Background: Sexually abused adolescents face numerous challenges during criminal proceedings against their perpetrators, from the initial report and during investigations, prosecutorial preparations, and testifying in court. Despite international and national norms regarding children's right to participation in decision-making processes affecting them, its fulfillment throughout the criminal process against their abusers is often limited.
Objective: The paper aims to describe and conceptualize the experiences of sexually abused adolescents of their participation in decision-making junctures during the criminal process.
Participants and setting: This qualitative-phenomenological study is based on the narratives of twelve Israeli sexually exploited youth (aged 14-22) who were involved in criminal justice processes following their victimization.
Method: Semi-structured interviews were conducted and analyzed inductively, until reaching theoretical conceptualization.
Results: We identify four major themes shaping the ways young victims experienced their participation throughout the criminal process: (1) The extent to which clear and age-appropriate information was delivered to them; (2) participants' need for a trusting relationship; (3) experiences of being ignored and excluded; and (4) the use of manipulative or coercive methods toward the child. Participation experiences were heavily influenced by the behaviors and approaches of the people around the children, as emerging from the interviewees' narratives.
Conclusions: Findings suggest an understanding of young victims' participation in the criminal process as occurring within an eco-system, and demonstrate how people in the circles around them can promote or hinder their meaningful and safe participation in criminal processes. Further studies are needed to test these initial results in larger and representative samples.
Background: Attrition of child sexual abuse (CSA) cases occurs at different stages of investigation, and only a small proportion of the cases reported to police are referred for prosecution. Different factors have been linked with the prosecution of CSA cases; however, little is known about how prosecutors determine which cases should proceed and which should not.
Objectives: This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed.
Participants and setting: Fifty-six Australian prosecution case files (79 complainants; 58 defendants) were reviewed. The cases included contemporaneous and historical allegations of child sexual abuse, ranging from a single incident to repeated, protracted abuse over a decade.
Method: Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts.
Results: When a complainant was considered inconsistent in some way, giving rise to recorded concerns about their credibility or reliability, 82.3 % of these cases culminated in discontinuance or an acquittal. Conversely, 78 % of cases with complainants who were regarded as largely consistent throughout the investigation resulted in a conviction. Recorded issues with a complainant's memory of the events, cognitive capacity, and confusion about the alleged assault were not associated with case outcomes.
Conclusion: Most CSA cases that were referred for prosecution resulted in proceeding with charges against the defendant. Perceived issues with the consistency and credibility of the complainants' evidence were the most important decisional factors.