Children,Sexual Abuse and Suggestibility: What Laypeople Think They Know and What the Literature Tells Us

This article summarizes the extensive research literature on laypeople's and jurors' beliefs about children's memory, suggestibility and responses to child sexual abuse. In particular, it discusses the extent and types of misconceptions held by laypeople/jurors, as well as the effects of age, education and gender on those misconceptions. The results from an analysis of mock jury studies where different types of expert testimony were presented are then considered in order to understand the types of expert testimony that would be admissible in courts in Australia, with a particular focus on the Uniform Evidence Act. As a result of this analysis, particular reform options are discussed and recommended in order to counter juror misconceptions in child sexual abuse trials.     

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.     

Community Members' Beliefs about Children in Australian Courts

The present study investigates the beliefs held by community members regarding child witnesses, with some emphasis on cases where a child is involved in a claim of sexual abuse. Responses to a survey of beliefs about children of different ages were collected from 204 Queenslanders of jury-eligible age. Results showed a variety of beliefs were held, with some differences between beliefs about younger and older children, particularly in terms of beliefs about memory abilities and suggestibility. Beliefs were also somewhat varied in terms of participants' age, gender, parental status and educational level.     

“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.     

Other misconduct evidence in appeals against conviction in child sexual abuse trials

Child sexual abuse (CSA) trials may feature evidence relating to behaviours beyond the charges laid. This ‘other misconduct’ evidence can add context to the offending and may relate to more than one complaint or victim, indicating a pattern of thinking and behaviour, or that multiple incidents are unlikely to be coincidental. Directions to the jury regarding such evidence are complex and error prone, giving grounds for appeal. This study investigates successful appeals against conviction based on other misconduct evidence by analysing child and adult sexual assault cases listed in the Supreme Court of Appeal (Victoria) between 2004 and 2014. The appeals were equally successful in child and adult cases and equally likely to result in retrial. Specific errors in directions were identified and explanations are presented. Jury directions continue to be a source of error in sexual assault trials and can result in further attrition from the criminal justice system.     

The Impact of Perpetrator Gender on Male and Female Police Officers' Perceptions of Child Sexual Abuse

Research in America, Canada and England indicates that professionals involved in the investigation of child sexual abuse cases have differing perceptions of seriousness, punishment and impact on the child, based on the professional's gender and the perpetrator's gender. The aim of this study was to investigate if such gender effects are prevalent in Australian child-abuse investigators, specifically the police. To assess this, 361 Australian police officers responded to a self-report questionnaire relating to a vignette describing child sexual abuse. The questions examined the police officer's perception of seriousness of the incident, the police action they would take and the perceived impact on the child. The vignette described the perpetrator as either male or female, with 172 police officers responding to the female perpetrator vignette and 189 responding to the male perpetrator vignette. The results indicated that, unlike overseas research findings in this area, the police officers' gender did not influence their perception of child sexual abuse, their perceived impact on the child, or the police action they would take. The gender of the perpetrator did however influence these factors, with a gender bias in favour of the female perpetrator. This finding is consistent with overseas research and is a factor that those working in the area should be aware of to ensure incidents involving female perpetrators are not underestimated or dismissed.     

Mode of Children's Testimony and the Effect of Assumptions about Credibility

Due to changes in legislation, children's testimony in many jurisdictions can be presented differently to the way in which most adults’ testimony is presented. The present research was conducted to investigate whether the various ways in which children's testimony is given affects how child victims in cases of child sexual assault are perceived in terms of reliability and how their testimony is evaluated. We examined the effect of giving testimony in court via closed-circuit TV (CCTV), via a pre-recorded testimony, and a combination of the two. The results indicate that the timing of the recording of the testimony, and the presence of the child in court, did affect the use of stereotypes in ratings of the case. Stereotypes about children's memories had an effect when an early recording of the child's testimony was lacking and when the child did not appear in court. Furthermore, the effect of these stereotypes was mediated by perceptions of the honesty and accuracy of the child in the case. This indicates that jurors do appear to use assumptions about children's memories and authenticity when making decisions in these kinds of cases.     

Professionals’ Perspectives about the Challenges of Using Interpreters in Child Sexual Abuse Interviews

Interpreters play a crucial role in many investigative interviews with child complainants of sexual abuse; however, little has been written about the interpreting process from the perspective of the interviewers. This study elicited interviewers’ perspectives about the challenges of using interpreters, with the aim of understanding how investigative interviews could be improved. The participants consisted of 21 investigative interviewers and prosecutors of child abuse cases (from a range of jurisdictions) who use interpreters on a regular basis. Thematic analysis of semi-structured interviews with the professionals about the interpreting process revealed two main challenges particular to child abuse interviews, namely the interpreters’ lack of preparedness to deal with the traumatic and sensitive nature of children's abuse histories, and an insufficient understanding of ‘best-practice’ child interview process. The recommendations focus on the need for more specialised training for, and screening of, interpreters, and more extensive use of pre-conferencing to familiarise children with the interpreter-mediated interview process.     

Judicial Perceptions of Jurors' Understanding of How Children Respond to Sexual Victimisation

This article examines judicial views in Australia and overseas on juror understanding of the behavioural responses of children to sexual victimisation. The article highlights that some judges in Australia perceive jurors as being sufficiently knowledgeable on this subject matter so as not to warrant the use of expert opinion evidence in child sexual assault trials. In contrast, many judges in the United States and Canada have concluded to the contrary, that jurors lack sufficient understanding of the behaviour of sexually abused children and the underlying dynamics of child sexual abuse so as to necessitate the use of expert evidence at trial. Such stark differences in judges' assessment of jurors' understanding of this subject matter give rise to questions regarding the basis upon which judges are making such conclusions and the validity of these conclusions. This article points to the fact that judges in Australia and overseas have seemingly reached decisions in relation to this issue on the basis of their own subjective views without any recourse to more objective data, such as the findings of empirical research. Such subjective decision-making introduces potential bias into the trial process.     

Psychiatric morbidity in adult survivors of childhood trauma

This review focuses on child sexual abuse (CSA) as a prototype of childhood trauma and evaluates the evidence on psychiatric morbidity in adult survivors. An association between CSA and a wide range of psychiatric morbidity has been consistently documented in general population studies. The interpretation of this observed association is fraught with uncertainty that stems primarily from: (1) the retrospective nature of the data on CSA from adults' reports on their early experiences; (2) the adverse family context in which it occurs, which presents a major challenge for evaluating the effect of CSA per se; (3) the well documented lifetime comorbidity among psychiatric disorders, which leaves open questions about the specificity of CSA outcomes in adulthood. Twin study methods offer a solution to the problem of the familial context of CSA. Ascertainment of age of onset of adult disorders in future studies would increase the utility of findings for formulating psychological and biological causal models on the CSA-adult disorders connection. However, the retrospective nature of data on child abuse, because of legal and ethical restraints on research on children, is a formidable obstacle to advancing knowledge in this field.     

Trauma‐focused cognitive behavioral therapy for children: impact of the trauma narrative and treatment length

Background: Child sexual abuse (CSA) is associated with the development of a variety of mental health disorders, and Trauma‐Focused Cognitive Behavioral Therapy (TF‐CBT) is an established treatment for children who have experienced CSA. However, there are questions about how many TF‐CBT sessions should be delivered to achieve clinical efficacy and whether a trauma narrative (TN) component is essential. This study examined the differential effects of TF‐CBT with or without the TN component in 8 versus 16 sessions. Methods: Two hundred and ten children (aged 4–11 years) referred for CSA and posttraumatic stress disorder symptoms were randomly assigned to one of the four treatment conditions: 8 sessions with no TN, 8 sessions with TN, 16 sessions with no TN, and 16 sessions with TN. Results: Mixed‐model ANCOVAs demonstrated that significant posttreatment improvements had occurred with respect to 14 outcome measures across all conditions. Significant main and interactive effect differences were found across conditions with respect to specific outcomes. Conclusions: TF‐CBT, regardless of the number of sessions or the inclusion of a TN component, was effective in improving participant symptomatology as well as parenting skills and the children's personal safety skills. The eight session condition that included the TN component seemed to be the most effective and efficient means of ameliorating parents' abuse‐specific distress as well as children's abuse‐related fear and general anxiety. On the other hand, parents assigned to the 16 session, no narrative condition reported greater increases in effective parenting practices and fewer externalizing child behavioral problems at posttreatment. Depression and Anxiety, 2011. © 2010 Wiley‐Liss, Inc.     

Do Simple “Groundrules” Reduce Preschoolers' Suggestibility About Experienced and Nonexperienced Events?

In this article, we argue that a public health approach to child sexual abuse (CSA) is needed in Australia. We outline the high prevalence rates of CSA and the costs of chid abuse, followed by the emotional effects and potential physiological consequences of CSA. We argue that the prevalence of CSA combined with its far-reaching implications clearly establish its status as a public health problem. We then outline the current Australian approach to CSA and the inadequacies of such strategies. We suggest what is needed for Australia to take preventative action on this serious social and public health problem.     

Treatment of adolescent psychoses with olanzapine: A preliminary report

Background: The empirical and theoretical literature on children's autobiographical statements about child sexual abuse and other forms of maltreatment should be of potential importance to all professionals who regularly interview children as part of their professional duties. Aims: To present an introduction to this field. Methods: Narrative review. Results: Preschool children appear to be capable of providing reliable testimony on highly salient personal experiences such as sexual abuse, though a substantial proportion of children may choose not to. However, suggestive interviewing practises, particularly when used with younger children, may elicit false allegations. There is little evidence to suggest that experiences from the preverbal period of life can later be meaningfully reconstructed by means of statements or clinical signs. Conclusions: Use of children as witnesses and informants requires special considerations, knowledge and skills.     

Children as Witnesses to Homicidal Violence: What They Remember and Report

The present study investigated how 96 children who have witnessed homicidal violence remember and report their experiences. The aims of the study were to describe the children's reporting pattern and to investigate background factors that could affect the children's reporting. Police interviews with the children were analysed regarding the amount and type of information reported, as well as frequency of denial, withholding and claims of memory loss. Results showed that the majority of children provided detailed reports about the homicidal violence they had witnessed, including critical details about the abuse. Results also revealed that the child's relationship to the perpetrator or the victim did not affect the children's reporting pattern, indicating that the children's willingness to report exceeds strong impact factors such as loyalty conflicts. These findings are applicable in different legal contexts dealing with child witnesses and can be used as guidance when interviewing children and evaluating their testimony.     

Measuring Community and Service Provider Attitudes to Child Sexual Abuse in Remote Indigenous Communities in Western Australia

This study aimed to evaluate a scale to measure attitudes to child sexual abuse (CSA) in remote Australian Indigenous communities. The scale was developed to gauge attitudes that may be inhibiting the reporting of cases of CSA to police, as well as to evaluate whether interventions that focused on collaborative relationships between community members and police resulted in changes in attitudes. Participants included service providers living outside the community (58%), community members (living within the community; 9%), and service providers who were also community members (33%); 18% of participants identified as Indigenous. Principal components analysis revealed a nonintuitive six-factor solution that did not support the original four concepts. Four intuitive factors emerged from an abridged version of the scale: entrenched issues, personal understanding and knowledge, communication between community and government, and community action. The scale detected significant differences between community status and between Indigenous status groups on some factors.     

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.     

Abuse Of Child Rights: Experiences From East Africa

Abstract

The rampant cases of child abuse, neglect and exploitation are a disturbing phenomenon throughout the world today. The increase in the number of reports of cases does not make it a new issue. It has a close link with resurgence of the women's rights issue and the realization that women and children are the most affected sections of society when life becomes difficult.

The concern for children's welfare by the world community is reflected in the United Nations Convention on the Rights of the Child, which was ratified by 168 nations.

Child abuse to date takes many forms which include physical, sexual, psychological and emotional aspects. This presentation reflects some of the experiences from West Africa and examines the various forms of child abuse and its dynamic character, the causes and the consequences for the growth and development of the child. Further it examines some of the practical interventions that have been developed and applied in East Africa. These can range from those which place more emphasis on the interventions that involve the victims of abuse in problem solving to those which focus on value systems in African culture to reduce the occurrence of factors leading to child abuse.     

Child witnesses in the criminal courts: Furthering New Zealand's commitment to the United Nations convention on the rights of the child

Key issues highlighted in the international literature that impact on New Zealand's commitment to the United Nations Convention on the Rights of the Child are discussed. Recent changes to the law regarding how children give evidence has facilitated children's participation in the criminal justice system in New Zealand. However, in themselves these advances are not sufficient to satisfy Article 3(1) of the Convention concerning the paramountcy of the best interests of the child. The authors contend that it is also necessary to reduce long delays in hearings, improve waiting facilities in the court building, educate children for court, give children more control over how they give their evidence, clarify acceptable support for children in court, train lawyers and Judges in issues concerning children's evidence, and debrief children after court. International research related to these issues is reviewed. It is argued that addressing these issues not only furthers New Zealand's commitment to the UN Convention, but also serves to ensure a fair and just determination of cases.     

The interactive effect of blame attribution with characteristics of child sexual abuse on posttraumatic stress disorder

The present study examined the role of attributions of blame for child sexual abuse (CSA) in posttraumatic stress disorder (PTSD) symptoms. The interactive effects of attribution of blame with characteristics of abuse on PTSD were studied. A sample of 151 female victims of CSA participated in the study. Self-blame and family blame were related to higher PTSD scores, whereas perpetrator blame was not related to PTSD. The strength of the relationship between blame and PTSD score was higher in cases of more severe, isolated, and extrafamilial abuse. The findings suggest that diminishing self-blame attributions may be particularly advantageous in cases of isolated and extrafamilial CSA, whereas diminishing family blame would be more advantageous in cases of severe abuse.