Mental health articles

“Offenders,” it was shown that across studies only 17% to 39% of substantiated cases of sexual abuse are submitted for prosecution and that only about 60% of cases submitted are actually prosecuted.8 Because courts require more stringent levels of proof for prosecution than child protective services needs for substantiating abuse (Martone et al., 1996), it is not surprising that fewer cases are prosecuted than are substantiated. Because so few cases are prosecuted, however, it is important to understand those factors that predict a greater likelihood of prosecution. While factors concerning the believability of the case are logical predictors of the decision to prosecute, the findings are not as clear. Both Bradshaw and Marks (1990) and Cross et al. (1994) found that a statement by the offender and the presence of medical evidence predicted whether a case was accepted for prosecution. Brewer et al. (1997), however, found that the relationship between medical evaluation and prosecution was more complex. Cases with medical evidence were more likely to be accepted for prosecution, but only in those cases in which the abuse was more severe. For cases involving less serious abuse, cases with medical evidence were less likely to be prosecuted. It is of note in this study that cases of sodomy and digital penetration were for some reason considered less serious abuse, along with indecent exposure and fondling. Finally, after reviewing the relationship between a medical evaluation and conviction, De Jong (1998) concluded that specific physical findings occur with a similar frequency in cases with and without confessions, as well as in cases with convictions and those with acquittals. These findings remain somewhat confusing, suggesting the need for further research. Certain characteristics of the abuse may also predict the decision to prosecute. A few studies have found that cases of sexual abuse committed by biological parents or family members are less likely to be prosecuted (Brewer et al., 1997; Cross et al., 1994), although MacMurray (1989) found that stepfathers and uncles were most likely to be prosecuted, whereas brothers and day care workers were least likely to be prosecuted. Cases in which mothers are divorced, separated, or single are also less likely to be prosecuted (Brewer et al., 1997), possibly because of the general (although empirically unreasonable) fear that larger numbers of children in custody disputes are falsely led to disclose abuse. Another related finding is that cases are more likely to be prosecuted when mothers are considered more supportive of their child (Cross et al., 1994). Other factors related to an increased likelihood of prosecution are multiple victims (Brewer et al., 1997), lower levels of psychopathology in the child (Cross et al., 1994), abuse lasting from six months to two years, a male victim or male perpetrator, an older perpetrator (MacMurray, 1989), and older age of the child (Brewer et al., 1997; Cross et al., 1994), although another study did not find the latter relationship to be significant (Martone et al., 1996). Regretfully, the stringency with which cases are chosen for prosecution means that many children remain at risk for removal long after disclosure. A study by Cross et al. (1999) highlights this problem. In this study, children were at almost three times greater risk to be removed when their cases were declined for prosecution, as compared to when their cases were accepted for prosecution, nor could these differences be explained by differences in maternal support. Indeed, rejecting the case for prosecution was the single strongest predictor of removal. While the reasons for this relationship cannot be clarified within the research design, the researchers “think it is likely that prosecution decisions influence child placement decisions” (p. 4 1) because the alleged perpetrator can no longer be prevented (through incarceration or other means) from approaching the child. To protect the child, they suggest, the child is removed. They conclude,A reasonable inference is that the institutional response to child sexual abuse is not working well for most of these families, and child placement is the lesser of the two evils …. When the two primary institutions designed to respond to child abuse reports both find it difficult to carry out their missions for a specific group of children, the tragedy of child abuse is compounded. (p. 42) When the legal system fails in its duty to protect the victim, it is insufficient to place that burden on the mother. The regrettable legacy of this practice is that many children are removed from their families. Professionals must develop other strategies for allowing children to remain in their homes so that they are not further traumatized by the system mandated to protect them.

Tags: sexual abuse