The Neglect of Elder Neglect as a White-Collar Crime: Distinguishing Patient Neglect from Physical Abuse and the Criminal Justice System’s Response

While research on elder maltreatment has increased dramatically over the past three decades, few studies have considered elder neglect. Even fewer studies have addressed cases of patient neglect committed while older adults are receiving long-term care. In this study, we analyzed 252 cases of elder maltreatment to increase understanding about elder patient neglect and the way that patient neglect can be distinguished from patient abuse. The criminal justice system’s response to these crimes is also addressed. The results show that offenders in elder patient abuse and patient neglect cases receive similar sentences. However, the dynamics surrounding the offenses are different in important ways. Patient neglect cases are more likely than patient abuse cases to (1) involve multiple victims, (2) be committed in groups, (3) be white-collar crimes rather than occupational crimes, and (4) result in more serious consequences for victims. Implications for policy, theory, and research are provided.     

Spouse Abuse and Child Abuse by Army Soldiers

This study analyzed data collected by the U.S. Army’s Family Advocacy Program, the group primarily responsible for family violence prevention, identification, evaluation, treatment, and follow-up on Army installations. Patterns of spouse abuse and child abuse perpetrated within a five year period (2000–2004) were examined in a sample of 10,864 Army Soldiers who were substantiated for family violence offenses. Three groups of family violence offenders were compared: (1) those who perpetrated spouse offenses only; (2) those who perpetrated child offenses only; and (3) those who perpetrated both spouse and child offenses. Results showed that the majority of substantiated family violence offenders were spouse offenders who had not committed child abuse (61%), followed by child offenders who had not committed spouse abuse (27%), and finally those who committed both spouse and child offenses (12%). The three groups of family violence offenders differed in terms of the types of abuse they perpetrated (neglect of children, emotional abuse, physical abuse, and sexual abuse), their experiences of being a spouse abuse victim, and sociodemographic characteristics. Twelve percent of all spouse abusers committed multiple spouse abuse incidents, and 10% of all child abusers committed multiple child abuse incidents.     

Factors associated with contact child sexual abuse in a sample of indecent image offenders

Abstract

This study explored a sample of 244 UK adult male offenders convicted of offences involving indecent images of children (IIOC): 120 had a previous contact child sexual offence (defined as dual offenders) and 124 had no evidence of an offence against a child (defined as non-contact offenders). Offender groups were compared regarding their socio-demographic characteristics, previous convictions and IIOC possession. Key discriminatory factors that differentiated dual offenders were: access to children, previous offence history, sexual grooming and possession of IIOC that depicts similar-aged victims. In contrast, non-contact offenders could be identified from their greater amount and wider range of IIOC possession. The results suggest a homology between Internet behaviours, IIOC possession and victim selection. Implications for law enforcement agencies are discussed in terms of assisting investigative prioritisation by identifying those most at risk of committing sexual abuse against children.     

Nonsex offenses committed by child molesters: findings from a longitudinal study

This study, which used a prospective as well as a retrospective methodology, examined the criminal records of 30 child molesters prior to, and up to 10 years after an index event of sexual abuse for which they were convicted: 73% had convictions for other offenses, 60% had convictions for offenses other than sex offenses, 50% had convictions for property offenses, 27% had convictions for offenses involving violence, and 23% had convictions for drug offenses. Offending levels for nonsex offenses were significantly higher than the general adult male population. Any theory concerning the dynamics of sex offending against children needs to account for the level of nonsex offenses committed by child molesters.     

Demographic and offence characteristics: a comparison of sex offenders convicted of possessing indecent images of children,committing contact sex offences or both offences

This paper reports the findings of a study evaluating demographic and offence characteristics of 230 offenders who had been convicted either of possessing indecent images (Internet offenders n?=?74) or committing actual direct abuse of children (contact offenders n?=?118) or committing both offences (Internet-contact offenders n?=?38). All data were collected in the Greater London Offender Management Service. The group of Internet-contact offenders exhibited more diverse characteristics than the Internet and contact sex offenders and they were more likely to have been accused of a prior contact offence without being charged. The majority of the Internet offenders were white male, younger than the contact child sex offenders, more likely to be single and to have never been married, were better educated and more likely to have stable employment. They were also less likely to have had previous convictions. Contact offenders were more likely to report childhood difficulties including sexual abuse; there were no group differences in mental health contact or history of substance abuse. Future research should take into account the heterogeneity of Internet sex offenders to enable the development and delivery of appropriate services for this group so that preventative and therapeutic approaches can be developed.     

Legal Outcomes of Suspected Maltreatment Cases Evaluated by a Child Abuse Pediatrician as Part of a Multidisciplinary Team Investigation

Child abuse pediatricians often carry the stigma that their sole role is to diagnose maltreatment. In reality, child abuse pediatricians use their clinical experience and current evidence-based medicine to make the best medical diagnoses for the children they evaluate. To better understand the legal conclusion of suspected maltreatment cases with medical examinations, this study sought to: (i) evaluate the percentage of children seen for suspected maltreatment that led to a clinical diagnosis of maltreatment, (ii) determine the number and type of criminal charges associated, and (iii) analyze the legal outcomes of cases as they proceeded through the judicial system. This study retrospectively reviewed the legal outcomes of 1698 children medically evaluated in 2013–2014 as part of an investigation by a multidisciplinary team at a children’s advocacy center in a mid-sized city in Oklahoma. Data were collected from electronic medical records, the district attorney’s office, and a public court docket. Of the original cohort, 477 (28.09%) children yielded a medical diagnosis of at least one type of maltreatment. Further analysis yielded 115 unique court cases involving 138 defendants and 151 children. A total of 286 charges were filed resulting in 190 convictions. While maltreatment allegations yield a high number of children that must be evaluated, a comprehensive medical evaluation helps determine which cases do not have sufficient medical findings for a diagnosis of maltreatment. The findings in this study indicate that a majority of suspected maltreatment cases seen by child abuse pediatricians did not result in criminal court outcomes.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

Sentencing in child sexual assault cases: factors influencing judicial decision-making

Abstract

To date, there has been limited examination of variables that influence sentencing in child sexual abuse cases. This study examines the extent to which offence characteristics (such as the number of offences, number and age of victims), the behaviour and perceived credibility of the victim impact upon both sentence length and the setting of earliest parole dates. Analyses conducted using data from 66 adjudicated cases of child sexual assault from the County Court of Victoria, Australia revealed that longer sentences were handed down to offenders who had perpetrated multiple offences, or who had committed offences against younger children. Lower levels of victim credibility were associated with shorter sentences and earlier parole dates for offenders, which were also associated with the presence of more harmful behavioural indicators of abuse. The findings are discussed regarding the importance of presenting evidence about the behaviour of victims following sexual abuse in criminal trials.     

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.     

False allegation of child abduction

Cases in which a child has been falsely reported as missing or abducted can be extremely challenging to the law enforcement agencies responsible for their investigation. In the absence of a witnessed abduction or an obvious crime scene, it is difficult to determine whether a child has actually been abducted or has become a victim of a homicide and a false allegation. The purpose of this study was to examine falsely alleged kidnapping cases and identify successful investigative strategies. Sixty-one adjudicated false allegation cases involving 66 victims were analyzed. The mean age of the victim was 5 years. Victims came from generally unstable, high-risk family situations and were killed primarily by biological parents. Victims were killed because they were unwanted or viewed as an obstacle to a desired goal, or they were victims of abuse or maltreatment that ended in fatality.     

Body Transportation after Homicides: Offender and Offense Characteristics

Body transportation is defined as moving the body of the victim from the scene of a homicide to another location. We analyzed data on 513 South Korean homicide cases with convictions to compare 104 homicides involving the transportation of victims’ bodies with 409 homicides that did not. Offenders who transported their victims’ bodies were significantly younger and more likely to be related to the victims and were less likely to use sharp instruments and more likely to use blunt instruments or strangle the victims than offenders who did not. Victims of homicide involving body transportation were more likely to suffer injuries to the neck and head and less likely to suffer injuries to the torso. Finally, offenders who transported victims’ bodies were more likely to have planned the offense and destroyed evidence. The present findings have practical implications for police investigations.     

Profiles in the offending process of nonserial sexual murderers

The aim of this study was to investigate specific pathways in the offending processes of nonserial sexual murderers and to examine possible relationships with different precrime, per-crime, and postcrime factors. Included in this study were 36 offenders who have committed at least one sexual murder against a female victim and they were classified using cluster analysis. Participants using the sadistic pathway planned their offenses and used physical restraints during the offenses. Furthermore, they mutilated and humiliated their victims. Finally, they hid the bodies of the victims. Participants using the anger pathway had not premeditated the homicide. Mutilation, humiliation, and physical restraints were less predominant with these participants than with those using the sadistic pathway. Moreover, these offenders were more likely to leave the bodies at the crime scenes after the killings occurred. These two profiles are compared with empirical studies addressing sexual homicide.     

DOES VIOLENCE INVOLVING WOMEN AND INTIMATE PARTNERS HAVE A SPECIAL ETIOLOGY?*

We used data from a survey of inmates who have committed homicide or assault to examine whether men and women who have killed or assaulted their intimate partners are different from other violent offenders. A “gender perspective” implies that intimate partner violence and violence between the sexes have different etiologies than other types of violence, whereas a “violence perspective” implies that they have similar etiologies. Our evidence supports a violence perspective. In general, offenders who attack their partners are similar to other offenders in terms of their prior records, alcohol and drug use, and experiences of abuse. We observed some differences between men who attack women (including their female partners) and other male offenders, but the differences were opposite those predicted by a gender perspective. For example, men who attacked their partners were particularly likely to have been abused by their partners. In addition, men who attacked women were particularly likely to have experienced sexual abuse during childhood and to have been intoxicated at the time of the incident. These results suggest that some well-known predictors of violence are particularly strong predictors of male violence against women and female partners.     

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.     

The use of pornography during the commission of sexual offenses

The goal of this study was to examine the use of pornographic materials by sex offenders during the commission of their crimes. A sample of 561 sex offenders was examined. There were 181 offenders against children, 144 offenders against adults, 223 incest offenders, 8 exhibitionists, and 5 miscellaneous cases. All but four cases were men. A total of 96 (17%) offenders had used pornography at the time of their offenses. More offenders against children than against adults used pornography in the offenses. Of the users, 55% showed pornographic materials to their victims and 36% took pictures, mostly of child victims. Nine cases were involved in the distribution of pornography. Results showed that pornography plays only a minor role in the commission of sexual offenses, however the current findings raise a major concern that pornography use in the commission of sexual crimes primarily involved child victims.     

Sex of Spouse Abuse Offender and Directionality of Abuse as Predictors of Personal Distress,Interpersonal Functioning,and Perceptions of Family Climate

This study examines perceptions of personal distress, interpersonal functioning and family climate reported by men and women involved in unidirectional versus bidirectional spouse abuse. Participants were 7253 offenders treated by the USAF Family Advocacy Program from 1988 to 1996. Over a quarter of the sample is female and included among them were both unidirectional and bidirectional offenders. Grouping factors for the analysis are gender, directionality of aggression, history of abuse in childhood, history of recidivism, and severity of aggression. Females and offenders raised in abusive homes reported more negative perceptions across the measured spheres. Unidirectional abusers reported more personal distress, but bidirectional abuse had more conflicted family climates. Few differences were noted in offenders' perceptions based on the severity of their abuse or their history of repeat offenses. Tests for interactions yielded no reliable pattern indicating that grouping factors were related to outcomes in an additive fashion.     

The violent female perpetrator and her victim

The aim of the present study was to examine the relationship between violent female offenders and their victims as well as the putative differences in the motives and specific psychological factors among three groups of female offenders: women who have victimised someone closely related to them, those who have victimised an acquaintance and lastly women who have victimised a stranger. More than half (N=61) of all violent female offenders hospitalised or incarcerated in Finland during the year of study were interviewed and assessed by Structured Clinical Interview II for DSM-IV (SCID-II) and Hare's Psychopathy Checklist-Revised (PCL-R). In 34% of the cases the victims were persons close to the offender, in 41% the victims were acquaintances and in 25% strangers. The victims in homicide offences were more often both male and closer to the perpetrator than in assault offences. Although motives were related to interpersonal problems, self-defence and long-term physical or psychological abuse were reported by only a few women, even for the small proportion of women whose victims were intimate partners. The most frequent reason for offences stemmed from confrontational situations in connection with alcohol use. Women who victimised acquaintances and strangers were also more likely to have a history of criminality and substance abuse than women who victimised those in close personal relationships. The latter were also more likely to have an antisocial personality disorder (PD) and psychopathic characteristics. There were, however, no significant differences found between those who had experienced physical or psychological abuse in childhood or adulthood and those who had no adverse experiences. These findings suggest that the violent behaviour by females leads more often to the death of the victim, when the victim is closely related to the perpetrator. The commonly-held view that violent female offending occurs primarily as a consequence of precipitation by the victim was not supported.