Delayed prosecutions of historic child sexual abuse: analyses of 2064 Canadian criminal complaints

A taxonomy of groomer profiles: Comparisons of in-person, online, and mixed groomers through the examination of Canadian judicial decisions

BACKGROUND

Sexual grooming in cases of child sexual abuse (CSA) has captured the attention of researchers over the past decades. While early research focused on offenders who groomed children in person, our knowledge of online groomers has begun to increase. However, there has not been a concomitant increase in understanding of groomers who use both in-person and online grooming strategies (i.e., mixed groomers); it is not clear if mixed groomers more closely resemble in-person groomers, online groomers, or if they are their own distinct groomer type.

OBJECTIVE

The current study creates the first taxonomy of in-person, online, and mixed groomer profiles through the empirical analysis of Canadian judicial decisions.

PARTICIPANTS, SETTING, AND METHODS

180 Canadian judicial decisions from 153 cases of CSA involving grooming were extracted from the Canadian Legal Information Institute and coded for information related to grooming strategies, the accused, the complainant, and the alleged offence.

RESULTS

Mixed groomers used more grooming strategies per case than in-person and online groomers. Mixed groomers initiated contact online with complainants less often than online groomers, but identified more vulnerable victims, engaged in more non-sexual yet inappropriate conversations, and used more gain cooperation strategies than in-person groomers. Online groomers were older and had shorter delays to criminal proceedings than mixed and in-person groomers. Complainants groomed in person were younger and abused for longer durations than mixed and online complainants.

CONCLUSIONS

The proposed taxonomy of groomer profiles can inform education and prevention programs about the heterogeneous nature of grooming. Those who groomed children in-person, online, or using a mixture of both methods varied greatly in their grooming strategies, victim age preferences, relationship to the child, and pathways to disclosure.

Mock-Jurors' Judgements in a Sexual Assault Case: The Influence of Defendant Race and Occupational Status, Delayed Reporting, and Multiple Allegations

Reports of sexual offences have increased in recent years, with many cases involving allegations against high-status individuals (e.g., Harvey Weinstein, Bill Cosby). In addition, many of these cases have involved allegations against the defendant from multiple victims, with long delays in reporting of the alleged assault. The purpose of this study was to examine the influence of defendant occupational status (low vs. high), defendant race (White, Black), number of allegations (one vs. five victims), and the length of reporting delay (5, 20, or 35 years) on mock-juror decision-making. Mock-jurors (N = 752) read a mock-trial transcript describing a sexual assault case. After reading the trial transcript, mock-jurors were asked to provide dichotomous and continuous guilt ratings, as well as ratings regarding their perceptions of the defendant and victim. Results revealed that mock-jurors rendered more guilty verdicts, assigned higher guilt ratings, and perceived the defendant less favorably and the victim more favorably, when the defendant was White (as opposed to Black) and when there were multiple allegations against the defendant. The current findings suggest that defendant race and the number of allegations are highly influential in the context of a sexual assault case.

Categorizing Complainant-Accused Relationships in Cases of Child Sexual Abuse: The Distinctive Nature of Community Connections

We examined the categorization of relationships between child complainants and accused perpetrators in cases of child sexual abuse (CSA). Researchers that have focused on complainant-accused relationships and other case variables, often combining two extrafamilial complainant-accused relationship categories: Relationships where the accused is connected to the child through their position in the community (i.e. community connections) and relationships where the non-relative accused is known to the child through a connection to the child's family (i.e. non-relative family connections). Using a database of 4,237 Canadian judicial decisions in cases of CSA, we reviewed a subset of 1,515 judicial decisions to explore differences between these two relationship categories. Compared to cases involving non-relative family connections, cases involving community connections had more male complainants, more multiple complainants, older complainants, higher frequencies of abuse, longer durations, and longer delays. We conclude that community and non-relative family connections are distinct relationships that should be separated for analyses in future research. Practical implications of recognizing the distinctiveness of non-relative family and community connection relationship categories in the context of abuse prevention and treatment are also discussed.

Perceptions of Allegations of Repeated Victimization: The Roles of Event Frequency, Language Specificity, and Disclosure Delay

Although many forms of victimization are repeated (e.g., domestic violence), we know relatively little about the perceived credibility of adult claimants who allege repeated maltreatment. We examined the effects of Event Frequency (Single vs. Repeated), Language Specificity (Episodic vs. Generic), and Disclosure Delay (Immediate vs. Delayed) on laypersons' perceptions of claimant credibility. Participants (N = 649) read a mock interview transcript and provided subjective ratings (e.g., credibility, likelihood of suspect guilt, claimant responsibility). When the alleged abuse occurred a single time (vs. repeatedly), participants rated the interviewee as less blameworthy but no more (or less) credible. Exploratory findings indicated that female participants viewed the interviewee as more credible and less responsible than did male participants.

'Cold feet': The attrition of historic child sexual abuse cases reported to the police in a Northern Canadian Territory

BACKGROUND

Most previous sexual assault attrition research has not differentiated between cases reported promptly and non-recent (or historic) reports, obscuring differences in attrition patterns. Historic child sexual abuse [HCSA] presents challenges for investigation and prosecution, including a lack of physical evidence, and complainant and witness memory issues.

OBJECTIVE

To determine attrition patterns and analyze complainant reasons for withdrawal in HCSA cases in a region with a large Indigenous population.

SAMPLE AND SETTING

This study examined 231 non-institutional HCSA complaints reported to the police in a Northern Canadian Territory.

METHODS

Files were coded for a range of complainant, suspect, and offence variables. Reasons given by complainants were examined using thematic analysis. Logistic regression was performed, looking for factors connected with complainants' likelihood of continuation.

RESULTS

Overall attrition was 68.8%, with 159 cases not resulting in convictions. The leading cause of attrition, at 39.6%, (n = 63) was initiated by complainants, many of whom withdrew during the early stages of the investigative process. Thematic analysis of reasons for complainant withdrawal yielded two main themes ('cold feet' and 'therapeutic'). Logistic regression results showed that three complainant-related variables were significant [p = 0.001] for complainant continuation: multi-complainant cases; previous disclosure by complainants; and complainant age (15-17 years old) at offence.

CONCLUSIONS

Results showed less attrition overall than for recent sexual assault, and highlighted the need to support HCSA complainants from early in the process, especially those reporting abuse for the first time. It was also found that some complainants were satisfied without going to court.

How Do Judges Discuss Memory Failures in Childhood Sexual Abuse Cases? A Brief Report

The natural fading of memory presents a difficulty for complainants who report childhood sexual abuse after a significant delay. The complainant's recollections, and their failures to recollect, may be the only source of evidence about the alleged offense and so may be determinative of outcome. We analyzed 101 published judicial decisions of timely tried and delayed complaints of child sexual abuse and coded for judge's comments related to complainants' memory failures. We utilized qualitative and quantitative methods for this study. There were more memory failure comments reported for cases with a delay to trial compared to no delay to trial. Further, there were more memory failure comments in cases that ended in acquittals than convictions when there was a delay to trial. Judicial discussion of memory failures about abuse setting or circumstances accounted for the highest percentage of comments.

Cross-examination may be more detrimental to repeated-event children than single-event children

Cross-examination is detrimental to the consistency and accuracy of children's reports and a re-direct interview may rehabilitate accuracy. We compared the effects of cross-examination on reports provided by single-event and repeated-event children. Children participated in one or five magic shows. One week later they were interviewed in a supportive manner (Interview 1). Next, a different interviewer cross-examined half the children or asked the other children all questions again (Interview 2). Finally, the initial interviewer re-directed the children by re-asking questions in a supportive manner (Interview 3). When defined narrowly (the instance children were asked to describe), cross-examination was more detrimental to single-event children and the re-direct interview rehabilitated correct responses for all children. When defined broadly (experienced details), cross-examination was more detrimental to repeated-event children and the re-direct did not rehabilitate correct responses for repeated-event children. Therefore when performance was off the floor, cross-examination was more detrimental to repeated-event children. The changes that repeated-event children make under cross-examination are explained by cognitive factors and social influences Ost et al., [2016]. Recall, verbatim memory and remembered narratives. In G. Oxburgh (Ed.), Communication in investigative and legal contexts: Integrated approaches from forensic psychology, linguistics and law enforcement (pp. 39-54). Wiley Blackwell).

The Relevance of Certain Case Characteristics in the Successful Prosecution of Child Sexual Abuse Cases in Indonesia

Successful prosecution in child sexual abuse (CSA) cases is an essential purpose of law enforcement agencies to ensure accountability of perpetrators and children's safety. However, research has shown that legal prosecution of CSA cases is a highly complex endeavor resulting in only a limited percentage of cases being prosecuted and ultimately proven in court. Most attrition occurs at the stage of the police investigation. The current study is the first study of CSA prosecution in an Asian country. We aimed to identify factors, which contribute to Indonesian CSA cases prosecution. We examined police files of CSA cases (N = 179) from three police units in greater Jakarta. We found that only 32% (n = 58) of cases were prosecuted. The following factors increased the odds of prosecution: victim being threatened, the suspect confessed, medical examination report being present, duration of investigations between one to 2 months, and the case being charged under the Child Protection Law. These findings (threat, suspect confession, and the presence of a medical examination report) correspond to previous studies in other jurisdictions.

"DID YOU EVER FIGHT BACK?": Jurors' Questions to Children Testifying in Criminal Trials About Alleged Sexual Abuse

The current study examined jurors' questions to children in criminal trials assessing children's allegations of sexual abuse, demonstrating a new avenue for studying how jurors think about, respond to, and assess evidence. We used qualitative content analysis to examine jurors' questions to 134, 5- to 17-year-olds alleging sexual abuse in criminal trial testimonies. Five themes emerged: abuse interactions, contextual details of abuse, children's reactions to abuse, children's (delayed) disclosure, and case background details. Jurors often ask about abuse dynamics, the context surrounding abuse, and children's disclosure processes, reflecting common misconceptions about child sexual abuse (CSA), such as whether it is credible to delay disclosure or maintain contact with an alleged perpetrator. This study improves our understanding of how jurors understand and evaluate children's reports of alleged CSA, suggesting that jurors may struggle to understand children's reluctance.

The Return of the Repressed: The Persistent and Problematic Claims of Long-Forgotten Trauma

Can purely psychological trauma lead to a complete blockage of autobiographical memories? This long-standing question about the existence of repressed memories has been at the heart of one of the most heated debates in modern psychology. These so-called memory wars originated in the 1990s, and many scholars have assumed that they are over. We demonstrate that this assumption is incorrect and that the controversial issue of repressed memories is alive and well and may even be on the rise. We review converging research and data from legal cases indicating that the topic of repressed memories remains active in clinical, legal, and academic settings. We show that the belief in repressed memories occurs on a nontrivial scale (58%) and appears to have increased among clinical psychologists since the 1990s. We also demonstrate that the scientifically controversial concept of dissociative amnesia, which we argue is a substitute term for memory repression, has gained in popularity. Finally, we review work on the adverse side effects of certain psychotherapeutic techniques, some of which may be linked to the recovery of repressed memories. The memory wars have not vanished. They have continued to endure and contribute to potentially damaging consequences in clinical, legal, and academic contexts.

Boys Abused in a Community Setting: An Analysis of Gender, Relationship, and Delayed Prosecutions in Cases of Child Sexual Abuse

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.

The unusual suspects: Female versus male accused in child sexual abuse cases

When women encounter the criminal justice system, it is typically as victims rather than as offenders. Consequently, there is limited empirical research on women who have sexually offended against children, but there is a clinically-significant group of victims who have experienced female-perpetrated child sexual abuse (CSA). In a database of 4237 CSA cases that were heard in criminal courts between 1986 and 2012, we found 70 cases that involved female accused. We compared female-accused cases against a randomly selected sample of 70 male-accused cases from the same database. We investigated associations between gender of the accused and characteristics of the victim, offense, and criminal proceeding. Several important differences between female- and male-accused cases were found: proportionally more male complainants were in female-accused cases; female-accused offenses were longer in duration; and despite offenses being similarly intrusive, female perpetrators received shorter sentences. This research indicates that there are potentially unique pathways to abuse for women and men, and unique experiences in the criminal justice system. Although female perpetrators are involved in a small proportion of CSA offenses, the cases that we describe herein are important to consider when developing appropriate support and intervention programs for offenders and victims of CSA.

The Effect of Case Severity on Sentence Length in Cases of Child Sexual Assault in Canada

Surprisingly, little research exists on the determination of sentence length in cases of child sexual assault. This is striking given the profound short-term and long-term consequences this crime can have on victims and their families. Previous research shows that severity of the offense commonly accounts for much of the variability in sentences in this context. A critical point, however, is that the definition of offense severity varies widely and is often confounded with the age of the complainant. The current archival study, through the examination of 1,783 judicial sentencing decisions, evaluated the effects of key variables on length of sentence in cases of child sexual assault in Canada. Length of sentence increased as intrusiveness of the offense increased, as frequency increased, and as age decreased for children who experienced the most intrusive forms of abuse. In addition, offenders who pleaded guilty received shorter sentences than offenders who pleaded not guilty.

Factors Affecting Two Types of Memory Specificity: Particularization of Episodes and Details

Memory for repeated events is relevant to legal investigations about repeated occurrences. We investigated how two measures of specificity (number of events referred to and amount of detail reported about the events) were influenced by interviewees' age, number of experienced events, interviewer, perceived unpleasantness, and memory rehearsal. Transcribed narratives consisting of over 40.000 utterances from 95 dental patients, and the corresponding dental records, were studied. Amount of detail was measured by categorizing the utterances as generic, specific, or specific-extended. We found that the two measures were affected differently by all five factors. For instance, number of experienced events positively influenced number of referred events but had no effect on amount of detail provided about the events. We make suggestions for future research and encourage reanalysis of the present data set and reuse of the material.

Where There's Smoke, There's Fire: the Effect of Truncated Testimony on Juror Decision-making

In countries that allow child complainants of abuse to present their direct evidence via pre-recorded videotape, the recording is sometimes truncated for relevance or admissibility purposes before it is presented to the jury. In two experiments, we investigated how this practice affects mock jurors' judgments of child credibility and defendant culpability when truncation omitted the child's less plausible allegations. Mock jurors read a transcript of a 6-year-old girl making an abuse allegation against the janitor at her school. Some jurors read this allegation only (truncated version), while others also read either one or two additional - but less plausible - allegations by the same child. Contrary to what we predicted, the presence of these additional allegations did not decrease jurors' belief in the core allegation, nor did it influence their judgments about the child complainant's honesty or cognitive competence. In fact, under at least one condition, reading additional, less plausible allegations made jurors more likely to pronounce the defendant guilty of the core allegation - even when jurors did not believe the additional allegations. This finding stands in stark contrast to prior research on jurors' evaluation of adults' testimony that includes implausible details. Future research in this area will help to elucidate the conditions under which the presentation of truncated testimony may or may not influence juror decision-making. Copyright © 2016 John Wiley & Sons, Ltd.

Factors Associated with Delays of Days to Decades to Criminal Prosecutions of Child Sexual Abuse

Until the latter part of the 20th century, legal doctrines made it almost impossible to successfully prosecute in criminal court a case involving child sexual abuse (CSA), whether the complaint was timely or delayed. Many English-speaking countries have abrogated most formal legal barriers to prosecuting CSA cases, and courts are faced with the singular challenge of adjudicating sexual offenses against children that are reported to have happened years or decades earlier. We conducted analyses of 4,237 criminal complaints of CSA heard in Canadian criminal courts. There were several differences between timely and delayed prosecutions that led us to conclude that delayed prosecutions of CSA are common and due, in part, to the nature of the offense. Offense duration was associated with longer delays to prosecution. When the accused had access to the child through his position in the community, length of delay to prosecution was very long, particularly for male complainants. More research is needed on delayed CSA prosecutions, particularly given an apparent trend for jurisdictions to abolish barriers to criminal prosecutions of CSA that occurred years or decades earlier.

Social and cognitive factors associated with children's secret-keeping for a parent

This study examined children's secret-keeping for a parent and its relation to trust, theory of mind, secrecy endorsement, and executive functioning (EF). Children (N = 107) between 4 and 12 years of age participated in a procedure wherein parents broke a toy and asked children to promise secrecy. Responses to open-ended and direct questions were examined. Overall, secret-keeping increased with age and promising to keep the secret was related to fewer disclosures in open-ended questioning. Children who kept the secret in direct questioning exhibited greater trust and better parental ratings of EF than children who disclosed the secret. Findings highlight the importance of both social and cognitive factors in secret-keeping development.

Witness recall across repeated interviews in a case of repeated abuse

In this illustrative case study we examine the three forensic interviews of a girl who experienced repeated sexual abuse from ages 7 to 11. She disclosed the abuse after watching a serialized television show that contained a storyline similar to her own experience. This triggered an investigation that ended in successful prosecution of the offender. Because this case involved abuse that was repeated on a weekly basis for 4 years we thus investigated the degree to which the child's narrative reflected specific episodes or generic accounts, and both the interviewer's and child's attempts to elicit and provide, respectively, specific details across the 3 interviews collected in a 1 month period. Across the 3 interviews, the child's account was largely generic, yet on a number of occasions she provided details specific to individual incidents (episodic leads) that could have been probed further. As predicted: earlier interviews were characterized more by episodic than generic prompts and the reverse was true for the third interview; the child often responded using the same style of language (episodic or generic) as the interviewer; and open questions yielded narrative information. We discuss the importance of adopting children's words to specify occurrences, and the potential benefits of permitting generic recall in investigative interviews on children's ability to provide episodic leads. Despite the fact that the testimony was characterized by generic information about what usually happened, rather than specific episodic details about individual occurrences, this case resulted in successful prosecution.

Exploring the influence of reporting delay on criminal justice outcomes: comparing child and adult reporters of childhood sexual abuse

Delay between disclosure and reporting child sexual abuse is common and has significant implications for the prosecution of such offenses. While we might expect the relationship to be a linear one with longer delay reducing the likelihood of prosecution, the present study confirms a more complex interaction. Utilizing data from 2,079 police records in Northern Ireland, the study investigated the impact of reporting delay on pretrial criminal justice outcomes for child and adult reporters of child sexual abuse. While teenagers were found to be the group most disadvantaged by reporting delay, increased delay actually appeared advantageous for some groups, notably adult females reporting offenses that occurred when they were 0 to 6 years old. Conversely, adult males reporting child sexual abuse did not appear to benefit from increased delay, suggesting both an adult and gender bias within decision-making processes. The implications for future research are discussed.

MALTREATED CHILDREN'S ABILITY TO ESTIMATE TEMPORAL LOCATION AND NUMEROSITY OF PLACEMENT CHANGES AND COURT VISITS

Research examining children's temporal knowledge has tended to utilize brief temporal intervals and singular, neutral events, and is not readily generalizable to legal settings in which maltreated children are asked temporal questions about salient, repeated abuse that often occurred in the distant past. To understand how well maltreated children can describe temporal location and numerosity of documented, personal experiences, we assessed 167 6- to 10-year-old maltreated children's temporal memory for changes in their living arrangements and prior visits to court. Small percentages of children were capable of providing exact temporal location information (age, month, or season) regarding their first or last placement or court experience, or numerosities for placements or court visits. Greater knowledge of current temporal locations did not predict better performance. However, older children's performance for several temporal judgments was better than chance, and their reports were not largely discrepant from the truth. Findings suggest caution when questioning maltreated children about when and how many times prior events occurred.

An examination of the association between interviewer question type and story-grammar detail in child witness interviews about abuse

OBJECTIVE

This study compared the effects of open-ended versus specific questions, and various types of open-ended questions, in eliciting story-grammar detail in child abuse interviews.

METHODS

The sample included 34 police interviews with child witnesses aged 5-15 years (M age=9 years, 9 months). The interviewers' questions and their relative sub-types were classified according to definitions reported in the child interview training literature. The children's responses were classified according to the proportion of story grammar and the prevalence of individual story grammar elements as defined by Stein and Glenn (1979).

RESULTS

Open-ended questions were more effective at eliciting story grammar than specific questions. This finding was revealed across three age groups, two interview phases and irrespective of how question effectiveness was measured. However, not all types of open-ended questions were equally effective. Open-ended questions that encouraged a broad response, or asked the child to elaborate on a part of their account, elicited more story-grammar detail compared to open-ended questions that requested clarification of concepts or descriptions of the next (or another) activity or detail within a sequence.

CONCLUSIONS

This study demonstrates that children's ability to provide story-grammar detail is maximised when there is minimal prompting from the interviewer.

PRACTICAL IMPLICATIONS

Given the association between story grammar production and victim credibility, greater guidance is warranted in interviewer training programs in relation to the effects and administration of different types of open-ended questions.

Children's recall of emotionally arousing, repeated events: a review and call for further investigation

The influence, if any, of emotional arousal on memory is a controversial topic in the literature. Much of the research on memory for emotionally arousing events has focused on a few specific issues (e.g., differences in types of details recalled in emotionally arousing and neutral events; increasing ecological validity). Although gaining more recent attention, a neglected area in the literature has been memory for instances of repeated, emotionally arousing events. This issue has important implications for understanding children's ability to recall events in a forensic setting. We review existing findings on memory for emotionally arousing events in general and particularly in children, children's memory for events that occur repeatedly, and then discuss the scarce research on repeated emotionally arousing events and the need for further research in this area. We conclude that although it is clear that children are capable of accurately reporting arousing and repeated experiences, it is also apparent that circumstances both within and outside the control of investigative interviewers influence this ability.

Anxious and nonanxious children’s recall of a repeated or unique event

The current study examined 4- and 5-year-olds' memory for an event that was experienced once or was the first in a sequence of four similar events. The event was private swimming lessons for beginners that, because of natural variation in fear of water, were experienced as stressful for some children and not stressful for others. Consistent with much previous research, there was evidence that repeat-event children remembered less than did single-event children. There was some evidence for a beneficial influence of stress on resistance to suggestions. No other effects of stress were found in either the single- or repeat-event children. Implications for the debate on the influence of stress on memory and for children's testimony are discussed.