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.     

Criteria and methodology for assessing credibility of sexual abuse allegation

This paper will consider three types of interview that are held with sexually abused children. After discussing common problems in technique, it will suggest a methodology designed to help determine a child's credibility and assist in forming and demonstrating a reliable expert opinion for court purposes. Next, it will describe three types of data crucial in investigating allegations of sexual abuse, and will suggest clinical criteria useful in distinguishing true from false allegations. Finally, it will examine the validity of these criteria, comparing them to those of other workers in the field.     

Allegations of child sexual abuse in child custody disputes: a therapeutic assessment model

Guidelines are set forth for judges and others who must make decisions in custody disputes that include allegations of child sexual abuse. The focus is on the protection of the child and the model highlights the role of mental health professionals, prescribing separate therapists for child and parent where possible. Allegations of sexual abuse are seen as an indicator of emotional risk for the child, even in cases where the allegations are untrue.     

“Sex,Lies and Videotapes”: Gathering and Assessing Evidence of Child Abuse in Family Law Cases

Determining the veracity of allegations of child abuse raised in post-separation parenting disputes is difficult, because family courts in Australia do not have their own investigatory power or capacity. They rely on evidence brought before them from State/Territory child protection authorities, police, and other experts who may have interviewed and assessed the child/family. This article describes the gap between Commonwealth and State/Territory responsibilities and mechanisms, and data from a recent evaluation of an innovative program designed to bridge this jurisdictional gap: the Family Court of Australia's “Magellan” case-management model. The views of judges and other key stakeholders from the Family Court and intersecting agencies are presented about the evidence that is put forward in family law disputes in which child sexual abuse or serious physical abuse is alleged. It is important to ensure children's best interests are served, even when it is difficult to adduce evidence and distil truth.     

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.     

Responding to therapists' sexual abuse of adult incest survivors: ethical and legal considerations

Adult survivors of incest are high-risk candidates for subsequent sexual abuse by their therapists. As with incest, therapists' sexual abuse of their patients has become known as "the problem with no name." In addition, many of the ways in which the profession of psychology and the judicial system respond to patients' allegations of sexual abuse by their therapists often parallel the responses family members and authority figures made to the original allegations of incest. This article discusses some of the complex interactions among therapeutic dynamics, ethical and legal issues associated with this professional dilemma, and outlines ways in which the profession might begin to address this dilemma.     

An audit of investigations into allegations of abuse involving adults with intellectual disability

Background The present paper describes the results of an audit of referrals to a psychology service requesting specialist assistance in the investigation of allegations of abuse. Methods The referrals were over a 2-year period and case notes and records were reviewed to analyse the nature of the allegation, the characteristics of the victims or perpetrators, and the process of the investigation and its outcome. Results Twenty-six people were referred for investigation into allegations of sexual or physical abuse. The referrals were for assistance with an investigative interview (n = 12), capacity to give consent to a sexual relationship (n = 8) and competence to give evidence in court (n = 6). The referrals were all in relation to adults, covering a range of ages and degrees of intellectual disability. Conclusions The process of the investigations suggested that a number of barriers still exist which can make decision-making in relation to the alleged abuse extremely difficult. Resolution of the allegations through the criminal justice system was also problematic.     

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.     

Child sexual abuse evaluations in an emergency room: an overview and suggestions for a multidisciplinary approach

The physical and emotional distress associated with child sexual abuse may be compounded when the professional response in the emergency room (ER) to this critical incident is not well planned, comprehensive, and multidisciplinary. The purpose of this article is to provide an overview of the literature on emergency room (ER) evaluations of child sexual abuse and to provide recommendations for a multidisciplinary team approach to conducting these evaluations that includes physicians, nurses, mental health workers, and law enforcement officers.     

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.     

Professionals' Views on Child Sexual Abuse Attrition Rates

Child sexual abuse cases often do not result in convictions; this attrition is due to factors inside and outside the control of the justice system. The aims of the current study were to: (1) establish the most important factors in contributing to the attrition of child sexual abuse; and (2) suggest ways to reduce the attrition associated with these factors. This study focused on system improvements to determine where efforts should be prioritised. The research approach consisted of in-depth interviews with 31 professionals from various disciplines (including police, judges, child welfare officers, doctors and psychologists). The interviewees represented a diverse group of professionals offering unique perspectives. Thematic analysis revealed five broad areas requiring focus for improvement and further reform: greater specialisation, facilitating the accessibility of services, making the trial process more user-friendly, overcoming misinformed beliefs and adequate representation of child sexual abuse. These areas, along with professionals’ practical recommendations, are discussed.     

Sexual Abuse in Adults with Learning Disabilities

This article presents a case study of a young man with severe learning difficulties who was presented to the psychology service following an allegation of sexual abuse. It addresses the difficulties in investigating allegations of sexual abuse, particularly in people whose communication skills are very limited. The methodology used and the difficulties in investigating the abuse will be discussed in relation to the research literature reviewed in a previous article (Fenwick, 1994).     

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.     

Sexual problems associated with dementia: Part 1. Problems and their consequences

Sexual problems associated with dementia fall into four groups: problems involving an established partner, problems involving a new partner, problems occurring independent of a sexual partner (sexual acting out, inappropriate sexual talk, false sexual allegations) and sexual abuse. The whole area has received little attention despite the major consequences for patients, partners and carers.     

False sexual-abuse allegations by children and adolescents: contextual factors and clinical subtypes.

The authors review the empirical literature concerning the frequency of false allegations of sexual abuse as well as the case report literature that describes individual episodes of false allegations in detail. The authors then construct a clinical typology that is derived from the literature and their own clinical experience with similar cases. The specific subtypes of the typology are: (1) False allegation in the context of a custody dispute, (2) false allegations resulting from psychological disturbance on the part of the accuser, (3) false allegation as a conscious manipulation by the child or adolescent and, (4) false allegations based on iatrogenic factors. Clinical examples of each subtype are presented. The case material presented and reviewed indicates the importance of attending to the contextual factors surrounding the allegation and pursuing a detailed comprehensive evaluation that is as free of bias as possible.     

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.