NCJ Number
141996
Date Published
1993
Length
265 pages
Annotation
The number of allegations of child sexual abuse continues to rise, but no systematic information is available on legal aspects of child sexual abuse cases; drawing on the findings of the first national study of child sexual abuse and the courts, the author looks at how the criminal justice system deals with child sexual abuse cases.
Abstract
The research was conducted in eight jurisdictions in Maryland, Florida, Texas, Kentucky, Kansas, Louisiana, Missouri, and California. Data were obtained from prosecutor case records on child sexual abuse referral source, alleged crime, circumstances of disclosure, victim and offender characteristics, and case disposition. Data regarding trials were collected by having volunteers observe courtroom proceedings. Volunteer observations were recorded on checklists and closed-ended questionnaires. Research findings showed major inequities and inconsistencies. For example, female victims were funneled into the criminal justice system at very different rates than their male counterparts. There was also considerable age discrimination; teenage victims fared far worse in the courts than younger children. Minority defendants were more likely to be convicted, and there was little consistency in how different counties treated child sexual abuse cases. In some locations, cases were diverted to psychological treatment and away from prosecution, while that option did not exist in other locations. Over 90 percent of all cases presented to prosecutors did not go to trial. Of cases that did get into court, significant biases were prevalent in the courtroom. For instance, whether the child witness was poised or befuddled had an effect on juror perceptions of his or her credibility, depending on the type of expert testimony offered in the case. Factors related to case processing included child age, defendant race, relationship of defendant to child, case type, medical evidence, and criminal history. Most perpetrators were male, had less than a high school education, and were often known to the children. The most prevalent offense involved fondling; other offenses included intercourse, physical abuse, and ritualistic abuse. Findings indicate the need to prepare child witnesses in child sexual abuse cases, to reform the criminal justice system in order to eliminate bias, and to conduct additional research on child sexual abuse. An appendix contains the data collection instruments. References, notes, tables, and figures