Possible explanations for child sexual abuse allegations in divorce

Based on a clinical sample of 136 cases, four classes of child sexual abuse cases in divorce are proposed: divorce precipitated by discovery of sexual abuse; long-standing sexual victimization revealed after marital breakup; sexual abuse precipitated by marital dissolution; and false allegations made during or after divorce. Implications for clinical practice are discussed.     

Filial dependency and recantation of child sexual abuse allegations

OBJECTIVE: Controversy abounds regarding the process by which child sexual abuse victims disclose their experiences, particularly the extent to which and the reasons why some children, once having disclosed abuse, later recant their allegations. This study examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. METHOD: Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the child, family, and abuse. RESULTS: A 23.1% recantation rate was observed. Multivariate analyses supported a filial dependency model of recantation, whereby abuse victims who were more vulnerable to familial adult influences (i.e., younger children, those abused by a parent figure and who lacked support from the nonoffending caregiver) were more likely to recant. An alternative hypothesis, that recantations resulted from potential inclusion of cases involving false allegations, was not supported. CONCLUSION: Results provide new insight into the process by which children reveal interpersonal trauma and have implications for debates concerning the credibility of child sexual abuse allegations and treatment in dependency samples.     

Professional Issues Related to Allegations and Assessment of Child Sexual Abuse in the Context of Family Court Litigation

This article focuses on the challenge of dealing with allegations of child sexual abuse in the context of the Family Court of Australia. Of all cases that come before the Court, those involving such allegations are relatively uncommon. they tend to be the most difficult cases, however, and are more likely to require a trial and the involvement of qualified practitioners. The review establishes that parental separation is a special circumstance in which sexual abuse may be more likely to occur, and many allegations of sexual abuse are found to be true. There is evidence, however, that a proportion of allegations made by people other than the child concerned may be false. Whether these false allegations are well intentioned and genuinely believed, or maliciously motivated has been a contentious issue. Issues considered include the mishandling of cases, the failure by professionals to consider equally plausible alternative hypotheses than the sexual abuse of a child, confirmation bias, and the profound repercussions of allegations for all members of the family. It is concluded that all allegations of child sexual abuse must be evaluated in a thorough and sensitive manner to separate the few false allegations from the many that are true.     

False allegations of sexual abuse by children and adolescents

The frequency of false allegations of sexual abuse by children and adolescents is of significant legal and clinical importance. The rate of false allegations of sexual abuse is examined in a large sample of Child Protective Services (CPS) cases. The criteria used by CPS workers in judging the validity of allegations are considered, and the relationship between substantiation rates and attitudes about the trustworthiness of child reports of abuse is explored. Many professionals in the field of child sexual abuse are more skeptical of child and adolescent claims of sexual abuse than available research suggests is warranted.     

Understanding Children's Medium for Disclosing Sexual Abuse: A Tool for Overcoming Potential Misconceptions in the Courtroom

Complainants in child sexual assault trials are often questioned by the defence about disclosure of the alleged abuse. The defence will often ask the child how they disclosed the alleged sexual abuse, including to whom the initial disclosure was made. Such questions are legitimate and directed towards testing the complainant's allegations. Sometimes, such questions are used to impeach the complainant's credibility. It is not uncommon in such instances for the defence to suggest that certain modes of disclosure are more consistent with having been sexually victimized and that a complainant who has disclosed otherwise is more likely to have fabricated the allegations of abuse. This article reviews the findings of empirical research on whom victims of child sexual abuse most commonly disclose their abuse to and by what means such disclosure is commonly made. This understanding is important to challenge misconceived views about how victims disclose child sexual abuse.     

Clarifying erroneous child sexual abuse allegations

A review of several hundred court cases involving child sexual abuse allegations has shown that both children and adults make false reports. Various kinds of false reports are defined, described, and grouped according to type: misunderstandings, misreporting, distortion through illness, distortion by design, professional error, misrepresentation, and a grouping of less common instances.     

The assessment of custody and access disputes in cases of sexual abuse allegations

Sexual abuse allegations directed at one parent can arise in the context of custody and access disputes. The role of the clinician, when such allegations occur, is to provide an assessment of the total situation, taking the allegations into account. To assess the probability that sexual abuse has occurred involves a thorough assessment of the accuser, the accused, the accusation, the child, and different family subsystems. Particular attention should be paid to interviewing the young child with detailed focus on the interviewing process, how the interviews are reported and what conclusions may be drawn from them. Following a thorough assessment, the clinician may reach one of three conclusions: that the sexual abuse has probably occurred, has probably not occurred, or is unsure. A strong caution is given against becoming entangled in an endless process of trying to find out whether the allegations are true or false. Whatever conclusions are reached are but one factor in the recommendation regarding custody and/or access. Ultimately the recommendation will be made according to the best interests of the child, taking into account the child's relationships and attachments, as well as the sexual abuse allegations.     

Assessing Alleged Child Sexual Abusers in Noncriminal Contexts: Proposed Guidelines for Practice

Assessing child sexual abuse allegations is a challenging task for any child protection or mental health professional given that the secretive nature of sexual abuse is often associated with limited medical evidence and a lack of independent corroborative information. In addition to the scant evidence available to help decide the case, there are controversies surrounding the legal standard of proof and immense pressure to act quickly to ensure the safety of the children who are allegedly abused. Unfortunately, there is currently a lack of literature pertaining to the assessment of alleged child sexual abusers. This article examines the standard of proof and legal conundrum pertaining to alleged child sexual abuse cases. More importantly, it proposes guidelines for mental health professionals conducting an assessment of such persons. Assessments, if conducted effectively, can assist the court and child protection services in managing the risk of future inappropriate sexual behaviors.     

A conceptual model for judging the truthfulness of a young child's allegation of sexual abuse

Because of the increased number of allegations of sexual abuse made by young children and the often severe legal penalties given to adult perpetrators, there is reason for concern about false or mistaken accusations. This paper develops a conceptual model for judging the truthfulness of such allegations by a young child.     

Interview criteria for assessing allegations of sexual abuse in children and adults

Freud's dilemma with regard to whether or not he should believe his patients' allegations of sexual abuse in childhood is well known. A century later, psychoanalysts are still dealing with this important issue. In this article, I describe the criteria I have developed in recent years, criteria that have been useful for me when attempting to determine whether my child and adult patients' allegations of sex abuse are more likely to be true or more likely to be false. Although these differentiating criteria were developed in the context of forensic evaluations, they should prove useful in clinical settings as well.     

Knowledge of Eyewitness Identification Issues: Survey of Public Defenders in New South Wales

This article explores the legal and clinical processes underpinning gender differences in Australian Family Court statistics which show that mental illness is the primary reason for limiting mothers’ contact with their children. Analysis of a sample of published judgments from 2009 to 2011 featuring mental illness and outcomes of limited child contact identified that allegations of child sex abuse were a common feature of cases in which mothers’ child contact was limited. Four illustrative cases are presented with a focus on the processes used in the identification of mental illness. The data indicate that there are different patterns of response to cases where a party has a previously diagnosed mental illness and cases where mental illness is invoked as a possible explanation for child sex abuse allegations. These identified patterns of differentiated response provide a possible explanation for the gender disparity in Family Court reasons for limiting child contact on the grounds of mental illness.     

Purpose and utility of child custody evaluations: the attorney's perspective

This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals. Fifty-nine attorneys completed an anonymous survey designed to ascertain their opinions about: (1) what factors prompt a custody evaluation, (2) expectations regarding evaluation procedures, (3) the utility of the resultant report, and (4) the impact of evaluations on litigation. Findings indicate that attorneys are most likely to seek child custody evaluations in the context of allegations regarding physical abuse, sexual abuse, or parental fitness. In addition, attorneys reported that they expect a very comprehensive evaluation procedure and find utility in an inclusive report. Finally, survey findings suggest that custody evaluations play a significant role in decisions to negotiate a settlement rather than proceed to trial. Limited available research and current practice related to these findings are reviewed.     

Therapeutic management of sexual abuse allegations in custody and visitation disputes

Our experience is that in many cases, trying to assess the "truthfulness" or "falseness" of sexual abuse allegations that occur in the midst of custody and access disputes may not be possible. Instead therapeutic management of such cases is advocated. A case is presented in which sexual abuse was suspected because the recanting child displayed sexualized symptoms. Following a thorough assessment, which indicated that the child was abused, but could not confirm who the offender was, both the child and the mother were seen in psychotherapy on a regular basis. The father used counselling to achieve rights for visitations. The building of a therapeutic relationship allowed us to experiment with the situation to where we felt we could identify the potential offender who had to be kept away from the child. In addition, the therapeutic relationship enables this family to come to us to resolve their disputes rather than use the judicial system.     

The therapist in child sexual abuse: the context of helping

Professional response to childhood sexual abuse has evolved through three stages: (1) discovery of the problem, (2) identification of abuse victims and support for disclosure, and (3) emphasis on forensic issues. The importance of treating victims and offenders is emphasized, as opposed to overinvestment in the validation and prosecution of abuse allegations.     

Specificity and sensitivity of sexually anatomically correct dolls in substantiating abuse: a pilot study

Sexually anatomically correct dolls are often used to verify or refute allegations of sexual abuse in young children. As a test of their effectiveness in facilitating decisions about the abuse status of young children, the authors conducted blind interviews with six abused subjects, five nonclinic controls and four psychiatric controls. The child psychiatrist interviewer followed a standardized protocol and was able to correctly categorize 33% of the abused and 67% of the nonabused children. Proper classification was 53% for the sample using this protocol. The authors' preliminary conclusion is that, without other information available to the interviewer, sexually anatomically correct dolls are a poor source of information to decide the abuse status of a young child. The authors recommend that professionals should be cautious when basing decisions on a single instrument, such as sexually anatomically correct dolls. Mental health professionals are encouraged to maintain quality standards in evaluation of children by conducting a comprehensive examination in child sexual abuse cases.     

Allegations of Sexual Abuse in the Family Court of Australia: Implications of Re W (Sex Abuse: Standard of Proof) [2004] FLC 93–192

In 2004 the Full Court of the Family Court of Australia heard an appeal in the matter of Re W (Sex Abuse: Standard of Proof) [2004] FLC 93–192. This decision has substantially changed the standard of proof expected of judges and Federal Court magistrates before they can find that a child may be exposed to an ‘unacceptable risk of sexual abuse’. This also has consequences for decisions about the time child(ren) should spend with a parent who is the alleged perpetrator of the abuse. The article examines the basis of the Full Court's decision and a number of other decisions in matters involving child sexual abuse allegations.     

The federal Model Child Care Standards Act of 1985: step in the right direction or hollow gesture?

Child care quality has resurfaced as an important policy issue, buttressed by demographic data, increased knowledge about the current status of child care programs, and recent allegations of sexual abuse in child care settings. This article evaluates the likely effectiveness of the Reagan administration's major response--the 1985 Model Child Care Standards Act--in assuring that children receive quality care in their early years.     

The social construction of child sexual abuse: Debates about definitions and the politics of prevalence

Public and professional perceptions of the prevalence of child sexual abuse have been influenced by studies which use vague and inconsistent definitions of abuse including non‐contact behaviours. Overestimates of the prevalence of child sexual abuse, like that of other social problems, have been used as a form of “claims making” in order to place this previously unrecognised problem on the political and social agenda. However, there are risks associated with such a strategy. One of these is that if the prevalence of child sexual abuse is seen to have been exaggerated, those advocating for the needs of sexually abused children may be discredited and the seriousness of the problem minimised. Another risk is that professionals may overdiagnose cases of child sexual abuse, with serious consequences for both children and their families.     

Prevention of child sexual abuse

Child sexual abuse prevention programs are a growing phenomenon addressing an expanding number of topics raised by a variety of violent and perverse acts. Currently programs tend to focus on a fairly narrow age group and use an educational model for children. There is a need for broad-based programs with a strong focus on the adults around children. Perinatal prevention programs require an adult focus and must take advantage of a special time in child and family development to address lesson of health and intimacy in a way that may decrease the incidence of future child sexual abuse.     

Family dysfunction and the psychological impact of child sexual abuse

This paper presents the view that family dysfunction in intra- and extra-familial child sexual abuse can be considered apart from the sexual trauma and can be seen as having important independent psychological consequences. Family dynamics are discussed as they relate to both types of sexual abuse and as they relate to the context of disclosure of the events. A direct link is suggested between such dynamics and the psychological problems experienced by the child victims. Recommendations for research and therapy are also made.