The impact of protective shields and videotape testimony on conviction rates in a simulated trial of child sexual abuse

In Experiment 1 mock jurors watched a videotape simulation of a sexual abuse trial that included a 10-year-old child witness testifying in one of three different modalities: (1) The child testified in court while directly confronting the defendant (open court condition). (2) The child testified in court with a protective shield placed between the child and the defendant (shield condition). (3) The child testified outside the courtroom and the child's testimony was presented to the jury and the defendant on a video monitor (video condition). The mock jurors judged the guilt of the defendant after watching the entire trial. The modality of the child's testimony had no impact on conviction rates. In Experiment 2 subjects watched the same trial that was used in Experiment 1. The trial was stopped immediately after the child testified (the child was the first witness to take the stand), and subjects judged the guilt of the defendant. The modality of the child's testimony had a significant impact on conviction rates. Subjects in the open court condition were more likely to convict the defendant than subjects in the shield and videotape conditions. These findings are relevant to Supreme Court decisions regarding the use of protective devices with child witnesses.     

Jurors' perceptions of child victim-witnesses in a simulated sexual abuse trial

Two studies investigated the effects of a child witness's age (5, 10, or 15 years old), communication style (powerful vs. powerless), and prosecuting attorney questioning methods (leading vs. nonleading) on perceptions of her testimony in a videotaped mock trial. In Experiment 1, as predicted, ratings of a child witness's credibility were most extreme when the child's communication style contrasted with adults' age-related expectations. Results of Experiment 2 showed that the child's communication style strongly affected perceptions of the defendant as well.     

The quality of written expert testimony in alleged child sexual abuse: An empirical study

Abstract

The purpose of this study was to empirically evaluate written expert testimonies in cases of suspected child sexual abuse in Sweden. A total of 121 expert testimonies were rated with an instrument developed for the study, the SQX-12 (Gumpert et al., 2001) which is a 12-item checklist aimed to reflect consensus-established concepts of quality. Reports from different professional groups were compared, as were reports produced before and after the 1991 publication of national guidelines. The results suggested that the reports produced by professionals using statement analysis generally were of higher quality than reports written by professionals from child- and adolescent psychiatry. There was a slight increase in report quality, as measured by the SQX total score, over the studied years. However, it is concluded that the overall quality of written expert testimony on child credibility still does not reach the recommended level in Sweden.     

Expert testimony in child sexual abuse cases

We presented participants with syndromal, witness credibility, or anatomically detailed doll evidence to determine (a) whether these different types of expert evidence exert differential influence on participants' judgments and (b) whether the influence of this evidence could be better explained by the relative scientific status or the probabilistic qualities of the research presented. Additionally, we investigated whether a strong or weak cross-examination of the expert would be more successful in discrediting the information provided in the expert's testimony. Findings suggest that participants are less influenced by expert testimony based on probability data (i.e., syndromal evidence) than by expert testimony based on case history data (i.e., credibility of anatomically detailed doll evidence). Participant responses did not differ as a function of the strength of the cross-examination of the expert. As expected, women were more likely to respond in a pro-prosecution direction than were men. Implications for the use of expert evidence in child sexual abuse cases are discussed.     

The expanding role of expert psychological evaluations and testimony in Hague child abduction litigation

Hague Convention cases are a growing niche in forensic assessments. These cases focus on returning children, or preventing their return, after international abductions, by one of the parents, has occurred. This article focuses on the legal underpinnings of the Hague Abduction Convention, the “affirmative defenses” that may be invoked to prevent a return order, including “grave risk of harm,” “mature objection”, and the “well settled defense.” The article will also focus on the increasing roles that forensic evaluators play in these matters, the distinction between the role of forensic experts in custody proceedings and Hague cases, and the inherent limitations present in these unique kinds of evaluations.     

Court evaluations of young children's testimony in child sexual abuse cases

Purpose

Prosecutors working with child sexual abuse (CSA) cases involving young children have raised concerns that reliability criteria from the Supreme Court of Sweden are holding children's testimony to impossible standards (e.g., expecting the child's testimony to be long, rich in detail and spontaneous). This study aimed to address these concerns by investigating how District Courts and Courts of Appeal employ said criteria in their testimonial assessments of young child complainants.

Methods

Court documents from District Courts (n = 100) and Courts of Appeal (n = 45) in CSA cases involving 100 children age 7 years and under were analysed with respect to the courts’ testimonial assessments.

Results

Testimonial assessments were more frequently referenced in acquitting verdicts and in cases with evidence of low corroborative value. Richness in detail was the most frequently used reliability criterion, followed by spontaneity. Most criteria were used in favour of the children's testimony. However, the length criterion was typically used against the reliability of the children's testimony.

Conclusions

Our findings confirm prosecutors’ concerns that criteria from the Supreme Court are frequently used in evaluations of young children's testimony. This is troublesome, as some criteria do not correspond to current research on young children's witness abilities. For example, compared to testimony given by older children or adults, testimony provided by a young child is typically not long or rich in detail. We encourage prosecutors to extend their own knowledge on young children's capability as witnesses and present this to the court.     

The associations between abuse characteristics in child sexual abuse: a meta-analysis

Child sexual abuse (CSA) is a general term describing a wide range of events that vary in characteristics such as the victim’s age of onset, relationship to the perpetrator, abuse quantity, degree of contact, and use of force. To investigate correlations and provide information on the clustering of these characteristics, the present meta-analysis included data from 14,494 sexually abused individuals from 62 empirical peer-reviewed studies and doctoral theses. The results showed that victims of intrafamilial abuse were younger than victims of extrafamilial abuse. More force was used in abuse including higher degrees of physical contact. Intrafamilial abuse and early onset of abuse showed no statistically significant associations with either use of force or closer physical contact. Abuse was more frequent and/or committed over a longer time period when it (a) featured more contact or force, (b) involved a relative as a perpetrator, or (c) commenced when the child was younger. The associations were weak to moderate in strength.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Perceptions of victims and perpetrators in a depicted child sexual abuse case: gender and age factors

This study investigated the roles of respondent, perpetrator, and victim gender on attributions toward a 10- or 15-year-old victim and an adult perpetrator in a hypothetical sexual abuse case. It was predicted (a) that female respondents would be more provictim and antiperpetrator than men, (b) that 10-year-old victims would be deemed more credible than 15-year-olds, and (c) that men would deem a 15-year-old male victim more culpable when child sexual abuse is perpetrated by a female abuser. Three hundred thirty-seven respondents read a 350-word sexual abuse depiction in which victim age, victim gender, and perpetrator gender were varied between respondents. Respondents then completed a 14-item attribution scale, relating to victim blame, perpetrator blame, assault severity, and victim credibility. A series of ANOVAs revealed support for all predictions. Results are discussed in relation to gender role attitudes. Suggestions for future work also considered.     

The measurement and influence of child sexual abuse supportive beliefs

Abstract

The identification of offence-related cognition is a major target of most cognitive–behavioural treatment programmes for sexual offenders, and a number of measures are available for this purpose. This study assessed the psychometric properties of a brief measure of beliefs that support and justify child sexual abuse: the Sex With Children (SWCH) scale. Factor analysis revealed two distinct types of belief: that sex with children is harmless, and that children actively provoke adults into having sex with them. The SWCH was also found to have good internal consistency, test–retest reliability and concurrent validity. Child molesters scored significantly more highly on the SWCH than did rapists or non-offenders, and high-risk child molesters reported more entrenched offence-supportive beliefs than lower risk child molesters. A relationship was also observed between general offence-supportive beliefs as measured by SWCH and offence-specific cognitions ascribing responsibility or enjoyment to the offender's victim. The SWCH subscales appeared to closely match two of the implicit theories hypothesized by Ward and Keenan (1999 Ward, T. and Keenan, T. 1999. Child molesters’ implicit theories. Journal of Interpersonal Violence, 14: 821–838. [Crossref], [Web of Science ®] , [Google Scholar]) to be related to child molestation. Sex offender treatment providers need to be aware of the relationship between underlying implicit theories and offence-specific distorted cognitions about the victim's experience.     

Undetected and detected child sexual abuse and child pornography offenders

Current knowledge about risk factors for child sexual abuse and child pornography offenses is based on samples of convicted offenders, i.e., detected offenders. Only few studies focus on offenders not detected by the criminal justice system. In this study, a sample of 345 self-referred pedophiles and hebephiles was recruited from the community. All participants met DSM-IV-TR criteria for pedophilia or hebephilia (paraphilia not otherwise specified), were assured of confidentiality, and self-reported lifetime sexual offending against prepubescent and/or pubescent children. Two sets of group comparisons were conducted on self-report data of risk factors for sexual reoffending. Measures of risk factors address the following dimensions identified in samples of convicted offenders: sexual preferences (i.e. co-occurring paraphilias), sexual self-regulation problems, offense-supportive cognitions, diverse socio-affective deficits, and indicators of social functioning (e.g., education, employment). Men who admitted current or previous investigation or conviction by legal authorities (detected offenders) were compared with those who denied any detection for their sexual offenses against children (undetected offenders). Group comparisons (detected vs. undetected) were further conducted for each offense type separately (child pornography only offenders, child sexual abuse only offenders, mixed offenders). Although there were more similarities between undetected and detected offenders, selected measures of sexual-self regulation problems, socio-affective deficits, and social functioning data demonstrated group differences.     

Containing the secret of child sexual abuse

This study reports a grounded theory study of the process of how children tell of their experiences of child sexual abuse from the perspectives of young people and their parents. Individual interviews were conducted with 22 young people aged 8 to 18, and 14 parents. A theoretical model was developed that conceptualises the process of disclosure as one of containing the secret of child sexual abuse. Three key dynamics were identified: the active withholding of the secret on the part of the child, the experience of a 'pressure cooker effect' reflecting a conflict between the wish to tell and the wish to keep the secret, and the confiding itself which often occurs in the context of an intimacy being shared. Children's experiences of disclosure were multidetermined and suggest the need for multifaceted and multisystemic approaches to prevention and intervention. The need for the secret to be contained, individually and interpersonally in appropriate safeguarding and therapeutic contexts needs to be respected in helping children tell.     

The long-term effects of child sexual abuse by female perpetrators: a qualitative study of male and female victims

Although the long-term effects of sexual abuse by men have been studied extensively, minimal research has explored the effects of sexual abuse by women. This qualitative study explores the experience and long-term impact of sexual abuse by women. The data were derived from in-depth interviews with 14 adult victims (7 men, 7 women) of child sexual abuse by females. Most respondents reported severe sexual abuse by their mothers. The vast majority of participants reported that the experience of female-perpetrated sexual abuse was harmful and damaging. As a result of the sexual abuse, male and female respondents reported long-term difficulties with substance abuse, self-injury, suicide, depression, rage, strained relationships with women, self-concept and identity issues, and a discomfort with sex. In light of the popular and professional perceptions that sexual abuse by women is relatively harmless as compared to sexual abuse by men, the implications of these long-term effects are discussed, particularly in relation to professionals working in the area of child sexual abuse.