Error Rates in Forensic Child Sexual Abuse Evaluations

When mental health, medical, and social work professionals and paraprofessionals make false positive or false negative errors in their judgments about the validity of allegations of child sexual abuse, the consequences can be catastrophic for the affected children and adults. Because of the high stakes, practitioners, legal decision makers, and policy makers should have some idea of the magnitude and variability of error rates in this domain. A novel approach was used to estimate individual error rates for 110 professionals (psychologists, physicians, social workers, and others) who conduct or participate in forensic child sexual abuse evaluations. The median estimated false positive and false negative error rates were 0.18 and 0.36, respectively. Estimated error rates varied markedly from one participant to the next. For example, the false positive error rate estimates ranged from 0.00 to 0.83. These estimates are based on participants’ self-reported substantiation rates and on their subjective frequency distributions for the probability of truth for the abuse allegations they evaluate.     

Family and social factors associated with substantiation of child abuse and neglect reports

One hundred fifty-nine families who were reported for child abuse or neglect to a country social services agency in a single fiscal year were studied empirically to test the ecological model of child abuse and neglect. Several family and social factors were studied. Only two, size of family and stage in family developmental cycle, were significantly associated with an increased risk of substantiation of the report. Two potential sources of social support, the use of regular child care and the presence of an extended family member, were tested for their effect on substantiation in those cases where risk factors such as the two mentioned above and combinations of risk factors such as single parenthood and unemployed head of household were associated with higher rates of substantiation. In every case, these two examples of social support reduced the substantiation rate. The influence of the use of regular child care was especially strong in mitigating the effect of the family and social risk factors.     

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.     

Situational factors in female-perpetrated child sexual abuse in organisations: implications for prevention

ABSTRACT

Despite increasing interest in child sexual abuse occurring in organisations, the perpetration of such abuse by females is largely ignored. This study examined situational factors in 136 cases of sexual abuse perpetrated by women working with children in the UK, Canada and the USA between 2000 and 2016. Qualitative and quantitative content analysis of court reports, professional regulator decisions, media reports and an online sentencing database was used, findings indicating that situational and contextual factors are highly relevant in perpetration. Much abuse occurs away from the organisational environment, particularly in perpetrators’ homes and cars, and in virtual environments. However, it also occurs within organisations, generally in unsupervised areas, outside of operating hours and often during mentoring/tutoring or extra-curricular activities. Organisational and local culture can be a facilitator in this abuse and allow it to continue even when concerns are raised. Practical prevention measures are suggested to assist in reducing future abuse.     

Influence of Perpetrators' Account on Nurses' Recognition and Reporting of Child Abuse

Suspected perpetrators may attempt to influence the professional's recognition and reporting of child abuse by providing an account that explains or justifies their behavior or the child's injury. A factorial survey design was employed in which a random sample of nurses (N = 1038) judged vignettes that included systematic variations of types of accounts and selected case characteristics. In comparison to the other characteristics of the case, perpetrator accounts had little impact on nurses recognition and reporting of child abuse. Only two types of accounts influenced the nurses' responses, and from the perspective of the suspected perpetrator they backfired, resulting in greater recognition and reporting of abuse. Interaction terms constructed of accounts and situational variables had little impact on nurses' judgments when sexual abuse was involved, but resulted in both higher and lower recognition and reporting scores when physical and emotional acts were judged.     

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.     

Mandatory Child Abuse Reporting Laws: Issues and Implications for Policy

Child maltreatment has been deemed a national emergency, with more than 2.5 million cases of abuse and neglect reported each year. Social policies designed to address child maltreatment include state statutes requiring professionals to report suspected child maltreatment to authorities. Mandatory reporting laws, while of potential benefit in the identification of abused and neglected children, can often result in higher or lower rates of reporting of abuse. The present paper reviews the functions of mandatory reporting statutes in professional contexts. Factors related to both low and high rates of reporting are discussed. In addition, suggestions for social policy are reviewed.     

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.     

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 Influence of Case and Professional Variables on the Identification and Reporting of Child Maltreatment: A Study of Licensed Psychologists and Certified Masters Social Workers

All 50 states have laws requiring mental health and other professionals to report suspected maltreatment. Unfortunately, many professionals who are mandated to report suspicions of child maltreatment often fail to recognize potential maltreatment or fail to report their suspicions. The present study examines several factors that may influence identification and reporting of child maltreatment. Subjects were licensed psychologists in the Midwest and certified Masters social workers in Nebraska. Child maltreatment included neglect, physical abuse, psychological maltreatment, and sexual abuse. Characteristics associated with the family or “case” (race, socioeconomic status of family, age of victim, type of maltreatment) were manipulated and presented in hypothetical case vignettes. Characteristics of the professional (e.g., training and experience with identification and reporting, personal history of maltreatment and violence) were also investigated. Ratings of the severity of the potential maltreatment situation, suspiciousness that maltreatment is occurring, and likelihood of reporting maltreatment were completed after reading each case vignette. The results indicate that a variety of case and professional factors may influence identification and reporting of maltreatment. Implications for training professionals and further research are discussed.     

Adult female victims of child sexual abuse: multitype maltreatment and disclosure characteristics related to subjective health

This study examined the impact of child sexual abuse and disclosure characteristics on adult psychological and psychosomatic symptoms. Data on abuse characteristics, disclosure-related events, and subjective health were collected through semistructured interviews and questionnaires from 123 adult women reporting having been sexually abused in childhood by someone close. The results indicate that disclosure-related events have a stronger relation than abuse characteristics to long-term consequences of childhood sexual abuse. In particular, a positive reaction from a partner was related to fewer symptoms. Of the abuse characteristics, exposure also to physical abuse was strongly associated to psychological sequelae.     

Culture and Nondisclosure of Child Sexual Abuse in Ghana: A Theoretical and Empirical Exploration

The phenomenon of child sexual abuse has been widely acknowledged across many societies, including Ghana. Efforts to address this problem in Ghana have yielded limited success because this type of child abuse is severely underreported. This study explores the relevance of three cultural factors, namely, patriarchal nuances, (child) rape myth acceptance, and a “collective shame problem,” to the understanding of the problem of nondisclosure of child sexual abuse in Ghana. Evidence from an exploratory study provides support for the importance of these factors. The findings are discussed and the need for further research highlighted.     

The Relationship Between Interpersonal Victimization and Women’s Criminal Sentencing: A Latent Class Analysis

Latent class analysis was used to identify subgroups of incarcerated women differentiated by experiences of child abuse and intimate partner violence victimization. The abuse subscales of the Childhood Trauma Questionnaire and the Abuse Behavior Inventory were used as indicators. Data were drawn from a probability sample of 217 incarcerated women housed in two state-level prisons in North Carolina. Four classes were extracted—Low Victimization, Child Abuse, Lifetime Physical and Psychological Abuse, and Lifetime Sexual Abuse; classes were then related to current sentence length, holding criminological predictors constant. Women in the Child Abuse and Lifetime Sexual Abuse classes had significantly longer sentences, despite the lack of significant between-class differences on criminological predictors. Results suggest that certain victimization patterns, notably experiences of sexual violence, were associated with sentencing disparities despite the use of structured sentencing grids. Recommendations for trauma-informed sentencing are provided.     

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.     

History of Traumatic Abuse and HIV Risk Behaviorsin Severely Mentally Ill Substance Abusing Adults

Epidemiological studies in the United States estimate HIV seroprevalence rates ranging between 4% and 23% for serious mentally ill adults (SMIA; i.e., schizophrenia, bipolar disorder, and other chronic disorders with psychotic features), with substantially greater estimates for risky sexual behaviors. Among the most consistent factors linked to HIV risk in non-SMIA populations is a history of emotional, physical, or sexual abuse. The current study examined the intersection of abuse history and HIV sexual risk behavior in SMIAs with a group of men (n = 64) and women (n = 115) recruited from eight geographically diverse and representative clinical sites around Florida. A cross-sectional interview revealed a high prevalence of alcohol and other drugs problems, as well as a history of emotional, physical, or sexual abuse in 75% of the participants, with 68% of these reporting multiple types of abuse. Compared to nonabused counterparts, those with a history of abuse reported significantly greater: (a) lifetime and current psychiatric symptoms, (b) recent unprotected sexual intercourse, and (c) crack cocaine, heroin, and marijuana use. No gender differences were detected in the associations of abuse history and sexual risk behaviors. These results underscore the need for HIV prevention efforts targeted to SMIAs and the critical importance of addressing abuse history in interventions with this underserved population.     

THE MULTILEVEL CONTEXT OF CRIMINAL SENTENCING: INTEGRATING JUDGE‐ AND COUNTY‐LEVEL INFLUENCES*

This study extends recent inquiries of contextual effects in sentencing by jointly examining the influence of judge and courtroom social contexts. It combines two recent years of individual sentencing data from the Pennsylvania Commission on Sentencing (PCS) with data on judicial background characteristics and county court social contexts. Three‐level hierarchical models are estimated to investigate the influence of judge and county contexts on individual variations in sentencing. Results indicate that nontrivial sentencing variations are associated with both individual judge characteristics and county court contexts. Judicial background factors also condition the influence of individual offender characteristics in important ways. These and other findings are discussed in relation to contemporary theoretical perspectives on courtroom decision making that highlight the importance of both judge and court contexts in sentencing. The study concludes with suggestions for future research on contextual disparities in criminal sentencing.     

Optimism as a Mediator Between the Experience of Child Abuse,Other Traumatic Events,and Distress

In this study, we examined the role of dispositional optimism in mediating distress among students who experienced traumatic events, including child physical abuse, emotional abuse, and sexual abuse. Participants included 199 undergraduate and graduate students (aged 18–63 years) from a private university in Oregon. In this study, dispositional optimism partially mediated distress among individuals who had experienced child physical abuse and child emotional abuse; participants with higher levels of optimism had lower levels of distress. In addition, dispositional optimism fully mediated distress among individuals who had experienced traumatic events such as rape, assault, and fire; participants with higher levels of optimism had lower levels of distress. Contrary to prediction, the experience of child sexual abuse was not associated with distress. Clinical implications of these results are addressed.     

Trends of indecent images of children and child sexual offences between 2005/2006 and 2012/2013 within the United Kingdom

Abstract

Little is known about the trends of indecent images of children (IIOC) offences, as UK criminal justice figures are unavailable within official crime data. This study aims to explore the rates of conviction and the relationship between IIOC offences and child sexual abuse offences from 2005/2006 to 2012/2013. The results indicated a continuing increase in offences of take, permit, distribute IIOC, rape of a child under 13, sexual activity of child under 16 and abuse of children through prostitution or pornography. Six out of a possible 17 correlations were significant, with the strongest correlation found between take, make, distribute IIOC and rape of a female under 13. Explanations for the findings are discussed and the utility of comprehensive prevalence figures for different stakeholders involved in addressing this crime issue.     

In the aftermath of disclosing child sexual abuse: consequences,needs, and wishes

Experiencing child sexual abuse (CSA) can have enormous consequences for the victims. However, reporting rates are comparably low. Thus, it is essential to consider the wishes and needs of disclosing CSA victims in order to develop measures that can improve the disclosure and reporting of CSA. We analysed data of a subsample of n?=?394 victims of contact CSA from a representative victim survey (N?=?11,428) conducted by the Criminological Research Institute of Lower Saxony, Germany, in 2011. Overall, 76% of the victims disclosed their CSA experience to somebody. However, only 14% of the cases were made known to law enforcement agencies. Of the disclosing victims, only one-third was believed and 43% reported that the disclosure led to no further consequences. Overall, being believed as well as supported by the victims’ family proved to be crucial. Implications are discussed against the background of previous research.     

Police professionalism and cynicism reconsidered: An assessment of measurement issues

A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the size of the black population has no significant effect. Higher unemployment rates are associated with more stringent application of the law. Prosecutorial and judicial discretion benefits offenders unequally. Controlling for legally relevant factors, black offenders are more likely to receive Three Strikes sentences, while younger ones are less likely.