Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

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.     

Toward a comprehensive theory of child sexual abuse: A theory knitting perspective

Abstract

In recent years a number of multifactorial theories of child sexual abuse have been developed. The most influential are Finkelhor's (1984) Precondition Model of child sexual abuse; Hall and Hirschman's (1992) Quadripartite Model; and Marshall and Barbaree's Integrated Theory (1990). While all three of these important theories have a number of strengths, each has serious weaknesses that limit its ability to provide a satisfactory explanation of child sexual abuse. In this paper we attempt to integrate the best elements of the three theories into a comprehensive etiological theory, or at least the beginnings of such a theory. After outlining the concept of theory knitting we briefly summarise each of the multifactorial theories and their major strengths and weaknesses. We then develop a comprehensive theoretical framework (the Pathways Model) integrating both the overlapping and unique elements of these broad perspectives with some additional concepts derived from various psychological domains. In the final section of the paper we consider the adequacy of the Pathways Model.     

Female Inmates' Perspectives on Sexual Abuse by Correctional Personnel

Abstract

Research into the sexual abuse of female inmates by correctional workers is scarce, despite documentation of its occurrence in prisons across the United States. This exploratory study examined dimensions of staff-inmate sexual contact in a correctional facility in Hawaii through two focus group interviews with imprisoned women. The women described three types of sexual abuse in prison: “trading,” “love,” and “in the line of duty.” Findings include the women's account of these forms of abuse and their perceptions of responsibility for staff-inmate sexual contact in correctional institutions. The women's beliefs about factors contributing to sexual abuse of female inmates, including job expectations of and power issues among adult correctional officers (ACO's), and the consequences of reporting abuse are also discussed. Given the vulnerability of female inmates and the power dynamics that typify the prison context, further research on this problem is warranted.     

The impact of questioning style on the content of investigative interviews with suspected child sexual abuse victims

Abstract

This study explored the influence of question type and interviewer style on the quantity and quality of responses offered by children in interviews for suspected sexual abuse. The analysis covered 36 investigative interviews conducted by polia officers under the Memorandum of Good Practice with children aged 4–7, 8–11 and 12–14 years. The dependent measures were the temporel length of children's answers and the number of criteria derived from Criteria Based Cornent Analysis (CBCA) they contained. Only 2% of all questions were open-ended, but just 3% were judged leading. Open questions were most effective with 12–14 year olds but not with younger children who provided nose information in response to specific yet not leading or closed questions. Longer answers containing move CBCA criteria were associated with interviews containing many affirmative utterances and verbal affirmations and a brief rapport. The implications of these findings for interview theory and practice are briefly discussed.     

Getting the story from child witnesses: exploring the application of a story grammar framework

Abstract

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers’ adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3–16 years (M age = 103.82 months, SD = 34.21 months). The interviewers’ questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or ‘don't know’ responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers’ specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers’ use of open-ended questions.     

Finkelhor's precondition model of child sexual abuse: A critique

Abstract

This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor's Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated. Our analysis suggests that alongside its strengths, Finkelhor's Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification. The model's attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.     

Sexual exploitation of children in europe: Child pornography

Abstract

Summary: This article is taken from a report entitled: Rhetorics and Realities: Sexual Exploitation of Children in Europe, of a study funded by the European Commission under the STOP Programme. It begins by re-visiting the knowledge base of child pornography and addresses a range of issues including: children's access to pornography; law enforcement and European policy. The article concludes with a number of pertinent questions which need both attention and answers.     

Marshall and barbaree's integrated theory of child sexual abuse: A Critique

Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation, Marshall and Barbaree's (1990) integrated theory. This powerful model was developed as a general theory of sexual offending and used to explain the onset of child sexual abuse in addition to other forms of sexual deviance. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the integrated theory in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.     

A critique of hall and hirschman's quadripartite model of child sexual abuse

Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation. Hall and Hirschman's (1992) quadripartite model. This innovative model was originally presented as a theory of rape and later extended to explain the onset of child sexual abuse. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the quadripartite model in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.     

Towards a common framework for assessing the activity and associations of groups who sexually abuse children

Abstract

Extensive social psychological research emphasises the importance of groups in shaping individuals' thoughts and actions. Within the child sexual abuse (CSA) literature criminal organisation has been largely overlooked, with some key exceptions. This research was a novel collaboration between academia and the UK's Child Exploitation and Online Protection Centre (CEOP). Starting from the premise that the group is, in itself, a form of social situation affecting abuse, it offers the first systematic situational analysis of CSA groups. In-depth behavioural data from a small sample of convicted CSA group-offenders (n =3) were analysed qualitatively to identify factors and processes underpinning CSA groups' activities and associations: group formation, evolution, identity and resources. The results emphasise CSA groups' variability, fluidity and dynamism. The foundations of a general framework are proposed for researching and assessing CSA groups and designing effective interventions. It is hoped that this work will stimulate discussion and development in this long-neglected area of CSA, helping to build a coherent knowledge-base.     

An analysis of the relationship between being deaf and sexual offending

Abstract

Research demonstrates that deaf offenders are over-represented within the criminal justice system. In addition, those deaf offenders who are incarcerated within prison estates or psychiatric units are predominantly incarcerated for sexual offences. This paper will evaluate the existing literature surrounding the reasons behind this bias. In particular, this review will examine the characteristics of deaf offenders in relation to their personalities, language and brain development and abilities to communicate. This paper will consider proposed associations between mental illness and childhood sexual abuse amongst deaf individuals and later sexual offending. This paper attempts to evidence differences between deaf and hearing offenders in order to explain why more deaf offenders commit sexual crimes than hearing offenders. This paper will conclude that the research is scarce and inconclusive and that current assessments and treatment are potentially inadequate due to the profound difficulties associated with accurately understanding and communicating with the deaf offender.     

Is sexually abusive behaviour in personality disordered inpatients analogous to sexual offences committed prior to hospitalization?

Abstract

Sexually abusive behaviour by personality disordered patients presents a serious threat to the integrity of staff–patient relationships and the safety of other residents. The occurrence of such behaviour is also problematic for the offending patient, as it may impact on perceived treatment needs and their access to the community. This paper reports on a study of sexually abusive behaviour in a high security psychiatric hospital. It also examines the relationship between these behaviours and patients’ history of sexual offending. The results showed a high frequency of low-severity sexually abusive behaviour and no significant associations between sexually abusive behaviour during hospitalization and sexual offence history. These findings imply that low-severity sexually abusive behaviour within secure settings may be determined, partly, by environmental conditions. This sexual abuse may also be functionally dissimilar to severe sexual abuse perpetrated in the community. The meaning and determinants of sexual abuse within secure settings must be scrutinized carefully and comprehensively before they are considered analogous to previous sexual offences.     

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.     

Female street sex workers,sexual violence,and protection strategies

Abstract

This paper reviews empirical findings on physical and sexual violence against female street working sex workers, drawing on the findings from the researcher's own study. Thirty-two female street sex workers were interviewed in a city in the South West of England during 1998. The ethical issues of researching female prostitution are discussed in relation to this specific research project. The main findings from the current literature and this original study highlight the possible connections between childhood sexual abuse, entrance into the sex industry at an early age, and continual experience of violence. This paper explores violence from pimps and clients as well as how the street environment exposes sex workers to risk. Concluding discussion explores the self protection strategies of individual sex workers and the female sex work community as a means of maintaining a survivor identity and not a victim identity.     

A Primer on Juvenile Protective Legislation

The parens patriae doctrine is grounded in the proposition that children sometimes need the law's protection from their own improvidence or immaturity, and sometimes even from the conduct of their parents or other caretakers. Parens patriae underlies much state and federal regulation in such areas as abuse, neglect, foster care, adoption, medical decisionmaking, support, and delinquency. The doctrine also underlies the wide range of protective legislation that regulates children's conduct, the subject of this article.     

Keeping children safe in nurseries: A focus on culture and context

Abstract

There have been few reported incidents of sexual abuse within nurseries until recently, when abuse has come to light as a result of investigations into online sexual offending. This paper uses information from serious case reviews to compare two of these incidents with a view to understanding the factors that might contribute to abuse taking place within nurseries. Information from the reviews points to the context and culture of the nursery environment being of key importance, particularly the degree to which relationships and the emotional health of the setting allow the offender to assume a position of power within the group. This has implications for the way in which nurseries are managed and regulated.