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.     

‘From awareness to practice’: children,domestic violence and child welfare

This paper traces the development of social care practice in relation to child witnesses of domestic violence. It suggests that this development has been dominated by subsuming the needs of these children into a child protection process. The paper outlines how this has led to significant (but often unclear) legal and policy initiatives which have failed, as yet, to be translated into practice. The paper argues that there are a number of important reasons why child witnesses of domestic violence should not always be assumed to need the response of a child protection system and that a future practice, legal and policy response should be based on a wider understanding of their needs. Copyright © 2006 John Wiley & Sons, Ltd.     

Ethical and legal challenges of mandated child abuse reporters

Background

Mandated reporters inconsistently report child abuse cases. Ethical dilemmas and legal challenges to reporting arise creating barriers to assist abused children and their families.

Purpose

The purpose of this study was to describe professionals' ethical dilemmas and legal challenges to reporting child abuse.

Method

A qualitative study was conducted to explore the ethical and legal challenges of mandated reporters when reporting child abuse. Individual interviews between 60 and 100 min were conducted with a purposive sample of 18 mandated reporters including physicians, nurses, social workers, and teachers. Grounded theory methodology was used to develop categorical themes that reflected mandated reporters' experiences and challenges.

Result

Three themes emerged from the data: conflicts, time, and law as refuge. Professionals described challenges in balancing autonomy, beneficence, nonmaleficence, and justice. There was no best solution to do no harm. The associated stigma and pressure of cultural and secular norms of child abuse inhibit professionals' action based on legal and ethical requirements. The theme of time included limited time and an uncertain future. The law provides security and refuge for professionals to find a solution to the challenges of reporting child abuse.

Conclusion

The ethical and legal challenges of reporting child abuse create complex dilemmas for mandated reporters. Ethical principles are in constant opposition when negotiating rights of children and rights of parents. Supportive structures and education are needed to assist professionals in meeting their reporting obligation and solving their dilemmas.     

Beyond Munchausen by Proxy: A Proposed Conceptualization for Cases of Recurring,Unsubstantiated Sexual Abuse Allegations

In the emerging literature, cases involving recurring, unsubstantiated allegations of child sexual abuse have generally been categorized as Munchausen by proxy. Recent scholars have recommended restricting the label to the original conceptualization, involving purposeful deception motivated by psychological needs for medical attention. This leaves many cases unclassified that do not fit the Munchausen by proxy criteria, involve significant risks to the child, and ultimately fall outside of existing structures for Child Protective Services/legal intervention. This paper presents a reconceptualization of such cases, proposing to label them “recurring sexual abuse allegation” cases. Defining the set of cases more clearly can aid child protection workers in their management and encourage research on prevalence, consequences to children, treatment strategies, and needed legal reforms.     

完善儿童虐待防治法律问题研究

近年来,我国虐童事件层出不穷,但由于我国儿童虐待防治法律制度存在立法体系不完善、配套制度不健全等问题,无法对虐童行为进行有效防治。国外发达国家和地区在儿童虐待防治方面有很多先进经验可供借鉴,如完善的法律体系、对儿童虐待的明确界定、强制报告制度、调查和处理制度等。结合我国现实情况,可以对我国相关法律制度进行完善,从而有效防治儿童虐待,包括完善相关立法,建立强制报告制度,完善儿童收养与寄养制度,设立受虐儿童调查和处理制度,建立受虐儿童国家监护制度等。     

Protecting the child witness in the courtroom

The 1988 and 1991 Criminal Justice Acts have transformed the law and procedure governing the appearance of children as witnesses in criminal trials. Traditional legal constraints such as the competency test, the requirement of corroboration, the special warning to the jury and the hearsay rule have all been abolished or extensively qualified. In addition, the 1988 Act introduced a major procedural change in the form of the video-link which was designed to make it easier for children to give their evidence. A survey of existing research confirms that children do find the giving of evidence in open court stressful and that the experience may have long-term adverse consequences. A study for the Home Office indicated widespread acceptance of the use of the video-link among courtroom personnel and observational data confirm its effectiveness in empowering children's testimony. The 1991 Act allows pre-recorded video-taped interviews to be admitted as evidence in criminal cases but retains live cross-examination via the link. The legal requirements of such interviews will place heavy demands on interdisciplinary cooperation in training and the establishment of good practice. The impact of this novel scheme on child witnesses and the court deserves rigorous evaluation.     

Children's credibility on camera: the influence of age and production factors

SUMMARY. An experiment was conducted to examine whether the use of different camera shots-medium or close-up-affected the way in which child witnesses were perceived by adult raters. School children were video-recorded describing an event in which they had participated, and students rated the children s perceived credibility on a number of scales. Type of shot used did not influence perceived credibility in a consistent manner, although it did influence some aspects of a child's credibility when the child's age and/or sex was taken into account. Children seen in medium shot were judged more honest than children seen in close-up. Age of the child was the most influential factor, with older children generally perceived as more credible than younger children; this effect was particularly noticeable for girls and children seen in medium shot. The relevance of the current study for the testimony of child witnesses is discussed in the light of current and proposed legal reforms.     

Collateral Damage: The Lived Experiences of Divorced Mothers Without Custody

This qualitative study utilizing narrative analysis and grounded theory examines the history and experiences of 14 Canadian women who have lost custody of their children within a legal divorce process. Each woman's storied experience focused on themes of attachment and loss associated with involuntary child absence, legal abuse within the adversarial system, and judgment based on nonconformity to a motherhood ideal; physical violence and emotional abuse in the family system; access denial and parental alienation; stigma and lack of support services; and serious financial losses. Women's perceptions of their children's needs in the divorce process, mothers' responsibilities in relation to those needs, and the responsibility of social institutions to support mothers as parents were also examined. The study sought mothers' views about needed changes to the legal framework of child custody determination and other priorities. Implications for socio-legal policy are discussed, including a consideration of a rebuttable legal shared parental responsibility presumption as facilitating the most salutary postdivorce outcomes for women and children, as are guidelines for direct service provision.     

A relational understanding of the needs of siblings of children who have been sexually abused

This participatory research project highlighted the views and experiences of young people who are the brothers and sisters of children and young people who have experienced child sexual abuse. By working with young people who had experienced sexual abuse and their siblings, this practitioner research sought to give these young people a voice. The research involved a group process with young people who have experienced sexual abuse and have siblings, and one-to-one online consultations with the brothers and sisters of young people who have experienced abuse. All the young people spoke of their sibling and family relationships as unique and requiring unique responses to these relationships by services and health-care professionals. Siblings’ needs in the aftermath of a child sexual abuse discovery are often overlooked. This research describes how just as children who have experienced sexual abuse may feel anger, fear, guilt, shame, anxiety, and confusion, so do their siblings. Brothers and sisters of young people who have experienced sexual abuse describe significant relational trauma with intense emotional experiences of isolation, confusion, sadness, and anger. There is a real need to support young people and families to find words and develop capacities to talk about child sexual abuse -- a need to find supportive ways to speak about what has occurred and understand its impact on all. The study clearly demonstrated the significant level of need and impact on brothers and sisters of young people who have experienced sexual abuse.     

Legal and Social Service Responses to Child Sexual Abuse: A Primer and Discussion of Relevant Research

This paper provides a broad overview of legal and social service responses to child sexual abuse, the overarching legal framework provided by federal legislation, and funding mandates and the unique and shared investigative concerns of law enforcement and child protective service entities. Relevant psychological research is highlighted throughout, including research on investigator training, forensic interviewing techniques, children's suggestibility, jurors' perceptions of child witnesses, and courtroom accommodations for child witnesses.     

Healthcare professionals' priorities for child abuse educational programming: A Delphi study

Child abuse reporting and intervening are a complex process. A comprehensive training program with targeted goals and priorities enables professionals to effectively address the needs of abused children and their families. The study purpose was to identify the content and priorities of health professional education in child abuse by integrating expert opinions and achieving consensus. A 3-round Delphi study was conducted with 25 multidisciplinary experts in health care, social welfare, psychology and counseling, and law and jurisdiction. Structured questionnaires collected expert opinion of appropriateness and importance of knowledge, subjective norms, attitudes, skills, team collaboration and teaching strategies. The expert response rates ranged from 96 to 100% for the 3 rounds, and consensus was achieved. Knowledge was regarded as the most important element. Two items on forensic evidence in the skill category received the highest importance score. Results provide a basis to develop educational programs achieving clinical competence in child abuse care.     

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.     

Evaluating Allegations of Child Sexual Abuse Within Complex Child Custody Cases

SUMMARY

This article provides a framework for identifying and assembling the interdependent elements of a child custody evaluation with allegations of child sexual abuse. The identification of several myths regarding child sexual abuse (CSA) introduces the subject matter of this article. A forensic evaluation model (Heilbrun, 2001) is then used to organize the custody evaluator's tasks into the following sequential classifications: (a) preparation; (b) data collection; (c) data interpretation; and (d) communication of results. Through this model, the entwined tasks of evaluating the child's needs and the parents' capacities to meet the child's needs, while simultaneously examining the question of child sexual abuse, are addressed.     

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.     

Mothers' experiences, resources and needs: The context for reunification

This paper extends prior scholarship regarding the characteristics of mothers involved with the child welfare system. In-person interviews were conducted with a statewide sample of 747 mothers, 318 with children remaining in home and 429 with children in care, to examine their socio-demographic and psychosocial characteristics as well as service needs. Mothers were mostly impoverished, struggling to meet basic needs, and coping with early trauma, mental health problems, substance abuse and domestic violence. Almost half reported an annual income of less than $10,000 and 70% were unemployed, but few received public benefits with the exception of food stamps. Mothers with children in care experienced greater economic hardship than mothers whose children remained in home. The implications of the findings are discussed.     

Maybe ignorance is not always bliss: The disparate treatment of Hispanics within the child welfare system

Previous studies indicate that the proportion of culturally diverse children to White children is increasing in public social service agencies. In addition, culturally diverse children are more likely to receive more intensive and punitive services, are more likely to stay within the system for longer periods of time and are reported more often to Child Protective Services. The purpose of the study was to explore how child welfare practices with Hispanic children are different from those applied with White non-Hispanic children. This study was a retrospective, two year, longitudinal, survival analysis of differential child welfare placement outcomes of White non-Hispanic and Hispanic children/families which had substantiated cases of abuse/neglect (n=1001).Findings demonstrate that although cases reported for abuse/neglect are relatively proportionate between Hispanic and White non-Hispanic children, substantiated cases are more likely to occur with Hispanic children. These children are more likely to be placed out of the home more quickly and for longer periods of time than their White non-Hispanic counterparts. The current study demonstrates the need for increased cultural awareness among Child Welfare professionals, especially in terms of assessment and case decision making, and the need for the development of culturally sensitive training modules for CPS and case management personnel.     

Responding to Child Sexual Abuse: The Criminal Justice System

Children who disclose sexual abuse, and the professionals working with them, continue to face a series of difficulties and dilemmas if the alleged abuser is to be brought before the criminal court. As part of a major study of 202 children who had been sexually abused, 35 were interviewed about their post-abuse experiences. The majority were positive about their contact with police. What the children wanted to happen to the abuser suggests that they did not always want imprisonment but that they required some form of redress, and above all that the abuser should be held accountable. However, accounts by the six children who were prosecution witnesses were all unequivocally negative about their experience of giving evidence and being cross-examined. The issues raised by the children's qualitative evaluations provide increased support for the view that further reform is still needed if the interests of children, as well as justice, are to be truly protected within the criminal legal system. © 1997 John Wiley & Sons, Ltd.     

The Canadian Human Rights Tribunal on First Nations Child Welfare: Why if Canada wins, equality and justice lose

Repeated reports indicate that First Nations children on reserve receive less child welfare funding than other children in Canada despite the fact that First Nations children have higher child welfare needs. After the Government of Canada failed to implement two joint solutions to address the inequality, First Nations organizations in Canada filed a human rights complaint alleging that the Government of Canada is discriminating against First Nations children on the basis of race and national ethnic origin. This historic case is now before the Canadian Human Rights Tribunal and marks the first time that Canada has been held to account before a legal body for its current treatment of First Nations children and their families. This opinion article presents the facts leading up to the filing of the human rights case, the grass roots advocacy and legal processes after the complaint was filed, and the implications for: First Nations children, individuals from minority groups, and the moral fabric of the country if the Government of Canada wins the case.     

‘We have very different positions on some issues’: how child welfare workers in Norway and England bridge cultural differences when communicating with ethnic minority families

This article compares how child welfare workers in Norway and England experience and cope with communication problems resulting from cultural differences. This study is based on in-depth, semi-structured interviews with 53 front-line child welfare workers and draws on social theories that understand communication as a social act. We show cross-country variations in child welfare workers' perceptions of the communicative problems and coping mechanisms. In Norway, social workers think that minority parents' perceptions on children's needs and child-rearing and parents' lack of understanding of the child welfare system were challenging. Social workers in England perceive the physical abuse of minority children as problematic. They are also concerned about carers' fears of social workers forcing majority cultural values on minority families. While social workers in both countries spend more time with minority families, their approaches dealing with communication challenges correspond to their different problem perceptions. Social workers in Norway act as cultural instructors: they focus on the needs of the minority child and instruct parents about Norwegian values and the Norwegian welfare system. Social workers in England are cultural learners: they focus on practising in anti-oppressive ways, while protecting ethnic minority children from physical abuse. Both approaches avoid going into real communication about perceived problems and what a child might need. We also discuss the implications of these findings on social work practice.