scholarly journals Special Measures in Child Sexual Abuse Trials: Criminal Justice Practitioners’ Experiences and Views

2019 ◽  
Vol 18 (2) ◽  
pp. 1 ◽  
Author(s):  
Eunro Lee ◽  
Jane Goodman-Delahunty ◽  
Megan Fraser ◽  
Martine B Powell ◽  
Nina J Westera

Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.    

2016 ◽  
Vol 2 (1) ◽  
pp. 54-66 ◽  
Author(s):  
Anna Gekoski ◽  
Miranda A.H Horvath ◽  
Julia C Davidson

Purpose – The purpose of this paper is to report on the findings from a study commissioned by the Office of the Children’s Commissioner (OCC) in England, concerning intrafamilial child sexual abuse (IFCSA)/incest. Specifically, it aims to explore the evidence about child protection and criminal justice responses to victims of IFCSA in the UK and where the gaps in these approaches lie. Design/methodology/approach – A Rapid Evidence Assessment (REA) was used, the function of which is to: search the literature as comprehensively as possible within given time constraints; collate descriptive outlines of the available evidence on a topic and critically appraise it; sift out studies of poor quality; and provide an overview of the evidence. Over 57,000 documents were scanned, and 296 ultimately systematically analysed. Findings – It was found that children may be re-victimised by various aspects of “the system” and professionals within it, including social workers, police officers, and lawyers. Research limitations/implications – A REA is not a full systematic review, differing in the scope and depth of the searches and depending almost exclusively on electronic databases, not accompanied by searching journals by hand. Originality/value – The findings of this research provide the evidence-base for a new two-year inquiry into the subject of IFCSA by the OCC.


2008 ◽  
Author(s):  
Catrin Andersson ◽  
Jennifer A. Tallon ◽  
Jennifer L. Groscup

2019 ◽  
Vol 35 (4) ◽  
pp. 414-421 ◽  
Author(s):  
Alessandro Tadei ◽  
Pekka Santtila ◽  
Jan Antfolk

Abstract When statistically related to child sexual abuse (CSA), background information can assist decision-making in investigations of CSA allegations. Here, we studied the use of such background information among Finnish police officers. We analyzed their ability to identify and interpret CSA-related and CSA-unrelated background information both when placed in mock scenarios and when presented as separate, individual variables. We also measured the ability to correctly estimate the probability of CSA based on such background information. In the context of mock scenarios, officers were better in discarding CSA-unrelated variables than in identifying CSA-related ones. Within-subject performance across different scenarios was, however, not consistent. When information was presented as separate variables, officers tended to incorrectly consider many CSA-unrelated variables as CSA-related. Officers performed better in recognizing whether actual CSA-related variables increase or decrease the probability of CSA. Finally, officers were inaccurate in identifying variables that are CSA-related only for boys or only for girls. When asked to estimate the CSA probability of mock scenarios, participants were accurate only in assessing low-probability cases, and this was not associated with the ability to identify CSA-related and CSA-unrelated variables. We conclude that police officers would benefit from more training in using background information and from using available decision-making support tools in the context of investigating CSA allegations.


PEDIATRICS ◽  
1987 ◽  
Vol 79 (3) ◽  
pp. 437-439
Author(s):  
ELIZABETH BAUM ◽  
MICHAEL A. GRODIN ◽  
JOEL J. ALPERT ◽  
LEONARD GLANTZ

More children are being recognized as victims of sexual abuse than in the past. Because pediatricians are often the first professionals to see the victim, they are often also the first to assess and to evaluate the child. Increased diagnoses of child sexual abuse may be the result either of an actual increase in the incidence of child sexual abuse or of heightened recognition. Whichever explanation or combination is correct, it is crucial that pediatricians be aware not only of the issue of child sexual abuse but also of the correct procedures in collecting data that may be used as evidence and in preparing to be a witness in a potential criminal prosecution of the alleged offender.


2019 ◽  
Author(s):  
Alessandro Tadei ◽  
Pekka Santtila ◽  
Jan Antfolk

When statistically related to child sexual abuse (CSA), background information can assist decision-making in investigations of CSA allegations. Here, we studied the use of such background information among Finnish police officers. We analyzed their ability to identify and interpret CSA-related and -unrelated background information both when placed in mock scenarios and when presented as separate variables. We also measured the ability to correctly estimate the base-rate of CSA allegations being true based on such background information. In the context of mock scenarios, officers were better in discarding CSA-unrelated variables than in identifying CSA-related ones. Within-subject performance across different scenarios was, however, not consistent. When information was presented as separate variables, officers tended to incorrectly consider many CSA-unrelated variables as CSA-related. Officers performed well in recognizing whether CSA-related variables increase or decrease CSA risk. Finally, officers were inaccurate in identifying variables that are CSA-related only for boys or only for girls. When asked to estimate the CSA probability of mock scenarios, participants were accurate only in assessing low-probability cases, and this was not associated with the ability to identify CSA-related and -unrelated variables. We conclude that police officers would benefit from more training in using background information and from using available decision-making support tools in the context of investigating CSA allegations.


2020 ◽  
Vol 228 (3) ◽  
pp. 210-215 ◽  
Author(s):  
Melanie Sauerland ◽  
Henry Otgaar ◽  
Enide Maegherman ◽  
Anna Sagana

Abstract. Are expert witnesses biased by the side (defense vs. prosecution) that hires them? We examined this issue by having students act as expert witnesses in evaluating interviews in a child sexual abuse case (Experiment 1, N = 143) and tested the value of an instruction to counteract such allegiance effects. The intervention concerned an instruction to consider arguments both for and against the given hypothesis (i.e., two-sided instructions; Experiment 2, N = 139). In Experiment 3 ( N = 123), we additionally provided participants with three different scenarios. Participants received a case file regarding a case of alleged sexual abuse. With the file, participants received an appointment letter emphasizing elements of the file that questioned (defense) or supported (prosecution) the veracity of the accusation. Participants displayed allegiance bias (Experiments 1–3), but two-sided instructions were not successful in eliminating allegiance bias (Experiments 2 and 3). The findings underscore the importance of legal safeguards in expert witness work.


PEDIATRICS ◽  
1987 ◽  
Vol 80 (4) ◽  
pp. 585-589
Author(s):  
Julius Landwirth

When alleged child sexual abusers are prosecuted and brought to trial, child witnesses are often exposed to procedural requirements of the criminal justice system that may cause further psychologic trauma. These procedures are driven by the dual interests of pursuing the truth and protecting the constitutional rights of the accused to a fair trial with a presumption of innocence. Proposals for judicial reforms designed to balance both interests while shielding children from potential adverse effects of the process are discussed.


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