Taking the stand: defendant statements in court cases of alleged sexual abuse against infants,toddlers and preschoolers

Investigating and adjudicating allegations of child sexual abuse are challenging tasks. In the present study, we examined defendant statements concerning charges of sexual abuse against young children in Swedish district court cases (87 defendants, 140 child complainants, tried between January 2010 to December 2015). A main objective was to test predictive factors for admissions of guilt using inferential statistical analyses. Furthermore, using qualitative thematical analysis, we sought to identify common patterns in the defendants’ explanations to the allegation. Approximately one-third of the defendants (31%) pleaded guilty during trial. Admissions of guilt were more likely if the defendant was young, if the child was young at the onset of abuse, if the child and perpetrator had an extrafamilial relationship, and if the defendant possessed child pornography. A conflict with the person who made the report (e.g. a custody dispute), a testimony from the child, a direct eyewitness, or an informal disclosure recipient were significantly more common in cases of denials. In the qualitative analysis, a range of alternative explanations behind the abuse allegations were identified. Legal professionals and investigators may benefit from considering these alternative hypotheses during their investigative and judicial work.     

Empathy and Jurors' Decisions in Patricide Trials Involving Child Sexual Assault Allegations

In a mock-trial paradigm, 205 participants considered a patricide trial in which a child defendant claimed the patricide was done in self-defense after years of sexual abuse. Participants in an empathy-induction condition were asked to take the perspective of the defendant and to detail how they would be thinking and feeling if they were the defendant. Control condition participants received no such instructions. Results indicated that, compared to jurors in the control condition, jurors who were asked to take the defendant's perspective had more empathy for the defendant (without feeling more similar to or more sympathy for the defendant), found the defendant less guilty and less responsible for the murder, and were more likely to consider abuse to be a mitigating factor in the killing. Overall, compared to men, women were more likely to believe the defendant's abuse allegations, find the defendant credible, and consider the defendant to be less responsible for the murder. Women in the empathy condition found the defendant less guilty than did all other jurors. Finally, child defendant gender was also varied, but this had few effects on case judgments overall. Jurors, however, were more likely to believe that the girl defendant was sexually abused than the boy defendant. We discuss theoretical implications for understanding the social psychological construct of empathy as well as implications for understanding jurors' decisions in cases involving child sexual assault allegations.     

The Effect of Gender in the Perception of Elder Physical Abuse in Court

Two experiments investigated mock jurors' perceptions of elder abuse (EA) in a physical assault case. In Experiment 1, participants read a fictional criminal trial summary of a physical assault case in which the alleged victim was 66, 76, or 86 years old. In Experiment 2, the age of the alleged victim was 76 years old, but the gender of the alleged victim and the gender of the defendant were crossed. The results of the experiments showed that women believed the alleged victim more and rendered a guilty verdict more often than men. Overall, the alleged victim was believed more than the defendant regardless of the age of the alleged victim, and most verdicts were guilty. These results are discussed in terms of the factors that affect perceptions of alleged victims of EA in court.     

Significance of Family Risk Factors in Development of Childhood Animal Cruelty in Adolescent Boys with Conduct Problems

The literature suggests that physical child abuse, sexual child abuse, paternal alcoholism, paternal unavailability, and domestic violence may be significant in development of childhood animal cruelty. Two groups of early- to late adolescent boys (CTA and N-CTA) in residential treatment for conduct disorder were compared in the current study on histories of these family risk factors. The adolescents in Group 1 were comprised of boys who had conduct problems with documented histories of animal cruelty (n = 50; CTA). Group 2 consisted of adolescent boys (n = 50; N-CTA) with conduct problems, but without documented histories of animal cruelty. Results showed that children in the CTA group had significantly greater histories of physical and/or sexual child abuse and domestic violence in comparison to children in the N-CTA group. These results suggest that physical and/or sexual abuse to a child, and exposure to domestic violence, may be significant in the development of childhood animal cruelty.     

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.

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.     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.     

An exploration of incest in the childhood development of serial rapists

This paper explores the phenomenon of male incest in a sample of 41 incarcerated serial rapists. Of 31 men who reported childhood sexual abuse (penetration, exploitation, and/or witnessing), just over half were victims of incest. All incestuous experiences occurred before puberty, and the majority of the experiences were protracted in nature. When compared to nonincest victims of sexual abuse, incest victims were more likely to report parental physical abuse and to describe their childhood family structure at 16 years of age as reconstituted (step-parent present). In all cases in which the step-father was implicated in the abuse, the abuse was of the witnessing variety (i.e., the boy witnessed sexual activity that he found disturbing). Incest victims were significantly more likely than non-incest victims to re-enact sexually abusive behavior within the family. This finding suggests that clinical discoveries of sibling sexual activity should alert clinicians that other incestuous activities may be occurring or have taken place.     

Recruiting Participants for Child Abuse Research: What Does It Take?

Recruiting participants for child abuse research and tracking them over time require extensive efforts and perseverance. This paper documents the results of strategies used in a longitudinal study of child abuse. The study sample consisted of a group of school-age abused children and their mothers and a matched comparison group of nonabused children and their mothers. Consent rates were lower for abusing families than for nonabusing comparison families. Among abusing families, those in the sexual abuse group were more difficult to recruit than those in the physical abuse or neglect groups. Even after obtaining consent, successfully completing interviews required persistence, particularly for the abuse group. Retention over time was highly successful as a result of considerable efforts to maintain contact with respondents. Researchers would benefit from more published accounts of study procedures regarding sample recruitment and maintenance.     

Jurors' Perceptions of Adolescent Sexual Assault Victims Who Have Intellectual Disabilities

Children and adolescents with intellectual disabilities are especially likely to be sexually abused. Even so, their claims are not likely to be heard in court, possibly because people assume that jurors will not believe them. We tested this assumption in a mock-trial study in which 160 men and women watched videotaped excerpts from an actual trial. As predicted, when the 16-year-old sexual assault victim was portrayed as mildly mentally retarded instead of as having average intelligence, jurors were more likely to vote guilty and had more confidence in the defendant's guilt; considered the victim to be more credible and the defendant to be less credible as witnesses; and rated the victim as more honest, less capable of fabricating the sexual abuse accusation, and less likely to have fabricated the sexual abuse accusation. Men and women were affected similarly by the disability manipulation, but women were generally more pro-prosecution in their case judgments and perceptions than were men. Finally, jurors who had more liberal views toward persons with disabilities were more likely than other jurors to make pro-prosecution judgments on measures of guilt. Implications for psychological theory and the law 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.     

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.     

Improving Decision Making in Forensic Child Sexual Abuse Evaluations

Mental health professionals can assist legal decision makers in cases of allegations of child sexual abuse by collecting data using forensic interviews, psychological testing, and record reviews, and by summarizing relevant findings from social science research. Significant controversy surrounds another key task performed by mental health professionals in most child sexual abuse evaluations, i.e., deciding whether or not to substantiate unconfirmed abuse allegations. The available evidence indicates that, on the whole, these substantiation decisions currently lack adequate psychometric reliability and validity: an analysis of empirical research findings leads to the conclusion that at least 24% of all of these decisions are either false positive or false negative errors. Surprisingly, a reanalysis of existing research also indicates that it may be possible to develop reliable, objective procedures to improve the consistency and quality of decision making in this domain. A preliminary, empirically-grounded procedure for making substantiation decisions is proposed.     

Long-Term Effects of Witnessing Marital Violence for Women: The Contribution of Childhood Physical and Sexual Abuse

A sample of 313 college women completed a questionnaire about experiences with violence in childhood and adulthood and adult adjustment and relationship functioning. Nine percent of the women reported having witnessed some type of physical conflict between their parents. Witnessing marital violence was associated with other family mental health risks, childhood physical and sexual abuse, and adult physical assaults by strangers. Women who witnessed marital violence reported more symptoms of posttraumatic stress disorder than other women, after family background and abuse variables were accounted for. Significant interactions between witnessing marital violence and childhood physical abuse were observed for measures of social avoidance and predictability in partner relationships, indicating that the effects of witnessing marital violence depended on the presence of childhood abuse. Implications of these results for research and interventions are discussed.     

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

Type and Severity of Abuse as Predictors of Psychiatric Symptoms in Adolescence

There has been little previous research about histories of child maltreatment and psychological symptoms in adolescent psychiatric patients. This study investigated whether type and characteristics of child physical and/or sexual abuse predicted individual differences in symptoms. Participants were 187 patients in day or residential treatment facilities. Abuse was assessed using structured interviews with the adolescent, the therapist, and the caseworker. Participants completed a standardized, self-report measure of internalizing and externalizing symptoms. Adolescents with histories of dual abuse (i.e., sexual and physical abuse) had elevated depression and anxiety compared with nonabused patients. Histories of any type of abuse were associated with elevated posttraumatic symptoms. Among physically abused patients, severity and duration of abuse predicted individual differences in depression and anxiety, whereas severity and concomitant sexual abuse predicted elevated posttraumatic symptoms. Among sexually abused patients, the characteristics of sexual abuse did not predict individual differences in symptoms. Thus, child abuse, particularly dual abuse and severe physical abuse, predicted elevated internalizing symptoms, even in comparison with other adolescent psychiatric patients. The need for replication is discussed.     

An Archival Analysis of Actual Cases of Historic Child Sexual Abuse: A Comparison of Jury and Bench Trials

Logistic regression analyses were used to predict verdicts from 466 Canadian jury and 644 Canadian judge-alone criminal trials involving delayed or historic allegations of child sexual abuse. Variables in regard to the complainant and offence were selected from the legal, clinical, and experimental literatures, including mock juror research. Of six variables that had been related to decisions reached in mock juror research concerning delayed allegations of child sexual abuse (i.e., repressed memory testimony, involvement in therapy, length of delay, age of complainant, presence of experts, and frequency of abuse) two (age of complainant and presence of expert) predicted verdicts. An additional five variables (duration, severity, complainant–accused relationship, threats, and complainant gender) were also examined: of these, threats and the complainant–accused relationship reliably predicted jury verdicts. For judge-alone trials, five variables predicted verdict: length of the delay, offence severity, claims of repression, the relationship between complainant and accused, and presence of an expert. Implications of the jurors' and judges' differential sensitivity to these variables for future simulation and archival research are discussed.     

ALLEGATIONS AND SUBSTANTIATIONS OF ABUSE IN CUSTODY‐DISPUTING FAMILIES1

In this study of 120 divorced families referred for child custody evaluations and custody counseling, multiple allegations of child abuse, neglect, and family violence were raised in the majority of cases. About half of the alleged abuse was substantiated in some way with one fourth involving abuse perpetrated by both parents. Different kinds of allegations were raised against mothers compared with fathers. Implications of these findings for social policy, family court interventions, and the provision of coordinated services within the community are discussed.     

Patterns of physical and sexual abuse for men and women in dating relationships: A descriptive analysis

A random sample of students at a large Midwestern University was selected in order to examine whether and how physical and sexual abuse were related to each other for men and women, whether abuse in one relationship was independent of abuse in other relationships, and how victims responded to abusive incidents. The results revealed several important patterns. When comparing the frequency of physical and sexual abuse for men and women, it was found that sexual abuse was more common than physical abuse, but only for women. Additionally, women experienced more sexual abuse than men. While men and women did not experience physical abuse in other relationships at more than chance levels, women who sustained sexual abuse in one relationship were more likely to sustain sexual abuse in other relationships. Furthermore, while sustaining physical and sexual abuse were not associated with one another for men, there was a weak association for women. Finally, victims of abuse were more likely to tell their friends they had been abused than report it to criminal justice authorities.Paper presented at the 1987 American Society of Criminology Meetings.