Natalie Martschuk, Judy Cashmore, Sarah Hoff, Patrick Parkinson, Jane Goodman-Delahunty, Rita Shackel, Nicholas Cowdery, Martine B Powell
{"title":"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。","authors":"Natalie Martschuk, Judy Cashmore, Sarah Hoff, Patrick Parkinson, Jane Goodman-Delahunty, Rita Shackel, Nicholas Cowdery, Martine B Powell","doi":"10.1016/j.chiabu.2024.107095","DOIUrl":null,"url":null,"abstract":"<p><strong>Background: </strong>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.</p><p><strong>Objectives: </strong>This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed.</p><p><strong>Participants and setting: </strong>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.</p><p><strong>Method: </strong>Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts.</p><p><strong>Results: </strong>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.</p><p><strong>Conclusion: </strong>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.</p>","PeriodicalId":51343,"journal":{"name":"Child Abuse & Neglect","volume":"158 ","pages":"107095"},"PeriodicalIF":3.4000,"publicationDate":"2024-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The importance of consistency in complainants' evidence in the decision to prosecute child sexual abuse cases.\",\"authors\":\"Natalie Martschuk, Judy Cashmore, Sarah Hoff, Patrick Parkinson, Jane Goodman-Delahunty, Rita Shackel, Nicholas Cowdery, Martine B Powell\",\"doi\":\"10.1016/j.chiabu.2024.107095\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><strong>Background: </strong>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.</p><p><strong>Objectives: </strong>This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed.</p><p><strong>Participants and setting: </strong>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.</p><p><strong>Method: </strong>Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts.</p><p><strong>Results: </strong>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.</p><p><strong>Conclusion: </strong>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.</p>\",\"PeriodicalId\":51343,\"journal\":{\"name\":\"Child Abuse & Neglect\",\"volume\":\"158 \",\"pages\":\"107095\"},\"PeriodicalIF\":3.4000,\"publicationDate\":\"2024-10-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Child Abuse & Neglect\",\"FirstCategoryId\":\"102\",\"ListUrlMain\":\"https://doi.org/10.1016/j.chiabu.2024.107095\",\"RegionNum\":2,\"RegionCategory\":\"心理学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"FAMILY STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Child Abuse & Neglect","FirstCategoryId":"102","ListUrlMain":"https://doi.org/10.1016/j.chiabu.2024.107095","RegionNum":2,"RegionCategory":"心理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"FAMILY STUDIES","Score":null,"Total":0}
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.
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.