“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.     

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.     

Counterintuitive Expert Psychological Evidence in Child Sexual Abuse Trials in New Zealand

The Evidence Act 2006 came into law in New Zealand in 2007. Among the many reforms was an amendment to the law pertaining to expert opinion evidence. In keeping with other jurisdictions, New Zealand adopted the “substantial helpfulness” test in relation to the admissibility of expert evidence. Since 2008, the courts have regularly admitted what has been termed “counterintuitive” expert psychological evidence in child sexual abuse trials, and appellate courts have upheld the use of this evidence. Such evidence has the purpose of educating juries, with particular reference to commonly held misconceptions about child sexual abuse. We discuss what is meant by the term counterintuitive evidence, why such evidence has been deemed helpful and the types of counterintuitive evidence currently given by psychologist expert witnesses in the New Zealand courts.     

Forensic psychiatry in France: the Outreau case and false allegations of child sexual abuse

During the Outreau case in France, 13 individuals were falsely accused of child sexual abuse and incarcerated. The author of this article testified as a psychiatric expert when the convictions were appealed. He explains how purposeful false statements by adults, inept expert witnesses, and the judicial assumption that children do not lie converged to create a tragic legal outcome. This article explains how psychiatric experts should conduct evaluations in cases of alleged child sexual abuse.     

When psychological science fails to be heard: the lack of evidence-based arguments in a ministerial report on child sexual abuse

One of the most debated issues in relation to child sexual abuse (CSA) is whether there should be a limitation period for prosecutions. In 2017 a French ministerial report was released proposing extension of the limitation period in part because of the sometimes long delay between the alleged events and the disclosure of the abuse. For this, the report relied on dissociative amnesia. It also advocated for the development of child victim interview protocols by victim associations. We show that dissociative amnesia is not consensual within the scientific community. Instead, we recommend scientifically reliable cognitive principles to explain the lack of memory. Moreover, interviewing techniques for children have already been designed by memory researchers to enhance recall and report of CSA, from which any uncontrolled deviation might put the child’s testimony at risk. We conclude by advocating for the use of evidence-based psychology, and for co-operation between practitioners, judges and researchers.     

Child Sexual Abuse Research: Challenges of Case Tracking Through Administrative Databases

Child sexual abuse has a serious impact on victims, their families and the broader community. As such, there is a critical need for sound research evidence to inform specialist responses. Increasingly, researchers are utilising administrative databases to track outcomes of individual cases across health, justice and other government agencies. There are unique advantages to this approach, including the ability to access a rich source of information at a population-wide level. However, the potential limitations of utilising administrative databases have not been fully explored. Because these databases were created originally for administrative rather than research purposes, there are significant problems with using this data at face value for research projects. We draw on our collective research experience in child sexual abuse to highlight common problems that have emerged when applying administrative databases to research questions. Some of the problems discussed include identification of relevant cases, ensuring reliability and dealing with missing data. Our article concludes with recommendations for researchers and policy-makers to enhance data quality.     

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.     

Different Traumatic Experiences are Associated with Different Pathologies

We tested the hypothesis that different traumatic experiences will contribute in variable degree to different mental pathologies. A total of 223 young adult non-patients were assessed with the help of self-reports. The role of six different trauma experiences (broken home, dysfunctional family, family violence, child sexual abuse, child severe sexual abuse and adult sexual abuse) in six different conditions/pathologies (alexithymia, depression, somatization, borderline, overall physical health and overall mental health) was tested in a series of multivariate analyses of variance and of Roy-Bargmann stepdown analyses. The hypothesis was confirmed: Individual traumatic experiences were indeed associated with different pathologies. Specifically, sexual abuse predicted borderline pathology, severe child sexual abuse somatization, and dysfunctional or broken family depression. Family violence was associated with worse overall mental health and alexithymia, whereas no trauma variable could be identified to be associated with overall physical health. Most of these individual relationships were reported in the literature, based on results obtained in different clinical samples. Our results were won in a sample of young non-patients controlling for overlap between pathologies.     

Prediction of Jury Verdicts in Child Sexual Assault Trials

Child sexual abuse allegations are typically resolved by jury trial. The presence of a number of variables, known before a trial commences, may play a significant part in trial outcomes beyond jurors’ assessment of witness credibility. New Zealand Crown Prosecutors completed survey questionnaires for 137 trials related to charges of sexual offending against children. Nine trial variables were recorded along with other trial data. The hypothesis was confirmed that the presence of any three or more of the nine evidential variables was significantly predictive of conviction on at least one sexual offence per trial. The results were similar for the total sample and the two subgroups of historical cases and the child cases with complainants aged younger than 17 years at the time of trial. The three variables most strongly associated with conviction were similar fact evidence, evidence from a witness to the offending, and positive medical evidence or DNA evidence.     

When sexting conflicts with child sexual abuse material: the legal and social consequences for children

When children participate in online sexual behaviour, such as ‘sexting’, there can be a range of legal and social consequences. Criminal law in Australia does not consistently address sexting, which means that in some jurisdictions, children who participate in sexting can be liable for offences related to child sexual abuse material (CSAM). Children who are 16 or 17 years old have reached the age to consent to sexual activity, yet the law, in many jurisdictions, does not allow them to participate in sexting. This paper seeks to reconceptualise sexting among older children as a separate practice to possessing and/or distributing CSAM. It explores the socio-legal considerations which arise when older children possess and share intimate online material, including how the age of consent to sexual activity is relevant to their participation in sexting.     

Vulnerability of witnesses with learning disabilities: preparing to give evidence against a perpetrator of sexual abuse

Testifying in court to sexual abuse is always stressful and can be particularly problematic for a witness with learning disabilities (LDs). The present case report illustrates the assessment of capacity in relation to issues such as consent, competence and ability to withstand court procedures of a witness with LDs who alleged abuse by her paid carer. It describes the support offered to her by a number of agencies, including the police, and the health and social services. Finally, new legislation is described that might enable vulnerable witnesses, including some people with LDs, to give their best evidence in criminal proceedings.     

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.     

The role of child sexual abuse in the etiology of suicide and non-suicidal self-injury

Maniglio R. The role of child sexual abuse in the etiology of suicide and non‐suicidal self‐injury. Objective: To address the best available scientific evidence on the role of child sexual abuse in the etiology of suicide and non‐suicidal self‐injury. Method: Seven databases were searched, supplemented with hand‐search of reference lists from retrieved papers. The author and a psychiatrist independently evaluated the eligibility of all studies identified, abstracted data, and assessed study quality. Disagreements were resolved by consensus. Results: Four reviews, including about 65 851 subjects from 177 studies, were analyzed. There is evidence that child sexual abuse is a statistically significant, although general and non‐specific, risk factor for suicide and non‐suicidal self‐injury. The relationship ranges from small to medium in magnitude and is moderated by sample source and size. Certain biological and psychosocial variables, such as serotonin hypoactivity and genes, family dysfunction, other forms of maltreatment, and some personality traits and psychiatric disorders, may either act independently or interact with child sexual abuse to promote suicide and non‐suicidal self‐injury in abuse victims, with child sexual abuse conferring additional risk, either as a ‘distal’ and indirect cause or as a ‘proximal’ and direct cause. Conclusion: Child sexual abuse should be considered one of the several risk factors for suicide and non‐suicidal self‐injury and included in multifactorial etiological models.     

Group therapy for boys who have experienced sexual abuse: Is it the treatment of choice?

Although a growing body of evidence suggests that sexual abuse of boys is a serious and prevalent problem and that abuse may have a range of negative mental health effects, very little attention has been focused on the treatment of victimized males. The present study was designed to assess, through the use of behavioral measures, the utility of a group therapy program for boys who have experienced sexual abuse. Twelve boys, aged 7 to 10, participated in the study. Six of the boys were involved in a 12-week group treatment program at the University of Manitoba, while the remaining six children were assigned to a wait-list comparison group. Measures of various behavioral problems, including sexualized behavior, were completed by children's caregivers during pre- and post-treatment assessments. It was hypothesized that boys receiving group therapy would experience improvements in measured behavior over the course of the group intervention, and that improvements would be greater than those of boys in the wait-list comparison group. Analyses indicated that children in the treatment condition did experience improvements over the course of the intervention, although the effects of the treatment program varied considerably from child to child. Implications of the findings are discussed and suggestions are offered regarding future work with boys who have experienced sexual abuse.     

Protecting Australia's Children: A Cross-Jurisdictional Review of Domestic Violence Protection Order Legislation

Increasingly, domestic violence is being treated as a child protection issue, and children affected by domestic violence are recognised as experiencing a form of child abuse. Domestic violence protection order legislation – as a key legal response to domestic violence – may offer an important legal option for the protection of children affected by domestic violence. In this article, we consider the research that establishes domestic violence as a form of child abuse, and review the provisions of State and Territory domestic violence protection order legislation to assess whether they demonstrate an adequate focus on the protection of children.     

On being invisible in the mental health system

The author provides a case study of her daughter's sexual abuse as a child and subsequent experiences as a chronically mentally ill client in the mental health system. Information from 17 years of mental health records and anecdotal accounts are used to illustrate the effects of the abuse, her attempts to reach out for help, and the system's failure to respond. There is evidence that a significant subset of psychiatric patients were severely sexually traumatized in childhood. Yet standard interview schedules consistently neglect to ask questions about such abuse, appropriate treatment is seldom available, and clients are often retraumatized by current practices. Psychiatry's historic resistance to addressing abuse as etiology is being challenged today by powerful economic, political, and professional forces leading to the emergence of a new trauma-based paradigm.     

A Study of the Relationship between Investigators’ Personal Characteristics and Adherence to Interview Best Practices in Training

In the past 20 years, guidelines have been developed to help interviewers investigate cases of alleged child sexual abuse (CSA), but few studies have assessed investigators’ abilities to adhere to these guidelines. This study aimed to evaluate whether some investigative interviewers’ personal attributes are related to their performance in a mock investigative interview with a child victim of sexual abuse. Assessment was conducted in a police training context. A total of 24 French Canadian police investigators followed a one-week training program aimed at using the National Institute of Child Health and Human Development (NICHD) interview protocol. These investigators performed a mock interview at the end of the training to test their practical competence. They also filled out three questionnaires assessing their cognitive abilities, emotional intelligence, and personality traits. Interview performance was positively related to cognitive abilities, female gender, and the personality trait of Openness to Experience, and negatively related to stress management and level of experience. Four regression models are presented to explain interview performance variance. The results of this study show that some personal characteristics, such as cognitive abilities, personality, gender and experience, affect investigative interviewers’ performance with a child victim of sexual abuse in a police training context.     

A practical approach to sexual abuse allegations: Netherlands Expert Committee for Equivocal Sexual Abuse Allegations

Equivocal sexual abuse allegations are those in which the details of the alleged offence(s) are uncertain. The circumstances are ambiguous, there is limited evidence, and it is unclear how police investigations should proceed. This article discusses the challenges such allegations pose for police, prosecution, judges and mental health experts, and advocates for the use of multidisciplinary expert opinion during the investigation. The practical application of this approach by the Netherlands Expert Committee for Equivocal Sexual Abuse Allegations (LEBZ) is described, which has assessed over 900 cases since its inception in 1999. The LEBZ approach represents a significant innovation in police and criminal justice responses to equivocal allegations of sexual assault, which warrants consideration in other jurisdictions.Key words: expert testimony, investigative psychology, multidisciplinary approach, sexual abuse allegations     

Child sexual abuse in the etiology of depression: A systematic review of reviews

Background: Despite a large amount of research, there is considerable controversy about the role that child sexual abuse plays in the etiology of depression. To prevent interpretative difficulties, mistaken beliefs, or confusion among professionals who turn to this literature for guidance, this article addresses the best available scientific evidence on the topic, by providing a systematic review of the several reviews that have investigated the literature on the issue. Methods: Seven databases were searched, supplemented with hand search of reference lists from retrieved papers. The author and a psychiatrist independently evaluated the eligibility of all studies identified, abstracted data, and assessed study quality. Disagreements were resolved by consensus. Results: Four reviews, including about 60,000 subjects from 160 studies and having no limitations that could invalidate their results, were analyzed. There is evidence that child sexual abuse is a significant, although general and nonspecific, risk factor for depression. The relationship ranges from small‐to‐medium in magnitude and is moderated by sample source. Additional variables may either act independently to promote depression in people with a history of sexual abuse or interact with such traumatic experience to increase the likelihood of depression in child abuse survivors. Conclusions: For all victims of abuse, programs should focus not only on treating symptoms, but also on reducing additional risk factors. Depressed adults who seek psychiatric treatment should be enquired about early abuse within admission procedures. Depression and Anxiety, 2010. © 2010 Wiley‐Liss, Inc.