Criminal investigation of child sexual abuse: a comparison of cases referred to the prosecutor to those not referred

The importance of consistency in complainants' evidence in the decision to prosecute child sexual abuse cases

BACKGROUND

Attrition of child sexual abuse (CSA) cases occurs at different stages of investigation, and only a small proportion of the cases reported to police are referred for prosecution. Different factors have been linked with the prosecution of CSA cases; however, little is known about how prosecutors determine which cases should proceed and which should not.

OBJECTIVES

This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed.

PARTICIPANTS AND SETTING

Fifty-six Australian prosecution case files (79 complainants; 58 defendants) were reviewed. The cases included contemporaneous and historical allegations of child sexual abuse, ranging from a single incident to repeated, protracted abuse over a decade.

METHOD

Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts.

RESULTS

When a complainant was considered inconsistent in some way, giving rise to recorded concerns about their credibility or reliability, 82.3 % of these cases culminated in discontinuance or an acquittal. Conversely, 78 % of cases with complainants who were regarded as largely consistent throughout the investigation resulted in a conviction. Recorded issues with a complainant's memory of the events, cognitive capacity, and confusion about the alleged assault were not associated with case outcomes.

CONCLUSION

Most CSA cases that were referred for prosecution resulted in proceeding with charges against the defendant. Perceived issues with the consistency and credibility of the complainants' evidence were the most important decisional factors.

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.

Exploration of factors influencing court outcomes in cases involving minors as victims in Ghana

BACKGROUND

The factors that influence positive court outcomes for cases of child sexual abuse (CSA) have been studied in other contexts but very few such studies exist for Sub-Saharan countries. Knowledge of how such cases fare in these court systems is, however, important for a global assessment of such outcomes.

OBJECTIVE

The study explored the predictive effect of the victim, complainant; offender and offence characteristics, and length of the trial on case disposition and dropout.

METHODS, PARTICIPANTS AND SETTING

Three hundred and eighty-nine (389) closed court files related to child sexual abuse in Ghana were reviewed and analyzed.

RESULTS

The findings show that the number of court sittings (length of trial) and complainant characteristics predict negative outcomes for CSA cases in Ghana. Specifically, convictions were less likely to occur where caregivers were the complainants (OR = 0.45), and when there were longer court sittings (OR = 0.95). Victim, offender, and offence characteristics, however, did not influence case outcomes.

CONCLUSIONS

This study is one of the first studies using actual court data to predict the outcome of cases in CSA in Ghana, and makes recommendations for the support of children and caregivers through the court process.

Quality of Victim Statement in Child Sexual Abuse in Turkey

Child sexual abuse is the most challenging type of abuse to detect. Moreover, there are difficulties in gathering evidence, apprehending, and prosecuting the perpetrator. The trial is often based on the contradiction of the suspect's and the child's statements. The aim of this study is to identify the difficulties encountered during the entire trial in cases of sexual assault against the child in Turkey starting from the investigation phase, to determine the auditability of taking a child's statement, which is the basis of the judicial decision, and to evaluate the effectiveness of the principles set by the Supreme Court, which oversees the local court decision. It was determined that the trial was continued on abstract allegations, the Supreme Court's approval of the decision of the local court was based on "the slander of a person who wants to harm another person over the sexuality of a minor is contrary to the usual flow of life." Furthermore, the reason wassuggestive of subjective interpretations rather than material truths. This study, which is a master's thesis, has been submitted to the Turkish Ministry of Justice.

Predictors of Prosecutorial Decisions in Reports of Child Sexual Abuse

A retrospective examination of 500 child sexual abuse reports to prosecutor's offices analyzed case progress and predictors of attrition, including details about alleged perpetrator(s), victim(s), their families, and other case characteristics. Less than one in five cases proceeded to prosecution. For the full sample, we describe all outcomes and differentiate prosecutors' decisions to (a) intake/close, (b) investigate/close, or (c) prosecute; these stages comprise a 3-level dependent variable. Because it is important to understand which variables are associated with progress to each stage, we examined unique predictors of the decision to "investigate," and to "prosecute." Our multivariate analyses examine 325 cases with a perpetrator aged 16 and older. Caregiver support and perpetrator age were significant predictors across all outcome variables, while other factors were barriers to the "prosecute" decision only. Results highlight the complexities of case characteristics that are important at different stages of prosecutorial decision-making and inform future interventions.

Understanding expert testimony on child sexual abuse denial after New Jersey v. J.L.G.: Ground truth, disclosure suspicion bias, and disclosure substantiation bias

The New Jersey Supreme Court held in New Jersey v. J.L.G. (2018) that experts can no longer explain to juries why sexually abused children might deny abuse. The court was influenced by expert testimony that "methodologically superior" studies find lower rates of denial. Examining the studies in detail, we argue that the expert testimony was flawed due to three problems with using child disclosure studies to estimate the likelihood that abused children are reluctant to disclose abuse: the ground truth problem, disclosure suspicion bias, and disclosure substantiation bias. Research identifying groups of children whose abuse can be proven without reliance on disclosure reveals that denial of sexual abuse is common among abused children.

Fourteen-Year Trends in the Criminal Justice Response to Child Sexual Abuse Reports in New South Wales

This study of attrition compares the prosecution of child sexual offenses reported while the complainant was still a child with those in which the report was delayed into adulthood; it also compares matters involving adult and young (under 18 years) suspects/defendants. It is based on an analysis of police and court administrative data in New South Wales, Australia over a 14-year period (2003-2016). Only one in five (21.6%) proceeded beyond the investigation stage. Criminal proceedings were more likely to commence when the alleged victim was 7-12 years old at the time of the incident, when the suspect was an adult and at least 10 years older than the victim, and also when the report to police was made when the victim was an adult. Just over half (55.5%) of the matters finalized in court resulted in a conviction. Cases in the higher courts were less likely to be dismissed and more likely to feature guilty pleas and convictions at trial than cases in the lower courts. The overall estimate is that only 12% of offenses reported to police resulted in a conviction, at a relatively stable rate over 14 years. These findings are consistent with those of comparable studies.

A meta-analysis of the prevalence of child sexual abuse disclosure in forensic settings

BACKGROUND

Identification, substantiation, prosecution, and treatment of child sexual abuse often rely heavily on a disclosure from the victim in the absence of corroborating evidence. For some, disclosure can be impeded by developmental or motivational barriers, thus compromising child safety and wellbeing. The literature on disclosure prevalence and mitigating influences does not yield a coherent picture. A more accurate estimate will help to inform investigation strategies to facilitate disclosure.

OBJECTIVE

This study provides a meta-analysis of available research examining the prevalence of sexual abuse disclosure in forensic interviews with children under 18 years, and examines a range of factors that may influence the likelihood of disclosure.

METHOD

Databases were searched for published and unpublished studies up to May 2017. In total, 2393 abstracts were assessed for eligibility, 216 full-text articles were reviewed, and 45 samples (with 31,225 participants) provided estimates of effect sizes.

RESULTS

The mean prevalence of child sexual abuse disclosure in forensic settings was 64.1% (95% CI: 60.0-68.1). Between-study variability was explained by: (1) child age and gender, with higher prevalence in older children and females; (2) prior disclosure, with higher prevalence when present; and (3) study year, with higher prevalence in more recent studies.

CONCLUSIONS

This meta-analysis confirms an upward trend in child sexual abuse disclosure prevalence. However, more than a third of children do not disclose when interviewed, with those who are younger, male, and without a prior disclosure at greatest risk. Important implications for forensic interviewing protocols and future research are discussed.

Minimizing Mistreatment by Female Adults: The Influence of Gender-Based Social Categories and Personality Differences on Attitudes about Child Sexual Abuse

We investigated the effects of gender-based social categories (i.e., men, women, boys, and girls) on attitudes about child sexual abuse and individual differences in the use of such categories. In four experiments, we systematically varied perpetrators' sex and victims' sex. In three investigations, we assessed personality variables potentially related to participants' use of these social categories. Across these four experiments, we varied perpetrator-victim relationships (teacher-student, neighbors) and victims' ages. In experiment one, individuals had the least negative attitude about child sexual abuse involving adult female neighbors and eighth grade male neighbors. In experiment two, we replicated this effect with fifth grade victims and demonstrated that attitudes were moderated by individual differences in intolerance of ambiguity. In experiment three, we again replicated the aforementioned effect while (a) extending this finding to teacher-student relationships with eighth grade adolescent victims and (b) demonstrating the need for cognition was a moderator. In experiment four, we again replicated (a) our perpetrator sex/victim sex interactive effect and (b) need for cognition moderation while also demonstrating that these effects were applicable to fifth grade victims. Methodological limitations as well as clinical and policy implications (e.g., attenuating the underreporting incidents of child sexual abuse) are discussed.

Legal decision-making in child sexual abuse investigations: A mixed-methods study of factors that influence prosecution

Prosecution of child sexual abuse cases is an important aspect of a community's response for holding perpetrators accountable and protecting children. Differences in charging rates across jurisdictions may reflect considerations made in prosecutors' decision-making process. This mixed-methods, multiphase study used data from a Children's Advocacy Center in a suburban county in the Southern United States to explore the factors associated with child sexual abuse cases that are accepted for prosecution and the process followed by prosecutors. Data were sequentially linked in three phases (qualitative-quantitative-qualitative), incorporating 1) prosecutor perceptions about what case characteristics affect charging potential, 2) 100 case records and forensic interviews, and 3) in-depth reviews of cases prosecuted. Content analysis was used to identify influential case elements, logistic regression modeling was used to determine factors associated with a decision to prosecute, and framework analysis was used to further confirm and expand upon case factors. Overall, findings indicate that prosecution is most strongly predicted by caregiver support and the availability of other evidence. The decision to prosecute was found to include a process of ongoing evaluation of the evidence and determination of a balanced approach to justice. The decision to prosecute a case can be influenced by strong and supportive investigative practices. An important implication is that interaction among multidisciplinary professionals promotes communication and efforts, further enhancing discretion about potential legal actions.

Female Sex Offenders: Public Awareness and Attributions

Traditional gender roles, sex scripts, and the way female sex offenders are portrayed in the media may lead to misconceptions about who can commit sexual offenses. Sexual crimes by women may go unnoticed or unreported if there is a general lack of awareness that females commit these crimes. Data from the 2012 Nebraska Annual Social Indicators Survey were used to determine whether the public perceives women as capable sex offenders and the perceived causes of female sex offending. The traditional focus on male sex offenders by researchers, media, and politicians, in addition to gender stereotypes, introduces the possibility of group differences (e.g., between men and women) in perceptions of female sex offenders. Consequently, two secondary analyses were conducted that tested for group differences in both the public's perception of whether females can commit sex offenses and the explanations selected for why females sexually offend. The findings suggest that the public does perceive women as capable sex offenders, although there were group differences in the causal attributions for female sex offending.

Evidence Summarized in Attorneys' Closing Arguments Predicts Acquittals in Criminal Trials of Child Sexual Abuse

Evidence summarized in attorney's closing arguments of criminal child sexual abuse cases (N = 189) was coded to predict acquittal rates. Ten variables were significant bivariate predictors; five variables significant at p < .01 were entered into a multivariate model. Cases were likely to result in an acquittal when the defendant was not charged with force, the child maintained contact with the defendant after the abuse occurred, or the defense presented a hearsay witness regarding the victim's statements, a witness regarding the victim's character, or a witness regarding another witnesses' character (usually the mother). The findings suggest that jurors might believe that child molestation is akin to a stereotype of violent rape and that they may be swayed by defense challenges to the victim's credibility and the credibility of those close to the victim.

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.

Multiple Forensic Interviews During Investigations of Child Sexual Abuse: A Cost-Effectiveness Analysis

In cases of suspected child sexual abuse (CSA) some professionals routinely recommend multiple interviews by the same interviewer because any additional details provided might improve decision-making and increase perpetrator convictions. We analyzed alternative policies about child interviewing to estimate the probability that a policy of all children receiving multiple interviews will increase criminal convictions and better protect children. Using decision analysis, we prepared a decision tree reflecting the structure through which a case of possible CSA passes through the health care, welfare, and legal systems with an estimated probability of conviction of the offender. We reviewed the CSA disclosure, criminal justice, and child welfare literature to obtain estimates for the median and range of rates for the steps of disclosure, substantiation, criminal charges, and conviction. Using the R statistical package, our decision analysis model was populated using literature-based estimates. Once the model was populated, we simulated the experiences of 1,000 cases at 250 sets of plausible parameter values representing different hypothetical communities. Multiple interviews increase the likelihood that an offender will be convicted by 6.1% in the average community. Simulations indicate that a policy in which all children seen for a CSA medical evaluation receive multiple interviews would cost an additional $100,000 for each additional conviction. We estimate that approximately 17 additional children would need to be interviewed on more than one occasion to yield one additional conviction. A policy of multiple interviews has implications for the children, for the costs of care, for protecting other children, and for the risk of false prosecution.

Attitudes among judiciary and junior clerks toward the survivors of childhood sexual abuse

Childhood sexual abuse is a growing concern throughout the world, although the legal sequelae of this phenomenon are frequently neglected. We aimed to reveal and compare the attitudes of judiciary and junior clerks toward sexually abused children that might contribute to these sequelae. We divided 302 study participants into two groups of judiciary members and junior clerks. All the participants were asked to anonymously complete a questionnaire about stigmatization, including questions assessing social distance, dangerousness and skillfulness. In their responses, 51.2% of the judiciary and 64.0% of the junior clerks displayed a negative attitude toward "asking a childhood sexual abuse (CSA) survivor to supervise their child for few hours" (p=0.029). When asked "What would you think if your child wanted to marry a CSA survivor?" 76.5% of the judiciary and 84.1% of the junior clerks were opposed to the idea (p=0.095). Interestingly, significantly more judiciary than junior clerks believed that a "CSA survivor can control his/her rage" (p=0.001), and significantly more of the junior clerks did not believe that "CSA survivors do not behave impulsively" (p=0.034). Both groups of legal professionals in this study appear to distance themselves from or have negative thoughts about CSA survivors, particularly when the issue involves their own children and/or social situations. Along with other factors, these negative assumptions might also contribute to lower prosecution rates and retestifying procedures.

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.

Differences in legal outcomes for male and female children who have been sexually abused

The goal of the present study was to determine whether or not there were sex differences in legal outcomes for children who were sexually abused. Using the methodology of Joa and Edelson (2004), the results indicated that males who were sexually abused had poorer legal outcomes than females. Specifically, it was found that cases involving male victims were less likely to be filed with the District Attorney (DA) than cases involving female victims and had fewer criminal counts charged. For those children seen at a Child Abuse Assessment Center, cases involving female victims were significantly more likely to be filed by the DA's office than were cases involving male victims. Finally, there were differences in whether guilty defendants pled guilty or were found guilty at trial depending on whether the defendant sexually abused a male or female. The implications of the findings are discussed.

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.

A comparative study of the prosecution of childhood sexual abuse cases: the contributory role of pediatric Forensic Nurse Examiner (FNE) programs

This study used a rigorous quasiexperimental design to compare prosecution outcomes for childhood sexual abuse (CSA) cases examined in a pediatric Forensic Nurse Examiner (FNE) program (the "intervention group") (n= 95) to a comparison sample of CSA cases examined by non-FNE medical professionals prior to the inception of the FNE program (the "comparison group") (n= 54). The types of cases in the intervention and comparison groups were different such that the FNE program had significantly more cases with younger victims where it was unknown or ambiguous whether they had penetration and/or fondling. Multivariate logit modeling was used to explore what factors predict legal case outcomes. Prosecution rates were significantly higher in the FNE group as opposed to the comparison group. In addition, cases with older victims who sustained penetration were the most likely to be prosecuted. Implications for forensic nursing practice are discussed.

The contribution of children's advocacy centers to felony prosecutions of child sexual abuse

OBJECTIVE

To describe trends of felony sexual abuse prosecutions between 1992 and 2002 for two districts of a large urban city that differed primarily in their use of children's advocacy centers (CACs) for sexual abuse evaluations in children.

METHODS

Aggregate data for two districts of a large urban city were provided from 1992 to 2002 from the district attorney's office, child protective services (CPS) agency, and all CACs serving both districts. Summary statistics were calculated over time and compared between both districts for ecologic trends using negative binomial regression.

RESULTS

Over the time period of the study, substantiated reports of child sexual abuse declined: District 1 experienced a 59% decrease in the incidence of reports, while District 2 experienced a 49% decrease in the incidence of reports. Despite this decrease, felony prosecutions of child sexual abuse increased in District 1 (from 56.6 to 93.0 prosecutions/100,000 children, rate ratio 1.64, 95% CI 1.38-1.95), but did not significantly increase in District 2 (from 58.0 to 54.9 prosecutions/100,000 children, rate ratio 0.94, 95% CI 0.73-1.23); by 2002, the rate of felony prosecutions in District 1 was 69% greater (95% CI 37-109%) than the rate in District 2. In 1992, CACs in District 1 evaluated approximately 400 children, increasing to 1,187 children by 2002. The number of children evaluated by CACs in District 2 increased modestly from nearly 800 in 1992 to 1,000 in 2002.

CONCLUSION

Felony prosecutions of child sexual abuse doubled in a district where the use of CACs nearly tripled, while no increase in felony prosecutions of child sexual abuse was found in a neighboring district, where the use of CACs remained fairly constant over time.

PRACTICE IMPLICATIONS

Though many limitations exist when bringing together ecological data from different agencies, the strength of the association we observed between increased CAC use and increased felony prosecutions, and the stepwise fashion in which it occurred should support future research to confirm our findings and to delineate which attributes of CAC performance might impact the likelihood of prosecution of child sexual abuse.

Truth induction in young maltreated children: the effects of oath-taking and reassurance on true and false disclosures

OBJECTIVE

Two studies examined the effects of the oath or reassurance ("truth induction") on 5- to 7-year-old maltreated children's true and false reports of a minor transgression.

METHODS

In both studies an interviewer elicited a promise to tell the truth, reassured children that they would not get in trouble for disclosing the transgression, or gave no instructions before questioning the child. In Study 1, children were encouraged to play with an attractive toy by a confederate, who then informed them that they might get in trouble for playing. In Study 2, a confederate engaged children in play, but did not play with the attractive toy.

RESULTS

In Study 1, the oath and reassurance increased disclosure among children who would qualify as competent to take the oath. In Study 2 neither the oath nor reassurance increased false reports among children who would qualify as competent, whether yes/no questions or tag questions were asked. Among non-competent children, reassurance (but not the oath) increased false reports. Children were more likely to accuse the confederate of the transgression than to implicate themselves.

CONCLUSIONS

The results suggest that a promise to tell the truth may increase true disclosures without increasing false allegations. Reassurance that specifically mentions the target activity also increases true disclosures, but may increase acquiescence among some children.

PRACTICE IMPLICATIONS

A child-friendly version of the oath may be a useful addition to child interviews.

How long to prosecute child sexual abuse for a community using a Children's Advocacy Center and two comparison communities?

This article explores the length of time between key events in the criminal prosecution of child sexual abuse cases (charging decision, case resolution process, and total case-processing time), which previous research suggests is related to victims' recovery. The sample included 160 cases in three communities served by the Dallas County District Attorney. Most cases (69%) took at least 60 days for the charging decision, with cases investigated at the Children's Advocacy Center having a quicker time than either comparison community. Only 20% of cases had a case resolution time within the 180-day target suggested by the American Bar Association standard for felonies. Controlling for case characteristics, one of the three communities and cases with an initial arrest had a significantly quicker case resolution time. Total case processing generally took more than 2 years. Implications include the need to better monitor and shorten case resolution time.

Exploring the disclosure of child sexual abuse with alleged victims and their parents

OBJECTIVE

The goal of the present study was to examine how children disclosed sexual abuse by alleged perpetrators who were not family members.

METHODOLOGY

Thirty alleged victims of sexual abuse and their parents were interviewed. The children were interviewed using the NICHD Investigative Interview Protocol by six experienced youth investigators. The same principles were followed when the parents were asked to describe in detail what had happened since the abusive incidents. The statements made by the children and parents were then content analyzed. Major characteristics of the children's and parents' reported behaviors were identified by two independent raters.

FINDINGS

More than half (53%) of the children delayed disclosure for between 1 week and 2 years, fewer than half first disclosed to their parents, and over 40% did not disclose spontaneously but did so only after they were prompted; 50% of the children reported feeling afraid or ashamed of their parents' responses, and their parents indeed tended to blame the children or act angrily. The disclosure process varied depending on the children's ages, the severity and frequency of abuse, the parents' expected reactions, the suspects' identities, and the strategies they had used to foster secrecy.

CONCLUSIONS

The children's willingness to disclose abuse to their parents promptly and spontaneously decreased when they expected negative reactions, especially when the abuse was more serious. A strong correlation between predicted and actual parental reactions suggested that the children anticipated their parents' likely reactions very well.

Can the punishment fit the crime when suspects confess child sexual abuse?

OBJECTIVE

To determine significant predictors of severity of sentencing of sex offenders of minors in a jurisdiction which obtains many confessions.

METHOD

Data were abstracted from 323 criminal court case records of sexually abused minors over 11 years in a county which places a high priority on sexual abuse prosecution. The sample used in this analysis consisted of 218 men who received a sentence for a sex offense. Multiple regression analysis was used to examine what factors predicted severity of sentences. Specifically this study explores whether, in a county which is very successful in obtaining confessions to sexual abuse of children, the severity of sentence is explained by the seriousness of the crime (more severe type of sexual abuse, younger age of the victim, prior conviction of a sex offense, and abusing more than one child), or by factors unrelated to the seriousness of the offense, offender confession and/or having a court-appointed attorney.

RESULTS

Factors that predicted the severity of the sentence were the seriousness of the sex crime, prior conviction of a sex crime, and young age of the victim.

CONCLUSIONS

This community, with a high confession rate and a high conviction rate, imposed sentences that were consistent with the crimes, with more severe sentences for more serious crimes. Convenience factors, such as the fact the offender confessed, and systemic factors, such as having a court-appointed attorney, did not result in more severe sentences.

Child protection and justice systems processing of serious child abuse and neglect cases

OBJECTIVE

The aim of this study was to examine the trajectory of cases through four systems: child protection, law enforcement, the dependency courts, and the criminal courts.

METHOD

This study focused on a county selected from a 41-county telephone survey conducted for the National Incidence Study of Child Abuse and Neglect (NIS-3). For this analysis prospective samples were drawn from law enforcement (n=225) and the county child protection (CPS) agency (n=225) and followed through in-depth case tracking across all agencies and through both the dependency and criminal court systems.

RESULTS

The percentage of CPS cases opened in dependency court was similar to prior studies (29%), but the acceptance and prosecution rates were much higher--92% of the cases referred from CPS, including many cases of physical abuse. Compared to referrals from CPS to law enforcement (93%), few cases were referred from law enforcement to CPS (17%). Anecdotally, case referral patterns appeared to be influenced by communication patterns and mutual positive regard, regardless of the collaborative protocols in place. One of the most instructive findings was the degree of difficulty in tracking cases across organizations and the types of obstacles that impeded success. Disorganization was not an issue, rather internal structures set up to facilitate intra-organizational processing were the same structures that actually impeded cross-organizational case finding.

CONCLUSIONS

It is not sufficient to rely on the existence of multi-disciplinary teams or Child Advocacy Centers to ensure collaboration. More attention to daily tasks and activities as well as the nature and quality of communication is warranted. On the technical side, use of common case identifiers on cases that are cross-referred is strongly recommended. Future studies should broaden the scope of inquiry to include the consequences of all case trajectories, rather than solely focusing on the justice system.

Trends in children's disclosure of abuse in Israel: a national study

OBJECTIVE

To identify characteristics of suspected child abuse victims that are associated with disclosure and nondisclosure during formal investigations.

METHODOLOGY

The database included all suspected cases of physical and sexual abuse investigated in the state of Israel between 1998 and 2002. All investigative interviews were conducted using a single standardized protocol, the National Institute of Child Health and Human Development (NICHD) Investigative Interview Protocol.

FINDINGS

Overall, 65% of the 26,446 children made allegations when interviewed, but rates of disclosure were greater in the case of sexual (71%) than physical (61%) abuse. Children of all ages were less likely to disclose/allege abuse when a parent was the suspected perpetrator. Rates of disclosure/allegation increased as children grew older, with 50% of the 3- to 6-year-olds, 67% of the 7- to 10-year-olds, and 74% of the 11- to 14-year-olds disclosing abuse when questioned.

CONCLUSIONS

Although most interviews of suspected victims yielded allegations, such rates of disclosure varied systematically depending on the nature of the alleged offences, the relationship between alleged victims and suspected perpetrators, and the age of the suspected victims. The findings obtained in this large and unselected data set confirm patterns previously reported in smaller and quite selective samples, most of them obtained in the United States.

Nonforcible Internet-related sex crimes with adolescent victims: prosecution issues and outcomes

Law enforcement officials and the public are said to hold the stereotype that it is difficult to prosecute cases involving nonforcible sex crimes with willing adolescent victims. The authors examine prosecution outcomes in nonforcible Internet-related sex crimes with adolescent victims and extra-familial adult defendants. Data are from a national sample of law enforcement officers and prosecutors (N = 77). Most (91%) of the defendants are convicted, usually via a guilty plea (77%). Results show that even when victim cooperation is lacking or victims willingly engage in sexual activity, defendants are convicted. A small group of defendants are not convicted, and certain conditions appear to contribute to this, including victims' untruthfulness, defendants giving victims illegal drugs or alcohol, and lack of a confession from the defendant. Most defendants, however, are sentenced to incarceration and required to register as sex offenders. The findings show promise for holding defendants accountable for this type of crime.

Legal outcomes for children who have been sexually abused: the impact of child abuse assessment center evaluations

Fifty children who were seen at a Child Abuse Assessment Center (CAAC) were matched on age and relationship to perpetrator with 51 children not evaluated at a CAAC to determine whether the groups differed in legal outcomes in cases of sexual abuse. CAAC children were significantly more likely to have cases filed rather than no-actioned, to have more overall counts charged in filed cases, to have more counts charged against biological fathers and stepfathers who were alleged perpetrators, and to have a greater number of defendants pleading or being found guilty compared to cases involving children not seen at the CAAC. There were also significantly more cases filed for 4- to 6-year-olds and children at least 12 years old if they were seen at the CAAC. The implications of the results are discussed in light of the use of CAACs.

Prosecution of child abuse: a meta-analysis of rates of criminal justice decisions

This study meta-analyzed rates of criminal justice decisions in 21 studies of prosecution of child abuse. Rates of referral to prosecution, filing charges, and incarceration varied considerably. Rates of carrying cases forward without dismissal were consistently 72% or greater. For cases carried forward, plea rates averaged 82% and conviction rates 94%. Compared to national data, child abuse was less likely to lead to filing charges and incarceration than most other felonies but more likely to be carried forward without dismissal. Diversion, guilty plea, and trial and conviction rates were about the same for child abuse and all violent crimes. Thus, prosecuting child abuse is generally neither feckless nor reckless. Rates can be misleading and cannot be the sole measure of prosecution success.

Delayed disclosure and disrupted communication during forensic investigation of child sexual abuse: a study of 47 corroborated cases

AIM

To study factors of relevance for the understanding of disclosure of child sexual abuse.

METHODS

Cases from a Swedish district court involving 47 children in which allegations of child sexual abuse had been corroborated by a confession from the defendant were studied.

RESULTS

Delayed disclosure was related to a close relationship with the perpetrator and young age at the first experience of abuse. Disrupted communication during the police interview was related to less violent abuse.

CONCLUSION

The findings highlight the importance of social factors in children's disclosure of sexual abuse.