provides an opportunity for the social welfare and legal communities to determine jointly how and to what extent the rights of a victim and an alleged perpetrator may be protected. The law is in hand; the success of its implementation now rests with the practitioners.     

Interpreting Child Sexual Abuse: Empathy and Offense-Supportive Cognitions among Child Sex Offenders

Researchers have suggested that child sex offenders hold distorted views on social interactions with children. Misinterpreting children’s behavior and intentions could lead to sexually abusive behavior toward children. It is further suggested that the interpretation process is influenced by offenders’ offense-supportive cognitions and levels of empathy. To examine the relationships between these three concepts, 47 contact offenders completed self-reports on offense-supportive cognitions and empathy. Vignettes were developed to assess the extent to which offenders attributed responsibility, benefit, and complicity to children in hypothetical child molestation incidents. This study showed that cognitions that justify sexual offending against children seem to diminish the threshold for sexual assault by assigning more cooperation and willingness of the victim in a child molestation incident.     

Victim to Victimizer: The Psychology of Isomorphism in a Case of a Recidivist Pedophile in Finland

ABSTRACT

An extreme case of a six victim, 38-year-old recidivist sex offender was selected for examining the isomorphic relationships between child sexual abuse trauma and adult sex offenses. This sex offender had victimized children of both sexes and an adult woman. Life history, letter, file, and the Adult Attachment Interview information were analyzed to seek the relations between childhood abuse experiences and adult offending. Both subjective reports and file data revealed that the man had experienced severe physical, psychological, and sexual abuse in childhood. His pattern of sexual offending against children was similar to his own experiences of sexual abuse by his father. The age of the child victims fell in the range of his age at the time of the childhood sexual abuse. Moreover, the use of coercion to gain victim compliance resembled the way his father had acted towards him. The pedophile's offending behavior was interpreted using the isomorphic and attachment perspectives.     

Reactions to resistance: the role of contextual factors in sex offending

Upon encountering victim resistance during the commission of a sexual assault, an offender makes a decision as to how to react to the resistance via the use of varying degrees of coercive or noncoercive tactics. Exhaustive chi-squared automatic interaction detection (CHAID) analyses were performed on a sample of 369 criminal events to detect the significant situational and crime-specific factors, the pertinent interactions between these factors, and how these affect an offender's reaction to victim resistance depending on whether the victim is a child or an adult. Findings show that multiple interactions do occur and, moreover, factors affecting the offender's reaction to victim resistance are very different depending on whether the victim is a child or an adult. Planning and preparation variables, such as the offender's attack strategy, were found to be significant in the child victim model, whereas reactive variables, such as the type of victim resistance, were found to be significant in the adult victim model. The findings lend support to the social interac-tionist perspective and the importance of victim-offender dynamics.     

Child Sexual Abuse Attributions Among Undergraduate Psychology Students in Singapore

ABSTRACT

Experimental vignettes were used to investigate attributions relating to child sexual abuse with a focus on the degree of blame allocated to the family and to society, factors thought to be particularly relevant in a collectivist society. One hundred and sixty-two undergraduates in Singapore evaluated media reports describing a case of child sexual abuse. A 2 x 2 x 2 between-subjects design manipulated victim sex, perpetrator sex, and victim–perpetrator relationship. Participants rated the vignettes on degree of blame and prevention potential and rated the abusiveness of the case. Individualism and collectivism attitudes of the participants were also measured. While the highest blame ratings were attributed to perpetrators, significantly more blame was attributed to the family and to society than to the victim. The demonstration of the present attributions of blame to family and to society is a timely finding given recent recommendations to broaden approaches to child abuse prevention by moving away from a reliance on school based child protection programs, which leave the onus on the child to prevent and report abuse, toward a public health approach, which is particularly inclusive of parent and community education approaches . Allocation of some blame to victims, in spite of their status as children, while not a unique finding in victimology research, emphasizes the challenges still to be faced in encouraging the reporting of child sexual abuse.     

Bridging the gap: Investigating the abuse of children with multiple disabilities

This is a summary of a series of practical papers written to help bridge the ‘gap’ between the fields of child protection and childhood disability, with a view to improving practice in child protection work with severely disabled children. Particular attention is paid to the needs of children using alternative communication systems. The theme of the paper is that disabled children are in most senses just like other children, but may have particular needs in relation to the investigation of abuse, as well as being particularly vulnerable to abuse. Issues around the assessment of suspicion, preparation for interviewing and the interview process are presented. The needs of the child, the accompanying adult and the child protection worker are considered. Guidelines and recommendations for practice at different stages of the investigation are given. The need to adapt the investigation to the particular needs of the child is emphasized throughout.     

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.     

Perceptions of a Child Who was Overweight or of Average Weight by African American Children

The current study examined African American children’s perceptions of a peer who was overweight or average weight and was called a name. Participants were 107 African American children who viewed same gender line-drawings of an overweight and average weight peer and selected one line drawing as being the child who was called “stupid” in a vignette. Next, participants rated their perceptions of (popularity, friendliness, etc.) for both line-drawings. The line-drawing of an overweight peer was selected as being called a name more often than the average weight one and this child was viewed as less popular. Girls provided higher sympathy and acceptance ratings of the child selected as a victim than boys. Findings provided support for the notion that children are aware that overweight children may be marginalized. Girls may be more accepting because they are more empathic or more likely to support a peer who is teased or called names. Further research will be needed to ascertain factors related to negative perceptions of overweight children to inform intervention efforts. Speaking with children about accepting others and conducting activities to improve acceptance are important roles for social workers and implications for social work practice are reviewed.