Abuse Prosecutions Research Articles

Human Trafficking and the Passage of the 2000 TVPA: A Comparative Analysis of Prosecution of Sex Trafficking, Child Pornography, and Sexual Abuse Cases

ABSTRACT We examined changes in patterns of federal prosecutions of sex trafficking cases, including the success of those prosecutions, between 2000, when congress passed the Trafficking Victims Protections Act (TVPA), and 2020. For comparison purposes, we evaluated changes in federal child pornography and sexual abuse prosecutions over the same time. Across all case types, the number of prosecutions increased through the early 2000s and decreased after 2012 though 2020. This decrease occurred slightly later and was proportionally more dramatic for sex trafficking than for child pornography and sexual abuse. The success of prosecutions for all three case types was high, although for trafficking cases, success decreased post 2015, a potentially concerning trend given that the number of cases prosecuted also decreased. Finally, most cases ended in convictions, typically via plea deals. Sex trafficking cases were slightly less likely to be pled, but among pled cases, plea discounts occurred. Neither of the latter trends varied over time, suggesting consistency in outcomes, especially among trafficking cases. Results highlight areas of potential success linked to the TVPA but also areas of ongoing concern and a need for continued improvement in federal efforts to prosecute sex trafficking.

Weaknesses of the Termination of Prosecution Regulation against Narcotics Abuse

The illicit trafficking and abuse of narcotics targeting the younger generation has reached various corners of the region and the abuse is evenly distributed across all social strata of society. Basically, narcotics are very necessary and have benefits in the fields of health and science, however the use of narcotics becomes dangerous if misuse occurs. This research aims to analyze the weaknesses in the current Regulation on Cessation of Prosecution of Narcotics Abusers, to reconstruct the Regulation on Cessation of Prosecution of Narcotics Abusers Based on Restorative Justice Values. The approach method used in this legal research is a sociological juridical approach. The data obtained in this research was then selected and arranged systematically to be further analyzed and presented using qualitative analysis methods. The results of this research are that the weaknesses in the current regulations for stopping prosecution of narcotics abusers are weaknesses in terms of legal substance, weaknesses in terms of legal structure and weaknesses in terms of legal culture.

The Right to Sex: Feminism in the Twenty-First Century

<i>The Right to Sex: Feminism in the Twenty-First Century</i>

Toward a better understanding of the elder abuse forensic center model: comparing and contrasting four programs in California

ABSTRACTResolving elder abuse, neglect, and self-neglect often requires the authority and expertise of multiple providers. Prior research of the elder abuse forensic center (FC) model, although limited, has indicated strong member support, increases in prosecution of abusers, and increases in conservatorship for those lacking capacity. This study expands on previous single-site research by conducting a cross-site multimethod evaluation of four established FCs to better describe the model and inform its replication with fidelity. Data were compiled from FC administrative data, site visits completed from 2011–2012, and a follow-up telephone interviews conducted in 2018. Site characteristics, processes, desired outcomes, and long-term sustainability were compared. All FCs had dedicated staff who convened a multidisciplinary team (MDT) of medical, legal, and social services providers to jointly engage in case review, consultation, and provision of supportive professional services. Similar results were observed across all sites in team effectiveness and member-perceived improvements in personal practice and inter-agency relationships. While three programs had unified philosophies and practice approaches, one employed a distinct model and was no longer in operation at follow-up. Commonalities in case characteristics, program structure, processes, and outcomes provide insight into the core model components and a foundation for continued program replication and standardization.

Animal maltreatment from ancient times to the 21st century: Foundation for a call to action now

Animal maltreatment from ancient times to the 21st century: Foundation for a call to action now

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 Context and Impact of Being Wrongly Accused of Abuse in Occupations of Trust

AbstractIn recent years, there has been rising concern that allegations of sexual abuse, particularly non‐recent abuse, have not received an appropriate response. From this has emerged a new determination to correct past and prevent further injustices, with police operations focusing considerable resources on the identification and prosecution of child abusers. Police and other services have reached out to encourage reporting, and developments in the trial process related to the rules of evidence have eroded due process protections for suspects. This article considers this changed legal and social context, and the processes entailed in responding to allegations of abuse, before presenting original empirical data, gathered from the accounts of 30 men and women who were wrongly accused of abuse related to their employment in occupations of trust. It demonstrates the considerable and lasting harms done to those who face allegations of such heinous crimes.

Iowa Dependent Adult Abuse Prosecutions From 2006 Through 2015: Health Care Providers’ Concern

Background: In most states, health care providers are required to report abuse. Some states provide investigation feedback/findings to the reporter. The reporters rarely know if the perpetrator is convicted. The purposes of this study are to determine the incidence of Iowa dependent adult abuse prosecutions from 2006 through 2015, the incidence of convictions, and the association between dependent adult abuse prosecutions with county census and government characteristics. Design and Methods: Through the Iowa Court Information Systems, dependent adult abuse prosecution data were purchased for a 10-year time period. County demographics were obtained through the US Census and government data were Iowa State Association of Counties and the US Department of Agriculture. Results: During 2006-2015, there were 368 dependent adult abuse prosecution cases accounting for 482 original charges. Exploitation greater than $100 was the dependent adult abuse charge most frequently cited. Within the 10 years, it accounted for 60% of the original charges. Of the 482 disposed charges, 251 (52%) of the charges were dismissed. A total of 122 (14%) counts resulted in probation, 73 resulted in prison, and 37 in jail. Conclusions: For the first time, information about dependent adult abuse prosecutions in Iowa is available. The latter 5 years, 2011 to 2015, of dependent adult abuse prosecutions are significantly higher than the first 5 years, 2006 to 2010. This project encourages health care providers to report dependent adult abuse to law enforcement if appropriate as well as adult protective services.

Admissibility of Children's Statements in Sexual Abuse Prosecutions: Prompt Complaint, Excited Utterance, Medical Diagnosis or Treatment, Child Sexual Abuse Hearsay Exception; Confrontation Clause

In a prosecution for child sexual abuse, the alleged victim’s statements may be admissible in evidence as an excited utterance, a statement for purposes of medical diagnosis or treatment, as a prompt complaint, or pursuant to a jurisdiction’s specific child sexual abuse hearsay exception.In assessing the current state of the waterfront with respect to the admissibility in a criminal prosecution of statements made by child victims of sexual abuse, the most glaring recent development is the backsliding caused by the United States Supreme Court’s reinterpretation of the Confrontation Clause beginning with Crawford in 2004.If the child declarant is unavailable to testify at trial, out-of-court statements of the child victim of sexual abuse are now much, much less likely to be admissible at trial. Many of such statements will have been made to law enforcement personnel. Each and every one of such statements made to law enforcement personnel, including SART personnel, must be subjected to the Confrontation Clause primary purpose testimonial/nontestimonial test. While some initial excited utterance statements to law enforcement personnel, admissible under the rules of evidence regardless of whether the declarant testifies, will be held to be nontestimonial, many others will not pass constitutional Confrontation Clause scrutiny. More significantly, all subsequent statements that were made by the unavailable to testify at trial child victim of sexual abuse as part of a subsequent ongoing investigation, in spite of admissibility of many under a state specific child sexual abuse hearsay exception, are now clearly inadmissible in a prosecution of the alleged abuser. The foregoing may be one of the most serious, hopefully, unintended consequences of the United States Supreme Court ill-advised primary purpose testimonial/nontestimonial Confrontation Clause adventure.

True cost of care.

In The wake of the shocking abuse of frail and vulnerable care home residents featured in a recent BBC Panorama documentary, the call for solutions is understandable. But, sadly, there are no quick or cheap answers. More inspections, installation of surveillance cameras in residents' rooms and prosecution of abusers might assuage public anger for now, but they are as likely to end abuse as to find a cure for dementia.

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.

Predators and Propensity: The Proper Approach for Determining the Admissibility of Prior Bad Acts Evidence in Child Sexual Abuse Prosecutions

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test of Federal Rule of Evidence 403 and its state equivalents. Over the years, courts and legislators have attempted to develop analytical frameworks to be used by trial judges when evaluating the probative value of prior bad acts propensity evidence in child sexual abuse cases. Unfortunately, the framework most often applied by the courts in these cases has minimal correlation to the determination of propensity, but instead is premised upon the traditional Rule 404(b) basis of establishing proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, or accident. As a result, courts end up applying differing, and sometimes inconsistent frameworks that bear no rational relationship to one’s propensity to commit a child sexual offense. Without such a relationship, it is virtually impossible to meaningfully engage in a Rule 403 balancing test to determine the probative value of prior bad acts evidence being offered to establish propensity. This Article proposes a new analytical framework (the “403 Propensity Proposal”) to be applied by courts when evaluating the admissibility of prior bad acts evidence in child sexual abuse prosecutions that directly correlates to the issue of propensity. If such evidence is to be admissible, courts must ensure that it be directly probative of researched behavioral patterns of those who sexually victimize children. The heart of this proposal is the consideration, evaluation, and application of three methods commonly employed by those who sexually victimize children. The 403 Propensity Proposal applies these three methods — trust, authority, and instrumental force/threats as factors in establishing a rational and consistent analysis for evaluating the probative weight of such propensity evidence. This Article culminates with the application of the 403 Propensity Proposal to a fictional case study involving a child sexual abuse prosecution where the prosecutor seeks to introduce the testimonies of three witnesses who allege prior sexual abuse by the defendant. The case study application demonstrates that the proposed propensity factors will better ensure that prosecutions for these types of crimes are based upon relevant and probative evidence that directly relates to one’s propensity to sexually victimize children. Both defendants and complainants are entitled to nothing less.

Addressing Fragmentation Through an Elder Abuse Network: The New York City Experience

As in many municipalities, New York City's approach to elder abuse is fragmented. Different funding streams and legislative mandates seeking to address elder abuse have created separate systems with divergent goals, priorities, and views. In addition, the lack of mandatory reporting requirements has created an environment in which little or no data about elder abuse are exchanged among agencies, and there is no unified approach to advocacy, worker training, public education, and outreach. Adding to the problem, there has been tremendous growth and specialization in victim services over the last two decades. Professionals in many fields outside of law enforcement, prosecution, victim services, and the courts-fields traditionally concerned with elder abuse-are not connected to the elder abuse system although they increasingly encounter cases of such abuse, neglect, exploitation, and domestic violence requiring an immediate and appropriate response. This article is about The New York City Elder Abuse Network1 (NYCEAN), formed in 2006 to address fragmentation and lack of a unified approach by (a) facilitating linkages among police, prosecutors, providers of direct elder abuse services (e.g., legal and victims' services), and providers of supportive services needed by older victims, and (b) offering opportunities for cross-disciplinary case consultation, information sharing, and sharing of different approaches and perspectives. The genesis of NYCEAN, however, can be traced back through more than 20 years of partnership initiatives by the New York City Department for the Aging (DFTA, or the department) with a variety of stakeholders in elder abuse prevention, services, law enforcement, and prosecution. These efforts brought together informally many of the organizations currently constituting the network and laid the groundwork for its formation. Between 1984 and 1996, the department provided leadership for a coalition of enforcement personnel, prosecutors, and social workers in social service agencies who met monthly to discuss legislation, plan prevention, and advocacy activities and share information across disciplines. DFTA's interest in promoting greater coordination across agencies was propelled by its Elderly Crime Victims Resource Center, established in 1979. The coalition never developed the infrastructure that would enable it to become a self-sustaining body, however, and when the DFTA staffer who provided the sole leadership was no longer available to carry the major share of the work, the coalition disbanded. Nevertheless, contact among individual member organizations continued on issues of common concern, and several former members hosted case consultation groups that, meeting periodically, also kept relationships alive. In 2003, DFTA again reached out to elder abuse stakeholders working in a variety of settings, including social services, domestic violence programs, academia, law enforcement, and New York City government. DFTA invited them to participate on an advisory committee that would provide direction to the creation of a training curriculum for law enforcement officers, prosecutors, and relevant court personnel. The curriculum would cover the signs and symptoms of physical abuse, mental abuse, and financial exploitation of the elderly and the most effective approaches to ensure the prosecution of these crimes. DFTA had received a 2-year grant from the Department of Justice to develop the curriculum and train on it. Partnering with DFTA on the grant were the Mayor's Office of Criminal Justice Coordinator, the Mayor's Office to Combat Domestic Violence, the New York Police Department and two community-based nonprofit organizations, the Jewish Association of Services for the Aged (JASA), and the Center Against Domestic Violence. The 20-member advisory committee reviewed the curriculum and many contributed sections. This experience of working together on a common project forged new relationships, strengthened old ones, and reinforced the conviction of all concerned that New York City would benefit greatly from a coordinated approach to problems of fragmentation in elder abuse prevention, prosecution, and services. …

Penalties for health care fraud and abuse: January 2007-March 2008

This commentary details the providers, penalties, and affected regions resulting from US health care fraud and abuse prosecutions from January 2007 to March 2008. Database review found that over $3 billion in fines as well as incarceration in some cases were ordered for 21 convicted providers, 68 percent of whom were physicians, and to 41 nonproviders, most of whom were vendors of durable medical goods (36%), individual citizens (18%) and health care corporations (17%). Fewer claims were found against pharmaceutical firms (7%) and medical equipment manufacturers (4%). Most verdicts were in the state of Florida. False claims accounted for most of the violations for both providers and nonproviders. These severe repercussions of malfeasance should promote careful consideration and construction of the terms of engagement between health care providers, corporations, and payers.

The contribution of children's advocacy centers to felony prosecutions of child sexual abuse

Objective To describe trends of felony sexual abuse prosecutions between 1992 and 2002 for two districts of a large urban city that differed primarily in their use of children's advocacy centers (CACs) for sexual abuse evaluations in children. Methods Aggregate data for two districts of a large urban city were provided from 1992 to 2002 from the district attorney's office, child protective services (CPS) agency, and all CACs serving both districts. Summary statistics were calculated over time and compared between both districts for ecologic trends using negative binomial regression. Results Over the time period of the study, substantiated reports of child sexual abuse declined: District 1 experienced a 59% decrease in the incidence of reports, while District 2 experienced a 49% decrease in the incidence of reports. Despite this decrease, felony prosecutions of child sexual abuse increased in District 1 (from 56.6 to 93.0 prosecutions/100,000 children, rate ratio 1.64, 95% CI 1.38–1.95), but did not significantly increase in District 2 (from 58.0 to 54.9 prosecutions/100,000 children, rate ratio 0.94, 95% CI 0.73–1.23); by 2002, the rate of felony prosecutions in District 1 was 69% greater (95% CI 37–109%) than the rate in District 2. In 1992, CACs in District 1 evaluated approximately 400 children, increasing to 1,187 children by 2002. The number of children evaluated by CACs in District 2 increased modestly from nearly 800 in 1992 to 1,000 in 2002. Conclusion Felony prosecutions of child sexual abuse doubled in a district where the use of CACs nearly tripled, while no increase in felony prosecutions of child sexual abuse was found in a neighboring district, where the use of CACs remained fairly constant over time. Practice implications Though many limitations exist when bringing together ecological data from different agencies, the strength of the association we observed between increased CAC use and increased felony prosecutions, and the stepwise fashion in which it occurred should support future research to confirm our findings and to delineate which attributes of CAC performance might impact the likelihood of prosecution of child sexual abuse.

Race Matters in the Prosecution of Perpetrators of Inflicted Traumatic Brain Injury

The goal was to examine the case flow of child physical abuse prosecutions through the judicial system and to examine determinants of charges and sentencing decisions. This prospective cohort study monitored all defendants in identified cases of inflicted traumatic brain injury in North Carolina in 2000 and 2001. Victims were identified prospectively through surveillance at all PICUs in North Carolina and the Office of the Chief Medical Examiner. Suspected perpetrators were identified through information from families, hospital records, newspaper clippings, the Department of Corrections, and Clerks of Superior Court. Judicial case flow from original charges through sentencing was mapped. The victims' injury characteristics and suspects' characteristics, including potential mitigating and aggravating factors, were examined. Suspected perpetrator and victim characteristics were entered into multivariate models for examination of associations with charges and sentencing decisions. Original and final charges varied widely. The most frequent original and final charge was the lowest-class felony child abuse charge. The child's death was predictive of higher felony charges. Sentences ranged from probation to life in prison. Of the defendants who were found to be guilty, 63% were incarcerated for some period of time. Severe sentences were associated with perpetrator race. Prosecutors frequently charged the lowest felony child abuse charge available unless the child died. Minority status was not important in the decision to bring charges against a suspect but was the most important measured factor in rendering a sentence. Although the most appropriate charges and sentences can be argued, there seems to be a statewide bias toward harsher sentences for minority perpetrators.

The Lessons of Capturing the Friedmans: Moral Panic, Institutional Denial and Due Process

In the 1980's hundreds of childcare workers were accused of sexually abusing children in horrific ways. Arnold and Jesse Friedman, whose prosecutions are chronicled in the film Capturing the Friedmans, were among those convicted and sent to prison during this period. Sociologists have called this series of prosecutions a classic moral panic: a widespread, hostile, volatile overreaction to a perceived societal threat. This paper examines the concept of moral panic in the context of the day care sexual abuse prosecutions in general, and the Friedman prosecutions in particular. It begins by exploring the role of the legal system in the construction of a moral panic, asking how a system which styles itself as rational and process oriented becomes the handmaiden of institutionalized hysteria. It then considers whether moral panic is a useful heuristic for understanding how justice was derailed in the Friedman cases and so many others, and what ought to be done to address the problem. It argues that the concept is limited in its ability to distinguish normatively between cases of overreaction and cases of institutional denial. Further, it suggests that, to the extent the concept of moral panic misconceives these periods of institutionalized hysteria as a series of isolated phenomena, it does not adequately address the deeply entrenched causes of injustice in cases like the Friedman prosecutions. The paper ultimately concludes that the concept of moral panic is useful because it reminds us of the cultural and historical contingency of notions of criminal justice and criminal deviance. Nevertheless, the concept has limitations that render it inadequate to address the hurdles to justice encountered in the Friedman cases. Most prominently, the concept is hindered by its retrospective nature. Like the question of guilt or innocence, the notion of moral panic is backward-looking, and therefore not well suited to addressing the prospective question of how the justice system can be reformed to dismantle ongoing, systemic hurdles to criminal justice. Law, Culture and the Humanities 2007; 3: 293—319

Expert Evidence of Delay in Complaint in Childhood Sexual Abuse Prosecutions

This article reviews the use of expert evidence to explain delay in complaint in prosecutions for childhood sexual abuse in Australia, New Zealand, Canada, the United States, Ireland, Scotland and England and Wales. Such expert evidence is ‘counterintuitive evidence’ designed to dispel myths, misconceptions or misunderstandings in the minds of jurors which may adversely affect their evaluation of the complainant's evidence.

Can the punishment fit the crime when suspects confess child sexual abuse?

Objective To determine significant predictors of severity of sentencing of sex offenders of minors in a jurisdiction which obtains many confessions. Method Data were abstracted from 323 criminal court case records of sexually abused minors over 11 years in a county which places a high priority on sexual abuse prosecution. The sample used in this analysis consisted of 218 men who received a sentence for a sex offense. Multiple regression analysis was used to examine what factors predicted severity of sentences. Specifically this study explores whether, in a county which is very successful in obtaining confessions to sexual abuse of children, the severity of sentence is explained by the seriousness of the crime (more severe type of sexual abuse, younger age of the victim, prior conviction of a sex offense, and abusing more than one child), or by factors unrelated to the seriousness of the offense, offender confession and/or having a court-appointed attorney. Results Factors that predicted the severity of the sentence were the seriousness of the sex crime, prior conviction of a sex crime, and young age of the victim. Conclusions This community, with a high confession rate and a high conviction rate, imposed sentences that were consistent with the crimes, with more severe sentences for more serious crimes. Convenience factors, such as the fact the offender confessed, and systemic factors, such as having a court-appointed attorney, did not result in more severe sentences.

Delayed Complaints in Childhood Sexual Abuse Prosecutions—A Comparative Evaluation of Admissibility Determinations and Judicial Warnings

This article reviews legal responses to delayed complaints in child sexual abuse prosecutions in Australia, Canada, the United States, Ireland, and England and Wales, focusing on recent legislative and judicial modifications to the historical common law requirement for early or recent complaint. Consideration is given to three legal mechanisms regulating the jury's access to information about delayed complaints: cross-examination of the complainant on the issue of delay, the admissibility of a late complaint for the prosecution, and judicial warnings indicating how, if at all, jurors should incorporate the fact of late complaint into their deliberations.