Confession of Law? A Critical Perspective on Production of Child Subject in Hong Kong Law Controlling Child Sexual Abuse

Child protection has been one of the main concerns of Hong Kong Law in twenty-first Century. However, the definition of child and the related presumptions have never been meticulously investigated critically challenged. In the article, I employ the Deleuzean perspective in questioning the structure underlying the formation and production of the concept ‘child’ in law. I will then propose a reform strategy that can avoid certain problems created by the concept while providing more effective protection to the powerless. I will also examine the feasibility of the strategy in Hong Kong.     

Effects of Defendant Sexual Orientation on Jurors’ Perceptions of Child Sexual Assault

We examined mock jurors’ reactions to a sexual abuse case involving a male teacher and a 10-year-old child. Because gay men are sometimes stereotyped as child molesters, we portrayed defendant sexual orientation as either gay or straight and the victim as either a boy or girl. Jurors made more pro-prosecution decisions in cases involving a gay versus straight defendant, particularly when the victim was a boy. In boy-victim cases, jurors’ emotional feelings of moral outrage toward the defendant mediated these effects. On average, women jurors were more pro-prosecution than were men. Results have implications for understanding social perceptions of cross- and same-gender child sexual abuse and juror decision making in child sexual assault cases perpetrated by homosexual and heterosexual men.

Characteristic Features of Severe Child Physical Abuse—A Multi-informant Approach

Minor child physical abuse has decreased in Sweden since 1979, when a law banning corporal punishment of children was passed, but more serious forms have not decreased. The aim of this study was to examine risk and background factors in cases of severe child abuse reported to the police. Files from different agencies (e.g., Social services, Adult and Child psychiatry and Pediatric clinic) for 20 children and 34 caretakers were studied. An accumulation of risk factors was found. It is concluded that when the following four factors are present, there is a risk for severe child abuse: 1) a person with a tendency to use violence in conflict situations; 2) a strong level of stress on the perpetrator and the family; 3) an insufficient social network that does not manage to protect the child; 4) a child that does not manage to protect him or herself. Thus, multiple sources of information must be used when investigating child abuse.     

When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

Do Standards of Proof Affect Decision Making in Child Protection Investigations?

Every state investigates child maltreatment reports. Some states use a lower standard of proof of some credible evidence (or similar terms) to substantiate cases after investigation. Other state legislatures prescribe a higher standard of preponderance of the evidence. Legislatures use these terms of art as a matter of policy to control the risk of false-positive errors. A lower rate of substantiation should follow from a higher standard of proof. There was no statistically significant difference in the percent of substantiated and the percent of unsubstantiated cases in the two groups of states. If state policy to reduce the false-positive error rate is to be effective, something more is required than simply manipulating the verbal formula in legislation.     

The Relation of Harsh and Permissive Discipline with Child Disruptive Behaviors: Does Child Gender Make a Difference in an At-Risk Sample?

The role of parenting in child disruptive behaviors has received substantial support; however, the findings as to differential effects of specific parenting behaviors (e.g., discipline) on boys’ and girls’ disruptive behavior problems have not been consistent. The current study examined the individual, unique, and interactive relation of two types of ineffective discipline (i.e., harsh & permissive) with child disruptive behavior for at-risk boys and girls separately. Participants were 160 parents with 3- to 6-year-old at-risk children (47.5% girls). Findings revealed that higher levels of harsh discipline were related to more intense disruptive behavior of both boys and girls, whereas higher levels of permissive discipline were related to more intense disruptive behavior of only boys. Additionally, results indicated that harsh and permissive discipline did not interact to predict child disruptive behavior problems. Clinical implications and directions for future research are discussed.     

Assessing a Child’s Experience of Multiple Maltreatment Types: Some Unfinished Business

Available research indicates that maltreated children frequently experience multiple types of maltreatment, although relatively few studies examine this issue directly. Review of existing studies also shows that, when investigated, maltreatment types are often correlated. However, from study to study the strength of associations among maltreatment types varies considerably, apparently due to methodological differences, such as differences in operational definitions of the maltreatment types, composition of samples and/or method of scaling used. Failure to account for overlap among maltreatment types can result in a misleading picture of a child’s trauma history. This in turn can lead to an inaccurate evaluation of the relationship between a child’s victimization experiences and later developmental outcomes. The wide variation in correlations among the maltreatment types from study to study raises questions about the validity of the different operational definitions used. Improving the construct validity of the maltreatment type measures is proposed as the means to obtaining more consistent results. Steps by which to achieve this objective are outlined. This project (1 RO1 HD049767-01A2) is co-funded by the National Institute of Child Health and Human Development (NICHD) and the Office of Behavioral and Social Sciences Research (OBSSR). The authors wish to thank M. Jean Russo for reviewing a draft of this paper.     

Parent–Child Discordance and Child Trauma Symptomatology Throughout Therapy: Correlates and Treatment Response

Children and their caregivers often disagree when reporting on child behavioural and emotional difficulties. But how does parent–child discordance relate to outcomes, particularly among children undergoing trauma therapy? This study examined parent–child discordance in relation to children’s trauma symptoms and therapy outcomes. Participants included 96 trauma-exposed children and their caregivers, who received Trauma-Focused Cognitive Behavioural Therapy. Discordance was calculated using absolute difference scores between child- and parent- reported psychological symptoms. Parent–child discordance, calculated at pre-therapy, post-therapy, and at a six-month follow-up, predicted the severity of children’s posttraumatic stress, dissociation, and internalizing and externalizing difficulties at each respective time-point. Pre-therapy discordance predicted improvements in externalizing behaviours after therapy and at follow-up. Improvements in discordance predicted improvements in trauma-specific symptoms over the course of treatment and at follow-up. The findings underscore how changes in parent–child discordance are related to child trauma symptoms and treatment response. Clinical implications and future directions are discussed.     

When Does Quality Count?: Perceptions of Hearsay Testimony About Child Sexual Abuse Interviews

This study assessed how the quality of a sexual abuse investigative interview with a child and the age of the child influence jurors reactions to either the original interview with the child or to testimony by an adult hearsay witness (the interviewer). Participants (N = 360) were randomly assigned to 1 of 12 conditions in a 2 (type of testimony:hearsay testimony vs. child interview) × (interview quality: poor, typical, or good) × (age of the child: 4 years old vs. 10 years old) factorial design. Participants reached individual verdicts, answered a series of questions, and then deliberated in a group with five other participants. As predicted, jurors in the child interview conditions were more likely to find the defendant guilty if they read the good interview than if they read either the poor or the typical interview, but in the hearsay conditions verdicts did not significantly differ by interview quality. These findings suggest that there is a significant loss of information when the testimony of a hearsay witness is used in place of the actual interview with the child, and call into question the appropriateness of admitting hearsay testimony by interviewers.     

A Preliminary Evaluation of the Spanish Parent–Child Aggression Acceptability Movie Task in Spain

The current study presents a preliminary evaluation of a Spanish adaptation of an implicit analog procedure, the Parent–child Aggression Acceptability Movie task (Spanish Parent-CAAM). Based on Social Information Processing theory, Spanish Parent-CAAM scores were expected to relate to self-reported PCA attitudes, negative child attributions, and child abuse risk in Spanish students; 245 undergraduates in Spain completed the Spanish Parent-CAAM along with self-report measures of PCA attitudes, negative children attributions, inclination to punish misbehavior, and child abuse risk. Findings indicate Spanish Parent-CAAM scores were significantly related to explicit measures of PCA, attributions of intentional child misbehavior, propensity to punish such misbehavior, and increased child abuse potential. Results are considered within the cultural context of Spain’s corporal punishment ban and PCA attitudes.     

Keeping Families Together: The Importance of Maintaining Mother–Child Contact for Incarcerated Women

Increases in the population of incarcerated women in the United States have resulted in the separation of growing numbers of mothers and children. The negative effects of dividing families have been noted for both the mothers and the children. The current research examines efforts at keeping imprisoned mothers and children connected through a visitation program. Through one-on-one interviews, the women prisoners share their perspectives about how their children are coping with the separation, their concerns for their children, their views of their roles as mothers, and their needs for after release. The women interviewed include participants in a specialized mother– child visitation program and a comparison group of mothers not in the program. The author suggests that keeping mothers and children connected may produce positive behavioral and emotional outcomes for both the mothers and their children that may reduce correctional costs and increase community safety.     

Mother Abuse: A Matter of Youth Justice,Child Welfare or Domestic Violence?

International evidence suggests that in advanced welfare states the abuse of parents, most particularly mothers, by their (most frequently male) adolescent children is increasingly prevalent. In the United Kingdom, however, child‐to‐mother abuse remains one of the most under‐acknowledged and under‐researched forms of family violence. Although it is an issue shrouded in silence, stigma, and shame, the authors' work in the youth justice sphere, focusing on interventions to deal with anti‐social behaviour, suggests that adolescent violence toward mothers is a topical and prevalent issue. We identify different ways of conceptualizing it in the policy realms of youth justice, child welfare, and domestic violence. The behaviour of both child/young person and mother is constructed in ways which inform the assignment of blame and responsibility. The paper highlights the silence that surrounds the issue in both the policy and wider academic spheres, hiding the failure of service providers to respond to this very destructive form of intimate interpersonal violence.     

Mother–Child Contact during Incarceration: A Study Based on a National Survey of Women Prisoners

Based on quantitative data from a national survey of female inmates in Norway, the present article describes the self-reported frequency and type of mother–child contact before and during imprisonment and investigates to what extent this is influenced by mothers’ sociodemographic background as well as their drug abuse and previous criminal history. A total of 141 female inmates participated in the study, representing 75% of the total female inmate population. The findings indicated that 6 in 10 female inmates had children, most of them minors. Half of the mothers had an immigrant background. The mothers presented with serious problems in several welfare domains. Multivariate logistic regression analysis indicated that preimprisonment contact remained an important contributor to mother–child contact during imprisonment after the other variables included in the study were controlled.     

The Consequences of Social Inequality for the Health and Development of India’s Children: The Case of Caste,Sanitation, and Child Height

Social Justice Research - The links among social inequality, economic inequality, and health have long been of interest to social scientists, but causal links are difficult to investigate...     

Child–Parent Violence: An Empirical Analysis of Offender, Victim, and Event Characteristics in a National Sample of Reported Incidents

Child–parent violence (CPV) is arguably the most under-researched form of family violence, despite an extremely high rate of occurrence and increasing prevalence. Prior research has been plagued by shortcomings including, but not limited to, a reliance on small clinical samples, age parameter restrictions, antiquated data, undefined parental relationships, and conflicting findings across studies. The current research examined a large cross-national sample of reported offenders (n = 17,957), collected as part of the 2002 National Incident Based Reporting System (NIBRS). Extrapolated from past literature, victim and offender demographics and incident characteristics are analyzed using chi-square tests and logistic regression to establish baseline findings from a more comprehensive sample of data than previously existed. Aggregate results suggest, in part, that white biological mothers older than 40 years of age are most likely to be victimized by their male children 14–17 years of age. Further, a majority of assaults involve personal weapons and tend to result in minor injury or no injury with very few offenders under the influence of alcohol or drugs. This work both corroborates and contrasts past finding of CPV research providing new insights into this complex crime and the baseline data needed to inform theory and test hypotheses.

Worsening Child Outcomes? Caregiver Imprisonment and Its Impact on Child Poverty,Health, Well-being and Education in Uganda

European Journal on Criminal Policy and Research - Increasingly, research investigates how the imprisonment of those with child care responsibilities may affect children and their outcomes....     

Parent–Child Interaction Therapy with Domestic Violence Populations

Domestic violence continues to be a significant social problem impacting our society. Battered women and their children experience a myriad of negative consequences as a result of domestic violence. Of the possible negative sequelae that mothers and children experience, the disrupted parent–child relationship has received relatively little attention in the literature. Though psychosocial interventions are available to treat women who experience violence and children who witness violence, few interventions focus on the parent–child relationship. This article describes parent–child interaction therapy (PCIT), a relationship-based intervention. Although not initially developed to treat domestic violence, PCIT has unique characteristics that make it a promising intervention with this population. A rationale for the use of PCIT with battered women and their children is presented.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.