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Frustrations of Inquiry: Child Sexual Abuse Allegations in Divorce and Custody Cases

NCJ Number
175114
Journal
FBI Law Enforcement Bulletin Volume: 67 Issue: 7 Dated: July 1998 Pages: 1-6
Author(s)
S L Goldstein; R P Tyler
Date Published
1998
Length
6 pages
Annotation
This article examines child sexual abuse allegations in divorce and custody cases.
Abstract
Of 169 cases of alleged child sexual abuse arising in marital relations courts, only 14 percent were deliberate, false accusations, meaning that the overwhelming majority were legitimate reports. Sexual abuse allegations that surface during divorce or custody cases cause more frustrations for law enforcement investigators than any other because of a lack of evidence, possible biases, and the acrimony between partners on the verge of divorce. Investigators in these cases must determine whether the child is at risk, determine the guilt or innocence of the accused, distinguish valid accusations from those resulting from a parent's honest but misguided belief that a child was abused, and consider whether the allegation is a malicious complaint made solely to gain an advantage in a divorce or custody settlement. Investigators should have policies in place and child protection resources available to handle these cases well before the need arises, in order to produce the sound evidence required to prove the allegations and overcome the frustrations many investigators can experience. Notes