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ASSESSING THE RELIABILITY OF CHILDREN’S SEXUAL ABUSE ALLEGATIONS

ASSESSING THE RELIABILITY OF CHILDREN’S SEXUAL ABUSE ALLEGATIONS. “Reliability” in the Legal Context . From a legal perspective, a ‘reliable’ statement or allegation is one that is considered to be valid, accurate and/or trustworthy .

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ASSESSING THE RELIABILITY OF CHILDREN’S SEXUAL ABUSE ALLEGATIONS

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  1. ASSESSING THE RELIABILITY OF CHILDREN’S SEXUAL ABUSE ALLEGATIONS

  2. “Reliability” in the Legal Context • From a legal perspective, a ‘reliable’ statement or allegation is one that is considered to be valid, accurate and/or trustworthy

  3. Maintain Objectivity When Assessing The Reliability of Children’s Abuse-related Allegations • Consider at least three possible theories and investigate the merits of each theory

  4. The Quality of Children’s Abuse-related Allegations is Strongly Influenced by: • The child’s age • The quality of the interviewing • The child’s willingness to discuss the alleged abuse

  5. Age-Related Considerations When Assessing Children’s Allegations • There is a disproportionate risk of suggestibility among preschoolers--especially 3- and 4-year olds • Carefully consider the potential for ‘improper influencing’ and leading • Misunderstandings are common with very young children • Younger children are less able to provide details

  6. The Quality of the Interviewing Affects Children’s Abuse-related Allegations • Level of Rapport • Interviewer bias (i.e., preconceived beliefs) • Degree of leading • Use of developmentally inappropriate terminology • The interviewer’s emotional reactions to the child’s statements

  7. The Child’s Willingness to Discuss the Suspected Sexual Abuse Affects the Quality of the Allegations • Some sexually abused children will not disclose their abuse regardless of the skill of the forensic interviewer • Therefore, it is often necessary to consider factors other than the children’s allegations to the forensic interviewer

  8. In assessing the likelihood of sexual abuse, also consider the following factors: • Child’s statements to ‘others’ and the manner in which those statements were elicited • Opportunity for the alleged abuse to have occurred • Existence of corroboration, e.g., medical evidence, crime scene evidence, witnesses, perpetrator confession • The potential for improper influencing • The potential for misunderstanding (especially with preschoolers).

  9. Factors Associated with Greater or Lesser Reliability

  10. Reliability Assessment Exercise Are 5 year-old Serena’s statements reliable?

  11. Using the Reliability Checklist, Evaluate the Reliability of Serena’s Initial Statement to Her Friend

  12. The Abuse Report • The mother of 5 year-old Felicia reported that she overheard a conversation between Felicia and her 5 year old friend, Serena, while they were eating hot dogs for lunch. The girls didn’t know that Felicia’s mother was listening. • Serena said she didn’t want to eat her hot dog “because hot dogs are gross!” Felicia disagreed, but Serena insisted that hot dogs are gross and went on to say, “Bradley’s penis looks like a hot dog, and it’s gross! He makes me lick it. It tastes yuckie!” • Bradley is Serena’s mother’s boyfriend. Serena and her mother moved in with Bradley about three months ago.

  13. The Child Undergoes a Forensic Interview at the Child Protection Team • After rapport is established, the following dialogue ensued. • S=Serena; I=Interviewer

  14. I I heard that you were talking to Felicia at lunchtime today. What were you talking about?S Bradley. But I’m not supposed to tell!I What do you think would happen if you told?S Bradley said I could never see Daddy again if I told!I Don’t worry, honey. Bradley can’t stop you from seeing your Daddy. S Really?I That’s right. Bradley can’t stop you from seeing your Daddy. Really! S Bradley lies sometimes!**************************************

  15. I Bradley said you could never see your Daddy again if you told about what?S About licking.I Licking what?S His penis.I Tell me all about that.S He makes me lick it. I Tell me more about thatS He says, “Suck it.”I Tell me all about that.S That’s all.**********************************

  16. I What happened right before he said, “Suck it”?S He put it in my mouth. Yuck!I He put what in your mouth?S His penis! I What happened after he put his penis in your mouth?S He peed in my mouth.I He peed in your mouth?S It was gross!I Where did the pee go?S In my mouthI What color was the pee?S Yellow? **********************************

  17. I What happened after he peed in your mouth?S Mommy and I watched TV.I I mean what happened right afterhe peed in your mouth?S I coughed. I Then what happened?S He took it outI He took what out?S His penisI What happened to the pee that went in your mouth?S I spit it out

  18. I Where did you spit it?S On the bed.I Whose bed?S My bed.I Where on your bed did you spit it?S On top. By my pillow.I How many times did that happen?S . . . Uh . . . fifty.I Fifty times?S Yea. I always spit it out. It was yucky.I Did Bradley put his penis in your mouth one time or more than one time?S Lots of times. *****************************

  19. I Did anyone see Bradley put his penis in your mouth.S Yea. I did! I Anyone else?S Bradley!I Did anyone else see Bradley put his penis in your mouth besides you and Bradley?S Nope.

  20. I Did Mommy or Daddy see Bradley do that? S No. They weren’t there. He never does it when Mommy’s there. But don’t tell my Mommy or my Daddy!I Why not?S They be mad ‘cause that’s bad! But he made me!I Don’t worry, honey. It wasn’t your fault.

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