Between Scylla and Charybdis: A Literature Review of Sexual Abuse Allegations in Divorce Proceedings

Anne E Smit,Catrien C J H Bijleveld,Masha V Antokolskaia

doi:10.4236/psych.2015.611134

Abstract

In this study international literature is reviewed on allegations of child sexual abuse (CSA) during divorce proceedings. It aims to build upon the existing knowledge on this topic by combining empirical findings from various disciplines. We attempted to answer four research questions that focus on 1) the prevalence of CSA allegations in divorce procedures; 2) the response of family court judges; 3) the ratio of founded vs. unfounded allegations of CSA under these circumstances; and 4) the possible consequences of the false positives and false negatives in legal decision making for the children and parents involved. The literature study shows that civil judges often seek professional help. The judge generally tends to (temporarily) stop contact between accused parent and child during an investigation. Additionally, there is a general concern about the many actors involved in such cases. It can also be cautiously assumed that one in seven to eight allegations is not founded. We conclude that civil judges have to make important decisions under difficult circumstances: there is little or no evidence, no guidelines, external help lengthens the trial, and there are serious consequences of false positives and false negatives in legal decision-making. Literature is surprisingly scarce and generally outdated.

Highlights

In the Netherlands in 2009 a divorced father of four children was released after seven months in remand
Research Questions This study addresses four research questions: - What is the prevalence of child sexual abuse (CSA) allegations in divorce procedures? - How do family court judges respond to CSA allegations in divorce procedures? - What is known about the ratio of founded versus unfounded allegations of CSA under these circumstances? - What are the possible consequences of false positives and false negatives in legal decision making for the children and parents involved?
The literature review showed that amazingly little research is available on the issue of allegations of child sexual abuse (CSA) during divorce proceedings

Summary

Introduction

In the Netherlands in 2009 a divorced father of four children was released after seven months in remand. The case had been sent to the Dutch National Expert Group Sexual Offences, whose conclusion was that the accusations made by the children were unfounded, and that the father had been falsely accused. He was acquitted from the alleged sexual abuse of three of his children. Despite these findings the mother remained convinced that the abuse had taken place, and persisted in accusing the father. The children had been exposed to three years of interviews, investigations and other forms of stress, but most importantly the relationship between the father and his children had been irreparably damaged (Zembla, 2009)

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