NCJ Number
112728
Journal
Loyola Law Review Volume: 34 Issue: 1 Dated: (Spring 1988) Pages: 111-123
Date Published
1988
Length
13 pages
Annotation
More and more often, courts are returning children to parents who are accused of molesting them, despite significant physical and psychological evidence of sexual abuse.
Abstract
Usually, the accused parent vehemently denies the charge, categorizing it as a vindictive or irrational accusation of an hysterical ex-spouse. In two recent Mississippi cases, involving custody disputes in divorce proceedings, the mothers chose to hide their children and face contempt charges rather than subject the children to the alleged abuser. Because these cases involve divorce, certain biases arise that may deny protection of child incest victims by the court system. Because such allegations are usually litigated in family courts in the context of divorce proceedings, children often get caught in the cross-fire between the parents and the court's attempt to assert its authority over the litigants. A belief also exists that allegations in the divorce context are almost always false, possibly because it is easier to believe that an ex-spouse would fabricate charges than it is to believe that a parent would molest his or her own child. This belief is further reinforced by media assertions that children in such cases have been brainwashed or have fantasized the abuse. Yet, recent studies provide no evidence to support the contention that the incidence of false allegations is higher in custody-divorce cases than in other contexts. To ensure that child incest victims are fully protected, the judiciary must be trained in handling such cases in an open-minded, nonpunitive manner while minimizing courtroom trauma for children and providing judicial support for protective parents. 39 footnotes.