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.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

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.     

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.     

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.     

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.     

Female-perpetrated sexual abuse: a review of victim and professional perspectives

Abstract

Professional attitudes towards female-perpetrated sexual abuse (FPSA) reportedly reflect the gender-role expectations found in broader society, which cast males almost exclusively as sexual aggressors or willing sexual recipients, females as sexually non-coercive or victims and male-perpetrated sexual abuse as particularly significant or injurious. Such views, however, appear to stand in contrast to the perspectives of individuals who have experienced FPSA. This paper details a systematic review of peer-reviewed quantitative and qualitative literature examining these different (professional and victim) perspectives. Although the methodological shortcomings of primary papers limit the conclusions that can be drawn, the findings suggest that victim and professional perspectives of FPSA remain discrepant; professionals generally considered FPSA as less serious, less harmful and less deserving of investigation than male-perpetrated abuse; while victims of FPSA felt their experiences influenced significantly their psychological wellbeing and abilities to form and maintain interpersonal relationships. These findings are discussed in relation to professional practice and suggestions for future research.     

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.     

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.     

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.