Childhood sexual assault victims: long-term outcomes after testifying in criminal court

We report a longitudinal study of long-term outcomes of participating in criminal cases following child sexual abuse (CSA). In the 1980s, 218 child victim/witnesses took part in a study of short-term sequelae of legal involvement. Approximately 12 years later, 174 of them, as well as a comparison group of 41 matched individuals with no CSA history, were interviewed about their mental health and legal attitudes. Being young when the legal case started was associated with poorer later adjustment. Additionally, even when controlling for psychological problems at the start of the legal case and other familial, CSA, and life stressors, testifying repeatedly in childhood predicted poorer current functioning. These associations were often moderated by the severity of both the CSA and the perpetrator's sentence: Testifying repeatedly in cases involving severe abuse, and not testifying when the perpetrator received a light sentence, predicted poorer current mental health. In partial contrast to the mental health results, being older when the case began and the perpetrator receiving a lenient sentence predicted more negative feelings about the legal system. In addition, not having testified when the perpetrator received a light sentence predicted more negative legal attitudes. Individuals' emotional reactions while waiting to testify and while actually testifying were also associated with their current mental health and attitudes toward the legal system: Greater distress predicted poorer adjustment, especially in individuals who were adolescents when they went to court. Greater distress also predicted more negative attitudes. Finally, when the former CSA victim/witnesses were compared with individuals with no CSA history, the former reported poorer adjustment and more negative feelings about the legal system. Results have implications for multilevel-transactional models of development, for understanding developmental sequelae of legal involvement following childhood trauma, and for social policy concerning the treatment of child victim/witnesses.     

Testifying in criminal court: emotional effects on child sexual assault victims.

Child victims must cope not only with the emotional consequences of criminal acts but also with the potentially traumatizing effects of legal involvement. Dramatic increases in the reporting of child sexual abuse are bringing greater numbers of children into contact with the criminal justice system, raising fears that child victims of sex crimes will be further harmed by the courts. In the present study, the effects of criminal court testimony on child sexual assault victims were examined in a sample of 218 children. From this sample, the behavioral disturbance of a group of "testifiers" was compared to that of a matched control group of "nontestifiers" at three points following testimony: 3 months, 7 months, and after prosecution ended. At 7 months, testifiers evinced greater behavioral disturbance than nontestifiers, especially if the testifiers took the stand multiple times, were deprived of maternal support, and lacked corroboration of their claims. Once prosecution ended, adverse effects of testifying diminished. In courthouse interviews before and after testifying, the main fear expressed by children concerned having to face the defendant. Children who appeared more frightened of the defendant while testifying were less able to answer the prosecutors' questions; and later, after the cases were closed, they were more likely to say that testifying had affected them adversely. The two most pervasive predictors of children's experiences in the courtroom, however, were age and severity of abuse. Despite relevant laws, few innovative techniques were used to help the children testify. The results are discussed in relation to children's ability to cope with stressful situations, the interaction of the legal system with the child/family system, and debates about the need to protect child victims who testify in criminal court.     

Factors associated with nurses' intention to report child abuse: a national survey of Taiwanese nurses

OBJECTIVE: The objectives were to determine the experiences of Taiwanese nurses with a new child abuse reporting law and to assess attitudinal correlates of nurses' intention to report. METHOD: A stratified quota sampling technique was used to select registered nurses working in pediatric, psychiatric and emergency care units in Taiwan. A total of 1400 (return rate 88%) questionnaires from 1617 nurses were used. The questionnaire includes demographic information, attitudes toward and knowledge of child abuse and reporting laws, and eight vignettes of child abuse. RESULTS:Most nurses (86%) said they had never reported a child abuse case; 21% said they had failed to report a suspected case of child abuse. Most (80%) had never had any child abuse education. About 75% felt their nursing education and in-service training was inadequate or absent. Most had an inadequate knowledge of the reporting law (mean score: 60% correct). Nurses only answered 17-43% of the law-related questions correctly. The majority accepted the professional responsibility to report. There were some differences among pediatric, psychiatric and emergency care nurses. In general, these Taiwanese nurses had negative attitudes toward corporal punishment and toward parents who abuse their children. The study also identified a variety of attitudes related to intention to report relevant to the Theory of Planned Behavior. CONCLUSIONS:Nurses accept responsibility for reporting but they believe their professional preparation for reporting is inadequate. There is a strong need for in-service and pre-service education about child abuse among nurses in Taiwan.     

Attitudes of Turkish parents, pediatric residents, and medical students toward child disciplinary practices

OBJECTIVE: The aims of the study were to: determine the attitudes of parents, pediatric residents, and medical students from a Turkish population toward childhood disciplinary methods; ascertain the association of participants' abusive childhood history with their attitudes toward discipline; and assess their attitudes about disciplinary actions, which should be reported as abuse. METHOD: A cross-sectional survey was conducted in Ankara University School of Medicine, Department of Social Pediatrics. Sixty-five parents, 39 pediatric residents, and 106 medical students completed a questionnaire (Survey of Standards of Discipline). This questionnaire was designed to measure sociodemographic characteristics, attitudes toward childhood disciplinary practices, and abusive childhood experiences. There were 43 different disciplinary acts in this questionnaire. The participants were expected to give responses to these acts in three categories: (a) acceptable as discipline; (b) unacceptable as discipline; and (c) unacceptable as discipline-would report to authorities as child abuse. Based on the responses to this questionnaire, we developed the Severity Scale. Using this scale, physical severity scores, verbal severity scores, and total severity scores were measured for each participant. RESULTS: None of the participants accepted life-threatening practices as discipline, but some declared certain abusive disciplinary practices as acceptable. Some forceful disciplinary methods were not considered as reportable by participants. All severity scores of both residents and students were found to be higher than those of the parents (for verbal severity scores p=.042). Also, both verbal and physical severity scores of parents with one child were higher than those of parents with two children (for verbal severity scores p=.044). Ninety-one participants (43.3%) indicated that beating was an acceptable form of discipline. Of parents, 66.9% reported abusive childhood history by their own criteria. Of medical students with an abusive childhood experience, 56.5% accepted beating as appropriate (p=.001). Both verbal and physical severity scores were found to be higher in participants with abusive childhood history. CONCLUSIONS: Abusive childhood history and lack of education regarding appropriate discipline techniques are linked to the acceptance of certain physical discipline practices. Turkey's cultural and traditional norms may be associated with the use of physical punishment, and in some cases, physical abuse. The lack of awareness of abusive discipline methods among physicians constitutes problems for child protection and must be addressed. Thus, educational programs on child disciplinary practices are required to provide an increased awareness of child abuse among health professional trainees and parents in Turkey.     

A survey of pediatricians' attitudes and experiences with court in cases of child maltreatment

OBJECTIVES: To explore pediatricians' attitudes and experiences with the court system in child maltreatment cases. DESIGN: An anonymous, cross-sectional survey of a random sample of pediatricians registered with the North Carolina Medical Board. RESULTS: The response rate of the study was 60% (N=270). Few pediatricians (10%) reported that they had "ever" suspected maltreatment but decided not to report it. Pediatricians were equally likely to recall positive and negative experiences in court for child abuse cases. Pediatricians with negative court experiences were more likely to view reporting as time-consuming and were more than twice as likely not to report suspected cases of maltreatment (OR 2.4, 95% CI 1.04, 6.0). Seventy-five percent of pediatricians felt that court is harmful or distressing for children. CONCLUSIONS: The majority of pediatricians report suspected cases of child maltreatment. Pediatrician's court experiences play a role in the response to child maltreatment cases, influencing attitudes towards the legal system and the process of caring for maltreated children. Future research efforts should address physicians' concerns about the impact of court on children, ways to improve the working relationship between the legal system and physicians, and the training needs of physicians in child maltreatment, including testifying and understanding the court process.     

The expert witness in child abuse and neglect: An interdisciplinary process

The legal system is an important part of a society's response to child abuse and child neglect. Courts need to be guided in their deliberations by experts from many different professions. Consultation and in-court expert testimony is necessary from medicine, psychology, psychiatry, social work and other professions both to prove child abuse and neglect and establish the power of the court to act on behalf of a child but also to guide the court in the intervention strategy most suited to the needs of the child and his family. Non-lawyers often feel uncomfortable in the legal setting. The adversary process is foreign to their training and professional experience. Collaboration with a lawyer greatly improves their effectiveness in court. Lawyers, on the other hand, need to make maximum use of medical and social-psychological experts in the court process in the interests of their clients; but to do so lawyers need a basic understanding of the other professions. With an emphasis on a process of mutual education, the paper presents a framework for collaboration between lawyers and expert witnesses in child abuse and neglect cases. “Expert witness” is defined; informal consultation is encouraged; suggestions for selecting a collaborator are made; initial contracts between lawyer and expert, case conferencing and preparation for trial are discussed; specific advice on direct and cross examination is provided.     

Parents’ spontaneous evaluations of children and symbolic harmful behaviors toward their child

Parents’ evaluations of children are believed to be a cognitive contributor to their subsequent child-directed harsh or physically abusive behaviors. The current research examined whether parents’ (N = 100) evaluations of children were moderated by either (a) the child behavior on which the evaluation was based and (b) parents’ measured risk for child physical abuse. The study also explored whether parents’ evaluations of children were related to their tendencies to symbolically harm their child. The current study also used a novel method to indirectly assess parents’ evaluations of children: A modified Affect Misattribution Procedure. Contrary to a priori expectations, negative evaluations of children were stronger for parents who were at low risk, relative to high risk, for child physical abuse. Nonetheless, we observed that high-risk parents were more likely than low-risk parents to inflict symbolic harm onto their child. In an exploratory analysis we observed that parents who formed more overall negative evaluations of children engaged in more symbolic harm to their child. Although high-risk parents were more likely to symbolically harm their child than low-risk parents, this effect does not seem to be due to high-risk parents’ negative child evaluations from negative child behaviors.     

Court-ordered removal in severe child maltreatment: An association to parental major affective disorder

The authors report on a study of psychiatric diagnoses in parents whose children had been removed from their custody by court order because of child abuse and neglect. Compared to a similar group of parents who had not had children removed, the subject parents had a significantly greater lifetime incidence of affective disorders by Research Diagnostic Criteria (RDC) prior to their court involvement. Very few of these disorders had been rigorously diagnosed before or treated psychiatrically.     

Public opinion and knowledge about childhood sexual abuse in a rural community.

OBJECTIVES: To explore the knowledge and attitudes of the general public about child sexual abuse (CSA) through a population-based survey. METHOD: A survey was completed by 246 respondents living in Klamath Falls, a small city in rural eastern Oregon. Specific areas of inquiry included who respondents believed were likely perpetrators of CSA, when a child was most likely to disclose sexual abuse, whether respondents believed that children would be truthful, reasons a child might not acknowledge that they had been sexually abused, what respondents knew about how CSA could be diagnosed, and what attitudes respondents thought that a sexually abused child might have towards the perpetrators of their abuse. Finally, respondents were asked how they would report a suspected case of CSA and about their receptivity to personal safety training to prevent CSA. RESULTS: While significant proportions of respondents were fairly knowledgeable about CSA, gaps in knowledge were found in all age groups and ethnic groups. Groups with the most significant knowledge deficits about CSA included men, unmarried respondents, respondents who had not had children, respondents in younger age groups, respondents of Latino descent, and respondents with low incomes or low education. Respondents were most likely to report CSA to their physician or the police. There is community interest in training about CSA and its prevention. CONCLUSION: These data indicate that significant deficits as well as strengths in knowledge about CSA exist in this rural community, and identify populations to which community education about CSA could be directed.     

Interpretations of colposcopic photographs: evidence for competence in assessing sexual abuse?

Accurate assessment of physical findings for child sexual abuse is medically and legally important. This study evaluated (1) interobserver reliability of clinicians rating colposcopic photographs, and (2) correlates of reliable interpretations. Seventy physicians and two nurse practitioners, divided by professional levels, assessed colposcopic photographs and completed a questionnaire. Ratings by a professional with extensive experience in this field were used as an accuracy standard. Leaders in the field of child sexual abuse assessment made significantly more "accurate" assessments than pediatricians, pediatric and family practice residents, and intern physicians. Leaders made fewer "inaccurate" interpretations than interns. Predictors of agreement with standard assessments, although weak, were knowledge of female perineal anatomy and professional level. Total number of sexual abuse examinations conducted and knowledge of sexually transmitted diseases as acquired by children were not significant predictors of accurate assessment. The findings are interpreted as to their potential relevance to actual sexual abuse evaluations of children.     

Incest survivors: the relation of their perceptions of their parents and their own parenting attitudes

The present study examined the child-rearing attitudes of incest and nonincest child sexual abuse survivors and their perceptions of their own parents' behavior. From a sample of women with a history of child sexual abuse, 40 women with children completed questionnaires designed to assess their own and their parents' child-rearing behavior in terms of the dimensions of parental acceptance and control. The data indicated that women from incestuous backgrounds had more negative perceptions of their fathers and mothers in terms of acceptance and control than women abused by men who were not related to them. Moreover, incest victims who perceived their mothers negatively endorsed autonomy promotion in their own attitudes toward child rearing. The findings are discussed in terms of (1) the lack of positive parenting models when relations with both parents are experienced as negative, (2) incest survivors' conflicts about their own early maturity, and (3) the relation of these findings to the tendency for intergenerational repetition of father-daughter incest.     

Assessment for self-blame and trauma symptoms during the medical evaluation of suspected sexual abuse

The purpose of this study was to describe behavioural and emotional symptoms and to examine the effect of abuse-related factors, family responses to disclosure, and child self-blame on these symptoms in children presenting for medical evaluations after disclosure of sexual abuse. A retrospective review was conducted of 501 children ages 8–17. Trauma symptoms were determined by two sets of qualitative measures. Abstracted data included gender, ethnicity, and age; severity of abuse and abuser relationship to child; child responses regarding difficulty with sleep, school, appetite/weight, sadness, or self-harm, parent belief in abuse disclosure, and abuse-specific self-blame; responses to the Trauma Symptom Checklist in Children-Alternate; and the parent's degree of belief in the child's sexual abuse disclosure. Overall, 83% of the children had at least one trauma symptom; 60% had difficulty sleeping and one-third had thoughts of self-harm. Child age and abuse severity were associated with 3 of 12 trauma symptoms, and abuse-specific self-blame was associated with 10 trauma symptoms, after controlling for other variables. The children of parents who did not completely believe the initial disclosure of abuse were twice as likely to endorse self-blame as children of parents who completely believed the initial disclosure. Screening for behavioural and emotional problems during the medical assessment of suspected sexual abuse should include assessment of self-blame and family responses to the child's disclosures. In addition, parents should be informed of the importance of believing their child during the initial disclosure of abuse and of the impact this has on the child's emotional response to the abuse.     

Pediatric response to a large-scale child protection intervention

Objective

In a rural area of the US state of Texas, in April 2008, the Texas Department of Family and Protective Services (DFPS) responded to evidence of widespread child abuse in an isolated religious compound by removing 463 individuals into state custody. This mass child protection intervention is the largest such action that has ever occurred in the United States. The objective of this paper is to characterize the burdens placed on the area's community resources, healthcare providers, and legal system, the limitations encountered by the forensic and public health professionals, and how these might be minimized in future large-scale child protection interventions.

Methods

Drawing on publicly available information, this article describes the child abuse investigation, legal outcomes, experiences of pediatric healthcare providers directly affected by the mass removal, and the roles of regional child abuse pediatric specialists.

Results

Because the compound's residents refused to cooperate with the investigation and the population of the compound was eight times higher than expected, law enforcement and child protection resources were insufficient to conduct standard child abuse investigations. Local medical and public health resources were also quickly overwhelmed. Consulting child abuse pediatricians were asked to recommend laboratory and radiologic studies that could assist in identifying signs of child abuse, but the lack of cooperation from patients and parents, inadequate medical histories, and limited physical examinations precluded full implementation of the recommendations.

Conclusions

Although most children in danger of abuse were removed from the high-risk environment for several months and some suspected abusers were found guilty in criminal trials, the overall success of the child protection intervention was reduced by the limitations imposed by insufficient resources and lack of cooperation from the compound's residents.

Practice implications

Recommendations for community and child abuse pediatricians who may become involved in future large child-protection interventions are presented.     

关于构建我国“隐蔽作证”制度的思考——以银川市为例

隐蔽作证是一种特殊的作证方式,在国外的立法和司法实践中早有规定和体现,然而在我国尚属新生事物,到目前为止只有上海市第一中级人民法院在司法实践中进行了尝试。本文以银川市为例,分析了构建隐蔽作证制度的必要性,探讨了妨碍隐蔽作证制度构建的因素,并提出了相应的对策。     

Attitudes towards corporal punishment and reporting of abuse

OBJECTIVES: To assess physicians' attitudes towards corporal punishment in childhood and their subsequent actions regarding the reporting of child abuse. PARTICIPANTS: 107 physicians (95 pediatricians and 12 family practitioners) who work in hospitals and community clinics in northern Israel were interviewed. Of the participants, 16% were new immigrants. PROCEDURE: A structured interview was conducted by one of two pediatric residents. RESULTS: Attitudes towards corporal punishment were not influenced by the physicians' sex or specialty. Corporal punishment was approved by 58% of the physicians. A significant difference in attitudes towards corporal punishment between immigrants and Israeli born physicians was found (p=.004). Family practitioners and especially senior ones were found significantly less tolerant towards corporal punishment than pediatricians (p=.04). While reporting behavior was not found to be associated with parental status and the past experience of the physicians with child abuse, a significant effect of attitudes towards corporal punishment on reporting behavior was found (p=.01). CONCLUSIONS: (1) Corporal punishment is still perceived as an acceptable disciplinary act by a significant proportion of physicians responsible for the health care of children in our area. (2) Attitudes towards corporal punishment are different between immigrants and native born Israeli trained doctors and, unexpectedly, pediatricians were more tolerant of corporal punishment than family practitioners.     

The factors of child physical abuse in Korean immigrant families

OBJECTIVE: This study explores Korean immigrant mothers' attitudes toward child physical abuse based on an ecological perspective. METHOD: One hundred and forty-four Korean immigrant mothers who came to the US after age 16 and have at least one child under 18 years old participated in this study. Data were collected using instruments translated in Korean that measure mothers' attitudes toward child physical abuse in four areas: degree of agreement with physical abuse, conflict tactics, belief in the use of physical punishment, and perceptions regarding physical abuse. RESULTS: This study found that the following variables affect Korean immigrant mothers' attitudes toward child physical abuse at ecological levels of the environment: amount of time spent with children, experience of corporal punishment as a child, children's gender and age, family acculturation conflicts, mothers' age, and length of time in US at the micro level; involvement in their children's school and involvement in social organizations at the meso level; level of education and reported stress of immigrant life at the exo level; value of children in Korean culture, familiarity with Child Protective Services (CPS), perceived discrimination, and value of corporal punishment at the macro level. CONCLUSIONS: This study suggests the importance of cultural sensitivity in social work practice when working with Korean immigrants. It also implies that intervention and prevention efforts of child abuse should be targeted at more than one level of the environment.     

Children's participation in foster care hearings

Purpose

Empirical research regarding potential risks and benefits of children's participation in the legal system generally, and in the child dependency legal system in particular, is sparse and mostly characterized by small studies without comparison groups. The current study was designed to address the following questions regarding children's participation in dependency court hearings: (1) Is attending court harmful to children? (2) Is attending court beneficial to children? (3) Is judicial behavior with the child in the courtroom related to potential harms or benefits? and (4) Are there age differences in children's reactions?

Method

The authors measured children's reactions to attending dependency review hearings (n = 43) and compared them to a sample of children who did not attend their hearings (n = 50). One to 2 weeks following review hearings, both groups of children were interviewed about their reactions to the court process.

Results

Children who attended their hearings reported more positive feelings about the dependency process (e.g., trust in judge, perceived fairness, and more comfort with their guardians ad litem and caseworkers). For children who attended, there was no evidence of high distress immediately preceding or following their hearings. Court observations revealed that more active engagement by judges was related to positive responses from the children. Most children, including both children who attended hearings and those who did not, believed that all children should be able to attend their hearings.

Conclusion

Overall, the findings suggest that policies encouraging children's attendance at dependency hearings are viewed positively by and not harmful to children.     

Child sexual abuse victims as witnesses: The influence of testifying on their recovery

Victims of child sexual abuse (CSA) are likely to show a wide range of adaptation difficulties. In addition, some children and their families are involved in legal proceedings following the child’s disclosure. However, little is known about the effects of legal involvement on CSA victim’s mental health and recovery. In this longitudinal study, the effects of testifying were examined in a sample of 344 children at initial assessment (67% of girls) receiving services in a Child Advocacy Centre, of which 130 children testified. The participants’ age ranged from 6 to 14 years old (M = 9.42 SD = 2.14). Children and their parents completed a series of measures to evaluate the child’s mental health (e.g. depression, anxiety, PTSD) at four points in time over a 2-year period. Multilevel analysis indicates that all the children showed significant improvement over time but the group who testified more than once shows higher levels of emotional distress 2 years after the initial assessment. This study highlights the importance of documenting the experience of CSA victims in the justice system in order to establish the adequate conditions to support child witnesses.