Historic Child Sexual Abuse Research Articles

Historical child sexual abuse cases reported to the police by Indigenous adults in a northern Canadian territory: an exploration of factors affecting the likelihood of charges and convictions

ABSTRACT The current research examined historical child sexual abuse files from a northern Canadian police force, looking at factors pertaining to the offence, the complainant and the suspect, in an area with a large Indigenous population. The dataset analysed represented all reported cases (N = 229) of historical child sexual abuse by Indigenous complainants in the database of the participating force from 2005 to 2019. Analysis of all cases showed charges were more likely in cases with multiple complainants, female complainants and complainants 11–14 years old at the time of the abuse. For cases where charges were laid (n = 135), convictions were slightly more likely in cases with less serious offences. For trial cases (n = 75), multiple complainants, the relationship of suspect to complainant, age of suspect and age difference between complainant and suspect were significantly associated with trial outcome. Ethnicity of suspects showed no relationship to charges or convictions. PRACTICE IMPACT STATEMENT This research demonstrates the importance of support for all victims of historical child sexual abuse when navigating the difficult process of disclosing abuse and engaging the criminal justice process. In particular, Indigenous men may need increased access to victim services, given the finding that they are less likely to see charges and convictions at trial for their cases. Continued public education encouraging reporting of child sexual abuse, even for victims of historical crimes, is needed as cases with long delays between offence and report are just as likely to result in charges and convictions as cases with less delay.

Police interviews with adult reporters of historical child sexual abuse: Exploring the link between verbal rapport and information obtained

BackgroundPolice officers and academics agree that rapport is important when interviewing victims and witnesses, although previous research has found that officers do not always engage in rapport-building behaviours during interviews. Interviews with complainants reporting historical child sexual abuse may be key to police investigations, as physical or corroborating evidence is often not available. ObjectiveThis research explored the possible effect of verbal rapport-building behaviour on the elicitation of investigation-relevant details in historical child sexual abuse victim interviews. Participants and settingA sample of interviews (N = 44) with adults reporting historical child sexual abuse in a northern Canadian territory with a large Indigenous population was examined. MethodsInterviews were evaluated for interviewer verbal rapport-building behaviours, using a framework derived from Tickle-Degnen and Rosenthal's three domain model of rapport. Interviews were also coded for details given by the interviewee. ResultsResults showed that verbal rapport was significantly positively correlated with both total details (r = 0.621, p < .001) and abuse relevant details (r = 0.518, p < .001). Chronological Rapport Maps were piloted, to show the use of rapport behaviours over the course of interviews, and the possible effect over time of these behaviours on information yield. ConclusionsThe results show that information yield is higher when more rapport behaviours are demonstrated and both parties work together harmoniously, even after a long delay. Further research is needed on the experience of police interviews for Indigenous complainants.

‘Cold feet’: The attrition of historic child sexual abuse cases reported to the police in a Northern Canadian Territory

BackgroundMost previous sexual assault attrition research has not differentiated between cases reported promptly and non-recent (or historic) reports, obscuring differences in attrition patterns. Historic child sexual abuse [HCSA] presents challenges for investigation and prosecution, including a lack of physical evidence, and complainant and witness memory issues. ObjectiveTo determine attrition patterns and analyze complainant reasons for withdrawal in HCSA cases in a region with a large Indigenous population. Sample and settingThis study examined 231 non-institutional HCSA complaints reported to the police in a Northern Canadian Territory. MethodsFiles were coded for a range of complainant, suspect, and offence variables. Reasons given by complainants were examined using thematic analysis. Logistic regression was performed, looking for factors connected with complainants' likelihood of continuation. ResultsOverall attrition was 68.8%, with 159 cases not resulting in convictions. The leading cause of attrition, at 39.6%, (n = 63) was initiated by complainants, many of whom withdrew during the early stages of the investigative process. Thematic analysis of reasons for complainant withdrawal yielded two main themes (‘cold feet’ and ‘therapeutic’). Logistic regression results showed that three complainant-related variables were significant [p = 0.001] for complainant continuation: multi-complainant cases; previous disclosure by complainants; and complainant age (15–17 years old) at offence. ConclusionsResults showed less attrition overall than for recent sexual assault, and highlighted the need to support HCSA complainants from early in the process, especially those reporting abuse for the first time. It was also found that some complainants were satisfied without going to court.

ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION

AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.

More than support to court: Rape victims and specialist sexual violence services.

This article explores the involvement of specialist sexual violence services, including Independent Sexual Violence Advisers (ISVAs), in supporting victims/survivors of rape and sexual abuse to engage with the criminal justice system (CJS) in England and Wales. The underpinning research, conducted in one area of England, included referral data from the police and key specialist sexual violence services, interviews with 15 victims/survivors of sexual violence in contact with the police and specialist services, and interviews with 14 practitioners from sexual violence and related services. We examine the complex needs of victims/survivors of sexual violence (who have experienced historical child sexual abuse, acquaintance rape or rape in the context of intimate partner abuse), how their needs differ and vary over time, and the ways in which these diverse and changing needs are met by specialist sexual violence services. Non-specialist agencies, such as statutory mental health services, are unable to provide similarly targeted responses. The research found that specialist sexual violence services play particularly crucial roles through the use of approaches that can be characterised as flexible, enabling, holding and mending. However, this important work could easily be lost in the current climate of local service commissioning, to the great detriment of victims/survivors of sexual violence.

Clinical characteristics of children presenting with a suspicion or allegation of historic sexual abuse

IntroductionPolice-recorded sexual offences against children and young people (CYP) increased 85% in the UK between 2010/2011 and 2014/2015. Many children delay disclosure, but little data are available regarding characteristics of...

Trauma and the Construction of Suffering in Irish Historical Child Sexual Abuse Prosecutions

Adopting the special issue’s broad definition of criminal law reform, this article explores some of the ways the Irish criminal process is grappling with the demands for justice of adults who report childhood sexual abuse. In particular, it shows how the cultural notion of trauma is bound up with the construction of victims’ suffering. In historical child sexual abuse prosecutions, trauma is shown to be an effect of the abuse on the victim/survivor; a site of mediation of the relationship between the state and victims; and a site of mediation of the relationship between the state and its past. The article first explores these insights in relation to the law’s approach to questions of alleged procedural unfairness to defendants flowing from the passage of time. Trauma is exposed as both legitimating some forms of suffering, and disqualifying others. The article then employs the trope of trauma to expose the problems with current approaches to cross-examination of vulnerable victims and recent reforms of the rules on disclosure of victims’ counselling records. Finally, the article explores the possibilities of trauma discourse in thinking anew about how to address the suffering of victims of historical child sexual abuse.

The impacts of institutional child sexual abuse: A rapid review of the evidence

While awareness of institutional child sexual abuse has grown in recent years, there remains limited understanding of its occurrence and outcomes as a distinct form of abuse. Drawing on research commissioned by the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, this article presents a rapid review of available evidence on the impacts of institutional abuse on victim/survivors. Literature searches identified 75 sources spanning international peer reviewed work and reports to Government that document or quantify the impacts of mostly historical child sexual abuse occurring in religious, educational, sporting and residential or out-of-home care settings. Consistent with child sexual abuse in other contexts, institutional child sexual abuse is found to be associated with numerous, pervasive and connected impacts upon the psychological, physical, social, educative and economic wellbeing of victims/survivors. Further, institutional child sexual abuse is associated with vicarious trauma at the individual, family and community level, and with impacts to the spiritual wellbeing of victims/survivors of abuse that occurs in religious settings. The identified literature suggests the trauma of institutional child sexual abuse may be exacerbated by the interplay of abuse dynamics in institutional settings, which may reduce or impede circumstances supporting disclosure, belief, support and protection from future harm. Acknowledging the limitations of the present study and the available evidence, this narrative synthesis provides insights into the complex impacts of institutional child sexual abuse.

Tendency and Coincidence Model Provisions: An Analysis of the Proposals by the Royal Commission into Institutional Responses to Child Sexual Abuse

The Royal Commission into Institutional Responses to Child Sexual Abuse was constituted in 2013 to investigate historical and contemporary child sexual abuse committed in various institutional settings. As part of its work, the Royal Commission investigated the criminal justice system's response to offending of this kind. This investigation has included proposing amendments to the rules regulating the admission of tendency and coincidence evidence. The comment will examine the proposed changes to those rules, and the empirical basis for them. It argues that while there is certainly grounds for reconsidering the tendency and coincidence rules, the reforms proposed by the Royal Commission drastically and improperly lower the threshold for admissibility, and do not have a solid evidential basis.

Twenty-six years prosecuting historic child sexual abuse cases: Has anything changed?

Twenty-six years prosecuting historic child sexual abuse cases: Has anything changed?

The Victim of Historical Child Sexual Abuse in the Irish Courts 1999–2006

In recent years, Ireland has been rocked by revelations of historical child sexual abuse. This has led to a variety of state responses but one question remains particularly difficult to answer: why did the sexual abuse of children go unrecognized as a societal problem for so long? This article seeks answers by scrutinizing cases in which defendants sought to have their trial prohibited because of the delayed reporting. It explores the legal test used in the period 1999–2006, which focussed on the abuser’s ‘dominion’ over the victim. The use of the notion of dominion elicited valuable information about the reasons for the delay and how children were silenced. Uncovering these stories is essential to understanding the dynamics of child sexual abuse. However, a critical reading of the delay cases that draws on feminist critiques of battered woman’s syndrome and rape trauma syndrome reveals law’s power to impose hegemonic discourses onto victims and to produce new histories. Under the dominion paradigm, the courts distorted victims’ accounts of their experiences and sidelined stories that pointed towards a culture of indifference to abuse. Thus, law is shown to occupy a paradoxical position in relation to Ireland’s history of child sexual abuse.

The value of paediatric assessment in historic child sexual abuse

IntroductionA perception exists that there are few benefits of a paediatric assessment in historic child sexual abuse (CSA), as the likelihood of finding forensic evidence is low.AimTo determine the value...

Rape investigation and attrition in acquaintance, domestic violence and historical rape cases

AbstractThis paper looks at the progression of rape cases through the criminal justice system, from report to court, exploring the different attrition trajectories for cases that can be characterized as involving acquaintance, intimate domestic violence, and historical child sexual abuse contexts. Using police data from three police forces in England covering 87 cases, interviews relating to 15 victim/survivors and interviews with criminal justice professional, the paper explores investigative processes and victim engagement across rape cases and their different trajectories through the criminal justice system. The legal and extra‐legal factors that have been identified in the previous literature as increasing attrition, such as relationship between victim and offender, vulnerability of victim, and evidential issues, were all seen to play some part in the attrition and trajectories of the cases discussed here, but were relevant to different degrees depending on whether the cases involved acquaintance, intimate domestic violence, or historical child sexual abuse. If we are to more effectively deal with the “justice gap” that exists in rape cases, an important aspect is to understand the differences between these groups of cases and the particular circumstance and needs of the victims in these different contexts.

P191 Establishing an integrated level 2 sexual health service for people with learning difficuties

Background/introduction A local needs assessment by Public Health in 2013 identified an unmet need for sexual health services for young people (13–25 years) with learning difficulties. Public Health identified funding and developed a service specification for a local level 2 sexual service that was tendered for a pilot period of 15months. We were successful in bidding for the service. Aim(s)/objectives We describe our journey in establishing a bespoke sexual health service for people with learning difficulties as part of our level 3 Sexual Health and HIV service. We outline the difficulties we encountered, how we overcame them and highlight learning points for other providers wishing to establish similar services. Methods A descriptive analysis of the clinic history, service provision, staff training, clinic activity and STI and contraception diagnoses. The complexity of individual cases is captured by brief case histories. Results The service delivery model is multidisciplinary and was developed in collaboration with all key stakeholders including the users themselves. An initial survey identified a community site co-located with the community paediatric service for disability and a Friday afternoon after school as the preferred options. We advertised the service widely including all schools for children with special education needs, social services and carers and GPs. The service opened in March 2014 as a monthly service (Friday 2–6 pm) and was provided by an experienced dual trained speciality doctor, band 6 nurse and band 2 technician together with the community nurse specialist for children with learning difficulties. The service provided STI/HIV screening and management, a full range of contraception choices and sexual health advice. New patient appointments were 1hr and involved time with both the Dr and nurse in order to meet the complex needs of the patients. After 14 months we relocated the service to our level 3 Sexual Health centre located on the main hospital site due to practical difficulties with providing a remote service to a complex group of patients. We changed the clinic session to a regular weekly session on a Wednesday afternoon (3–6 pm). From March 2014 to Dec 2015 there have been 60 attendances by 18 patients (13F, 5M; 17 heterosexual, 1 MSM; 90% white British). 50% patients were under 25 years with a range from 16 to 40 years. Number of STI screens: GC, chlamydia and HIV = 15; GC and chlamydia only = 10; HIV only = 3. STIs diagnosed: chlamydia = 3, TV = 1, PID = 2, 1st episode HSV = 1. Contraception services provided: implant 3, IUS 1, depo 2, COCP 2, EMC 2, PT 6. Historic child sexual abuse was disclosed by three patients. Discussion/conclusion We successfully established a dedicated sexual health service for people with learning difficulties. Although numbers of attendances are small the patients present with complex needs and require long appointment times. 38% of our patients were diagnosed with an STI. The service team benefited from additional training in learning difficulties and capacity assessments and support from senior staff in the level 3 clinic.

Historical child sexual abuse in England and Wales: the role of historians

This article reflects on methodological and ethical issues that have shaped a collaborative project which aims to chart social, legal and political responses to child sexual abuse in England and Wales across the twentieth century. The etymological problem of searching for child sexual abuse in the historical archive is discussed, given that the term itself is a relatively recent one. Acknowledging that research tools will always be partial, it then focuses on the gaps and silences in the archive, most problematically in relation to the voices and experiences of victims and survivors themselves. Finally it discusses ethical issues relating to the naming or anonymising of those accused and convicted (as well as victims and survivors) in the writing up of research findings. The discussion focuses on two key periods – the 1920s and 1950s – and on education policy, including regulatory procedures for teachers in state and fee-paying schools.

Police and Prosecutors’ Perceptions of Adult Sexual Assault Evidence Associated with Case Authorisation and Conviction

This study examined the association between the quality of verbal evidence in cases of sexual assault reported by adults and professionals’ (police and prosecutor) ratings of the likelihood that the cases will result in a conviction at trial. Sixteen police detectives and 19 prosecutors (all specialists in sexual assault) each read two mock sexual offence briefs of evidence, one of a case involving rape of an adult and the other involving an adult reporting historical child sexual abuse. For each case type, two versions of the briefs were developed with regard to evidence quality, which varied according to the degree of elaboration in the responses by the witnesses and suspect, and contextual evidence. Participants rated the likelihood of proceeding with a case and conviction (on 10-point likert scales) and provided a rationale for their decisions. Almost all of the participants agreed that the cases would proceed to court. However, the likelihood of conviction was not associated with the likelihood of proceeding to court, or the evidence quality of the briefs. Differences were found in both the ratings of proceeding to court and conviction, and the factors underpinning the ratings across the two professional groups. The implications of the findings for police organisations are discussed.

Responding to Historical Child Sexual Abuse: A Prosecution Perspective on Current Challenges and Future Directions

The prosecution of charges of historical child sexual abuse routinely raises a range of complex legal and evidentiary issues in criminal law. There is often legal argument about the admissibility of evidence, lengthy legal directions to the jury and appeals following conviction. This is a constantly evolving area of the law and remains challenging for lawyers and other stakeholders in the criminal justice system. This article examines some issues that commonly arise for prosecutors in handling such cases, including the separation of trials, the use of expert evidence, context evidence, concoction evidence and complaint evidence. Consideration is also given to the impact of the criminal justice setting on victims. The article is presented from the practical perspective of a Crown Prosecutor who works in prosecuting such cases. Through this prosecutorial lens, some proposals for reform are canvassed.

Historical Child Sexual Abuse Investigations: A Case for Law Reform

Historical child sexual abuse investigations typically present with degraded evidence, which hinders successful prosecutions. However, the poor state of evidence in these cases is not merely a function of the passage of time, but also the result of unnecessary complexity and restrictions on investigative procedures. This is particularly true of the investigative procedures around police obtaining admissions and confessions. Admissions and confessions are among the most potent forms of evidence against an accused person, but they take on an even more important role in investigations where other evidence is degraded. This article argues that the common law prohibition on adverse inferences being drawn from the right to silence, and the exclusion of most sexual offences from the Telecommunications (Interception and Access) Act 1979 (Cth), should be reconsidered as important steps to obtaining more viable evidence for historical child sexual abuse cases.

Responding to Historical Child Sexual Abuse and the Needs of Survivors

Click to increase image sizeClick to decrease image size Additional informationNotes on contributorsJudy CashmoreJudy Cashmore AO is an Associate Professor in Socio-Legal Studies at Sydney Law School, University of Sydney. She has a PhD in developmental psychology and a Masters degree in education. Her research concerns children's involvement in civil and criminal proceedings and other processes in which decisions are made about children's lives. The special focus of this research has been on children's experience and perceptions of the process and the implications for social policy. Judy has worked as a consultant to various government agencies and been involved in numerous state and federal government committees concerning children and families. Together with colleagues Patrick Parkinson and Rita Shackel, Judy is currently researching ‘The impact of delayed reporting on the prosecution of child sexual assault cases and the outcomes' under a grant from the Commonwealth Attorney-General's Department and the Royal Commission into Institutional Responses to Child Sexual Abuse. Email: judith.cashmore@sydney.edu.au.Rita ShackelRita Shackel is an Associate Professor at Sydney Law School, University of Sydney. She holds undergraduate and postgraduate qualifications in law, science, psychology and education. She has worked as a lawyer, legal policy officer and academic in a range of settings. One of her primary research interests is the evaluation and reform of legal and social justice processes, particularly vis-à-vis victims of crime, with a specific focus on gender-based violence and children's interaction with the law. Rita has worked and published broadly in the field of child sexual abuse. She has a particular interest in the dynamics of child sexual assault and how victims and survivors disclose their assaults and the evidentiary issues that arise in such cases. In 2012 she received the Medico-Legal Society of Sri Lanka Oration Medal and the Professor CC de Silva Memorial Oration Medal for her work on child sexual abuse in Sri Lanka. Email: rita.shackel@sydney.edu.au.

Due Process and the Admission of Expert Evidence on Recovered Memory in Historic Child Sexual Abuse Cases: Lessons from America

This article reviews the decisions of the US state courts on the admissibility of expert testimony on recovered memory in historic child sexual abuse prosecutions. Unlike their English and Irish counterparts, most US courts scrutinise the reliability of expert evidence on recovered memory. In examining the US decisions the article explores the challenges posed to the criminal process by the contested scientific status of recovered memory theory. It sets out due process arguments why expert evidence on the topic should not be admitted in a criminal trial.