Relevant bibliographies by topics / Child sexual abuse allegations, family law

Academic literature on the topic 'Child sexual abuse allegations, family law'

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Published: 4 June 2021
Last updated: 21 February 2023

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Journal articles on the topic "Child sexual abuse allegations, family law"

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MacKay, Tommy. "False allegations of child abuse in contested family law cases: The implications for psychological practice." Educational and Child Psychology 31, no. 3 (September 2014): 85–96. http://dx.doi.org/10.53841/bpsecp.2014.31.3.85.

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Educational psychologists are working increasingly with children who are not only from families where there has been divorce or separation but who are also the subject of contested family law cases. This study investigates 107 children from 72 families in which residence issues had been previously settled but which were subject to ongoing disputes regarding contact or change of residence. Such cases are marked in general by allegations and counter-allegations of each parent in regard to the historical or current conduct of the other. This study considers the frequency of allegations of child physical or sexual abuse in cases of this kind, with a particular focus on false allegations. It also notes the high prevalence of mental health problems among the children involved in the disputes. Implications for educational psychology practice are examined.
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Terry, Karen J. "Stained Glass." Criminal Justice and Behavior 35, no. 5 (May 2008): 549–69. http://dx.doi.org/10.1177/0093854808314339.

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This article presents the results of the Nature and Scope of Child Sexual Abuse by Catholic Priests from 1950 to 2002. Ninety-seven percent of dioceses (representing 99% of diocesan priests) and 64% of religious communities (representing 83% of religious priests) responded to the request for data. Findings showed that 4,392 priests (4%) had allegations of abuse, 10,667 victims made allegations, and the Church paid (at the time surveys were completed) $572.5 million for legal and treatment fees and as compensation to the victims (more than $1.3 billion to date). The study also provided information on the circumstances of the abuse (e.g., types of sexual acts, location, duration), the offenders (e.g., year of ordination, age, ministry duties, other behavioral problems), the victims (e.g., age and gender, family situation), and the dioceses (e.g., differences in abuse rates by region and population size). Importance of these results for policy and practice is discussed.
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Johnson, Toni Cavanagh. "Young Children's Problematic Sexual Behaviors, Unsubstantiated Allegations of Child Sexual Abuse, and Family Boundaries in Child Custody Disputes." Journal of Child Custody 2, no. 4 (January 16, 2006): 111–26. http://dx.doi.org/10.1300/j190v02n04_09.

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Bourque, Dawn M. "“Reconstructing” The Patriarchal Nuclear Family: Recent Developments in Child Custody and Access in Canada." Canadian journal of law and society 10, no. 1 (1995): 1–24. http://dx.doi.org/10.1017/s082932010000394x.

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Abstract — Examining recent (1990 to 1993) reported Canadian cases on custody and access, I document a movement toward a re-privatisation of “family” to a traditional patriarchal nuclear form. Patterns of privatisation, readily apparent in economic and social policy are also evident within family law. Custody and access determinations in a separation or post-separation setting represent a moment where these implicit tactics become visible; the result is serious limits placed on the freedom and safety of women and their children. Focus on issues of custodial mothers' mobility, wife abuse and allegations of child physical and/or sexual abuse reveals a propensity on the part of the judiciary to prioritise paternal access to children as a criterion of the “best interests of the child.” Like joint legal custody, which the Canadian courts are still reluctant to impose on unwilling parents, de facto joint custody is occurring under sole custody orders. These tendencies ensure the separated or divorced “family” will be “re-onstructed” and re-privatised along familiar patriarchal lines.
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Thompson-Cooper, Ingrid, Renée Fugère, and Bruno M. Cormier. "The Child Abuse Reporting Laws: An Ethical Dilemma for Professionals." Canadian Journal of Psychiatry 38, no. 8 (October 1993): 557–62. http://dx.doi.org/10.1177/070674379303800806.

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A central issue in the development of family law and child protection in this country has been the right of the state to intervene in family life. The reporting laws, which were developed in the 1960s, made it mandatory for any citizen, including professionals, to report child abuse (physical and sexual) to the authorities. These laws have fundamentally altered the relationship between the clinician and families in need of help and have resulted in a dramatic increase in the number of cases assessed and treated by child welfare agencies. Because of the emphasis on case-finding, the limited resources have been stretched to the point where families with serious problems of child abuse do not get the services they require. Apparently, at least 60% of all reports turn out to be unfounded. Other criticisms of the current system include ineffective intervention, over-intervention and ignoring parents’ rights. The legalization and bureaucratization of the child protection process has profoundly affected the relationship between troubled families and social workers who now must “investigate” them as well as help them. This role conflict is exacerbated even further in cases of alleged child sexual abuse, where social workers are often expected to inform the police of the allegations. The authors argue that the reporting laws have been useful in that society is aware of the problem, and they suggest that it may be more beneficial now to dispose of them. A system such as the “confidential doctor” system currently operating in the Netherlands, whereby legal authorities are only notified if the abusive family does not cooperate with the helping professionals, prevents the negative consequences of the coercive and intrusive intervention in our system and provides an opportunity to work with those families on a voluntary basis whenever possible.
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Neoh, Jennifer, and David Mellor. "Professional Issues Related to Allegations and Assessment of Child Sexual Abuse in the Context of Family Court Litigation." Psychiatry, Psychology and Law 16, no. 2 (July 2009): 303–21. http://dx.doi.org/10.1080/13218710902852883.

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Ferguson, Claire, Sarah Wright, Jodi Death, Kylie Burgess, and John Malouff. "Allegations of child sexual abuse in parenting disputes: An examination of judicial determinations in the Family Court of Australia." Journal of Child Custody 15, no. 2 (January 5, 2018): 93–115. http://dx.doi.org/10.1080/15379418.2017.1415776.

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Elterman, Michael F., and Marion F. Ehrenberg. "Sexual abuse allegations in child custody disputes." International Journal of Law and Psychiatry 14, no. 3 (January 1991): 269–86. http://dx.doi.org/10.1016/0160-2527(91)90008-b.

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9

Hall, Kathryn. "Book Review: Assessing Allegations of Child Sexual Abuse." Journal of Psychiatry & Law 26, no. 4 (December 1998): 555–57. http://dx.doi.org/10.1177/009318539802600408.

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Awad, George A. "The Assessment of Custody and Access Disputes in Cases of Sexual Abuse Allegations*." Canadian Journal of Psychiatry 32, no. 7 (October 1987): 539–44. http://dx.doi.org/10.1177/070674378703200707.

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Sexual abuse allegations directed at one parent can arise in the context of custody and access disputes. The role of the clinician, when such allegations occur, is to provide an assessment of the total situation, taking the allegations into account. To assess the probability that sexual abuse has occurred involves a thorough assessment of the accuser, the accused, the accusation, the child, and different family subsystems. Particular attention should be paid to interviewing the young child with detailed focus on the interviewing process, how the interviews are reported and what conclusions may be drawn from them. Following a thorough assessment, the clinician may reach one of three conclusions: that the sexual abuse has probably occurred, has probably not occurred, or is unsure. A strong caution is given against becoming entangled in an endless process of trying to find out whether the allegations are true or false. Whatever conclusions are reached are but one factor in the recommendation regarding custody and/or access. Ultimately the recommendation will be made according to the best interests of the child, taking into account the child's relationships and attachments, as well as the sexual abuse allegations.
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Dissertations / Theses on the topic "Child sexual abuse allegations, family law"

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Foote, Wendy Lee. "Child Sexual Abuse Allegations in the Family Court." Thesis, The University of Sydney, 2006. http://hdl.handle.net/2123/1986.

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This research is concerned with decision-making in judgments made in the Family Court of Australia where there are allegations of child sexual abuse. The focus of the research is the identification of the concepts that are relied on in the assessment of these allegations by professionals providing evidence to the court and how judges determine what evidence should be given weight and relied on. This research was undertaken against a historical and current backdrop of scepticism about the veracity of child sexual abuse allegations in family law disputes, despite the heightened risk to children, and in particular to girls, after their parents separate and/or divorce. In this context the Family Court is also increasingly becoming a part of the child protection system as allegations of abuse are raised in hearings. This research has taken place in the period of time after the Reform Act (1995) and before new proposed legislation for 2006 was proclaimed. This research is based on a detailed thematic analysis of 21 judgments of first instance trials between 1997 and 2001 that were selected for the presence of a child sexual abuse allegation and at least two professionals disputing some aspect of the allegation. Twenty-five family members, including 18 mothers and four maternal grandmothers, made allegations about 28 family members, 21 of whom were fathers. Professionals who gave evidence included 11 child protection officers and 20 court-ordered private assessors (including 17 child and family psychiatrists, three clinical psychologists and 11 court counsellors). This research found that the context of the allegation, the family law litigation, had a dominant influence on how the allegations were assessed and interpreted: the impact of two influential paradigms, the separation and divorce and the legal/psychiatric paradigms, resulted in a reticence to test out the allegations of child sexual abuse made against fathers. Concepts from these paradigms were applied by court-ordered assessors and represented the sceptical conceptualisation of allegations of child sexual abuse as the product of the parental conflict, associated maternal anxiety and mental illness. In contrast, fathers were not scrutinised as closely against criteria for sex offending even when they made admissions relating to the allegations. Evidence from and about children was not central to the hearings and professionals who were in a position to present assessments of the child sexual abuse allegations to the court were discredited as a result of concerns about ‘contamination’ relating to criticisms of investigation and other methodological errors. In addition, allegations from children were frequently not fully examined or analysed by assessors or the judiciary. There were glimpses of a child-focused approach in a small number of hearings and, while there was no specialist assessment of the child sexual abuse allegations, there was evidence of specialist knowledge pertaining to domestic violence in cases in which there was a high level of evidence relating to serious domestic violence. This research has shown that there is a continuing influence of a sceptical paradigm in relation to the assessment of child sexual abuse allegations in the Family Court. It suggests that the scope of assessments needs to go beyond the usual scope of parental competencies to include an assessment of the propensity for child sexual abuse perpetration and the dynamics and effects of incest.
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Grilo, Maria Helena Pinto da Costa. "Criança vítima de maus tratos, que protecção?: um longo caminho até ao reconhecimento do direito aos direitos." Master's thesis, Instituto Superior de Psicologia Aplicada, 2004. http://hdl.handle.net/10400.12/1032.

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Foote, Wendy Lee. "Child Sexual Abuse Allegations in the Family Court." 2007. http://hdl.handle.net/2123/1986.

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Doctor of Philospohy in Social Work
This research is concerned with decision-making in judgments made in the Family Court of Australia where there are allegations of child sexual abuse. The focus of the research is the identification of the concepts that are relied on in the assessment of these allegations by professionals providing evidence to the court and how judges determine what evidence should be given weight and relied on. This research was undertaken against a historical and current backdrop of scepticism about the veracity of child sexual abuse allegations in family law disputes, despite the heightened risk to children, and in particular to girls, after their parents separate and/or divorce. In this context the Family Court is also increasingly becoming a part of the child protection system as allegations of abuse are raised in hearings. This research has taken place in the period of time after the Reform Act (1995) and before new proposed legislation for 2006 was proclaimed. This research is based on a detailed thematic analysis of 21 judgments of first instance trials between 1997 and 2001 that were selected for the presence of a child sexual abuse allegation and at least two professionals disputing some aspect of the allegation. Twenty-five family members, including 18 mothers and four maternal grandmothers, made allegations about 28 family members, 21 of whom were fathers. Professionals who gave evidence included 11 child protection officers and 20 court-ordered private assessors (including 17 child and family psychiatrists, three clinical psychologists and 11 court counsellors). This research found that the context of the allegation, the family law litigation, had a dominant influence on how the allegations were assessed and interpreted: the impact of two influential paradigms, the separation and divorce and the legal/psychiatric paradigms, resulted in a reticence to test out the allegations of child sexual abuse made against fathers. Concepts from these paradigms were applied by court-ordered assessors and represented the sceptical conceptualisation of allegations of child sexual abuse as the product of the parental conflict, associated maternal anxiety and mental illness. In contrast, fathers were not scrutinised as closely against criteria for sex offending even when they made admissions relating to the allegations. Evidence from and about children was not central to the hearings and professionals who were in a position to present assessments of the child sexual abuse allegations to the court were discredited as a result of concerns about ‘contamination’ relating to criticisms of investigation and other methodological errors. In addition, allegations from children were frequently not fully examined or analysed by assessors or the judiciary. There were glimpses of a child-focused approach in a small number of hearings and, while there was no specialist assessment of the child sexual abuse allegations, there was evidence of specialist knowledge pertaining to domestic violence in cases in which there was a high level of evidence relating to serious domestic violence. This research has shown that there is a continuing influence of a sceptical paradigm in relation to the assessment of child sexual abuse allegations in the Family Court. It suggests that the scope of assessments needs to go beyond the usual scope of parental competencies to include an assessment of the propensity for child sexual abuse perpetration and the dynamics and effects of incest.
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Books on the topic "Child sexual abuse allegations, family law"

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Halliday, Linda. Sexual abuse: Examining false allegations. Campbell River, B.C: Ptarmigan Press, 1988.

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2

Force, Hampshire/Franklin Child Sexual Abuse Task. Addressing child sexual abuse allegations in probate and family court: A protocol. [Northampton, Mass.]: Hampshire/Franklin Child Sexual Abuse Task Force, 1996.

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Canon Law Society of America., ed. Guide to the implementation of the U.S. bishops' essential norms for diocesan/eparchial policies dealing with allegations of sexual abuse of minors by priests or deacons. Washington, DC: Canon Law Society of America, 2003.

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Information Plus (Firm : Wylie, Tex.), ed. Child abuse and domestic violence. 2nd ed. Detroit, MI: Gale Cengage, 2009.

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Child abuse and domestic violence. Farmington Hills, Mich: Gale, Cengage Learning, 2015.

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David, Baumgarten, ed. Children speak for themselves: Using the Kempe interactional assessment to evaluate allegations of parent-child sexual abuse. New York: Brunner/Mazel, 1994.

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Raphael, Kevin E. Allegations of sexual misconduct in a post-Sandusky world: What educational institutions and employers must know. Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2013.

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Maria Regina Fay de Azambuja. Violência sexual intrafamiliar: É possível proteger a criança? Porto Alegre: Livraria do Advogado Editora, 2004.

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Shannon, David. Den polisanmälda barnmisshandeln: Utvecklingen fram till 2009. Stockholm: Brottsförebyggande rådet, 2011.

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Commission, Great Britain Law. Family law: Review of child law : guardianship. London: HMSO, 1985.

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Book chapters on the topic "Child sexual abuse allegations, family law"

1

Brown, Thea, and Renata Alexander. "Child Sexual Abuse." In Child Abuse and Family Law, 65–85. Routledge, 2020. http://dx.doi.org/10.4324/9781003115168-5.

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Spinelli, Margaret. "Child abuse in the United States." In Perinatal Psychiatry. Oxford University Press, 2014. http://dx.doi.org/10.1093/oso/9780199676859.003.0030.

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Child abuse is a major cause of morbidity and mortality in the United States and other countries. It is the second leading cause of death among children in the US. All 50 States, the District of Columbia, and the US Territories have mandatory child abuse and neglect reporting laws that require certain professionals and institutions to report suspected maltreatment to a child protective services (CPS) agency. Four major types of maltreatment are considered: neglect, physical abuse, psychological maltreatment, and sexual abuse (Centers for Disease Control and Prevention 2010). Once an allegation or referral of child abuse is received by a CPS agency, the majority of reports receive investigations to establish whether or not an intervention is needed. Some reports receive an alternative response in which safety and risk assessments are conducted, but the focus is on working with the family to address issues. Investigations involve gathering evidence to substantiate the alleged maltreatment. Data from reports on child abuse is derived from the National Child Abuse and Neglect Data System (NCANDS), which aggregates and publishes statistics from state child protection agencies. The first report from NCANDS was based on data for 1990. Case-level data include information about the characteristics of reports of abuse and neglect that are made to CPS agencies, the children involved, the types of maltreatment that are alleged, the dispositions of the CPS responses, the risk factors of the child and the caregivers, the services that are provided, and the perpetrators (Centers for Disease Control and Prevention 2010). During 2010, the NCANSDS reported that an estimated 3.3 million referrals estimated to include 5.9 million children were received by CPS agencies. Of the nearly 2 million reports that were screened and received a CPS response, 90.3% received an investigation response and 9.7% received an alternative response (Centers for Disease Control and Prevention 2010). Of the 1,793,724 reports that received an investigation in 2010, 436,321 were substantiated; 24,976 were found to be indicated (likely but unsubstantiated); and 1,262,118 were found to be unsubstantiated. Three-fifths of reports of alleged child abuse and neglect were made by professionals.
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Drozd, Leslie, Michael A. Saini, and Kristina Vellucci-Cook. "Trauma and Child Custody Disputes." In Evidence-Informed Interventions for Court-Involved Families, edited by Lyn R. Greenberg, Barbara J. Fidler, and Michael A. Saini, 260–81. Oxford University Press, 2019. http://dx.doi.org/10.1093/med-psych/9780190693237.003.0010.

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This chapter addresses the special considerations that must be applied when therapeutic interventions occur in the context of unresolved allegations of trauma or abuse. Evidence-informed techniques that address functional deficits being exhibited by the child, without compromising external investigation of the allegations, are discussed. Methods for maintaining or strengthening the healthy aspect of parent–child relationships, as consistent with child safety, are also discussed. This chapter considers evidence-informed techniques for addressing functional deficits exhibited by children as a result of unresolved trauma. Attention is placed on methods for resolving histories of trauma within the family law and child dependency context. This may include resolving traumatic memories with parents, dealing with situations in which more than one party is traumatized or memories do not align, and reaching child-supportive resolutions when parent–child contact requires a trauma-supportive lens.
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May-Chahal, Corinne, and Emma Kelly. "Young children: the visibility paradox." In Online Child Sexual Victimisation, 87–112. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447354505.003.0004.

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This chapter reviews what is known about child sexual abuse media, with a particular focus on the abuse of young children (those under the age of 10). Young children are seldom the subject of research on sexual violence, yet the online-facilitated sexual abuse of these children is known to exist. In the past, child sexual abuse has been described as a hidden phenomenon that is made visible through a child's disclosure or evidence in and on their bodies. Online child sexual victimisation (OCSV) experienced by young children is still hidden in this traditional sense but at the same time highly visible through images that are both detached from the child yet traumatically attached through their creation and continued circulation throughout childhood. Indeed, most of what can be known about OCSV and younger children is through analyses of images harvested online and analyses of law enforcement and non-governmental organisation (NGO) image databases. These sources suggest that OCSV involving young children is different from that experienced by those who are older. It more often involves parents, carers, and family members; it is legally and developmentally impossible for children to consent to it; and images and videos of the abuse are more likely to be trafficked.
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Ormerod, David, and Karl Laird. "17. Sexual offences." In Smith, Hogan, & Ormerod's Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807094.003.0017.

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The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.
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Ormerod, David, and Karl Laird. "17. Sexual offences." In Smith, Hogan, and Ormerod's Criminal Law, 786–860. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0017.

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The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.
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Davidson, Roger. "‘This Pernicious Delusion’: Law, Medicine and Child Sexual Abuse1." In Illicit and Unnatural Practices, 30–50. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474441193.003.0003.

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Chapter 3 examines child sexual abuse in early twentieth-century Scotland and the competing discourses surrounding its prosecution. At the heart of the study is a set of High Court cases of sexual assault upon children involving the aggravated offence of communicating VD, and the role played by the enduring superstition that ‘having connection with a virgin’ was a cure for the affliction. The chapter traces how this ‘pernicious delusion’ figured in medical testimony to legal proceedings and government enquiries throughout the period. It explores the impulses and constraints shaping the response of the law to ‘child outrage’. The impact of these cases on the campaign by feminists, rescue workers, and purity activists to amend the criminal law and the conduct of investigation and trial in respect to sexual offences against women is documented, as is the growing importance of forensic medicine in securing convictions. Continuing resistance is revealed within the medical profession and judiciary, as well as within the family and local community, to recognising child sexual abuse. The chapter illustrates the many layers of denial that operated to deny the child victims justice and the extent to which the legal process stigmatised them as sexual dangers to be institutionalised..
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Howell, Kathryn H., Taylor R. Napier, Kari N. Thomsen, Cecilia Martinez-Torteya, and Åsa Källström. "Global Perspectives on Family Violence." In Psychological Perspectives on Understanding and Addressing Violence Against Children, edited by Kelly Kinnish, Elizabeth W. Perry, Katherine Reuben, Kathryn O’Hara, and Shannon Self-Brown, 132—C8.P135. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/med-psych/9780197649510.003.0008.

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Abstract Family violence is an act or threat of physical, sexual, or psychological violence perpetrated against one individual by another who is related through marriage or family. Family violence encompasses child abuse and neglect, sibling abuse, parent/in-law abuse, elder abuse, and intimate partner violence. Children exposed to family violence may experience negative short- and long-term physiological and psychosocial effects. Family violence, its prevalence, and its impacts have been studied worldwide. This chapter reviews global rates of family violence, how conceptualizations of family violence vary across countries, and how different types of family violence contribute to short- and long-term consequences for children. We focus on Mexico and Sweden as case studies to examine how families and children are affected by family violence in these unique cultural contexts.
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Rollins, Joe. "Conclusion." In Legally Straight. NYU Press, 2017. http://dx.doi.org/10.18574/nyu/9780814775981.003.0007.

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The conclusion weaves together the arguments from previous chapters to examine the elasticity of childhood and gender socialization in other areas of the law. Child sexual abuse, childhood sexuality, Title IX, abortion rights, and sexting provide material for understanding how conceptions of childhood, marriage, and the family are changing. While the book shows how much has changed in the law and culture of marriage, much remains the same. Rather than undermining heterosexuality and the marital ideology associated with it, the legal language of the lesbian and gay marriage debate has instead shored up and strengthened the social scripts associated with heterosexuality, gender, reproduction, and childhood. Age, childhood, and gender have become the dominant markers of properly domesticated sexuality.
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