Medical evidence in child sexual assault cases

Purpose – Previous studies suggest that the presence of medical evidence is rare in child sexual assault (CSA) cases, and if present at all, such evidence is unlikely to identify a specific assailant. This study aims to examine the role medical evidence plays in criminal cases of CSA. Specifically, the prevalence of medical evidence in CSA cases, its impact on decisions to prosecute CSA cases, as well as its effect on conviction rates are examined.

Design/methodology/approach – A systematic literature review was conducted on the impact of medical evidence in criminal child sexual abuse (CSA) cases.

Findings – The results of the review suggest medical evidence increases the likelihood of prosecution; however the impact of medical evidence on conviction rate is equivocal.

Research limitations/implications – The implications of these findings for legal and psychological practice, government policy and future areas for academic research are discussed.

Originality/value – To the authors' knowledge, no other review has systematically examined the role of medical evidence on the prosecution and conviction of CSA cases.

Mock jury attitudes towards credibility, age, and guilt in a fictional child sexual assault scenario

Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

Attitudes towards younger and older victims of child sexual assault

The findings of this thesis showed that while mock jury groups perceived older children as less credible, other factors such as lack of evidence and testimony were important considerations in the determination of guilt.

Sentencing in child sexual assault cases: factors influencing judicial decision-making

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. © 2013 Copyright National Organisation for the Treatment of Abusers.

A case study of child sexual abuse within a Church community

A case study is presented of child sexual assault within a church community. How does a church community deal with the accusation of an adolescent female that-as a 13-year old-she was sexually victimised and assaulted by her then 18-year old boyfriend, five years her senior? Practical and pastoral issues, as well as ethical and legal concerns are addressed. Consideration is also given to the theological context of the church environments in which the situations arise. The implications for victims, perpetrators, leaders, and the church community of our actions-and failure to take appropriate action-are described, along with recommendations for prevention, and best practice in dealing with the sexual abuse of minors within church communities.

Prosecutors' perspectives on clarifying terms for genitalia in child sexual abuse interviews

In investigative interviews with alleged victims of child sexual abuse, professionals must establish the nature of the alleged abuse by determining what body parts were involved in the offending. This can be difficult, however, because children often use colloquial (non-anatomical) terms to describe genitalia, and there has been little direction for interviewers about clarifying these terms sufficiently to establish the charge. The aim of this study was to address the need for guidance from prosecutors about the level of clarity in terms required from a legal perspective, and how this clarity can be achieved. A focus group of nine prosecutors (representing all but one Australian State and Territory) were asked to consider what degree of clarity in terminology for genitalia was adequate and how such clarity could be achieved. Thematic analysis revealed that a reduction in specific questioning around genitalia would improve the usefulness of investigative interviews with children from a legal perspective. Recommendations for improving interviews about abuse with child witnesses are discussed. © 2014 The Australian Psychological Society.

Professionals' perceptions of a new model of sexual assault investigation adopted by Victoria Police

This article presents a qualitative evaluation of a new method of operation for sexual assault investigation developed by Victoria Police. The model is characterised by two core components: the establishment of specialist teams of investigators responsible for investigation and victim support; and the establishment of service sites, referred to as 'Multidisciplinary Centres', where all key services are located in a single building separate from police stations. The research approach consisted of in-depth interviews with 90 stakeholders (police, counsellors, medical officers, child protection workers and prosecutors). Collectively, these interviews revealed strong, unanimous support for the ideologies that underpinned the new reforms. Reported outcomes included the following: improved collaboration; increased victim satisfaction, referrals between professionals and reporting rates; reduced response and investigation times; better quality briefs; and higher prosecution and conviction rates. These findings, along with the stakeholders' suggestions for further improvements, are discussed.

Prosecutors' recommendations for improving child witness statements about sexual abuse

Child sexual abuse cases are often not prosecuted because of poor evidential quality. The aim of this study was to elicit suggestions from prosecutors as to how investigative interviews with child witnesses (the main form of evidence in child abuse cases) could be improved. Thirty-six in-depth phone interviews were held with 19 trial prosecutors shortly before and after trials. For each case, prosecutors were asked to provide feedback about the strengths and limitations of the child witness interviews, along with suggestions for how the interviews could have been improved. Thematic analysis revealed three broad areas for improvement: the need for tighter focus on the elements of the offence, better clarification of inconsistencies and ambiguities in the account, and greater consideration of how the child presents in the eyes of the jury. These areas, along with the prosecutors' practical suggestions, are outlined. The paper concludes with a discussion of the implications of these findings for trainers in child witness interviewing.

A prosecutor's guide to improving child witness interviews about alleged sexual abuse: a view from the Australian context

Child sexual abuse (CSA) cases are often not prosecuted because of poor evidential quality of the investigative interview, the central plank of CSA investigations and prosecutions. The current paper addresses the need for further direction about how investigative interviews can better meet the needs of prosecutors by presenting a transcript of interview with an experienced Crown prosecutor. In the interview, we asked the prosecutor to explain what information is required, and how information should be elicited from a prosecution perspective. The transcript was then distributed to nine Crown prosecutors who were invited to reflect on the propositions made in the transcript and indicate any areas where the prosecutor’s views were not consistent with their own. The nine prosecutors then met as a group and agreed on amendments to the transcript to ensure it was representative of their views. We present the final transcript (with amendments) as a tool for interviewers and trainers.

Police and prosecutors' perceptions of adult sexual assault evidence associated with case authorisation and conviction

This study examined the association between the quality of verbal evidence in cases of sexual assault reported by adults and professionals’ (police and prosecutor) ratings of the likelihood that the cases will result in a conviction at trial. Sixteen police detectives and 19 prosecutors (all specialists in sexual assault) each read two mock sexual offence briefs of evidence, one of a case involving rape of an adult and the other involving an adult reporting historical child sexual abuse. For each case type, two versions of the briefs were developed with regard to evidence quality, which varied according to the degree of elaboration in the responses by the witnesses and suspect, and contextual evidence. Participants rated the likelihood of proceeding with a case and conviction (on 10-point likert scales) and provided a rationale for their decisions. Almost all of the participants agreed that the cases would proceed to court. However, the likelihood of conviction was not associated with the likelihood of proceeding to court, or the evidence quality of the briefs. Differences were found in both the ratings of proceeding to court and conviction, and the factors underpinning the ratings across the two professional groups. The implications of the findings for police organisations are discussed.

Collaborative social work practice in opposing paradigms: Issues to emerge from a sexual assault and mental health project

The following paper discusses my experiences of coordinating a community development project to develop collaborative links between a mental health and a sexual assault service. It presents a critically reflective description and analysis of this work to outline how post modern ideas were used to maximise the possibilities of using feminist frameworks in practice.

The relationship between child sexual abuse and academic achievement in a sample of adolescent psychiatric inpatients

Objectives:
To examine the relationship between sexual abuse and academic achievement in an adolescent inpatient psychiatric population. Individual factors expected to influence this relationship were measured to explore the way they each interacted with sexual abuse and its relationship to academic achievement.

Method:
Eighty-one adolescent psychiatric inpatients participated in the study (aged 12–18 years: M = 16.0). Participants were administered tests of academic achievement (dependent variable) and intelligence, and completed a number of self-report measures of their experience of different types of maltreatment, their perception of the parenting they received, socio-economic status, substance abuse, and psychopathology.

Results:
Hierarchical regression analysis revealed that intelligence was the main predictor of academic achievement (uniquely explaining 26% of the variance). A number of interaction effects were also significant indicating that intelligence, substance abuse, internalizing behavior problems, externalizing behavior problems all influenced the relationship between sexual abuse and academic achievement.

Correlates of sexual assault in a sample of male African American crack cocaine users

Although numerous studies have reported an association between substance use and sexual assault, little is known about the impact of sexual assault on male African American crack cocaine users. This study found that from a sample of 137 respondents from Houston, Texas, one-third reported having been sexually assaulted at least once during their lifetime. Respondents who reported sexual assault were using cocaine more often and were more likely to be physically dependent on drugs and to report greater numbers of physical health problems due to their drug use. However, no differences were identified in respect of reported mental health problems, or problems with family, friends or the workplace associated with drug use. The findings suggest further research as to the impact of sexual assault on male crack cocaine users is warranted and that clinical staff working with male substance users require some awareness of the impacts of sexual assault.

Who speaks on footballers and sexual assault? A gender analysis of sports reporting

The recent spate of sexual assault allegations made against Australian Football League (AFL) players has generated intense media scrutiny and public concern. Following from similar highly publicised allegations directed at the National Rugby League, these incidents have engendered significant debates around sexism and football culture in the popular press. It is the media’s response to allegations of sexual assault made against AFL footballers that will be analysed here. This study offers a content analysis of articles from the sport sections of two major Australian newspapers, The Age and the Herald-Sun, with the aim of assessing the prevalence of women’s perspectives on the issue of player misconduct and whether the gender of the reporter has any bearing on gender stereotyping in sport reporting. By assessing how the phenomenon of player misconduct has been covered in sport news, this paper evaluates the media’s role in changing dominant attitudes and perceptions of gender relations in Australian society.

The Internet and child sexual offending : a criminological review

This paper outlines the current literature on what is known about the processes by which individuals utilize the Internet for child sexual abuse. First, three ways in which the Internet is utilized are outlined: (1) by dissemination of sexually abusive images of children for personal and/or commercial reasons; (2) by communication with other individuals with a sexual interest in children: and (3) by maintaining and developing online pedophilic networks. Second, content and availability of abusive images are described, and the difficulties faced by criminal justice agencies in both the definition of abusive images and their prohibition is discussed. Third, the potential for offenders to ‘cross-over’ from online offenses to contact sexual victimization of children is examined and placed within a context of various Internet offender typologies that have been developed. Finally, implications of this body of research for law and public policy are considered.