Allegations Of Abuse Research Articles

A Judge Is the Person Who Decides Who Sings Better: Children’s Comprehension of Legal Terminology

Children in contact with the law are especially vulnerable to misunderstandings due to their lack of knowledge about judicial proceedings and contexts that are complex for their level of development. This study examined whether children understand legal terminology commonly used at Portuguese courts. Three hundred twenty-two Portuguese-speaking schoolchildren aged 6 to 13 years participated in this study and were randomly distributed into two groups. We asked the children to define a list of 18 legal terms (9 for each group), which were previously identified after analyzing 33 children’s statements in cases of alleged sexual abuse. Their answers were categorized into five categories that reflect the mistakes children made when defining legal terms and the different strategies used in this task. As expected in light of the results of previous works, our results show that children do not understand the legal terms used at court: 47.2% do not show comprehension about any of the 9 terms presented. No child has been able to define all of them correctly. Age and school grade show a significant relationship with the level of understanding. No differences were found based on gender and children's contact with justice. Findings have implications about a necessary adaption of courts to children.

Intersectional racial and gender bias in family court

Custody cases characterized by conflict may involve allegations of abuse or parental alienation, necessitating a thorough examination of the situation for the child’s wellbeing. This case series describes stereotypes and biases faced by three racialized fathers, resulting in problems in the processes and outcomes of the family court system. Occurring at the intersection of race, culture, religion, and gender, social myths about these fathers of South Asian and MENA (Middle Eastern, North African, Arab) descent led to inequities in parental rights and harm to their children. Biases experienced by fathers included racism, sexism, Islamophobia, and xenophobia, which manifested as presumptions that such fathers espoused outdated gender roles, exerted excessive authority in the home, and were unwilling to adapt to mainstream culture—which can bias the decision-making of custody evaluators, child advocates, lawyers, and judges. This paper presents the relevant facts of each case, critical errors made by the court—such as ignoring the voices of the fathers, delayed verdict delivery, inadequate assessment of abuse, and failure to prioritize the children's welfare. This article discusses stigma, abuse, interracial dynamic, and the mental health toll of this process on fathers, despite having respected professions and financial resources. Also addressed is the challenge of differentiating parental alienation from estrangement due to child abuse when children reject a parent. It is hoped that by recognizing and addressing these biases outcomes in parental disputes can be greatly improved.

Importance of Community Context in Understanding Substance Use Among Adolescents With Allegations of Maltreatment

This study examined the association between community disadvantage and substance use among adolescents referred to child protective services (CPS) and the interaction role of race/ethnicity in the association between community disadvantage and adolescent substance use. Findings revealed that higher county-level alcohol/drug mortality rates were associated with a higher risk of substance use across non-Hispanic Black, non-Hispanic white, and Hispanic adolescents. An interaction test showed that the association between county-level alcohol/drug mortality rates and risk of substance use was particularly stronger for non-Hispanic Black adolescents compared to non-Hispanic white adolescents. However, county-level vacant housing rates and low median household income did not show a significant association with adolescent substance use across all racial/ethnic groups. Results suggest that practitioners should screen for community-level substance risk levels to prevent substance use among historically marginalized racial-ethnic adolescents involved in CPS.

A short report of a Scottish audit of disability and child protection medical examinations

AbstractA Scottish national child protection audit has shown that practitioners can have differing understanding of the term ‘disability’ and are variable in their own recording of disabilities. It was apparent from the audit that disability was more likely to be recorded for older children than those under five. The audit found that an abuse allegation is less likely to be substantiated for disabled children by a Child Protection Medical Examination. For disabled children in our sample, there was a ‘substantiation of abuse rate’ of 33%, which was less than the 56% rate for non‐disabled children. The differences in rates encourage us to consider what is an appropriate response when disabled children may have experienced harm and abuse. The audit highlights the vulnerability of disabled children to abuse and indicates the need to equip practitioners with the skills, competencies and confidence to engage with and support this vulnerable group.

Review of Alleged Abuse of Google Play Billing's Dominant Position in Indonesia: A Study of South Korea's Anti-Google Law

The author examines how the Anti-Google Law is implemented in South Korea and whether the law can be a solution for Indonesia in preventing giant digital platforms from abusing their dominant position. To review the alleged abuse of the dominant position of Google Pay Billing in Indonesia and conduct a study of the implementation of the Anti-Google Law in South Korea. This study uses doctrinal legal research methods through document and literature studies. The research results: For now, there have been several cases related to digital platforms that have entered ICC, such as GoTo in 2022, Google, and Shopee, which are about to enter the trial. It can be seen that there has been an increase in incoming cases related to digital platforms in ICC, therefore ICC must issue rules both in the form of laws, or technical regulations in the form of guidelines to regulate digital platforms, so that in the future.

Divergent interpretations of child abuse in legal judgments: perspectives from clinicians and forensic experts

BackgroundChild abuse in Taiwan is a major societal concern that severely affects the well-being of children. Despite the complexity in detecting abuse, reports of child abuse are increasing, evidenced by a rise in cases and heightened awareness. This study utilizes judicial judgments as a lens to understand the varied interpretations of child abuse by clinical and forensic experts and explores the broader epidemiological trends of such abuse within the declining youth population of Taiwan.MethodsWe conducted a retrospective study by analyzing official court judgments on child abuse allegations judged from 2008 to 2022 from the online database of Judicial Yuan. Furthermore, the study analyzed demographic factors, injury patterns, and opinions from various experts.ResultsThe results reveal that severe criminal cases of child abuse predominantly involve biological fathers as the primary offenders and physical abuse as the most common form of maltreatment. Victims are typically aged less than 5 years, which frequently leads to an unfavorable prognosis. Analysis also highlights the TEN-4-FACESp acronym as a highly predictive indicator of child abuse and underscores the prevalence of abusive head trauma (AHT). Moreover, the findings emphasize ongoing disparities in opinions between forensic medical examiners and clinical physicians, especially in AHT cases, which potentially influences judicial decisions.ConclusionsIn summary, the study reveals ongoing disagreements between forensic medical examiners and clinical physicians, especially in cases of AHT, which may impact judicial decisions. Promoting consensus through interdisciplinary collaboration and improved communication can aid in revealing the truth in child abuse cases.

Making Memories: A Qualitative Exploration of the Impact of False Allegations of Satanic Ritual Abuse

ABSTRACT The aim of the present study was to explore the impact of false allegations of satanic ritual abuse. Data was gathered from semi-structured interviews with six participants and analyzed using thematic analysis through an interpretivist paradigm. Two key themes are discussed: (i) the impact of false allegations and (ii) coping techniques employed by retractors and falsely accused individuals. Results highlight the long-term, life-changing impact of false memories as well as the coping strategies employed by those involved. While the authors make no claim to generalizability, these findings raise significant implications for practice, including greater governance for private therapeutic practice.

Punitive state policies targeting alcohol use during pregnancy and alcohol consumption among pregnant women

This study aimed to determine whether punitive state alcohol policies targeting pregnant women who drink alcohol are associated with decreased alcohol consumption among pregnant women over time. This study used data from the Pregnancy Risk Assessment Monitoring System (15 states) between 1990 and 2015. A difference-in-difference (DiD) approach was employed to determine whether passage of state laws changed alcohol consumption rates among pregnant women, while controlling for state and time fixed effects. The study specifically examined punitive state alcohol policies that clarify the admissibility of evidence in child welfare proceedings related to prenatal alcohol exposure, focusing on allegations of child abuse, child neglect, child deprivation, or child dependence, as well as proceedings seeking termination of parental rights. Punitive state alcohol policies were not significantly associated with decreased rates of alcohol consumption among pregnant women (+ 1.54%, 95% CI, -1.47-4.55), within 3 years of implementation. State alcohol policies that adopted a punitive stance toward pregnant women who drink alcohol did not result in the reduction of drinking during pregnancy. Given that punitive policies may not effectively reduce alcohol consumption during pregnancy, our findings highlight the need for reevaluation and potential reform to better address maternal/child health outcomes.

Australian Non-Resident Fathers’ Relationship and Ongoing Engagement with Their Children: A Critical Focus on Power

Non-resident fathers are rarely researched from a critical perspective. Becoming a non-resident father often results in major dislocation, presenting challenges and hindrances to a meaningful relationship with children. Dislocation is increased by the involvement of the family court, legal issues, false abuse allegations, and ex-partners. Changing family configurations may marginalize non-resident fathers, with their own perspectives, voices, and lack of power remaining largely unmapped. This paper identifies what hinders non-resident fathers’ relationships with their children from a critical and Australian perspective. In-depth interviews using open-ended questions with 19 non-resident fathers were used to collect data, followed by a five-step critical thematic analysis to focus on the locus of power. Non-resident fathers’ perceptions included a lack of agency and decision-making power; the mother, legal obstacles, and agencies hindered their desired relationships with children. Hindrances were magnified by descriptions of false allegations and IPV from the ex-partner and/or her agents, resulting in a sense of marginalization, silencing, and disempowerment. Australian non-resident fathers in this study identified that desired relationships with their children were hindered by the roles of legal and welfare services, policing, and their ex-partners. The highlighting of these issues points to ways that non-resident fathers with similar experiences of a lack of agency and decision-making power might be better supported by more streamlined and balanced legal processes.

Police oversight in the Republic of Botswana: Challenges and prospects

ABSTRACT Notwithstanding Botswana’s reputation for adhering to democratic ideals and good governance, the nation has not established sound oversight mechanisms for the police service. Over the years, the Botswana Police Service has faced criticism over allegations of abuse of powers and functions, manifesting through violation of citizens’ rights. Various media houses have reported police excesses such as unlawful arrest and detention, illegal searches, torture and death of suspects while they are in police detention. Amidst all these allegations, there are no independent mechanisms in place to hold the Botswana Police Service to account. In the absence of external accountability mechanisms, citizens whose rights are violated by the police will have to depend on the same violators to investigate. In this paper, we explore the current police oversight systems in the Republic of Botswana. We also present arguments for the creation of an independent police oversight body in the nation.

“Can you guess what every woman’s worst nightmare is?”: Good for Her Film, and Contextualising Rape-Revolt in post-Weinstein America and Promising Young Woman

The #MeToo moment following Harvey Weinstein's sexual abuse allegations led to a change in the way we make sense of ra;e allegations within popular discourse. In film, changes to the discursive construction of women's rights movements became key to what Barbara Creed calls the Feminist New Wave cinema. The rape-revenge film inserts itself into this new landscape of social and online activism too, as it starts to evolve into a 'rape-revolt' narrative structure, which aims to treat rape within film as a source of political revolt and a way to challenge institutions which uphold rape culture. Promising Young Woman (Emerald Fennell, 2020) interrogates these changes to the public reception of rape culture within a post-Weinstein framework which allows for a nuanced perspective on rape-revenge, taking into account a flawed criminal justice system, corrupt institutions, and enablers' personal failures. This article argues that the Weinstein scandal and its consequence on public discourse have started to influence the ways in which cinema makes sense of rape, and furthermore situates films of the Feminist New Wave within a movement which social media users have called the 'Good for Her' film. 

Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required

ABSTRACT This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (N = 717). Delayed allegations of child sexual and physical abuse are prevalent in Western legal systems and often rely upon uncorroborated memory testimony to prove guilt. U.K. legal professionals and jurors typically assess the reliability of such memory recall via common sense, yet decades of scientific research show common sense beliefs often conflict with science. Recent international surveys show controversial notions of repression and accurate memory recovery remain strongly endorsed. In historical cases, these notions may lead to wrongful convictions. The current study surveyed the U.K. public, lawyers, and mental health professionals’ beliefs about repression, dissociative amnesia and false memories. Study findings give unique data on judges’ and barristers’ beliefs. Overall, the study findings reinforce international scientists’ concerns of a science – knowledge-gap. Repression was strongly endorsed by lay, legal and clinical participants (> 78%) as was dissociative amnesia (> 87%). Moreover, suboptimal professional legal education and juror guidance may increase misunderstanding. Correcting beliefs about memory function, and extending the contribution of memory science in the courtroom remains an important quest for cognitive scientists.

Life Course Models of Child Maltreatment: Effects on General Psychopathology Outcomes in a Longitudinal Sample.

The study compared life course models (LCM; accumulation, recency, and sensitive period) of child maltreatment and general psychopathology in a large, national longitudinal data set of 1354 youth ages birth-16years (657 boys, 53.2% Black, 59.7% <$40K caregiver income). Previous research has supported the accumulation and recency models, albeit with shorter or fewer time periods of outcome measurement. We extend this work by modeling the impact of combined abuse and neglect allegations on a general psychopathology factor (dysregulation profile). Cross-sectional structural equation models were constructed using LCMs and tested across two-year periods from 4-16years old and compared using Akaike Information Criterion weights. The recency variable generally explained the greatest proportion of variance in psychopathology. Notably, maltreatment more proximal to the time of outcome measurement had the strongest effect, suggesting that more recent maltreatment may have stronger effects on general psychopathology. These results lend support to a recency effect of maltreatment on psychopathology outcomes, although substantive overlaps with the accumulation model are noted.

The illusory correlation between parental alienation and other forms of family violence

AbstractThere has been considerable public discourse around courts allegedly “dismissing” mother's allegations of domestic violence and child abuse when a father alleges that he is being alienated from his children by their mother. The purpose of this project is to test whether this discourse is based on an illusory correlation. Published court decisions from 200 family court cases in Canada were sequentially selected if parental alienation was alleged to have happened to the father and abuse was alleged to have been perpetrated by the father. Independent coders recorded the investigative outcomes of the court cases regarding alienation and abuse, and whether the mother lost child custody. Results indicate that there is an illusory correlation between family court cases involving both allegations of abuse and parental alienation, and that mothers are generally not losing custody to abusive fathers in such rarely occurring cases.

Wails Inside Arab Homes: Examining the lived experiences and exploitation of returnee Ugandan migrant domestic workers from Saudi Arabia

The study aimed to investigate the experiences and exploitation of Ugandan migrant domestic workers who returned from Saudi Arabia. The study followed a constructivist paradigm, an interpretive framework that focuses on individuals' understanding of the world and their creation of unique meanings. A qualitative approach was utilised, specifically employing a phenomenological case study design. Data was gathered through unstructured interviews with twenty-eight (28) migrant domestic workers. Thematic analysis was employed to analyse the data. The findings regarding the lived experiences and exploitation of returnee Ugandan migrant domestic workers were visualised through concept maps created using NVivo version 10.0. The study discovered that the returnee workers' experiences were primarily related to their interactions with various individuals in their employers' households, including dealing with abusive employers, inconsiderate children and relatives, and challenging working conditions. Other experiences involved working in an unfriendly environment, carrying out difficult tasks, facing heavy workloads, experiencing occupational health difficulties, enduring physical abuse, inadequate rest, food deprivation, sexual advances, and false allegations. Consequently, providing legal protection for domestic workers in Saudi Arabia is crucial. Although progress has been made in addressing legal gaps, particularly regarding weekly rest days, more work remains. This includes implementing or expanding minimum wages and aligning working hour restrictions with those applicable to other workers. It is therefore recommended that Uganda and Saudi Arabia revise labour export laws to ensure that the rights of migrant domestic workers are respected.

Child Sexual Abuse in Boys: A Retrospective Investigation

Objective: Although recent studies have increased public awareness of child sexual abuse, certain aspects of the issue remain unclear. While research on sexual abuse in girls is abundant, there is limited focus on boys in our country. This study aims to explore the characteristics of cases involving sexual abuse of boys in the province of Türkiye. Methods: The study is descriptive and retrospective in nature. A total of 245 boys who underwent forensic interviews for alleged sexual abuse between September 2017 and March 2023 at the Child Advocacy Center in the province of Türkiye were retrospectively examined. Results: The study included 245 boys aged 3-18 with a mean age of 11.04±3.39. The most common type of sexual abuse was non-penetrative contact (57.6%). Delayed disclosure was primarily attributed to factors such as threat, fear, and shame. Sexual abuse predominantly occurred in public places (56.5%). There were significant among age groups concerning the identity of the reporters, initial disclosure persons, the existence of abuse, and reporting time. However, no significant differences were found in the presence of multiple suspects, recurrent abuse, and the incident location. Post-abuse behavioral changes in children included fear of the perpetrator (15.5%), emotional changes (15.5%), physiological changes (9.4%), and the displaying of risky behaviors (4.1%). Conclusion: The study emphasized the importance of not overlooking sexual abuse among male children. The findings underscore the need for enhanced awareness and intervention strategies to address sexual abuse in boys within the country.

Recourse, Litigation, and the Rule of Law

Recent high-profile lawsuits have supported competing narratives that alternately depict civil litigation as an essential instrument of the rule of law and a threat to the ideal. This essay argues that each narrative captures an important element of truth and that Gerald Postema’s account of the rule of law in his book Law’s Rule helps us (albeit unwittingly) to see why. While Postema presents recourse for alleged abuses of power as a universal and enduring facet of the rule of law, his conception of recourse turns out to resemble core features of the kind of adversarial litigation process exemplified by the U.S. federal civil justice system. Yet such a system both promises to promote and threatens to undermine each of the three principles that Postema claims are entailed by his understanding of the rule of law—namely, sovereignty, equality, and fidelity. Realizing recourse thus requires confronting difficult tradeoffs within each of those principles, as well as within the overarching rule-of-law ideal. And if the rule of law can’t be instantiated unequivocally in any particular set of institutions, then perhaps we should be more willing to treat the ideal as a subject of politics rather than just a constraint on it.

The Monetisation of Personal Data in EU Strategies: The Hoda/Google Case

In July 2022, the Competition and Market Authority opened, on Hoda s.r.l.’s recommendation, an investigation (Competition and Market Authority, 2022) against Google for its alleged abuse of its dominant position and for having hindered interoperability in sharing the data of its users with other operators. Hoda itself is a start-up, active in the intermediation of personal data through the Weople app; natural persons who register with the app delegate Hoda for the collection of their data held by other companies, which are then archived in a digital wallet. The aforementioned proceeding concluded with an undertaking, with communication dated 28th February 2023, by the Alphabet company, to develop new, automatic tools that allow network users to download and export their data from Google to a third-party app. The case leads one to reflect on the consequences and challenges that Europe is called upon to face in managing the phenomenon of the governance and the monetisation of personal data. The institution of data portability, to the extent that it facilitates the circulation of data and the mobility of users, offers alternative operators the possibility of exerting competitive pressure on tech giants such as Google, which assert their dominance on the creation of ecosystems based on the management of potentially unlimited quantities of data, functional to one’s business model. The topic arouses particular interest because if, on the one hand, it paves the way for the monetisation of personal data, on the other, it leads one to reflect, as highlighted in the past by the President of the Guarantor Authority for the protection of personal data, on the consequences in terms of a re-feudalisation of social relationships that the remuneration of consent to the treatment of one’s data would risk determining.

“He said she’s a bisexual gold-digger”: biphobia and epistemic injustice in news coverage of the Depp v. Heard divorce and defamation trial

ABSTRACT The 2022 defamation trial between Johnny Depp and Amber Heard invites examination of how news media changed their coverage of abuse allegations since the couple’s 2016 divorce and the #MeToo movement’s 2017 globalization. Using critical discourse analysis, I found that fewer 2022 articles referenced Heard’s bisexuality compared to their 2016 divorce coverage, and 2022 articles evoked fewer biphobic stereotypes. However, outlets generally did not connect Heard’s (or Depp’s) prior arrest with current allegations of violence. Furthermore, Heard lost the trial amid social media vitriol, thereby questioning news media’s position in a newly digital “economy of believability”.

From Fear and Distrust to Trust and Collaboration: Exploring Transitions in the Quality of Relationships in the Encounters Between Immigrant Parents and Child Welfare Services

This article examines the characteristics of transitions in the quality of relationships from fear and distrust to trust and collaboration in the encounters between immigrant parents and child welfare services and explores what these changes demonstrate about trust and collaboration within such contexts. The study draws on empirical data from interviews with ten immigrant parents who have experience with the Norwegian Child Welfare Services due to allegations of child abuse and/or neglect. The findings show that the transition from fear and distrust to trust and collaborative relations does not evolve in clearly defined phases but rather unfolds as a complex cyclical process. This process appears to involve fear, distrust, and uncooperative behavior as a point of departure but can, in some cases, develop into trusting and collaborative relations with disruption and restoration during the process. The characteristics of the transitions seem to demonstrate that parents can engage in trusting and collaborative relations amid institutional distrust, fear, and vulnerability, if they experience the encounter as meaningful. The turning points in this regard include the following: (1) parents’ experience of positive interactions and relational trust with child welfare professionals and (2) defining moments in the subsequent intervention process, including parents’ awareness that the intervention will not lead to child removal and/or the positive impacts of therapeutic intervention measures like parental training courses, counseling, and financial support.