Legal Proof of Child Sexual Abuse in the Absence of Physical Evidence

PEDIATRICS ◽  
1991 ◽  
Vol 88 (3) ◽  
pp. 506-511
Author(s):  
Allan R. De Jong ◽  
Mimi Rose

Child sexual abuse criminal court cases from a 12-month period were reviewed to determine the frequency and significance of physical evidence in legally "proven" felony cases with penetration. One hundred fifteen consecutive cases were reviewed, and 87 (76%) had resulted in conviction of the perpetrator on felony charges. Charges of vaginal rape were made in 88 cases, and oral and/or anal sodomy in 67 cases. Physical evidence was present in only 23% of all cases that resulted in felony convictions. Felony convictions were obtained in 67 (79%) of 85 cases without physical evidence and in only 20 (67%) of 30 cases with physical evidence. Eight of the 10 cases without physical evidence that did not result in conviction involved victims younger than 7 years of age. Cases involving the youngest victims had a significantly lower conviction rate (12 of 23), despite a very high frequency (13 of 23) of physical evidence (P<.0005). Physical evidence was neither predictive nor essential for conviction. Successful prosecution, particularly in cases involving the youngest victims, depended on the quality of the verbal evidence and the effectiveness of the child victim's testimony.

Author(s):  
Salih M. Eke ◽  
Murat Sonkaya ◽  
Murat Ulucan

2019 ◽  
pp. 135-146
Author(s):  
John D. Melville ◽  
Lawrence R. Ricci

2019 ◽  
Vol 35 (2) ◽  
pp. 170-181 ◽  
Author(s):  
Nathanael E. J. Sumampouw ◽  
Henry Otgaar ◽  
David La Rooy ◽  
Corine de Ruiter

2012 ◽  
Vol 9 (2) ◽  
pp. 161-173 ◽  
Author(s):  
Johan Melander Hagborg ◽  
Leif A. Strömwall ◽  
Inga Tidefors

2017 ◽  
Vol 23 (2) ◽  
pp. 196-206 ◽  
Author(s):  
Irit Hershkowitz ◽  
Eran P. Melkman ◽  
Ronit Zur

A large national sample of 4,775 reports of child physical and sexual abuse made in Israel in 2014 was analyzed in order to examine whether assessments of credibility would vary according to abuse type, physical or sexual, and whether child and event characteristics contributing to the probability that reports of abuse would be determined as credible would be similar or different in child physical abuse (CPA) and child sexual abuse (CSA) cases. Results revealed that CPA reports were less likely to be viewed as credible (41.9%) compared to CSA reports (56.7%). Multigroup path analysis, however, indicated equivalence in predicting factors. In a unified model for both types of abuse, salient predictors of a credible judgment were older age, lack of a cognitive delay, and the alleged abusive event being a onetime less severe act. Over and beyond the effects of these factors, abuse type significantly contributed to the prediction of credibility judgments.


2009 ◽  
pp. 47-59
Author(s):  
Giuliana Mazzoni

- In this article research is briefly reviewed on investigative interview techniques in children alleged victims of child sexual abuse. It is shown that such techniques represent a crucial factor in determining the accuracy and reliability of the witness report. Research in the psychology of eyewitness testimony provides important elements to understand which techniques are examples of good and which are examples of bad practice, which errors are commonly made in interviews, and which are the negative consequences of such common errors. Guidelines can limit the number of errors and render a report more accurate. Guidelines should be the same for every interviewer, and should be developed by a group of experts who are clearly familiar with the research data obtained in the psychology of eyewitness testimony.Key-words: eyewitness testimony, interview, children, sexual abuse.Parole chiave: testimonianza oculare, intervista, bambini, abuso sessuale.


2009 ◽  
pp. 83-97
Author(s):  
Sarah Miragoli ◽  
Paola Di Blasio ◽  
Rossella Procaccia

- The purpose of the present study was to examine the effects of children's age and the level of stress of sexual abuse experience (relied with seriousness of abusive action, duration of abuse, number of perpetrators, PTSD) on the quality of depositions. Trascripts of 80 depositions of victims of sexual abuse (aged 4-17 years) was analyzed by specifically constructed codification of content. Results of multiple regression analyses indicate that children's age and level of stress predict differently some aspects of content of testimony. Age predicts gustatory perceptions, sense of estrangement and self-reflective abilities; level of stress predicts the aspects relied with temporal markers and actions. Key words: testimony, traumatic narrative, child sexual abuse, age differences.Parole chiave: testimonianza, narrazione traumatica, abuso sessuale, differenze di etŕ.Parole chiave: violenza all'infanzia, attaccamento, comportamenti di internalizzazione ed esternalizzazione, mediatori.


2009 ◽  
pp. 17-31
Author(s):  
Davide Dettore ◽  
Iglis Innocenti

- The methodology used in validations of supposed child sexual abuse cases is fundamental in relation to the final decisions in the court. The international and national literature codified specific procedures held necessary for the validation integrity. Method: 17 validation interviews, conducted in the 1998-2002 years, were confronted with 20 interviews, implemented in the 2003-2008 years; all were evaluated according to 9 criteria, founded upon the scientific literature. Results: in spite of the growth of the number of correct validations in last years, 2/3 of such validations aren't methodologically adequate. Conclusions: the low quality of the examined validations underlines the importance of training programs to increase the experts competence and the judges discrimination skill between well done and incorrect validations.Key words: child sexual abuse, validation, neurosciences, false memories.Parole chiave: abuso sessuale sui minori, validation, neuroscienze, false memorie.


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