Forensic Interviewing Techniques in Child Sex Abuse Allegations

Forensic Interviewing Techniques in Child Sex Abuse Allegations

Abstract

Child sexual abuse is often interpreted through the use of forensic evaluations. When a child is suspected of being sexually abused, they are put through a comprehensive investigation utilizing forensic evaluations, both medical and psychological. The medical evaluation is used to determine any physical evidence to be used in court. The psychological evaluations are used to protect the innocent and determine the extent of the psychological damage to the victim. There are many forensic psychological evaluations that can be performed. The problem that most Forensic Psychologists face, is determining which psychological evaluations are valid and reliable enough in the detection of sexual abuse in children.

The history of Child Protective Services began its start in the late nineteenth century through non-profit societies that took up the efforts to protect children. In 1877, humane societies such as the New York Society for the Prevention of Cruelty to Children (NYSPCC) and the ASPCA founded the national American Humane Association (AHA). In 1886, the American Humane included in its mission statement that it would protect children and animals. In 1912, the federal government established the Children's Bureau. In 1930, the federal government sponsored a conference on Child Health and Protection, introducing programs for children through the Social Security Act of 1935, most widely known today as Aid to Families with Dependent Children (AFDC). In 1966, "49 states passed mandatory reporting laws obligating certain professionals working with children to report child abuse or neglect to public departments of social services." (Brittain & Hunt, 2004) Due to the federal government recognizing how serious the issue of child maltreatment was, Congress passed Public Law 93-247, the Child Abuse Prevention and Treatment Act (CAPTA) in 1974.

According to the American Humane Association, a risk assessment is defined as:

"a structured process that is used to assist in determining the future risk of harm to a child and in key decision-making processes in child abuse and neglect situations. Effective risk assessment models focus on both the strengths and needs of the family environment." (Brittain & Hunt, 2004, p. 531)

The assessment tool has broad categories, such as child, parent, family, and environmental factors and is filled in upon gathering data from family and or caregivers. Risk assessments do not predict if harm will occur or the level of potential harm to any single individual. They are used as a guide to help make informed decisions.

In order to ascertain if reports of sexual abuse is true, there is generally little corroborating information from physical exams and witness statements to support the allegations. Several people believe that there is a high rate of false allegations of sexual abuse. A study done in 1990 by Thoennes and Tjaden found that in less than two percent of contested divorces, sexual abuse allegations were made. Of the two percent, only five to eight of those were found false. In another study of the Denver child protective services case files, it was reported that in 1983, 53% of sex abuse cases were made, 24% were not substantiated due to a lack of information, 17% showed legitimate concern but were explained by other reasons, and six percent were false. In a study in North Carolina, files from over 100 social service counties were reviewed; it was discovered that the number of false allegations children made increased in proportion to the age of the child.

Jones and McGraw looked at reports of sexual abuse over a time frame of a year in Denver. They found that 53% of sexual abuse allegations were well founded. In 24% of the cases there was not enough information to make a decision if any abuse had occurred. In 17% of the cases, they were unsubstantiated because an adult made the report on suspicion only, no accusations had been made. Five percent of the reports, it was determined that abuse had not taken place. In one percent of the cases, a child had made a report but it was determined that it was false. Children making false allegations could be because of faulty perceptions or coaching from another adult to make false accusation.

According to the Health and Human Services website on Child Sexual Abuse: Interventions and Treatment Issues, there are several sexual and non-sexual symptoms that indicate sexual abuse of a child. There are physical signs that are noted and confirmed by medical practitioners but there are psychosocial signs that are indicative of sexual abuse that can be observed by most people but a mental health professional forms a professional opinion on if the signs are indicators of abuse. Psychosocial indicators will be explained in more detail.

Young children who make statements of sexual knowledge, inadvertently, may indicate signs of sexual abuse, especially if they have not acquired sexual knowledge such as a sex education class. For example; if a child reports that, "Sometimes snot comes out of Uncle Roberts pee pee." this could indicate abuse. A child who creates explicit drawings could be interpreted as being abused. For example, a young child draws a picture of a man and woman lying on top of each other naked. Young children may show sexual aggression towards other children, or makes sexual gestures to other people. Excessive masturbation to the point a child hurts themselves, inserts objects into their vagina or anus, makes moaning sounds or thrusting motions, is an indication of abuse. Other behavioral symptoms that are nonsexual include but are not limited to: sleep disturbances, enuresis, encopresis, self-destructive or risk taking behavior, impulsivity, distractibility, difficulty concentrating, refusal to be left alone, fear of the alleged offender, fire-setting, cruelty to animals, eating disturbances, running away, substance abuse, self-destructive behavior, suicidal gestures, self-mutilation, depression, problems relating to peers, difficulty in school, sudden changes in behavior. Children, who have been abused sexually, no matter their age, may show a range of symptoms. If a child were to exhibit psychosocial and physical evidence this increases concern, or if there is a combination of sexual and nonsexual indicators, suspicion is heightened.

When sexual abuse is suspected, a child may go through a psychological or forensic evaluation. Psychological evaluations are different then forensic evaluations as they focus on an individual's issues such as their needs and perceptions and a working treatment plan made from