Psychiatric aspects of sexual abuse

Sexual abuse of children and adolescents has become an increasingly publicized phenomenon. Psychiatrists and other mental health professionals are often called upon to evaluate and treat children and adolescents who may have been sexually abused, to provide counseling or treatment to the families of such children, and to provide reports and testimony for proceedings about such cases in the child protection system, the criminal justice system, and in custody disputes. Clarity regarding the medical, psychiatric, and legal aspects of sexual abuse is essential in carrying out such professional activities and in evaluating and formulating research on sexual abuse. In this paper current knowledge regarding these aspects of sexual abuse is summarized, and the role of psychiatrists in clinical and forensic work involving allegations of sexual abuse is discussed.     

Rethinking Criminal Libel: An Empirical Study

The prevailing view of criminal libel among communication law scholars in the United States is that there are very few prosecutions, that most of the prosecutions are about politics or public issues, and that none of the prosecutions are necessary because victims of defamation can sue for civil libel. The results of an empirical study of all Wisconsin criminal libel cases from 1991 through 2007, however, suggest that criminal libel is prosecuted far more often than realized, that most criminal libel prosecutions have nothing to do with political or public issues, and that the First Amendment is an effective shield on the rare occasions when a criminal libel prosecution is politically motivated. This article concludes that criminal libel can be a legitimate way for the law to deal with expressive deviance that harms the reputations of private figures in cases that have nothing to do with public issues.     

From Victim to Offender: Female Offenders of Child Sexual Abuse

Historically, women have been seen to have a much lower recorded rate of crime than men. In the area of child sexual abuse, women have figured prominently in official statistics as victims but have had virtually no official recognition as offenders. It is difficult for many people to accept that women do sexually abuse children and this can result in discounting by personnel in child protection services and police. This article discusses female offenders of child sexual abuse and the way in which these cases are processed by the criminal justice system.     

Defending the Homeland: Judicial Sentencing Practices for Federal Immigration Offenses

In the last decade, immigration prosecutions in federal court have increased 165%, with immigration offenses comprising over 28% of the federal criminal caseload in 2008. Despite this increase, research has yet to fully examine the sentencing outcomes for these offenders. Exploration of sentencing outcomes for immigration offenders is particularly salient due to the racial/ethnic composition of these defendants and the documented history of disparate treatment of minorities at this decision point. To explicate these issues, we examine the sentence length of immigration cases to assess the impact of legal, extra-legal, and case-processing factors. We further disaggregate by offense type to explore if correlates of sentencing are consistent across specific categories of immigration violations. Finally, we examine southwestern border districts, which process over 70% of all cases, to assess their specific sentencing practices. Model results, theoretical implications, and avenues for future research are also discussed.     

Medical Evidence and Expert Testimony in Child Sexual Abuse

Expert medical testimony in child sexual abuse cases can be critical to the outcome of a legal case. This article will review the development of the medical knowledge and clinical expertise in child sexual abuse. Since the passage of mandatory child abuse reporting laws, the forensic medical examination of a child for evidence of sexual abuse has become standard. Until recently, many myths regarding female genital anatomy existed but were based primarily on dogma and lack of empirical research. Over the past 25 years, many research studies and accumulating clinical evidence have expanded medical knowledge and debunked old myths. Physical evidence, even in cases of alleged genital or anal penetration is rare. Sexually transmitted infections are also uncommon and often require medical interpretation as to their significance in a prepubertal child. Specialized medical knowledge, training, and clinical expertise have developed in order to evaluate children presenting with allegations of sexual abuse. Such medical expertise provides invaluable service to courts. We review criteria for evaluating such expertise in light of current medical practice.     

The Difference Law Makes: Domestic Atrocity Laws and Human Rights Prosecutions

This article offers the first systematic analysis of the effects of domestic atrocity laws on human rights prosecutions. Scholars have identified various political and sociological factors to explain the striking rise in human rights prosecutions over the past 30 years, yet the role of domestic criminal law in enabling such prosecutions has largely been unexamined. That is surprising given that international legal prohibitions against human rights atrocities are designed to be enforced by domestic courts applying domestic criminal law. We argue that domestic criminal laws against genocide and crimes against humanity facilitate human rights prosecutions in post‐authoritarian states by helping to overcome formal legal roadblocks to prosecution, such as retroactivity, amnesties, immunities, and statutes of limitations. Using original data on domestic atrocity laws and human rights prosecutions in new democracies, we find that atrocity laws increase the speed with which new democracies pursue prosecutions, as well as the overall numbers of trials they initiate and complete.     

Policing image-based sexual abuse: stakeholder perspectives

ABSTRACT

Image-based sexual abuse (IBSA) refers to the non-consensual recording, distribution, or threat of distribution, of nude or sexual images. Over the past five years, numerous jurisdictions have amended their criminal laws to respond more effectively to this growing phenomenon, yet increased criminalization has not automatically translated into increased prosecutions. Drawing on stakeholder interviews with 52 Australian legal and policy experts, domestic and sexual violence advocates, industry representatives, police, and academics, this article examines law enforcement responses to IBSA in Australia. We argue that although there is evidence to suggest IBSA is being treated more seriously by police, there are five primary barriers to responding to IBSA, including: inconsistent laws; a lack of resources; evidentiary limitations; jurisdictional boundaries; and victim-blaming or harm minimization attitudes. Suggestions are made for how to respond to these challenges to facilitate more effective policing of IBSA.     

From Traumatic Memory to Traumatized Remembering: Beyond the Memory Wars, Part 1: Agreement

From the mid-1980s onwards, US courts have seen a dramatic increase in personal injury and criminal cases alleging harm caused by sexual abuse whose memories were ??recovered?? after decades of forgetting. These recovered memory claims were countered by the defense that they were false memories. Three types of personal injury cases have been the center of media attention: (1) adult daughters suing their fathers for alleged childhood incest; (2) families and patients suing psychotherapists for allegedly suggesting false incest memories; and (3) adults suing the Catholic Church alleging sexual abuse by priests. Legal outcomes have been inconsistent in part because scientific controversy has called the reliability of recovered memories into question. This article is the first in a three-part series that provides a forensic framework for understanding the current state of the recovered memory/false memory debate. It briefly describes the reasoning behind inconsistent legal decisions, identifying the minimum scientific issues that must achieve consensus to meet the needs of the legal system. It proposes epistemological criteria for determining whether a consensus has been achieved. It then identifies recovered memory issues about which there is now a consensus. The second article identifies recovered memory issues that lack consensus. The third article argues that the scientific controversy reflected confusion about different memory types. It proposes a phenomenological schema to integrate them and reduce legal confusion. It concludes that there is sufficient consensus about some recovered memory issues to meet minimal legal needs, while more research is needed for others.     

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.     

The role of clinical forensic medicine in cases of sexual child abuse

The work of specialists in forensic medicine in those cases of child abuse that result in the killing of a child is defined and well known. It is less well defined in cases of (suspected) sexual abuse. The cases presented show the difficulties that arise if medical doctors and prosecutors are uncertain about the procedures that have to be followed or do not appreciate the value of objective findings. It is concluded that knowledge about necessary examinations by physicians, police officers and prosecutors has to be promoted in order to improve handling and (legal) outcome of these cases.     

Understanding Elder Sexual Abuse and the Criminal Justice System's Response: Comparisons to Elder Physical Abuse

A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.     

The evolution of consent search law

This study examines the legal issues associated with consent searches conducted by law enforcement officers to gather evidence for criminal prosecutions. Through a review of the available case law relating to consent searches the study examines the requirements of a valid consent to search, the issues associated with these requirements, and the relationship between these requirements and the Fourth Amendment. While the paper focuses on Supreme Court decisions, lower court cases are included to illustrate specific points and examine general trends. The reader is given a general understanding of judicial preferences for procedures to be used when effecting consent searches.     

Prosecuting child sexual abuse in rural Kentucky: Factors influencing case acceptance by prosecuting attorneys

This study examined the relationship between felony prosecutors’ discretion and the legal and social factors present in cases of child sexual abuse. Prosecuting attorneys from 20 rural circuits in Kentucky were targeted for semistructured interviews in order to determine what influences them to accept or not accept a case for prosecution. Findings show a relationship between rural Kentucky prosecutors’ decision to accept a case and the availability of physical evidence, victims’ age and competence, potential trauma inflicted upon the victim, and the situation in which the allegation of sexual abuse originated. The relationship between prosecutors’ discretion and various factors is discussed regarding the impact on other criminal justice officials in their pursuit to combat child sexual abuse in Kentucky and in other rural communities as well. Winner of 1997 Outstanding Graduate Paper Award, Southern Criminal Justice Association     

Sibling Sexual Abuse: An Exploratory Study of Long-term Consequences for Self-esteem and Counseling Considerations

Great advances have been made regarding the study of child sexual assault since the 1970’s. In spite of these advances, the gravity of sibling sexual abuse has largely been overlooked in sexual abuse literature. This paper uses peer reviewed research to highlight some of the major issues and unique long-term consequences associated with sibling sexual abuse. Specifically, an altered version of the Conflict Tactics Scale Straus (Journal of Marriage and the Family 41:75-88, 1979) and The Rosenberg Self-Esteem Scale Rosenberg (1965) were used to explore the long-term impact on self-esteem for those having experience with sibling sexual abuse as a child. In addition, clinical considerations for working with survivors, offenders, and families are provided.     

Intrafamilial Child Sexual Abuse Intervention: The Impact of Juvenile Court Hearings and Felony Trial Diversions

Traditional felony prosecutions of child sexual abusers are problematic because physical evidence is uncommon (Bulkley, 1982b), making the charges difficult to prove. In such instances, the case will hinge on the testimony of the child victim, who may be secondarily victimized by the process. When the accused is a family member, the problem is compounded if the child is afraid to testify against a relative (Costin, et al, 1991). Necessary treatment for the offender andvictim is not forthcoming in traditional felony litigation and the already disrupted family will suffer further. As a corrective response, mental health and legal professionals have collaborated to create innovative intervention strategies in many jurisdictions. In 1981, more than 300 such programs were identified by the National Center on Child Abuse and Neglect (unpublished list). The number is probably higher today. This article investigates child sexual abuse intervention strategies by focusing on three jurisdictions in which felony trial diversions, juvenile court petitions, and treatment programs are intertwined into intervention strategies for first-time, intrafamilial offenders. The purpose of this article is to describe the three programs, then analyze the strategies to determine the type of services each client received.     

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.     

Terror in the courts: Beginning to assess the impact of terrorism-related prosecutions on domestic criminal law and procedure in the USA

This article explores some of the possible influences of the “war on terror.” It asks whether civilian criminal prosecutions of terrorism-related offenses or suspects may shape or distort domestic criminal law and procedure in the USA. The article identifies issues that may tend to arise in terrorism-related cases and suggests categories of prosecutions that may be more or less likely to influence the development of domestic law. It ends with several specific suggestions for further research.     

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.