TITLE: Enhancing Children's Memory Through Cognitive Interviewing: An Assessment Technique for Social Work Practice.

AUTHOR: Aldridge, N. C.

PUBLICATION YEAR: 1999

JOURNAL TITLE: Child and Adolescent Social Work Journal

AUTHOR AFFILIATION: Georgia Univ., Athens. School of Social Work.

SOURCE: 16(2): pp. 101-126; New York, NY, Kluwer Academic-Human Sciences Press, April 1999

ABSTRACT: This article summarizes current research on cognitive interviewing and discusses the theoretical rationale for the use of the mnemonic strategies, the enhancement in the cognitive interviewing technique, and the modifications and revisions conducted from using the cognitive interview with children ages 7 to 12 years. The cognitive interview is a memory retrieval procedure consisting of four general retrievals mnemonics which was developed to assist police officers in interviewing and interrogating witnesses. The cognitive interview has been accepted as one of the most successful interview techniques used in real-life investigations. The major conclusions drawn from the research are that the cognitive interview can enhance the completeness and accuracy of recollections by children and can offer a valuable technique for social workers interviewing and evaluating children who are victims or witnesses to crimes. 86 references. (Author abstract)

KEY TERMS: memory; assessment; cognitive interviews; child witnesses; social workers; investigations; interviews; research reviews

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.wkap.com

TITLE: FALSE ALLEGATIONS AND FALSE MEMORY SYNDROME: Selected Articles.

PUBLICATION YEAR: 1999

SOURCE: NCCAN Annotated Bibliographies; 1999

KEY TERMS: false memory syndrome; trauma; memory; social policies; policy formation; political factors; public opinion; social attitudes; dissociation; amnesia; evidence; multiple personality disorder; false allegations; neurology; adults abused as children; repression; validity; sexual abuse; research reviews; suggestibility; theories; therapeutic intervention; therapists role; research methodology; psychotherapy; models; mental health; child witnesses; child development; literature reviews; individual characteristics; credibility

PUBLICATION TYPE: Annotated Bibliography

INTRODUCTION: This annotated bibliography is a product of the National Clearinghouse
on Child Abuse and Neglect Information. The references have been selected
from thousands of materials available in our database to provide you with
the most up-to-date information related to child victims, witnesses, and
perpetrators of violence.

This bibliography looks at prevention, intervention and treatment issues
in relation to the impacts of violence on children. It is presented in
three sections: children as victims of violence, children as witnesses of
violence, and children and adolescents as perpetrators of violence.
Although many references cover more than one subject area, each citation
is listed only once in this bibliography, primarily under its major
subject heading.

All documents in this bibliography are contained in the Clearinghouse
library and are referenced following the format of the American
Psychological Association (APA). Authors, titles, publication dates and
publishers are provided within this format for each reference. We are
not, however, able to provide photocopies of all materials due to
copyright restrictions. Copies of publications that are not copyrighted,
such as Government publications, grant reports, or unpublished papers,
are available from the Clearinghouse for a reproduction fee of $0.10 per
page. Journal articles and chapters in books are copyrighted and may be
found at research or university libraries.

Information Specialists can answer questions about copyright status and
ordering information, as well as guide you in selecting materials from
this bibliography or suggest other materials that may be useful to you.
In addition, Specialists are available to conduct customized searches
of Clearinghouse databases for a base fee of $5.00 plus $.20 per record.

For more information, please contact

National Clearinghouse on Child Abuse and Neglect Information
330 C St., SW
Washington, DC 20447
Tel.: (800)394-3366 or 703-385-7565
Fax: 703-385-3206
E-mail: nccanch@calib.com

INTERNET URL: http://www.calib.com/nccanch

TITLE: Child Welfare Law Source Book.

INST. AUTHOR: Michigan Univ., Ann Arbor. Child Welfare Law Resource Center.

PUBLICATION YEAR: 1998

SOURCE: Michigan Univ., Ann Arbor. Child Welfare Law Resource Center, 1998; 226 pp.

ABSTRACT: This manual outlines Michigan state child welfare laws. Juvenile court rules, miscellaneous court rules, probate code for juveniles, child protection laws, rules of evidence, guardianship, ombudsman procedures, and foster care review board activities are addressed. The child protection law defines abuse and neglect, reporting requirements, evaluation procedures, confidentiality considerations, fatality review team processes, investigations, interviews, legal counsel of child, attorney-client privilege, and consequences for failure to report. Rules of evidence describe requirements for admissible evidence, interrogation and presentation procedures, expert witness testimony, hearsay, and functions of the court and jury.

KEY TERMS: child welfare; michigan; state laws; child protection laws; rules of evidence; foster care; guardianship

PUBLICATION TYPE: Book

TITLE: Legislation Limiting the Number of Interviews with Child Victims (Current through December 31, 1999): Florida.

INST. AUTHOR: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

PUBLICATION YEAR: 1998

JOURNAL TITLE: Child Witnesses Number 28

AUTHOR AFFILIATION: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION 330 C Street, SW, Washington, DC, 20447, (703) 385-7565 Outside Metropolitan Area: (800) FYI-3366; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE 99 Canal Center Plaza, Suite 510, Alexandria, VA, 22314, (703) 739-0321

SOURCE: In: Special Procedures in Criminal Child Abuse Cases

KEY TERMS: Statute; Florida; Child; Legislation

PUBLICATION TYPE: Statutes

INTERNET URL: http://www.ndaa-apri.org

TITLE: Parental Accounts Regarding the Physical Punishment of Children: Discourses of Dis/empowerment.

AUTHOR: Gough, B.; Reavey, P.

PUBLICATION YEAR: 1997

JOURNAL TITLE: Child Abuse and Neglect

AUTHOR AFFILIATION: Sheffield Hallam Univ. (Great Britain). School of Health and Community Studies.

SOURCE: 21(5): pp. 417-430; Oxford (Great Britain), Elsevier Science, Ltd., May 1997

ABSTRACT: This study was conducted to identify and examine the rationales used by parents to justify the physical punishment of children (PPC). Semistructured interviews were carried out with nine mothers and one father. The interviews were evaluated using discourse analysis to explore the various and often conflicting discourses used by parents while talking about PPC. Various oppositional discourses were used by the parents, each of which implies diverse justifications and consequences. Four in particular were identified: PPC as pedagogic or educational; cathartic to provide relief; individualistic to assert power; and cyclical. There were five cases of contradiction in discursive context. The authors identify confusion and complexity regarding PPC as evident in parental dialogue, which is marked by discursive variation and contradiction. These discursive collisions notwithstanding, the participants' discourse generally imply the oppressive positioning of children and, consequently, offers support for physical punishment. The study also highlights the utility of discourse analysis as a method for interrogating PPC and other phenomena related to child abuse and neglect. 23 references. (Author abstract modified)

KEY TERMS: corporal punishment; discipline; parental behavior; parental attitudes; interviews; child abuse research; qualitative research

PUBLICATION TYPE: Journal Article

TITLE: Missing and Abducted Children: A Law Enforcement Guide to Case Investigation and Program Management.

AUTHOR: Steidel, S. E. (Editor).

PUBLICATION YEAR: 1997

SOURCE: Revised. Arlington, VA, National Center for Missing and Exploited Children, June 1997; 234 pp.

ABSTRACT: This handbook for law enforcement agencies outlines a step- by-step process for administering and conducting investigations of cases involving missing or abducted children. The manual is used as the primary text for the training program, Basic Investigative Techniques - Missing and Abducted Children, sponsored by the National Center for Missing and Exploited Children. The first section provides an overview of law enforcement's role in responding to reports of missing children. Current trends and projects, such as state clearinghouses and multi-disciplinary programs, are discussed. Chapter Two describes each aspect of the initial response, including the administrative component, the first responder component, the investigative component, the supervisory component, and the search component. Specific strategies for investigating cases of nonfamily abduction, family abduction, and runaway children are explained in the next three chapters. An overall checklist is provided in each section. The manual also reviews general investigative techniques and recommends strategies for tracking tips and leads, gathering information, searching the crime scene, using warrants, and conducting interviews and interrogations. Crisis media relations and management issues are also discussed. Numerous references.

KEY TERMS: missing children; kidnapping; investigations; multidisciplinary teams; police operating procedures; police role; police training; protocols

PUBLICATION TYPE: Book

INTERNET URL: http://www.missingkids.org

TITLE: Legislation Limiting the Number of Interviews with Child Victims (Current through December 31, 1999): West Virginia.

INST. AUTHOR: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

PUBLICATION YEAR: 1997

JOURNAL TITLE: Child Witnesses Number 28

AUTHOR AFFILIATION: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION 330 C Street, SW, Washington, DC, 20447, (703) 385-7565 Outside Metropolitan Area: (800) FYI-3366; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE 99 Canal Center Plaza, Suite 510, Alexandria, VA, 22314, (703) 739-0321

SOURCE: In: Special Procedures in Criminal Child Abuse Cases

KEY TERMS: Statute; West Virginia; Child; defendant; Legislation

PUBLICATION TYPE: Statutes

INTERNET URL: http://www.ndaa-apri.org

TITLE: Criminal Investigation of Suspected Child Abuse. Section II: Criminal Investigation of Physical Abuse and Neglect.

AUTHOR: Walsh, B.

PUBLICATION YEAR: 1996

AUTHOR AFFILIATION: Dallas Police Dept., TX.

SOURCE: In: Briere, J., Berliner, L., Bulkley, J. A., Jenny, C., et al. (Editors). The APSAC Handbook on Child Maltreatment. Thousand Oaks, CA, Sage Publications, Inc., January 1996; pp. 264-270

ABSTRACT: This section of a chapter on the criminal investigation of suspected child abuse focuses on physical abuse and neglect. The role of law enforcement personnel in multidisciplinary investigations of child abuse is identified. Challenges to child abuse investigations are highlighted, including determining whether the maltreatment in question qualifies as a criminal act, dealing with the limited number of witnesses to an act of maltreatment, and handling conflicts with child protection services agencies. The investigative process is discussed in terms of conducting interviews with witnesses or others, interrogating a suspected offender, using search warrants as an investigative tool, and conducting a scene investigation. Fatal child maltreatment is also examined, focusing on the differences between fatal child abuse and homicide, the investigation of fatal child maltreatment, and the collection of facts to determine when the fatal injuries could have occurred and whom the child was with during that time. 11 references.

KEY TERMS: investigations; physical abuse; physical neglect; interviews; evidence; child fatalities; interdisciplinary approach

PUBLICATION TYPE: Chapter in Book

INTERNET URL: http://www.sagepub.com

TITLE: Criminal Investigation of Suspected Child Abuse. Section I: Criminal Investigation of Sexual Victimization of Children.

AUTHOR: Lanning, K. V.

PUBLICATION YEAR: 1996

AUTHOR AFFILIATION: FBI Academy, Quantico, VA. Behavioral Science Unit.

SOURCE: In: Briere, J., Berliner, L., Bulkley, J. A., Jenny, C., et al. (Editors). The APSAC Handbook on Child Maltreatment. Thousand Oaks, CA, Sage Publications, Inc., January 1996; pp. 246-264

ABSTRACT: This section of a chapter on the criminal investigation of suspected child abuse focuses on sexual abuse. Problems confronting law enforcement personnel who investigate cases of suspected child sexual abuse are identified. Guidelines are provided for conducting interviews and interrogations, assessing and evaluating the alleged victim's statements, and corroborating allegations of child sexual abuse. Interviewing a child victim involves determining where the child is on the disclosure continuum, establishing rapport, and determining whether or not to videotape the interview. The advantages and disadvantages of videotaping are outlined. Assessing and evaluating the statements of the alleged victim involve determining the accuracy of a child's statement and evaluating indirect sources of information and sources of possible contagion. Corroboration involves documenting behavioral symptoms of sexual abuse and patterns of victim and perpetrator behavior, identifying witnesses and accomplices, and collecting physical evidence. An appendix lists publications for inclusion in the reference library of a law enforcement investigator.

KEY TERMS: investigations; sexual abuse; law enforcement; interviews; guidelines; videotaping; corroboration; evidence

PUBLICATION TYPE: Chapter in Book

INTERNET URL: http://www.sagepub.com

TITLE: A Decade of International Reform to Accomodate Child Witnesses: Steps Toward a Child Witness Code.

AUTHOR: Myers, J. E. B.

PUBLICATION YEAR: 1996

AUTHOR AFFILIATION: University of the Pacific, Sacramento, CA. McGeorge School of Law.

SOURCE: In: Bottoms, B. L. and Goodman, G. S. (Editors). International Perspectives on Child Abuse and Children's Testimony: Psychological Research and Law. Thousand Oaks, CA, Sage Publications, Inc., 1996; pp. 221-265

ABSTRACT: This chapter summarizes changes in court procedures that have been instituted during the past 10 years to accommodate the needs of child witnesses. Reforms in investigative interviews, preparation of the witness, and courtroom techniques are described. The background and effects of the following reforms are discussed in detail: admission of children's hearsay statements; establishment of competency to testify and take the oath; alterations to the courtroom environment; judicial authority over the proceedings and interrogation; support persons for witnesses; closure of the courtroom to the public and the media; video testimony; appointment of a guardian ad litem or advocate for the child; and elimination of the corroboration requirement. The appendix presents a proposed legal code that defines requirements for child witness testimony. Numerous references.

KEY TERMS: court reform; child witnesses; testimony; legal processes; guidelines; rules of evidence

PUBLICATION TYPE: Chapter in Book

INTERNET URL: http://www.sagepub.com

TITLE: Civil Law for Law Enforcement Officers.

AUTHOR: McGookey, D. E.

PUBLICATION YEAR: 1996

AUTHOR AFFILIATION: Dallas City Dept. of Police, TX. Legal Liaison Division.

SOURCE: In: 1996 Crimes Against Children Seminar. 8th Annual Seminar of the Dallas Dept. of Police; the Dallas Children's Advocacy Center, Dallas, TX, July 13-16, 1996; pp. 298-315

ABSTRACT: Police officers who investigate child abuse cases may be involved in two types of lawsuits: professional liability and civil disputes between a child and a child care facility. Federal and Texas state laws regarding both situations are outlined in this paper. Under federal law, police officers can be held liable for their actions as representatives of the government if the constitutional rights of the plaintiff were violated. The most common constitutional violations in child abuse cases involve false arrest or imprisonment; excessive force; illegal searches; and illegal interrogation. In defense, an officer may claim qualified immunity if he or she can demonstrate that the actions were reasonable at the time. Causes of action under Texas state law include negligence, defamation, and invasion of privacy. Because police officers are covered under the Texas Tort Claims Act, legal actions require a waiver of liability. Police officers may also be required to provide evidence from their investigations in civil child abuse cases. Requests for copies of investigative files usually exempt confidential information about on-going investigations, closed or suspended cases, and juvenile suspects. Requirements of subpoena dueces tecum and subpoenas for depositions of the investigator are described.

KEY TERMS: police responsibility; police training; police operating procedures; police reports; investigations; civil liability; texas

PUBLICATION TYPE: Proceedings Paper

TITLE: 1996 Crimes Against Children Seminar.

INST. AUTHOR: Dallas Children's Advocacy Center; Dallas City Dept. of Police, TX.

PUBLICATION YEAR: 1996

SOURCE: 8th Annual Seminar of the Dallas City Dept. of Police; the Dallas Children's Advocacy Center, Dallas, TX, July 16-19, 1996; 634 pp.

ABSTRACT: The participant's manual from the 1996 Crimes Against Children Seminar presented by the Dallas Police Department and the Dallas Children's Advocacy Center contains handouts and background information for each presentation. The conference included more than 50 workshops on offender typology, interview techniques, diagnosis of physical and sexual abuse, prevention, investigation procedures, interrogation of suspects, child death reviews, shaken baby syndrome, multidisciplinary teams, post- traumatic stress disorder, civil law, cross examination, domestic violence, prosecution, and medical aspects of child abuse.

KEY TERMS: characteristics of abuser; investigations; interviews; symptoms; sequelae; medical aspects of child abuse; child protection

PUBLICATION TYPE: Book

TITLE: The Role of Law Enforcement in the Investigation of Child Maltreatment.

AUTHOR: Kolilis, G. H.

PUBLICATION YEAR: 1996

SOURCE: In: Monteleone, J. A. Recognition of Child Abuse for the Mandated Reporter. Second Edition. St. Louis, MO, G. W. Medical Publishing, 1996; pp. 161-170

ABSTRACT: This chapter provides guidelines for police investigations of child maltreatment. Methods for gathering information from interviews with children and witnesses, interrogations of suspected perpetrators, and examinations of the scene of the event are specifically recommended. In general, police officers should ensure that all available background information is obtained and that interviews are conducted as soon after the event as possible and out of contact from other victims, witnesses, or suspected perpetrators. Questions should be clear and simple and avoid suggestibility. When interrogating the suspected perpetrator, investigators are advised to be honest about the purpose of the interview, while showing empathy and cooperation. Event scene procedures and report preparation are briefly discussed. The chapter includes a list of questions that can be asked of the child victim and a preliminary investigative checklist. 2 tables.

KEY TERMS: law enforcement; police action; investigations; multidisciplinary teams; police operating procedures; police role; interviews

PUBLICATION TYPE: Chapter in Book

INTERNET URL: http://www.gwmedical.com

TITLE: Child Sexual Abuse: Investigations in Israel.

AUTHOR: Sternberg, K. J.; Lamb, M. E.; Hershkowitz, I.

PUBLICATION YEAR: 1996

JOURNAL TITLE: Criminal Justice and Behavior

AUTHOR AFFILIATION: National Institute of Child Health and Human Development (DHHS), Bethesda, MD.

SOURCE: 23(2): pp. 322-337; Thousand Oaks, CA, Sage Publications, Inc., June 1996

ABSTRACT: This article describes how allegations of child sexual abuse are investigated and adjudicated in Israel. Believing that children may well be harmed by repeated interrogation, demands to testify, and cross-examination, Israel legislators enacted special provisions several decades ago to ensure that children were spared these traumas. Recent evaluations of the system they established suggest that the protections may have led inadvertently to various practices, including the failure to prosecute, that have not served children well. Possible remedies and a research program related to these issues are described. 39 references. (Author abstract)

KEY TERMS: sexual abuse; investigations; israel; interviews; child witnesses; legal processes; prosecution; rules of evidence

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.sagepub.com

TITLE: The Use of Search Warrants in Cases of Crimes Against Children.

AUTHOR: Walsh, B.

PUBLICATION YEAR: 1995

JOURNAL TITLE: APSAC Advisor

AUTHOR AFFILIATION: Dallas Police Dept., TX. Child Exploitation Unit.

SOURCE: 8(1): pp. 3-7; Chicago, IL, American Professional Society on the Abuse of Children, Spring 1995

ABSTRACT: This article familiarizes law enforcement personnel with the use of search warrants during the investigation of child maltreatment cases. Various uses of search warrants are discussed, including recovering physical evidence from a location, vehicle, object, or person; corroborating a child's testimony; identifying other victims or other offenders; recovering contraband or other evidence of criminal activities; photographing an injured child; providing for the arrest of a suspect; gathering information for the interrogation and the child interview; and seizing a computer and examining its files. Practical considerations are also presented, including taking action quickly so that the chance of recovering evidence is greatest; having the owner, landlord, or person in charge of a property sign a consent to search form; photographing or videotaping the location before, during, and after the search; taking all videotapes listed as evidence for viewing at a later time; supplying up-to-date information in the affidavit for the search warrant; and conducting the search with officer safety in mind. 4 references.

KEY TERMS: law enforcement; investigations; direct evidence; medical evidence; evidence collection; photographs; sexual abuse; physical abuse

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.apsac.org

TITLE: The Child Fatality Review Team Workshop 1995.

INST. AUTHOR: Texas Child Fatality Review Team, Austin.

PUBLICATION YEAR: 1995

SOURCE: Texas Children's Justice Act Task Force, Austin, 1995; 160 pp.

ABSTRACT: This manual describes the multidisciplinary approach to child fatality investigations in Texas. Law enforcement investigation procedures are outlined, including interrogation strategies. Texas Child Protective Services (CPS) investigation procedures are examined with an emphasis on interagency cooperation. The roles of CPS professionals, law enforcement officials, educators, health care providers, mental health professionals, legal and judicial system professionals, and support services providers are explained. The manual also reviews procedures for child death inquests, reviews of complex cases, prosecution, and death certification. The Child Fatality Review Team Project Handbook is included in the final section. Statistical data from 1993 are reported in Section Seven. 7 figures and 2 tables.

KEY TERMS: child fatalities; child death review boards; guidelines; multidisciplinary teams; team training; texas

PUBLICATION TYPE: Book

TITLE: Legislation Limiting the Number of Interviews with Child Victims (Current through December 31, 1999): Alabama.

INST. AUTHOR: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

PUBLICATION YEAR: 1995

JOURNAL TITLE: Child Witnesses Number 28

AUTHOR AFFILIATION: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION 330 C Street, SW, Washington, DC, 20447, (703) 385-7565 Outside Metropolitan Area: (800) FYI-3366; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE 99 Canal Center Plaza, Suite 510, Alexandria, VA, 22314, (703) 739-0321

SOURCE: In: Special Procedures in Criminal Child Abuse Cases

KEY TERMS: Statute; Alabama; Child; Legislation

PUBLICATION TYPE: Statutes

INTERNET URL: http://www.ndaa-apri.org

TITLE: Successful Interrogation in Child Abuse Cases.

AUTHOR: Walsh, B.

PUBLICATION YEAR: 1994

SOURCE: Conference on Responding to Child Maltreatment, San Diego, CA, January 1994; 19 pp.

ABSTRACT: This report outlines how to interrogate suspects, in general, and in child abuse cases, in particular. An investigator should seek to complete 2 goals during an interrogation: to manipulate and persuade the suspect to cooperate to tell the truth and to ensure that everything is performed within the suspect's legal rights. The differences between an interview and an interrogation are outlined, and the characteristics of a successful interrogator are listed in terms of appearance, appropriate posture, attitude, voice, facial expressions, and flexibility. Steps are given for interview preparation, and a suggested interrogation routine and strategy are outlined as well as how best to obtain a confession and obtain it in writing. Special themes for use in child abuse interrogations include blaming the victim, the child's parents, outside influences, or a spouse. Suggested actions for after the interrogation and results of not obtaining a confession are also outlined.

KEY TERMS: investigations; perpetrators; legal processes; prosecution; evidence; professionals responsibility

PUBLICATION TYPE: Proceedings Paper

TITLE: Child Testimony Must Sometimes Be Doubted.

AUTHOR: Goodman, G. S.; Clarke-Stewart, A.

PUBLICATION YEAR: 1994

AUTHOR AFFILIATION: California Univ., Davis. Dept. of Psychology.

SOURCE: In: de Koster, K. and Swisher, K. L. (Editors). Child Abuse: Opposing Viewpoints. San Diego, CA, Greenhaven Press, Inc., 1994; pp. 186-194

ABSTRACT: This chapter reviews 2 studies that examined the suggestibility of children in sexual abuse cases. The studies were based on interviews with children about nonabusive events, conducted in a comparable way to interrogations during child sexual abuse investigations. The results of open-ended questions and leading interrogations were compared for children's reports of genital contact during a medical examination and their interpretation of incidents that could be considered innocent or abusive. Findings indicated that even when children accurately reported the facts, they could be influenced to change their interpretations based on persistent questioning. The benefits and dangers of suggestive questioning are described.

KEY TERMS: child witnesses; competency; testimony; false allegations; recantation

PUBLICATION TYPE: Chapter in Book

TITLE: Comment on Loftus.

AUTHOR: Peterson, R. G.

PUBLICATION YEAR: 1994

JOURNAL TITLE: American Psychologist

AUTHOR AFFILIATION: Peterson, Whitehill and Mazer, Tacoma, WA.

SOURCE: p. 443; American Psychological Association, Washington, DC, May 1994

ABSTRACT: This commentary questions the validity of certain facts presented in an article about false memories of sexual abuse victims published in May 1993. The original article claimed that police and therapists coerced a man into believing he abused his children after months of interrogation. In fact, the man confessed during his first interview with police, before meeting with the psychologist. In addition, the original article stated that the psychologist suggested to the son that his dreams were actually memories of real events, when in fact the psychologist was not convinced that the memories were real. 1 reference.

KEY TERMS: memory; false allegations; therapists role

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.apa.org

TITLE: The Sex-Abuse Time-Line Diagrams.

AUTHOR: Gardner, R. A.

PUBLICATION YEAR: 1994

JOURNAL TITLE: Issues in Child Abuse Accusations

AUTHOR AFFILIATION: Columbia Univ., New York, NY. College of Physicians and Surgeons.

SOURCE: 6(3): pp. 156-162; Institute for Psychological Therapies, Northfield, MN, Summer 1994

ABSTRACT: This article cautions that when evaluating sexual abuse allegations, one must differentiate between symptoms that arose prior to disclosure and those that arose afterwards. Symptoms arising after the disclosure and cessation of abuse can be caused by sexual abuse therapy, multiple interrogations, and other aspects of the legal process. Therefore, in a sex-abuse examination it is necessary to inquire as to the timing of the development of any claimed symptoms. Four diagrams are presented to facilitate this inquiry. (Author abstract modified)

KEY TERMS: sexual abuse; trauma; symptoms; disclosure; sequelae; posttraumatic stress disorder

PUBLICATION TYPE: Journal Article

TITLE: The Role of Law Enforcement in Fatal Child Abuse Cases.

AUTHOR: Walsh, B.

PUBLICATION YEAR: 1994

JOURNAL TITLE: APSAC Advisor

AUTHOR AFFILIATION: Dallas, TX, Police Dept. Child Exploitation Unit.

SOURCE: 7(4): pp. 25-28; Chicago, IL, American Professional Society on the Abuse of Children, Winter 1994

ABSTRACT: Differences between investigating fatal child abuse and adult homicide are highlighted in this article. The article also describes each aspect of a fatal child abuse investigation, including initial interviews and interrogation of suspects. Although standard investigative techniques should be used when investigating a child death, detectives who are familiar with child abuse are better equipped than homicide detectives to investigate these cases. In addition to being emotionally demanding for investigators, fatal child abuse usually has no witnesses and generally does not involve a traditional weapon. Instead injuries are most commonly caused by hitting, kicking, shaking, slamming, burns, and neglect. Thus, the evidence in these cases is largely circumstantial. Moreover, investigators must be sensitive to the child's family while being thorough with the investigation. Coordination with child protection services, physicians, medical examiner, paramedic, and the prosecutor is essential. 3 references.

KEY TERMS: law enforcement; police role; investigations; police training; child fatalities; circumstantial evidence; multidisciplinary teams

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.apsac.org

TITLE: Interrogation Important Tool for Law Enforcement.

AUTHOR: Walsh, B.

PUBLICATION YEAR: 1994

JOURNAL TITLE: NRCCSA News

AUTHOR AFFILIATION: Dallas Police Dept., TX.

SOURCE: 3(2): pp. 1, 4-5; National Resource Center on Child Sexual Abuse, Huntsville, AL, July-August 1994

ABSTRACT: An interrogation is a systematic process of questioning a suspect to obtain a confession that complies with all legal requirements of the Constitution. The primary difference between an interview and an interrogation is that interrogations are accusatory, while interviews only focus on collecting information about the crime. Miranda Warnings must be read if the suspect is in custody. The discussion should be observed by another investigator, but notes may not be taken during the interrogation. Interrogators can use verbal and nonverbal techniques to influence the suspect to admit to the crime. The article includes a comparison of interviews and interrogations, as well as a checklist for interviewing children.

KEY TERMS: investigations; miranda rights; interviews; police operating procedures; police responsibility; criminal charges; guilt

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.calib.com/nccanch

TITLE: Interrogating Incest: Feminism, Foucault and the Law. //Sociology of Law and Crime//.

AUTHOR: Bell, V.

PUBLICATION YEAR: 1993

AUTHOR AFFILIATION: Goldsmith's College, London Univ. (England).

SOURCE: New York, NY, Routledge, 1993; 223 pp.

ABSTRACT: This book reviews incest as defined by the theories of feminism and Michel Foucault, in particular, Foucault's argument that incest is at a point of tension between the deployment of alliance or kinship and the deployment of sexuality. The place of incest in sociological, feminist, and criminological theory is discussed, as well as how ideas of the incest taboo and consensual incest may be represented in the feminist understanding of incest. The historical background and theoretical issues of incest legislation in Britain are detailed to illustrate the different ways of understanding incest in legislation and to underline the questions and dilemmas raised by examining the criminalization of incest in Foucaulian terms. Two appendices include the laws of incest in Britain and a list of parliamentary debates on the subject. 240 references.

KEY TERMS: great britain; feminism; incest; sociology; criminal intent; sex offenses; legislative intent; womens advocacy

PUBLICATION TYPE: Book

INTERNET URL: http://www.routledge.com/routledge.html

TITLE: Interdisciplinary Evaluations of Alleged Sexual Abuse Cases.

AUTHOR: Jaudes, P. K.; Martone, M.

PUBLICATION YEAR: 1992

JOURNAL TITLE: Pediatrics

AUTHOR AFFILIATION: Chicago Univ., IL. Dept. of Pediatrics.

SOURCE: 89(6): pp. 1164-1168; Elk Grove Village, IL, American Academy of Pediatrics, June 1992

ABSTRACT: Children who are alleged to have been sexually abused often go through gruelling interrogations to relate their experiences to adults, and even then most are not viewed as reliable sources of information. The Victim Sensitive Interviewing Program (VSIP), initiated to decrease the number of interviews endured by a child who allegedly had been sexually abused, is described. The program brought together the disciplines involved in the evaluation of these cases: hospital-based social worker and pediatrician, State child protective agency worker, police, and assistant State's attorney. This team established a protocol for an investigative interview to be conducted by a team member. Pre-VSIP sexual abuse evaluations from 1985 and 1986 were compared with VSIP evaluations from 1987 and 1988. There was no significant difference between the 2 groups in relation to gender or age of victim, physical symptoms, physical findings, sexually transmitted diseases present, age of perpetrator, or length of stay in hospital. However, there were significant differences between the 2 groups in number of interviews, number of interviewers, indicated cases of sexual abuse, identification of the perpetrator, and charges pressed if perpetrator was identified. It is concluded that interdisciplinary evaluations of alleged sexual abuse in children not only decrease the number of interviews a child must undergo but also increase the likelihood of indicated cases, identification of the perpetrator, and charges being pressed. Therefore, it is strongly recommended that interdisciplinary teams be formed to assess alleged sexual abuse in children. 20 references and 3 tables. (Author abstract modified)

KEY TERMS: interviews; sexual abuse; evaluation; investigations; interdisciplinary approach

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.aap.org

TITLE: Appointment of an Advocate or Guardian Ad Litem for a Child Victim in Juvenile or Criminal Proceedings.

AUTHOR: Shepherd, R. E., Jr.

PUBLICATION YEAR: 1992

JOURNAL TITLE: Criminal Justice

AUTHOR AFFILIATION: Richmond Univ. Law School, VA.

SOURCE: 6(4): pp. 49-51; ABA Press, Chicago, IL., Winter 1992

ABSTRACT: This article discusses the increasing trend of appointing a guardian ad litem for child victims in delinquency and criminal cases. The role of the guardian or advocate in a criminal or juvenile delinquency proceeding is explained. In this situation, the court has no authority to remove the child victim from his or her home; the child is only a witness in the case, not a party to the proceeding; the focus of the case is on the conviction and punishment or disposition of the offender; and due process considerations generally outweigh the welfare of the child. However, the guardian or advocate can still attempt to minimize the trauma of the legal process by accompanying the child to interviews, helping to prepare the child for participation in the interviews, attempting to reduce the number of interrogations, objecting to continuances or other delaying tactics, explaining the legal process to the child, shielding the child from harassment, and persuading the court to use procedures to protect the child from intimidation. In addition, the legal authority for the appointment of a guardian ad litem or other advocate for the child victim or witness is identified, and the relationships between the prosecutor and the guardian ad litem are the defense attorney and the guardian ad litem is examined. 3 references.

KEY TERMS: guardians ad litem; child advocacy; best interests of the child; childrens rights; sexual abuse; court appointed special advocates; child witnesses

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.wshein.com

TITLE: Children's Susceptibility to Suggestive Interrogation.

AUTHOR: Thompson, W. C.; Clarke-Stewart, A.; Meyer, J.; Pathak, M. K.; Lepore, S.

PUBLICATION YEAR: 1991

AUTHOR AFFILIATION: California Univ., Irvine. Program in Social Ecology.

SOURCE: American Psychological Association Annual Meeting, San Francisco, CA, August 1991; 16 pp.

ABSTRACT: This paper presents a study that investigated the issue of children's susceptibility to suggestive questioning, specifically whether children become immune to further suggestion once they have settled on an interpretation for an event or whether a subsequent countersuggestion can alter their interpretation. Sixty-six 5- and 6-year-old children from a middle-class suburban community participated in a 1-hour laboratory memory study. During the early part of the hour, a research assistant posing as a janitor entered the room and either cleaned or played with a set of 9 toys. Later in the hour, the children were questioned by 2 interviewers concerning the janitor's actions. The nature of the questioning was either neutral or suggestive. Parents administered a nonsuggestive followup questionnaire 1 week after the experimental session. Results show that children who were questioned in a neutral manner gave consistently accurate responses to both open-ended and direct questions concerning an event they had witnessed; however, children who were questioned in a suggestive manner changed their interpretations of events according to the interviewer's suggestion. 3 references and 2 figures.

KEY TERMS: child witnesses; testimony; interviews

PUBLICATION TYPE: Proceedings Paper

TITLE: Assessing Credibility of Children's Testimony in Cases of Ritual Sexual Abuse Allegations.

AUTHOR: Wakefield, H.; Underwager, R. C.

PUBLICATION YEAR: 1991

AUTHOR AFFILIATION: Institute for Psychological Therapies, Northfield, MN.

SOURCE: Society for the Scientific Study of Sex Annual Meeting, New Orleans, LA, November 8, 1991; 24 pp.

ABSTRACT: This paper focuses on the process of adult social influence as it relates to assessing the credibility of children's testimony in cases of alleged ritual sexual abuse. When children are subjected to multiple formal and informal interviews, sessions of therapy, and interactions with adults who believe that ritualistic abuse is real, the adults inadvertently shape, mold, and reinforce the stories and drive children into their fantasies. When this happens, the child is likely to internalize the details and believe in the truth of the stories. The role that the growing network of believers has in the development of statements about child ritual abuse is discussed. The influence of coercive interviews is illustrated by an excerpt from the transcripts of the initial interrogations in the McMartin Preschool case in California, and the use of procedures with doubtful or nonexistent reliability and validity is examined. In addition, the issues of child fantasies, behavioral indicators and checklists, and characteristics of the accused are considered, and case studies that demonstrate how ritual abuse allegations may develop and grow are presented. Numerous references. (Author abstract modified)

KEY TERMS: sexual abuse; ritual abuse; child witnesses; testimony; case assessment; interviews; indicators; case reports

PUBLICATION TYPE: Proceedings Paper

TITLE: On Trial. Hearsay Evidence in Child Sexual Abuse Trials: The United States Supreme Court Decision in Idago v. Wright.

AUTHOR: Schudson, C. B.

PUBLICATION YEAR: 1990

JOURNAL TITLE: RoundTable

AUTHOR AFFILIATION: Wisconsin Circuit Court, Wisconsin.

SOURCE: 2(4): pp. 16-17, 32-33, Autumn 1990

ABSTRACT: This article offers comments and analyses of current developments in Federal and State courts. Most recent appellate decisions have upheld child sexual abuse convictions based on hearsay accounts of children's statements, a reflection of increasing sensitivity to children. Issues involved in fresh complaint are reviewed. The role and importance of accepting hearsay evidence within the traditional tenets of evidence law are considered. Wording of various opinions regarding acceptance of evidence is included. Use of audio and video taping of child witnesses is encouraged as a means for juries to evaluate the credibility of children without the trauma of a public interrogation. Many cases, both State and Federal, are cited, and various criteria judges may use in making rulings are reviewed. Issues such as residual hearsay, probative hearsay, inherent and corroborative factors, and excited utterances are explained. States need to enact specific child hearsay exceptions if their current statutes are not adequate.

KEY TERMS: appellate courts; state courts; us supreme court; child witnesses; testimony; videotaping; evidence presentation; hearsay rule

PUBLICATION TYPE: Journal Article

TITLE: Differentiating Between Bona Fide and Fabricated Allegations of Sexual Abuse of Children.

AUTHOR: Gardner, R. A.

PUBLICATION YEAR: 1989

JOURNAL TITLE: Journal of the American Academy of Matrimonial Lawyers

SOURCE: 5: pp. 1-25; American Academy of Matrimonial Lawyers, Chicago, IL., 1989

ABSTRACT: This article focuses on real and fabricated allegations of child sexual abuse. The author presents criteria that he has developed for differentiating between actual instances of abuse and false allegations. Preliminary considerations for clinical evaluation include joint interviews, length of interviews, and audiotapes and videotapes. Interviewing the child requires attention to preliminary considerations, data-collection interview sequence, direct verbal inquiry with the child, use of freely drawn pictures, the Draw-a-Person Test, dolls, anatomically correct dolls, and final comments. The child, the accuser, and the accused should be considered separately using 3 categories of criteria: very valuable differentiating criteria, moderately valuable differentiating criteria, and differentiating criteria of low but potentially higher value. Legal and psychological interrogations add to the stress of children who are subjects of sexual abuse investigations. The presence of a child custody dispute increases the likelihood that a sex abuse allegation is fabricated. The divorce situation, a traumatic and stressful time, may create sexual abuse by a parent when it did not exist before. 12 references.

KEY TERMS: sexual abuse; false allegations; child custody; divorce; investigations

PUBLICATION TYPE: Journal Article

TITLE: Manipulating Children's Interpretations Through Interrogation.

AUTHOR: Clarke-Stewart, A.; Thompson, W.; Lepore, S.

PUBLICATION YEAR: 1989

AUTHOR AFFILIATION: California Univ., Irvine.

SOURCE: Paper presented at SRCD, Kansas City, MO, April 1989; 7 pp.

ABSTRACT: This paper describes a study that investigated children's suggestibility when questioned about incidents of physical or sexual abuse. The study involved staging an incident in which children saw and interacted with a research assistant posing as a janitor who cleaned the room and then either cleaned and arranged some toys and a doll or played with the toys and doll in a rough and somewhat suggestive manner. In both cases the assistant tried to involve the child in his activities. Later, an interviewer interrogated the child by using either neutral and nonsuggestive questions or suggestive questions and statements. Results indicate that when the children were given no leading suggestions and no persuasive interrogation that was inconsistent with what they observed, they were able to give the interviewer accurate but limited answers. However, when the interrogation was inconsistent with what they observed, some of the children adopted the interviewer's interpretation of events. Possible reasons why children change their accounts of incidents to be compatible with leading suggestions are presented.

KEY TERMS: child witnesses; memory; interviews; testimony; suggestibility; credibility

PUBLICATION TYPE: Proceedings Paper

TITLE: Please Speak Up...Children's Evidence in Legal Proceedings.

AUTHOR: Scott, J.

PUBLICATION YEAR: 1989

JOURNAL TITLE: Adoption and Fostering

SOURCE: 13(3): pp. 49-51; London (England), British Agencies for Adoption and Fostering, 1989

ABSTRACT: Approximately 170 practitioners met at the University of Cambridge to address the problem of obtaining evidence from children in court. They examined the various methods used in 12 countries. Norway, Sweden, and Denmark allow pretrial interviews of children, the videos of these interviews being presented in court in place of live testimony by the child. Israel uses a Youth Interrogator to interview a child victim. The approval of the Interrogator is needed for the child to testify in court, and once testimony begins the Interrogator can have it stopped if it appears to be harming the child. In addition, the Interrogator may give evidence regarding his or her assessment of the child's verbal testimony. In England, where 14 crown court centers are equipped with a video link that enables children to testify outside the courtroom, the children do not have to see their abusers. There is, however, no uniformity of practice in different English courts. The author feels that all courts should provide child witnesses with a supporter who explains the proceedings. In addition, courts should have separate waiting rooms designed for children, so children should not have to face their accused abuser. Practices in Germany, France, Canada Australia, and the United States are discussed briefly.

KEY TERMS: child abuse; courts; court litigation; children

PUBLICATION TYPE: Journal Article

TITLE: Accusations of Child Sexual Abuse.

AUTHOR: Wakefield, H.; Underwager, R.; Legrand, R.; Erickson, J.; Bartz, C. S.

PUBLICATION YEAR: 1988

AUTHOR AFFILIATION: Institute of Psychological Therapies, Minneapolis, MN.

SOURCE: Springfield, IL, Charles C. Thomas, 1988; 499 pp.

ABSTRACT: This monograph provides a fully developed analysis of child sexual abuse in 5 parts: the child sexual abuse system; assessment; false accusations; effects and treatment; and background or history. Psychological factors influencing the interrogation process are identified and explained, as well as the problem of protecting both the abused child and the innocent adult. An appendix offers rating instructions for the interview process. Numerous references.

KEY TERMS: legal processes; sequelae; sexual abuse reporting; sexual abuse; treatment; prevention; unfounded reports; evaluation

PUBLICATION TYPE: Book

TITLE: Child Molesters: A Behavioral Analysis for Law-Enforcement Officers Investigating Cases of Child Sexual Exploitation.

AUTHOR: Lanning, K. V.

PUBLICATION YEAR: 1986

AUTHOR AFFILIATION: Federal Bureau of Investigation, Quantico, Va. Behavioral Science Unit.

SOURCE: Washington, D.C., National Center for Missing & Exploited Children, February 1986; 48 pp.

ABSTRACT: This publication presents information on child molestation, pedophilia, and child pornography as an aid to law enforcement personnel investigating cases of child sexual exploitation. Following an explanation of standard distinctions between pedophiles and child molesters and between regressed and fixated pedophiles, a law enforcement typology is presented that distinguishes between situational and preferential child molesters. The situational molester is regressed, morally and sexually indiscriminate, and socially inadequate. The preferential molester has a sexual preference for children; collects child pornography or erotica; and may be seductive, introverted, or sadistic. A knowledge of the varying motivations, methods of operation, and victim criteria can aid officers in investigation and interviewing. While both types of molesters may collect child pornography and erotica, pedophiles collect such materials more frequently and use their collections to represent their most cherished sexual fantasies. The materials may include books, articles, souvenirs, photographs, and videotapes that relate to children in a sexual, social, or scientific way. In evaluating such materials in the investigation of child sexual abuse, the law enforcement officer must consider how the materials were produced, saved, and used. Once an offender is identified, knowledge of his common defenses (mental illness, fabrication, denial, etc.) can aid in interrogation and prosecution. Additional factors that impede investigations are noted. 20 references.

KEY TERMS: child pornography; sexual exploitation; behavior patterns; investigations; personality patterns; pedophilia

INTERNET URL: http://www.missingkids.org

TITLE: Videotaping Interviews with Child Sex Offense Victims.

AUTHOR: Eatman, R.

PUBLICATION YEAR: 1986

JOURNAL TITLE: Children's Legal Rights Journal

AUTHOR AFFILIATION: American Bar Association, Child Sexual Abuse Law Reform Project.

SOURCE: 7(1): pp. 13-18; Buffalo, NY, William S. Hein and Co., Inc., Winter 1986

ABSTRACT: Policies, uses of, and protocols for videotaped interviews with child sexual abuse victims are presented, together with a discussion of the legal issues associated with their use in evidence. The discussion notes that with the recent emphasis on interdisciplinary approaches to child sexual abuse case management, videotaped interviews provide a means for ensuring that the child victim is not subjected to unnecessary or repeated interrogations. By delineating the responsibilities of those involved in the investigation, a protocol will streamline the process and contribute to its more effective utilization in any resulting criminal proceedings. The author emphasizes the importance of determining the impact of state discovery, privilege, confidentiality, and evidentiary rules on the videotaping. Appropriate cases and timing of the interview then should be established. The videotape can provide a corroboration of the child's testimony, while also showing a more relaxed and natural account of the abuse that captures the child's spontaneity of expression. Eight states have created hearsay exceptions that permit videotaped statements of child victims in evidence. Such statutes prescribe conditions for admission of videotapes and must be followed. Issues associated with trial use of videotapes include the defendant's confrontation rights when the child does not testify at trial and the tape's potential use as exculpatory or rebutting evidence by the defense. 10 footnotes.

KEY TERMS: child witnesses; testimony; videotaping; sexual abuse; rights of accused; interviews

PUBLICATION TYPE: Journal Article

INTERNET URL: http://lawlib.wuacd.edu/hein/

TITLE: The Child as a Witness.

AUTHOR: Benedek, E. P.; Schetky, D. H.

PUBLICATION YEAR: 1986

JOURNAL TITLE: Hospital and Community Psychiatry

AUTHOR AFFILIATION: Center for Forensic Psychiatry, Ann Arbor, MI.

SOURCE: 37(12): pp. 1225-1229; Washington, DC, American Psychiatric Press, Inc., December 1986

ABSTRACT: This article discusses various aspects of using children as witnesses, including cognitive, emotional, and psychological factors affecting the testimony, and suggests possible changes in the court procedures that might lessen the trauma. The increasing participation of children in judicial proceedings raises 2 central issues: the competency of the child as a witness and the effects on the child of testifying about a traumatic experience. The recommendations of forensic child psychiatrists are presented on how to improve the judicial process to elicit more accurate testimony from child witnesses--for example, by videotaping a child's testimony to avoid repeated interrogations, using anatomically correct dolls and pictures to allow the child to recount events through displacement, and using 1 skilled interviewer throughout the proceeding to allow rapport to develop between interviewer and child. The role of the child psychiatrist in court proceedings involving child witnesses is discussed. 19 references. (Author abstract modified)

KEY TERMS: child witnesses; courts; testimony; child psychiatry; competency

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.appi.org

TITLE: The Adolescent Incest Victim and the Judicial System.

AUTHOR: Krieger, M. J.; Robbins, J.

PUBLICATION YEAR: 1985

JOURNAL TITLE: American Journal of Orthopsychiatry

AUTHOR AFFILIATION: California Univ. Medical School, San Francisco. General Hospital.

SOURCE: 55(3): pp. 419-425; American Orthopsychiatric Association, New York, NY, July 1985

ABSTRACT: After reviewing the effects of the adolescent incest victim's contact with the judicial system, this paper presents a conceptual framework for understanding an incest victim's reaction to the judicial system and offers suggestions for mitigating any negative impact. Findings are based on the monitoring of hundreds of child incest victims processed through the San Francisco legal system, as well as interviews with 5 adolescent female incest victims. Findings suggest that, overall, the judicial system precipitated a sense of insignificance, guilt, and hopelessness stimulated by repeated pretrial interrogations, court cross examinations, confrontation of the perpetrator, exposure to the courtroom atmosphere, and the acquittal or lenient sentencing of the defendant. It is advised that clinicians conceptualize the incest victim's court experience as analogous to the incest experience itself, since both experiences cause the victim to question her moral culpability in the incest and to feel unprotected in a hostile world. Emphasis is placed on reducing the trauma of judicial processing by having both court representatives and mental health professionals help the victim prepare for judicial processing and by training criminal justice professionals to be sensitive in dealing with incest victims. 6 references.

KEY TERMS: incest; legal processes; emotions; psychological stress; trials; psychiatric services; adolescent abuse; courts

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.amerortho.org

TITLE: The Young Victim as Witness for the Prosecution: Another Form of Abuse?

AUTHOR: Mahady-Smith, C. M.

PUBLICATION YEAR: 1985

SOURCE: In: Rathburn, J. E. (Editor). Dickinson Law Review, Vol. 89, Issue 3, Spring 1985. Carlisle, PA, Dickinson School of Law., 1985; pp.721-749

ABSTRACT: This comment discusses the potential for institutional abuse of the child sexual assault victim by the criminal justice system and describes proposed legislation to alleviate the problems associated with victim testimony in Pennsylvania. In sexual assault cases, the child victim must endure numerous interrogations by strangers (social workers, police, prosecutors, etc.) and must testify in an adult courtroom while facing the alleged perpetrator. These procedures all increase the trauma associated with an already traumatic event. To remedy this situation, Pennsylvania is considering enactment of Senate Bill 1361 (the Greenleaf Bill) which would allow the child to testify via closed-circuit television and would permit the use of videotaped depositions. While the bill is generally in compliance with recent case law concerning the constitutionality of such procedures, it needs refinements, particularly the inclusion of a witness-unavailability provision. Additional provisions of the bill call for the appointment of a child advocate and permit greater latitude in the admissibility of the child's out-of-court statements. 160 footnotes.

KEY TERMS: child witnesses; pennsylvania; institutional abuse and neglect; testimony; rules of evidence; evidence presentation; proposed legislation; sexual abuse

PUBLICATION TYPE: Chapter in Book

TITLE: Law Enforcement Officers as Investigators and Therapists in Child Sexual Abuse: A Training Model.

AUTHOR: Stone, L. E.; Tyler, R. P.; Mead, J. J.

PUBLICATION YEAR: 1984

JOURNAL TITLE: Child Abuse and Neglect

SOURCE: 8(1): pp. 75-82; Oxford (Great Britain), Elsevier Science, Ltd., 1984

ABSTRACT: A model for training police officers to handle child sexual cases is outlined. The program has 3 components. The first deals with theoretical issues related to child sexual abuse, including the history and background of child sexual abuse and differences in the dynamics of extrafamilial and intrafamilial sexual abuse. The second component explains different types of sex offenses and describes standard physical examinations of sexual abuse victims. Graded slides of physical trauma geared towards wound identification are paired with relaxation exercises. The third component teaches techniques for interviewing sexually abused children. The basics of interviewing and interrogating, specific questioning techniques, and the use of videotape are explained. Each training component is followed by suggestions for question-and-answer sessions and small group discussions designed to encourage better understanding of the officers' personal reactions to child sexual abuse. 5 references. (Author abstract modified)

KEY TERMS: sexual abuse; police role; interviews; professional training

PUBLICATION TYPE: Journal Article

TITLE: Sexual Child Abuse and the Medical Professional.

AUTHOR: Fontana, V. J.

PUBLICATION YEAR: 1982

AUTHOR AFFILIATION: New York Univ., N.Y. Coll. of Medicine.

SOURCE: In: Bulkley, J. Dealing with Sexual Child Abuse. National Committee for Prevention of Child Abuse, Chicago, Ill., 1982; pp. 10-13

ABSTRACT: Guidelines for medical staff who deal with sexual child abuse cases in a hospital emergency room are presented. In diagnosing sexual abuse or incest, it is important that there be a high index of suspicion, accompanied by medical care that is sympathetic and professional. The need to deal with parental reaction to the assault, to explain to the child and the parents the reasons for the interrogation and treatment processes, and to write a complete medical history is discussed. Reporting procedures and the need for the sexually abused child to be treated by a multidisciplinary team just as a physically abused child would be are considered. 10 references.

KEY TERMS: incest; sexual abuse; diagnoses; medical aspects of child abuse; physicians responsibility; physicians role; medical treatment

PUBLICATION TYPE: Chapter in Book

TITLE: Procedural Reforms to Protect Child-Victim Witnesses in Sex Offense Proceedings.

AUTHOR: Melton, G. B.

PUBLICATION YEAR: 1981

AUTHOR AFFILIATION: Virginia Univ., Charlottesville.

SOURCE: In: Bulkley, J. (Editor). Child Sexual Abuse and the Law. Washington, D.C., National Legal Resource Center for Child Advocacy and Protection, July 1981; pp. 184-198

ABSTRACT: The legal and practical issues involved in proposals to introduce procedural reforms that would reduce the need for the child-victim to recapitulate the abusive, particularly sexual, event at a trial are reviewed. The first proposal involves removing or reducing the size of the audience to diminish the scariness and embarassment of testifying in open court. The second involves preventing the child from having to testify while facing the offender. While the issues surrounding the fundamental question of whether substantial procedural changes to protect children are in fact desirable are not settled, there seems to be ample reason to doubt the constitutionality of attempts to alter standard criminal procedure in order to protect child victims. There is considerable precedent for limiting the audience in trials involving offenses against children; however, a developing law on the public's right of access to trials suggests that there may be little way, other than by voluntary measures, of shielding child victim-witnesses from the press. Presently, behavioral science is bereft of research testing assumptions about ways in which the legal system induces and enhances trauma in child victims. Research might initially be centered on evaluation of carefully designed demonstration projects involving, for example, special youth examiners for interrogation and reduced audience in trials. Furthermore, there is a need for basic research on children's understanding of the legal process: how young children understand the roles of an attorney and the nature of the adversary process. 60 references

KEY TERMS: legal problems; proposed legislation; trials; research needs; sex offenses; testimony

PUBLICATION TYPE: Chapter in Book

TITLE: The Protection of the Child Victim of a Sexual Offense in the Criminal Justice System.

AUTHOR: Libai, D.

PUBLICATION YEAR: 1980

AUTHOR AFFILIATION: Bar Ilan Univ., Ramat Gan (Israel).

SOURCE: In: Schultz, L. G. (Editor). The Sexual Victimology of Youth. Springfield, Ill., Charles C. Thomas, 1980; pp. 187-245

ABSTRACT: Procedures for eliciting legal testimony from victims of child sexual abuse must be reformulated from a cross-cultural perspective. In response to the problem of children traumatized by untrained interrogators, the Israeli Knesset vested pretrial investigative powers in impartial experts and excluded children under 14 years of age from the trial. Experiences with these interrogators and similar functionaries in Chicago, Denmark, and Sweden indicate that their roles significantly reduce the conflict between efficient investigation and children's protection. An examination of the methods of examining witnesses in Illinois indicates that the tension between the child victim's need for protection and the alleged assailant's right to a fair trial often gives way to the latter's claim. This results in repeated interrogations of the child and consequent trauma. Problems associated with pretrial interviewing and judicial interrogation could be resolved to some extent by instituting relatively unthreatening child courtrooms designed to ease the trauma of judicial proceedings and by holding special hearings for child victims. Numerous references.

KEY TERMS: interviews; trauma; rights of accused; testimony; sexual abuse

PUBLICATION TYPE: Chapter in Book

TITLE: Accidental Injury in Children and Interrogation of Families. (Letter).

AUTHOR: English, J. M.; Sutlieff, P. A.

PUBLICATION YEAR: 1979

JOURNAL TITLE: British Medical Journal

AUTHOR AFFILIATION: Hayes, Middlesex (England).

SOURCE: 2(6196): p. 1003; London (England), BMJ, October 20, 1979

ABSTRACT: The recent pressure on medical professionals to investigate suspected cases of child abuse or neglect has resulted in situations in which undue pressure is placed on families felt to be at risk for maltreatment of their children. While the doctor's primary aim is to protect the child from nonaccidental injury, it must be remembered that this is achieved only by giving insecure families more support. The need is suggested for research into the methods used in interrogating parents suspected of abusing their children; for expression of doubts, when they exist, about the actual abusiveness of the parents' behavior in physicians' referral letters; and for awareness on the part of hospital staff of the sensitive nature of their inquiries in this area.

KEY TERMS: stress; family characteristics; physicians role

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.bmj.com

TITLE: The Wider Spectrum of Child Abuse.

AUTHOR: Connell, H. M.

PUBLICATION YEAR: 1978

JOURNAL TITLE: Medical Journal of Australia

AUTHOR AFFILIATION: Queensland Univ., Brisbane (Australia).

SOURCE: 2(8): pp. 391-392; North Sydney (Australia), Australasian Medical Publishing Co., Ltd., October 7, 1978

ABSTRACT: Clinical details of 9 cases of child sexual abuse illustrate how this form of child abuse can be identified. Sexual abuse may take three forms: forcible assault, which often occurs as a single event; seduction and sexual relations, which persist over a long period of time and usually are perpetrated by a blood relation; and sexual exploitation for financial gain. Case management suggestions for medical doctors confronted with the first two types of assault include the noncritical manifestation of concern and empathy for the child, a thorough physical examination, and protection of the child from excessive or inappropriate interrogation by officials unknown to the child. Depending on the circumstances of the abuse, the family may be referred to a social worker or a psychiatrist. Physicians should be aware that, in cases of longstanding abuse, the mother often plays an ambivalent role to protect the abuser and may turn against her daughter if the husband is prosecuted. 6 references.

KEY TERMS: sexual abuse; detection; case management; rape; incest; sexual exploitation; physicians role; parental role

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.mja.com.au

TITLE: Criminal Justice Reform In Handling Child Sex Abuse.

AUTHOR: Bahn, C.; Daly, M.

PUBLICATION YEAR: 1977

AUTHOR AFFILIATION: City Univ. of New York, N.Y. John Jay Coll. of Criminal Justice.

SOURCE: In: Child Abuse: Where Do We Go From Here? Conference Proceedings, February 18-20, 1977. Children's Hospital National Medical Center, Washington, D.C., 1977; pp. 143-146

ABSTRACT: Alternative methods that the criminal justice system could utilize in its administration of justice in cases of sexual abuse of children are reviewed. The general objective of these alternatives would be to minimize the trauma and damage occasioned not just by the incident itself but also by events that occur during the criminal justice investigation and adjudication of the offender. Great harm may be done if the child must repeatedly describe the details of the offense. To protect the child from the potential trauma of the legal proceedings, as well as guarantee a fair trial to the accused, court models are examined and 3 reforms suggested: (1) utilize youth interrogators who are well trained in both child psychology and legal investigative techniques; (2) use a special ''child-courtroom,'' designed to allow the recording of the victims' testimony in a relaxed and informal manner; and (3) assign all cases of child abuse within any prosecutor's office to an individual who is trained to handle these cases. A profile of the incidence and character of sex crimes against children, and the psychosocial effects of such victimization are examined. 26 references.

KEY TERMS: sexual abuse; trials; courts

TITLE: Emergency Treatment of Raped Children.

AUTHOR: Roth, E. I.

PUBLICATION YEAR: 1972

JOURNAL TITLE: Medical Aspects of Human Sexuality

AUTHOR AFFILIATION: University Hospitals, Cleveland, Ohio. Child Psychiatric Outpatient Services.

SOURCE: 6(8): pp. 85, 89-91; New York, NY, Cahners Publishing Co., 1972

ABSTRACT: The management of raped or allegedly raped children is discussed. Before proceeding with a medical examination or procedure, tentative emotional and medical diagnosis can and should be established. Iatrogenic trauma from excessive physical examination or inappropriate interrogation should be avoided. Many of these children have serious emotional disturbances, with symptoms such as precocious sexual activity, poor school performances, and behavioral problems at home. There is also a high incidence of serious family psychopathology or social problems. Most of the children have not actually been raped. Psychiatric or social agency referral is indicated when a girl has actually been genitally assaulted and wants help in dealing with her feelings about it, and when young children are involved. The triad of genital pain, bleeding, and trauma are important criteria for a complete examination. 2 references.

KEY TERMS: diagnoses; physicians role; rape; sexual abuse

PUBLICATION TYPE: Journal Article

TITLE: Protecting the Child Victim of Sex Crimes Committed by Adults.

AUTHOR: De Francis, V.

PUBLICATION YEAR: 1971

JOURNAL TITLE: Federal Probation

AUTHOR AFFILIATION: American Humane Association, Denver, Colo. Children's Div.

SOURCE: 35(3): pp. 15-20; Administrative Office of the United States Courts, Washington, DC. Federal Corrections and Supervision Div., September 1971

ABSTRACT: A review was conducted of more than 9,000 cases of sex crimes against children reported in New York City over a 3 year period. Rape, carnal abuse, sodomy, impairing the morals of a minor, and incest were the most commonly observed offenses. In 60 percent of the cases, the crime comprised a single instance of abuse; in the other 40 percent, the offender was frequently a family member, thus permitting the repeated contact. Of the offenders, 75 percent were either members of the victim's household, or relatives, neighbors, or friends of the victim. Virtually all offenders were male and their median age was 31. Most were immature, grossly disturbed individuals. Among the victims, whose average age was 11, girls outnumbered boys 10:1. Approximately one-third of the victims participated in the sexual act in some sense of the word, but 60 percent of the cases involved physical coercion, 15 percent involved bribery, and 25 percent involved the exploitation of a previous close relationship. In some cases involving emotionally deprived victims, seductive behavior occurred. It is apparent that reported cases represent only a fraction of those actually occurring, and even among those that are reported, the report was often delayed until the offender antagonized the reporter, particularly when both were members of the same family. In incest, family members frequently knew of the offense but kept silent. Pre-existing family problems were found associated with most of the cases. Prior psychosocial disturbances were observed in 41 percent of the victim's parents and in 25 percent of the victims. Fifty percent of the households contained illegitimate children and one-third of the households were involved in prior sexual incidents. Evidence of neglect appeared in 79 percent of the households and abuse in 11 percent; in 72 percent of the cases, parental action contributed either directly or indirectly to the offense. Despite the magnitude of this problem, society has done very little to intervene on behalf of the child vulnerable to sexual abuse, especially when one considers that 50 percent of the affected households had prior contact with welfare authorities. Instead, the victims are often further traumatized by exposure to nightmarish police interrogation and judicial proceedings and the continuing trauma of parental recrimination or abandonment.

KEY TERMS: sexual abuse; sex offenders; statistical surveys; child abuse reporting

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.bellhowell.infolearning.com

TITLE: The Police and the Underprotected Child.

AUTHOR: Flammang, C. J.

PUBLICATION YEAR: 1970

AUTHOR AFFILIATION: Fresno City Coll., Calif.

SOURCE: Springfield, Ill., Charles C. Thomas, 1970; 310 pp.

ABSTRACT: The problem of child protection is examined, particularly as it pertains to the law enforcement officer. The similarities of child abuse and neglect are analyzed, and necessary techniques and information are included to assist working police officers in such cases. Practical police methods are described in the areas of investigation, collection, and preservation of physical evidence; interviewing; and interrogation. A realistic analysis of interagency relationships is provided for the police administrator, with suggestions to improve needed liaison with other groups having a role in the protection of children. The roles and procedures of other disciplines that are involved in child abuse and neglect are considered. Sociological and behavioral factors involving both the child and the offending adults are emphasized. Suggestions are offered for the facilitation of child protective services. 99 references.

KEY TERMS: child protection; interagency cooperation; evidence; etiology; police responsibility; police

TITLE: Rape: A Complex Management Problem in the Pediatric Emergency Room.

AUTHOR: Lipton, G. L.; Roth, E. I.

PUBLICATION YEAR: 1969

JOURNAL TITLE: Journal of Pediatrics

AUTHOR AFFILIATION: Prince Henry Hospital, Melbourne (Australia). Dept. of Psychiatry.

SOURCE: 75(5): pp. 859-866; St. Louis, MO, Mosby-Year Book, Inc., November 1969

ABSTRACT: Observations were made of 9 children (aged 4-14) admitted to a pediatric emergency room with a presenting complaint of rape to investigate emotional factors involved in such cases. Most of the victims were Negro and of low socioeconomic class. It is likely that a true rape occurred in only 1 case; in 2 other cases the victims consented at least unconsciously; whereas 3 cases involved prolonged disturbed or delinquent behavior; 2 cases involved an indeterminate degree of sex play in very young children; and 1 case was an attempted incestuous assault by a father. Serious trauma was not observed in any of the cases and vaginal examinations were not always necessary. Often the complaint of rape was a cry for help indicating serious preexisting problems. To avoid causing unnecessary trauma and to make an accurate diagnosis, the examining physician in the emergency room must avoid overhasty treatment of the patient. He should take an initial history in a calm unhurried manner and conduct a vaginal examination only when there are clear physical indications or the patient requests one for reassurance. Care should be taken not to unnecessarily expose the patient and a minimal gynecologic examination (following a general examination) is all that is generally required. The physician must resist pressures by the parents, hospital staff, and police to conduct high pressure interrogations and vigorous physical examinations under traumatizing circumstances. The patient should be given an opportunity to talk in the absence of both police and parents. It is essential, however, that their cooperation be obtained, particularly since the parents may themselves need help. Contact with welfare authorities and follow-up observation may be necessary. 14 references.

KEY TERMS: rape; incest; hospital emergency services; emotional problems; physical examinations

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.mosby.com

TITLE: Child Victims of Sexual Offenses.

AUTHOR: Chaneles, S.

PUBLICATION YEAR: 1967

JOURNAL TITLE: Federal Probation

SOURCE: 31(2): pp. 52-56; Administrative Office of the United States Courts, Washington, DC. Federal Corrections and Supervision Div., June 1967

ABSTRACT: The Child Victim Study of the American Humane Association was designed to investigate the etiology of sex crimes against children and propose new programs to prevent these crimes and reduce their traumatic impact on the victims. It is estimated that 360,000 sex crimes against children occur annually in the United States. Preliminary evidence suggests that these crimes leave their victims with long-term feelings of bitterness, hostility, and distrust toward adults. Existing institutions, concerned mainly with prosecuting the offender while safeguarding his constitutional rights leave the victim further traumatized by the vicissitudes of interrogation by police and parents, the trial, and the vacuum caused by the disruption of the child's family relationships and normal routine. Shame, guilt, depression, and the intensification of existing family problems are the result. Preliminary data indicate that 80 percent of sex crimes against children are committed by the child's relatives or close acquaintances. Of the offenders, whose age was usually 35-40, 70 percent were employed and 90 percent were married, many having children. Offenders generally completed more than 10 years of schooling, had prior criminal records unrelated to sexual offenses, and a prior unrecorded history of sexual offense. Data also indicate that reported sex crimes are concentrated in the lower socioeconomic classes but that most offenses, particularly homosexual assaults against boys and incest, are seldom reported. Coercion or inducement are frequently factors in the reported crimes. New institutions designed to aid the victims of childhood sex crimes must be devised.

KEY TERMS: sexual abuse; emotional development; statistical surveys; sex offenders

PUBLICATION TYPE: Journal Article

INTERNET URL: http://www.bellhowell.infolearning.com

TITLE: Children's Evidence in Legal Proceedings. An International Perspective.

AUTHOR: Spencer, J. R., (Editor).; Nicholson, G., (Editor).; Flin, R., (Editor).; Bull, R., (Editor).

AUTHOR AFFILIATION: Cambridge Univ. (England). Law Faculty.

SOURCE: Cambridge (England), J. R. Spencer; 214 pp.

ABSTRACT: This proceedings from a 1989 conference focuses on children's evidence in legal proceedings. Papers deal with the child as a witness in Scandinavian legal proceedings, the evidence of children within the West German legal system, the evaluation of statement credibility, the conditions under which the testimony of a child victim of incest is obtained in the French legal system, the place of the expert in the French legal system, the word of the child who is subjected to terror from the family system, the evidence of children and the role of the youth interrogator in the Israeli criminal justice system, the evidence of children in British and Scottish legal proceedings, the process of investigating and prosecuting child abuse cases in the United States and courtroom and system reforms, the cause and effect of Canadian legal reforms, and the evidence of children in Australia and New Zealand. Papers also describe current research and legal issues concerning child witnesses. Numerous references, 3 tables, and 1 figure.

KEY TERMS: conferences; evidence; child witnesses; testimony; courts; expert witnesses; sexual abuse

PUBLICATION TYPE: Book

TITLE: The Use of Polygraphy With the Child Abuser.

AUTHOR: Abrams, S.

SOURCE: Not published; p. 33

ABSTRACT: This article explores the use of polygraphy in child abuse and child sexual abuse cases. The areas in which polygraphy is used are identified, including in courts as evidence; in criminal and civil cases, particularly where the only evidence available is that of the defendant and the claimant; and in the business world. The psychophysiologic bases for using polygraphy are explained, focusing on the functions of the autonomic nervous system and its branches, the sympathetic nervous system and the parasympathetic nervous system. The instrumentation used in the polygraph procedure is described, focusing on the sensors used to measure respiration, cardiovascular activity, and electrodermal activity. The phases of the polygraph procedure are examined, including the data gathering, pretest interview, testing, and posttest interrogation phases. The issue of validity is addressed, and issues specific to polygraphy and the sexual abuser are considered, including the administration of specific, periodic, and disclosure tests. In addition, the usefulness of polygraphy in sexual abuse cases is discussed. 29 references and 1 table.

KEY TERMS: polygraph; detection; evidence; proof; data collection; interviews; sexual abuse

PUBLICATION TYPE: Unpublished Paper

TITLE: Legislation and Case Law Regarding the Competency of Child Witnesses to Testify in Criminal Proceedings (Current through December 31, 1999): Texas.

INST. AUTHOR: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

JOURNAL TITLE: Child Witnesses Number 24

AUTHOR AFFILIATION: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION 330 C Street, SW, Washington, DC, 20447, (703) 385-7565 Outside Metropolitan Area: (800) FYI-3366; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE 99 Canal Center Plaza, Suite 510, Alexandria, VA, 22314, (703) 739-0321

SOURCE: In: Competency of Child Witnesses to Testify

KEY TERMS: Statute; Texas; Case Law; Child; Child Witnesses; Children; Competency; Criminal Proceedings; Criminal; Legislation; Proceedings

PUBLICATION TYPE: Statutes

INTERNET URL: http://www.ndaa-apri.org