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EVALUATING CLAIMS OF CHILD SEXUAL ABUSE IN CHILD CUSTODY CASES

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Child Sexual Abuse (CSA) ... The child is not a victim of sexual abuse, but a sincere, hyper-vigilant parent ... sexually abused child subjects were consistent ... – PowerPoint PPT presentation

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Title: EVALUATING CLAIMS OF CHILD SEXUAL ABUSE IN CHILD CUSTODY CASES


1
EVALUATING CLAIMS OF CHILD SEXUAL ABUSE IN CHILD
CUSTODY CASES PRESENTED BY KATHRYN KUEHNLE,
PH.D. FOURTH FAMILY LAW CONFERENCE BEND,
OREGON APRIL 8, 2006
2
KATHRYN KUEHNLE, PH.D. 19810 GULF BLVD. 6 INDIAN
SHORES, FL 33785 (813) 924-0720 KKUEHNLE_at_AOL.COM
3
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4
Myths and Realities Child
Sexual Abuse (CSA) Myth Forensic Evaluators
are Competent at Identifying False CSA Claims
Reality According to Herman (2005),
approximately 1/4 of CSA decisions made by
forensic mental health evaluators involve either
false negative (incorrectly identifying the child
as not sexually abused) or false positive errors
(incorrectly identifying the child as sexually
abused)
5
Herman (2005) provided evidence that many
practitioners lack adequate levels of training,
knowledge, and skills to perform high quality
forensic interviews of children or to adequately
describe to legal decision-makers the complexity
in distinguishing true from false allegations of
sexual abuse (Benedek et al., 1998
Berliner, 1998 Lawlor, 1998 Warren Marsil,
2002).
6
Although few mental health professionals have
expertise in evaluating or treating both child
sexual victims and adult perpetrators, forensic
evaluators may plunge in and conduct the entire
evaluation of child custody with allegations of
child sexual abuse when they do not have the
expertise to do so
7
Each forensic evaluator should contemplate
whether the potential for false positive or false
negative conclusions may increase if he/she
conducts a complicated custody evaluation with
allegations of child sexual abuse when acting as
a sole evaluator.
8
  • Appraisal of the evaluators competencies
  • The forensic evaluator may
  • Complete the full evaluation as the sole
    evaluator
  • Complete the full evaluation with consultation
  • Send CSA portion for the alleged victim out for
    separate evaluation
  • Send CSA portion for alleged perpetrator out
  • Refuse case

9
Prior to Collection of Data the Evaluator
develops multiple hypotheses in order to remain
unbiased, open to a number of competing
conclusions, and to organize the evaluation data
10
  • An example of potential hypotheses
  • The child is not a victim of sexual abuse, but a
    sincere, hyper-vigilant parent inaccurately
    believes her/his child is the victim of sexual
    abuse
  • The child is not a victim of sexual abuse but a
    parent is using the allegation of sexual abuse to
    manipulate the court system during child custody
    litigation
  • The child is a victim of sexual abuse, but due to
    misguided loyalty will not disclose his/her
    abuse
  • The child is not a victim of sexual abuse and is
    credible, but is estranged from the identified
    parent perpetrator and has misperceived an
    innocent or ambiguous interaction
  • The child is a victim of sexual abuse and is
    credible
  • (modified from Kuehnle, 1996).

11
Reliable Estimates do not Exist on
the Rate of CSA embedded in Child Custody
Evaluations in the U.S. Reality Estimates are
not based on reliable empirically derived data,
but on conjectures.
12
Several preliminary empirical studies have found
approximately 1 to 2 of contested custody cases
involved an allegation of CSA (McIntosh Prinz,
1993 Thoennes Tjaden, 1990). This 1 to
2 estimate appears to be a gross underestimate
of the actual occurrence of CSA allegations
embedded in contested CCC.
13
Myths and Realities Child Sexual Abuse
(CSA) Myth Only a Minority of Children Avoid
Disclosure of their Sexual Abuse Reality
Current research shows low disclosure rates for
children who are sexually abused
14
A review of CSA disclosure retrospective studies
from 1990 forward concluded that 2/3 of the
adults alleging CSA did not make a disclosure
during childhood. The disclosure rates were
similar for studies Studies using sexually
abused child subjects were consistent with the
retrospective findings showing significant delays
in disclosure by the majority of children
(Elliott Briere, 1994 Goodman et al.,
1992 Henry, 1997 London et al. Sas
Cunningham, 1995).
15
Myths and Realities Child Sexual Abuse (CSA)
Myth Coercion/Threats and Fear of Harm Decrease
the Likelihood of Disclosure Reality London et
al (2005) found in a review of empirical studies
either higher disclosure rates associated with
incidents that were life threatening and involved
physical injury to child victims or disclosure
rates that lacked any significant relationship to
method of coercion and threat of harm (Hanson,
et al., 1999 Kellogg Hoffman, 1995 Lamb
Edgar-Smith, 1994 Roesler Wind, 1994
Saunders, Kilpatrick, Best, 1999 Smith et al.,
2000).
16
Myths and Realities Child Sexual Abuse
(CSA) Myth Substantial Numbers of CSA
Victims Recant after Making a Disclosure
Reality Most children, when they disclose,
stick to their disclosure, though this does not
necessarily hold true for young preschool-age
children.
17
When examining recantations of disclosures,
although research is limited, several studies
found that once children have made an abuse
disclosure, they are likely to maintain their
allegations during formal assessments
(DeVoe Faller, 1999 DiPietro, Runyan,
Fredrickson, 1997).
18
London et al. found that in the studies with the
highest recantation rates, the alleged CSA
subjects in this research had the least certain
diagnoses of sexual abuse compared to other
studies (for analyses of these studies, see
London et al., 2005).
19
Quiz Yourself The majority of CSA children
retract their accusation of abuse
20
False -Older children and adolescents rarely
recant -Recantation is more likely with
preschool-age children, but not with the majority

21
Quiz Yourself Over half of all victims of child
sexual abuse delay disclosure and may not
disclose their abuse until they are adults
22
True
23
Quiz Yourself Child victims of sexual abuse who
are threatened by the perpetrator with harm have
the highest rates of non-disclosure
24
False
25
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26
Child Sexual Abuse cannot be identified based on
a symptom pattern
27
The view of sexual abuse as a trigger that sets
off an internal process in the child, which then
surfaces as predictable behavioral and emotional
symptoms, is not supported by research
28
  • Factors
  • Personality differences
  • Personal interpretation of the event
  • Identity of the perpetrator
  • Characteristics of the sexual acts
  • Co-occurring forms of family violence
  • Family stability
  • Parents response following disclosure

29
No one symptom has been found to be displayed by
the majority of sexual abuse victims Although
sexually abused children have higher rates of
abnormal sexualized behaviors, sexual behaviors
are not specific to sexual abuse
30
Quiz Yourself All sexually abused children
exhibit symptomatic behavior as a result of their
sexual abuse
31
False Not all sexually abused children
are traumatized or distressed by engagement in
sexual activity that is defined as
criminal One-fourth to one-half of sexually
abused children are asymptomatic
32
  • Cognitive Mediations
  • Toddlers and preschoolers may be at less risk
    than older children to experience sexual
    victimization as traumatic when physical violence
    is absent and they do not understand the meaning
    of the sexual events
  • Allegation may be questionable when parent claims
    3 year old child has alleged sexual abuse
    involving vaginal fondling, child kept from
    seeing father, and previous close nurturing
    relationship with father has changed to fear of
    father, nightmares about father, and panic when
    child sees anything related to father

33
Quiz Yourself What behavior problems do
presumably non-sexually abused children exhibit
as part of normal development?
34
High percentages of preschool and school-age
children in the general population exhibit
problems such as
  • nightmares
  • sudden changes in mood
  • poor concentration
  • fearfulness
  • disobedience
  • temper tantrums
  • (Achenbach, 1991)

35
Quiz Yourself If a child alleges that he/she
is the victim of sexual abuse but does not show
any psychological symptoms, the child most likely
is not a victim of sexual abuse.
36
False The occurrence of child sexual abuse
cannot be determined on the presence or absence
of behavioral symptoms
37
Children are sexual beings
38
What is approximately the youngest age that a
child can masturbate and reach a climax?
39
Early climaxes are typically the result of
masturbation which begins at approximately 8
months old
40
  • Over 40 of parents of nonsexually abused 2 to 6
    year old male and female children reported their
    children engaged in the following behaviors
  • touches or tries to touch their mother's or
    another woman's breasts - 48
  • touches sex parts when at home - 54
  • undresses self in front of others - 62
  • (Friedrich, 1993)

41
  • The most commonly occurring sexual behaviors
    observed by preschool teachers include
  • Limited looking at and touching
  • by preschoolers of each others genitals
  • Simulated sexual intercourse
  • Drawing genitalia
  • (Davies, Glaser, Kossoff, 2000 Ryan, Miyoshi,
    Krugman, 1988, cited in Ryan, 2000)

42
Quiz Yourself Can a victim of sexual abuse be
identified by a child exhibiting sexually
aggressive behavior?
43
  • No
  • 5 clusters of sexually aggressive children were
    identified
  • The lowest incidence of prior sexual abuse was
    found with the cluster of children diagnosed as
    Conduct Disorder or
  • Oppositional Defiant Disorder
  • Gray (1996)

44
Quiz YourselfWhich of these Symptoms are Shown
by Most Sexually Abused Children?
  • Increase in fearful behavior
  • Increase in worrying nervousness
  • Nightmares
  • Withdrawn/Introverted
  • Decreased school performance
  • Acting sexual with dolls/toys

45
NONE
46
Quiz Yourself When a preschool-age child
masturbates at home or at daycare, it should be
concluded that the child has been sexually abused
47
False
48
What Can Children Remember?
49
Can 2 year old children remember events from when
they were 18 months old? Yes- but this memory
will be lost over time Can 4 year old children
remember events from when they were one year
old? No Can adults regain memories from when
they were 18 months old? Probably Not
50
There is little scientific support that memories
from the first two years of life can be
consciously recollected later in child- or adult-
hood as experiences that happened to oneself
51
  • Since memory for experience is reconstructive and
    subject to suggestibility and the construction of
    inaccurate recollections
  • Recall is filtered through ones
  • current beliefs
  • knowledge
  • expectations
  • motivations
  • (see Ceci Bruck, 1993,1995 Brainerd Reyna,
    1996 Howe, 1997, 2000).

52
Quiz Yourself Children who are abused as
infants can remember the abuse when they are older
53
False
54
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55
A foundation of child development serves as a
guide for assessment techniques and interpretation
56
  • Prior to age 6 or 7 years old
  • children cannot count events which are abstract
    and do not have discrete boundaries
  • children cannot determine something happened
    before or after something else
  • children have difficulty taking another person's
    perspective and cannot answer questions of
    intention

57
  • Prior to 8 years old
  • children have difficulty reporting events in
    chronological order
  • legal terms may be misinterpreted by children
  • children often assume a familiar definition is
    the only definition of a word
  • children may confuse unfamiliar words with words
    that sound similar

58
Quiz Yourself A 3 year old child can accurately
answer if the abuse occurred before or after
Christmas
59
False
60
Quiz Yourself When asked a mildly leading
question, such as Did it happen more than one
time?, young childrens answers are usually as
accurate as those of adults.
61
False
62
In most states, proper understanding rather than
age is the basis of competency to testify
63
The legal test of a childs competency in most
jurisdictions derives from Wheeler v United States
64
  • Based on Wheeler v United States, a child of any
    age who posses the following capacities may
    testify
  • Appreciate the difference between truth and
    falsehoods
  • Understand the obligation to tell the truth
  • Accurately perceive and recall events witnessed
  • Relate facts accurately

65
Factors to consider when evaluating the childs
ability to appreciate the difference between
truth and falsehoods
66
  • Identification is easier than definition
  • By age 4, can identify if statement is truthful
    but have more difficulty identifying if statement
    is a lie
  • By age 4, knows a lie is wrong
  • Not until age 7 can most children define truth
  • Not until age 10 can most children explain the
    difference between lies and truth

67
The bad gnus researchers have shown that
children who correctly answer truth/lie questions
are not more accurate or less suggestible than
same age peers who are unable to do so
(Huffman, Warren, Frazier, 1997 Pipe
Wilson, 1994)
68
  • The strongest internal factor associated with
    suggestibility is the age and developmental level
    of the child.
  • 3 and 4 year olds are most vulnerable to
    suggestive interviewing
  • 6 and 7 year olds show significant increases in
    resistance to misinformation
  • (Ceci Bruck, 1993 Goodman, Quas,
    Batterman-Faunce, Riddlesberger Kuhn, 1997)

69
  • The age at which children reach adult levels of
    resistance is debated, with
  • some studies finding children as young as age 10
    to show this level of resistance (Saywitz
    Dorado, 1998)
  • other research finding early adolescence as the
    marker (Warren Lane, 1995)

70
Less is known about internal characteristics of
children that create individual differences in
childrens susceptibility to suggestibility
(Bruck, Ceci, Melnyk, 1997 Eisen,
Goodman, Qin, Davis, 1998)
71
What Factors Influence Childrens Accuracy in
Narrating Information?
72
Researchers are in agreement that if adults do
not do anything to contaminate the memories of
children or pressure children for certain
answers then even very young preschool
children can provide highly accurate accounts of
their prior experiences
73
Many custody evaluators/mental health
professionals are not trained in interviewing
children Many custody evaluators/mental health
professionals do a poor job of interviewing
children
74
  • structure of the questions influence childrens
    accuracy
  • Repeating closed-ended or specific questions
    tends to elicit speculation from children who
    have not experienced an event (e.g., yes-no)
  • When interviewers ask numerous specific questions
    and the format involves yes-no question pairs
    childrens accuracy can be compromised. This
    elicits speculation by the child
  • e.g., a yes-no question followed by a request to
    describe the event Did Uncle Joe touch you?
    Tell me about that

75
  • repeated questions
  • When children are asked a question requiring a
    yes-no response they are at risk to change their
    answer if asked the same question more than once
    during a single interview

76
  • specificity of details
  • Children may provide unreliable and inaccurate
    information when asked for details that are
    beyond their developmental knowledge
  • Children may guess and give social desirability
    responses to questions that are beyond their
    developmental capacity to answer accurately

77
Quiz Yourself If an interviewer believes that
abuse occurred, then it is okay for the
interviewer to ask the child suggestive questions
(e.g., Did he touch your private parts?)
78
No
79
What factors affect childrens Suggestibility?
80
  • Information that is false
  • Social pressures
  • (Ceci Bruck, 1993)

81
When children are presented false information
about an experience children may be more
vulnerable to incorporating the false information
into their memory as accurate because they
experience problems with their source monitoring.
82
  • Source monitoring is the ability to remember and
    distinguish whether you
  • Actually engaged in the activity
  • Heard about it
  • Saw it
  • Thought about it

83
Young children are more likely than older
children and adults to have difficulty in
determining whether they have obtained
information from their own experiences or from
other sources (Poole Lindsay, 1995)
84
  • Suggestibility also increases with external
    factors such as
  • With the passage of time
  • (time can affect both memory and suggestibility)

85
  • Suggestibility also refers to errors that arise
    when children are exposed to
  • Social pressures that encourage particular types
    of answers
  • The context of the interview is accusatory (e.g.,
    the identified person does bad things)
  • The characteristics of the interviewer are
    coercive and intimidating
  • (Ceci Bruck, 1993)

86
  • Pressures that increase errors include
  •  
  • stereotyped or accusatory comments tell me
    about the bad manor tell me about the bad
    things he did
  •  
  • intimidating and coercive comments you can go
    to the bathroom after you answer just one more
    question

87
  • influencing comments
  • your parents believe something happened and so
    do I (when child denies) or
  • think real hard about what might have happened
    (when child denies)
  • motivating instruction
  • I want you to try real hard to answer all of my
    questions
  •  
  • rephrasing childs answer and adding new,
    possibly inaccurate information

88
Quiz Yourself When asked a strongly leading
question, such as He told you to keep it a
secret, didnt he?, young childrens answers are
usually as accurate as those of adults.
89
False
90
Quiz Yourself It is necessary to ask leading
questions to get young children to disclose
abuse, because they are too afraid or embarrassed
to report it.
91
False
92
  • The funnel approach is the most widely accepted
    approach for gaining reliable information from
    children
  • interviewers begin with open-ended questions
  • proceed to more direct questions with caution
  • then move the interview back to open-ended probes
    that again elicit narrative information

93
Quiz Yourself What is the strongest child
factor associated with childrens suggestibility?
94
The strongest internal factor associated with
suggestibility is the age and developmental level
of the child.
95
Quiz Yourself When asked an open-ended
question, such as What happened next?, young
children's answers are usually as accurate as
those of adults
96
True
97
Quiz Yourself If a young child does not report
or does not seem to remember much information, it
is okay for an interviewer to ask the child what
might have happened or what they think happened
98
False Children may provide unreliable and
inaccurate information when asked for details
that are beyond their developmental knowledge or
when asked to speculate
99
Interview Instruments
100
  • anatomical dolls
  • Some findings indicate that the anatomical dolls
    used with pre-school children
  • Do not enhance the narrations of children
  • Diminish the number of details reported
  • Increase the number of false statements elicited
    during childrens interviews
  • (Bruck, Ceci, Francoeur, Renick, 1995 DeLoache
    Marzolf, 1995 Steward Steward, 1996).

101
(No Transcript)
102
Childrens artwork cannot be used to identify
whether a child has been sexually abused
103
Significant differences have not been found
between sexually abused and non-sexually abused
childrens frequency of drawing of genitalia on
human figures
104
While the use of anatomical drawings to prompt
the labeling of body parts provides the
interviewer with the childs words for these
parts and functions, The timing of this inquiry
appears to be important (Poole Lamb, 1998)
105
  • One study found when the interviewer pointed to
    the body part on the drawing and asked
    specifically about touching
  • 12 of three- to six-year-old child subjects
    falsely reported touching on their buttock
  • 7.5 falsely reported touching of their genitals
  • (Steward Steward, 1996)

106
None of the children falsely reported touching
of their buttock or genitals when simply shown an
anatomical drawing and not verbally queried about
touching
107
Quiz Yourself Using anatomically detailed dolls
(dolls with genitals) increases the amount of
accurate information that young children report
108
False
109
People (KY) vs. CastileMarch 2005Judge Craig
Clymer
  • you dont need expert opinion and theory on
    those things, weve got twelve people in the jury
    box who have life experiences and the abilities
    to see that if youre coaching a person and if
    youre suggesting answers, that a child may well
    not be telling the truth.

110
The Queen v. Linda Sterling (1994)
  • Now, Im sitting here wondering how much
    importance any of this testimony is to the issues
    the jury is going to discuss. You see this is
    exactly the problem with almost all the expert
    evidence. These ladies and gentleman and I dont
    have to be alerted to the risks and problems that
    theyre going to have in dealing with the
    testimony of these children and all the expert
    evidence in the world is not going to help them
    out.

111
Interventions 1.) Dont put children in therapy
to gain a disclosure of sexual abuse 2.) Dont
terminate visitation between an alleged victim
and an alleged perpetrator 3.) Design innovation
visitation plans when it cannot be determined if
the child has experienced sexual abuse
perpetrated by the identified parent
112
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