在决定起诉儿童性虐待案件时,申诉人证据的一致性非常重要。

IF 3.4 2区 心理学 Q1 FAMILY STUDIES Child Abuse & Neglect Pub Date : 2024-10-25 DOI:10.1016/j.chiabu.2024.107095
Natalie Martschuk, Judy Cashmore, Sarah Hoff, Patrick Parkinson, Jane Goodman-Delahunty, Rita Shackel, Nicholas Cowdery, Martine B Powell
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引用次数: 0

摘要

背景:儿童性虐待(CSA)案件在调查的不同阶段都会出现减员现象,向警方报案的案件中只有一小部分被移交起诉。不同的因素与 CSA 案件的起诉有关;然而,人们对检察官如何决定哪些案件应继续审理,哪些案件不应继续审理知之甚少:本文调查了公诉律师在决定是否继续审理儿童性虐待案件时所使用的标准和门槛:本文审查了 56 份澳大利亚起诉案件卷宗(79 名原告;58 名被告)。这些案件包括当时的和历史上的儿童性虐待指控,从单一事件到十年间反复、长期的虐待:方法:搜索检察官档案中的书面记录和电子邮件,以了解对申诉人的看法、起诉决定和判决结果:如果认为投诉人在某些方面前后不一致,从而对其可信度或可靠性产生记录在案的疑虑,那么这些案件中有 82.3% 最终会中止或无罪释放。相反,78%的案件的投诉人在整个调查过程中被认为基本一致,最终被定罪。申诉人对事件的记忆、认知能力和对所称攻击行为的混淆等记录在案的问题与案件结果无关:大多数移送起诉的 CSA 案件最终都对被告提出了指控。认为申诉人证据的一致性和可信度存在问题是最重要的决定因素。
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The importance of consistency in complainants' evidence in the decision to prosecute child sexual abuse cases.

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.

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来源期刊
CiteScore
7.40
自引率
10.40%
发文量
397
期刊介绍: Official Publication of the International Society for Prevention of Child Abuse and Neglect. Child Abuse & Neglect The International Journal, provides an international, multidisciplinary forum on all aspects of child abuse and neglect, with special emphasis on prevention and treatment; the scope extends further to all those aspects of life which either favor or hinder child development. While contributions will primarily be from the fields of psychology, psychiatry, social work, medicine, nursing, law enforcement, legislature, education, and anthropology, the Journal encourages the concerned lay individual and child-oriented advocate organizations to contribute.
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