The Frequency of False Allegations of Child Sexual Abuse: A Critical Review

The rate of false allegations has been a topic of research spanning back to as early as the 1970s. Studies have often relied on data gathered by Child Protective Services workers and court administrators. Some researchers have also used hypothetical scenarios to estimate rates. However, given the plethora of sampling methods, there is a large variation in estimated rates of false allegations of sexual abuse depending on the data source and context of the allegation. Additionally, methodological problems such as unclear or invalid criteria used to judge truth or falsity of an allegation, unrepresentative samples, and ignoring important contextual variables such as the stage at which an allegation is made, currently all render the determination of actual rates of false child sexual abuse allegations to be unknown. This examination of literature is intended to gain a firmer understanding of the frequency at which allegations are false and during which stage of prosecution they occur, thus assisting with the legal practice of distinguishing between a false versus positive allegation. Research reviewed supports two general conclusions: (a) the vast majority of allegations are true but (b) false allegations do occur at some non-negligible rate. Suggestions for future research, as well as cautions about claims about specific rates of false allegations in the courtroom, are provided.     

Allegations of child sexual abuse in parenting disputes: An examination of judicial determinations in the Family Court of Australia

This study examined Family Court of Australia (FCA) judicial determinations in parenting disputes when allegations of child sexual abuse (CSA) are made by an interested party, usually the mother. For the study, 156 published judgments from 2013–2015 were examined to measure how often allegations of CSA are substantiated, suspected to be true, and disbelieved. The characteristics most common in substantiated versus unsubstantiated cases, evidence of abuse presented, and resulting parenting orders were assessed. Findings indicate that, against international comparisons, FCA judges substantiate cases very conservatively, with rates of substantiation much lower than in other studies. Allegations made by mothers against fathers were disproportionately unsubstantiated, as were those which did not fall under the Magellan case management system. Cases where the only evidence of CSA was a child’s disclosure and parent’s allegation were common in both substantiated and unsubstantiated cases, meaning that a lack of other evidence does not preclude a positive finding of risk of CSA by the FCA. Those cases also involving a protection order against the accused were more likely to be substantiated. Confirmation biases and a judicial tendency to err on the side of false negatives are discussed.     

Disclosure of Sexual Abuse in Sport Organizations: A Case Study

The disclosure of sexual abuse in the world of sports is a process that has not been widely documented. This article presents the results of a document analysis of sport organization policies and interviews conducted with 27 sport stakeholders. The interviews focus on these stakeholders' perceptions of how the disclosure process would unfold if a case of sexual abuse were to arise in their organization and their perceptions of the actual cases experienced in the sport organizations participating in this study. The results reveal several problems affecting the disclosure of sexual abuse in sport organizations.     

Disclosure of sexual abuse in sport organizations: a case study

The disclosure of sexual abuse in the world of sports is a process that has not been widely documented. This article presents the results of a document analysis of sport organization policies and interviews conducted with 27 sport stakeholders. The interviews focus on these stakeholders' perceptions of how the disclosure process would unfold if a case of sexual abuse were to arise in their organization and their perceptions of the actual cases experienced in the sport organizations participating in this study. The results reveal several problems affecting the disclosure of sexual abuse in sport organizations.     

Introduction to the Volume on Relocation Issues in Child Custody Cases

ABSTRACT

Recent JCC articles on the topics of gender bias in domestic violence research and practice and parental alienations syndrome are critiqued, with a brief preview of related articles on these topics scheduled for the upcoming special issue on domestic violence. The problem of false negative and false positive errors in evaluations of abuse allegations are discussed and the social psychological factors that contribute to systems failure in family courts are examined.     

False allegations in child sexual abuse: the pattern of referral in an area where reporting is not mandatory

SUMMARY. This retrospective study considers all referrals received by child health, social services and police of suspected child sexual abuse between the years 1986–1989, within South Glamorgan, Some 410 children were referred and of these 197 were found to have been abused. Of those cases where abuse was not proven, only 63 were judged to be due to false allegations, some of which were considered |malicious. This pattern, of approximately half of referrals being unsubstantiated, is similar to that reported from the United States, where reporting is mandatory. The criteria for diagnosis, and the identifying and presenting features surrounding possible explanations of false allegations are discussed.     

Notes on newspaper accounts of male elder abuse

Law enforcement press releases and other print-media miscellany detailing accounts of male elder abuse involving insurance fraud, false allegations by perpetrators, and abuse inflicted by caregivers, spawned interest in a more systematic review. That review was accomplished principally by accessing two search engines, with news articles from 1986 to the present. A review of these media accounts transformed the initial "insurance fraud" category into a broader one classified as "economic exploitation." That same review also resulted in three distinctive categories of caregiver abuse. This article provides abbreviated case accounts within each category, and concludes with brief notes on several themes derived from the reported accounts.     

Notes on Newspaper Accounts of Male Elder Abuse

SUMMARY

Law enforcement press releases and other print-media miscellany detailing accounts of male elder abuse involving insurance fraud, false allegations by perpetrators, and abuse inflicted by care-givers, spawned interest in a more systematic review. That review was accomplished principally by accessing two search engines, with news articles from 1986 to the present. A review of these media accounts transformed the initial “insurance fraud” category into a broader one classified as “economic exploitation.” That same review also resulted in three distinctive categories of caregiver abuse. This article provides abbreviated case accounts within each category, and concludes with brief notes on several themes derived from the reported accounts.     

The neglected priority: sexual abuse in the context of residential child care

In 1995, a questionnaire was sent to Scotland's residential child care services. Of 89 questions, five concerned sexual abuse. Responses were analysed along several variables—service type, gender and age of residents. A detailed report was compiled (Lindsay, 1997). The response rate was 94% of all Scottish services. The largest group of services were children's homes (112–49%), then residential schools (43–19%), residential respite care (28–12%), care leavers services (16–7%), services for young homeless people (15–7%) and secure units (5–3%), with other service types seven (3%). Two‐thirds of services believed they were caring for children who had been abused and one third for children who had abused others. Where children who had abused others were present, in 91% there were also abused children in the same service. The results were consistent across the variables. In a few cases, allegations of abuse had been made against staff. This was commoner in services for males than females. Staff requested more training and support in their stressful role. These findings have implications for the practice and training of residential staff, management policies and procedure and the design of new services. Copyright © 1999 John Wiley & Sons, Ltd.     

Serious and fatal injuries to infants with discrepant parental explanations: some assessment and case management issues

The objective of this study was to examine the challenges faced by child protection systems in assessment and case management where babies and infants have received serious and fatal physical injuries in the context of discrepant parent/carer explanations. Thirty‐eight case files or review records of children under the age of 2 with serious or fatal physical injuries were examined. Qualitative methods were employed to identify issues relating to types of parent/carer explanations, factors of concern in addition to the injuries and child protection system responses to the families. Findings indicate that the initial safety response by child protection systems to babies with serious injuries with discrepant explanations can be inadequate. Assessment of further risks could be inconsistent, especially in cases where there are few other factors of concern apart from the injury. There is a need for the development in the UK of more systematic decision‐making processes to achieve more consistent standards of assessment and case management of high‐risk infants and to minimize false‐negative and false‐positive predictions of further risk. Copyright © 2002 John Wiley & Sons, Ltd.     

Sexual abuse in sport: a model to prevent and protect athletes

Several studies clearly show that sexual abuse exists in sport. Currently, very few studies have examined the prevention and management of this problem in sports organisations. This article explores the measures used to prevent sexual abuse in sports organisations as well as the perceptions of the sports actors affected by these measures (parents, athletes, administrators and coaches). The results demonstrate that several factors affect the implementation of measures and the management of this problem in sports organisations. Moreover, few measures exist to prevent and manage cases of sexual abuse in these organisations, thus jeopardising the protection of athletes. Copyright © 2010 John Wiley & Sons, Ltd.     

Are Children Protected in the Family Court? A Perspective from Western Australia

Despite a landmark High Court judgement in the area of child sexual abuse allegations (M and M, 1988), a major concern in such cases seems to be the fear that mothers use false accusations against fathers as ‘weapons’ in custody and contact cases. This paper seeks to examine the validity of such views as they apply to Western Australia. In particular, it examines the belief that false accusations are rampant; the questionable nature of ‘parental alienation syndrome’, the belief that young children's accounts of abuse lack credibility, and the ignoring of the effect of abuse itself on the nature of a child's testimony. The paper argues that the principle of ‘protection of the child's best interests’ should not necessarily be equated with the child having access, even supervised access, with a parent previously accused of having abused the child.     

Residential care for children and young people: priority areas for change

Abuse in residential childcare has been of concern to the public and the profession for a number of years. This article highlights a Scottish Institute for Residential Child Care's (SIRCC) response to the Scottish Government which was requested following allegations of abuse in Glasgow City Council's Kerelaw residential school and secure unit. It offers priority actions to address the challenges of residential childcare and ensure the safety of children and young people as far as is practicably possible. It contextualises the residential childcare task, and explores four interrelated areas in which change is strongly recommended: (1) organisations' cultures; (2) workforce challenges including the status of the sector, staff selection standards, the role of residential childcare workers in relation to their level of autonomy and their education levels; (3) abuse allegations, in particular the sector's growing fearfulness of false allegations, support for practitioners' anonymity when accused of abuse and a reconsideration of criminal record certificate information; and (4) service delivery related to behaviour management and advocacy support. The intersection between the SIRCC and the subsequent Kerelaw Inquiry reports is outlined. Finally, it concludes with a scan of the immediate strategic policy horizon which indicates an unprecedented momentum for change. While based in the Scottish context, it reflects lessons which are applicable internationally. Copyright © 2010 John Wiley & Sons, Ltd.     

The evaluation of retractions in sexual abuse cases

In some cases of alleged sexual abuse, the child or adult retracts allegations made. This poses problems for both civil and criminal legal proceedings. It is argued that the collection and examination of retraction statements often does not receive the same careful attention as is the case with the investigation of the original allegations. Logically, depending on whether the original complaints were true or false or a mixture, so the meaning of a retraction may vary. Where retractions are examined and evaluated with care they may be shown to add to the confidence of the final conclusion rather than simply throwing doubt on that. A systematic approach is described, followed by three cases where such application assisted and paradoxically added to the probative value of earlier statements. Copyright © 2002 John Wiley & Sons, Ltd.     

Washington State's adoption of a child welfare practice model: An illustration of the Getting To Outcomes implementation framework

Despite a great need for evidence-informed practices in child welfare, very few child welfare systems have implemented evidence-based case management models state-wide. While the literature on implementation from the perspective of model developers and researchers is steadily increasing, there has been little attention to the process of implementation originating from the reverse direction, by community organizations themselves, or with regard to going-to-scale implementation in child welfare. The Getting to Outcomes (GTO) model, which was originally created to help organizations choose and implement prevention programs, is a promising guide for child welfare systems seeking to initiate system-wide implementation of evidence-based practices. The GTO framework provides a step-by-step guide for surveying a system, building motivation, training, and evaluation. This article will illustrate the state-wide implementation of Solution-Based Casework (SBC), an evidence-based model of case management, by Washington State's Children's Administration, following the GTO framework. Despite some barriers and obstacles, the GTO model proved to be feasible and to aide in the implementation of SBC. Implications for the GTO model as a framework for empowering community organizations to choose and implement relevant evidence-based practices will be discussed.     

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.     

Towards the prevention of abuse allegations in foster care: Exploring interpersonal dynamics

The purpose of this paper is to identify and examine interpersonal dynamics within the foster family-foster child system which are considered precursors to allegations of abuse against the foster family. Using key concepts from Family Systems Theory (Kerr & Bowen, 1988), the ulimate objective of this examination is to contribute to the ongoing effort to reduce the potential for allegations and placement deterioration.     

Korean American Pastors' Perceptions and Attitudes Toward Child Abuse

Abstract

More than 80 percent of Korean immigrants in the United States attend church on a regular basis. Churches, as informal community organizations, can play a very significant role in protecting children from abuse. This study examines Korean American clerics' knowledge of child abuse, their definition of child abuse, and their familiarity with mandatory child-abuse reporting laws. The study also examines how culture, demographic variables, and individual theological orientation affect their attitudes toward child abuse, mandated child abuse reporting by clergy, and preference of intervention strategies. Major findings include that more than 50 percent of respondents have seen child abuse and neglect among their church members, but the majority who have witnessed child abuse prefer to provide pastoral counseling to the family instead of reporting the case to a child protective agency.     

Examining Questionable Child Sex Abuse Allegations in Their Environmental and Psychodynamic Contexts

Unwarranted, questionable and uncertain allegations of child sexual abuse may not be discerned easily in 2 or 3 clinical sessions. This paper begins with a discussion of environmental circumstances conducive to questionable allegations, such as previously determined invalid cases, continuously symptomatic children, and litigated cases. Next are considered conditions related to the involved children: problems with trusting the evaluator, ongoing psychological accommodation to the molester, need for rapid decisionmaking with a well-defended child, the child's amnesia, a child unconcerned about sex abuse, and entrenched psychopathology. Finally, ways to improve clinical pursuit of questionable allegations are offered: seeing the child and parents over a longer time period; intensifying the focus on family and molester-child dynamics; and ascertaining the current family milieu promoting non-disclosure of sex abuse. Eleven case examples are presented.