Evaluating Domestic Violence and Sexual Abuse Allegations in Custody Disputes

Stephen E. Doyne, Ph. D.

Goal: Learn how to make sound clinical judgments

Sound Judgments S Supported by data O Objective, balanced U Understand pertinent research N Never deviate from ethical guidelines,
local rules, and the standard of care

Describe clearly parents strengths and weaknesses and how they impact children

Domestic Violence: Overview

   

Background on domestic violence Assessment techniques Tricks and traps Case examples: team approach

Sexual Abuse: Overview

    

Background on sexual abuse Assessment approaches When to defer to others Case examples: team dilemmas Recommendations for visitation, custody and treatment

Case Example 1: Animals

1. 2. 3.

4.

How do you put a giraffe in a refrigerator? How do you put an elephant in? The Lion King is hosting an animal conference. All animals attend except one. Which does not attend? You must come across a river, but crocodiles inhabit it. How do you manage this?

Answers
1.

2.

3. 4.

Open refrigerator. Put giraffe in. Close door. (Tests if you do simple things in an overcomplicated manner.) Open refrigerator. Remove giraffe. Put in elephant. Close door. (Tests ability to think through repercussions of your actions.) The elephant in the refrigerator. (Tests memory.) Swim across. All crocodiles are at the conference. (Tests if you learn quickly from mistakes.)

Custody Disputes Involving Domestic Violence

Objectives: Understand


  

The detrimental, emotional, and physical effects of family violence on children The characteristics of the abusive personality The legal standards for determining custody How elevating childrens needs protects them from harm in cases involving domestic violence: the Brown-Simpson Brownguardianship dispute

Definitions: Domestic Violence

Psychological Shouting, swearing, taunting,
threatening, degrading, demeaning, inducing fear, gender harassment, stalking Sexual Rape, incest, unwanted sexual touching, date rape, harassment Physical Slapping, shoving, hitting, mutilation, stabbing, assault, murder

Financial Withholding, diverting, embezzling,

controlling funds

Prevalence in California
How often in child custody mediation? Alexa Hirst* (1999) found:
  

Most parents reported prior violence in relationship For 76% of cases at least one parent reported at least one indicator of inter-parental violence. interParents often reported multiple violent behaviors

* Senior research analyst, Center for Families, Children and the Courts surveyed 54 of Californias 58 County Court systems (data from 2812 custody mediation cases)

Types of Violence Reported

Pushing, hitting Threats Weapons used Sexual assault No report of violent behavior
66% 48% 17% 13% 29%

Types of Violence


Mothers reported inter-parental violence intermore than fathers 48% mothers and 25% fathers reported there was physical violence in family 37% mothers and 30% fathers reported current or prior restraining order and application for orders.

Types of Violence
 

Parent demographics not closely related to reported domestic violence Parents often reported children had witness interinterparental violence Parents in cases reporting inter-parental violence interoften didnt report domestic violence to mediators 76% cases reported at least one indicator of interinterparental violence About half of cases reporting violence had current restraining orders also met in separate sessions

Batterers - No Single Profile



Dutton divided wife batterers into three subtypes (Dutton, 1995)

1. 2. 3.

Act out anger impulsively in context of intimate relationship Use violence instrumentally, and Repress or over-control a deep resentment over-

 

Statistically male rather than female. Pronounced needs for interpersonal control, but dont have healthy mechanisms to generate control

Batterers


 

Typically, background includes deep shaming experiences by father of eventual perpetrator, insecure attachment and exposure to violent role model (Dutton, 1995, 1998) Significant to child custody determinations is that many offenders are serial batterers Nearly two-thirds of batterers re-offend tworeCultural issues should be considered

Risk Factors
  

Alcohol used during violence Substance abuse during violence Substance abuse as on ongoing mental disorder Major mental disorder (bipolar, schizophrenia, or other psychotic state, personality disorder)

Stalkers


80% of victims are prior acquaintances or former sexual intimates (Meloy, 1996) Experts believe the presence of domestic violence increases risk of stalking Though homicide rate for stalker is less than 2%, this is more than 200 times the current rate in the general population of the U. S. ThreeThree-fourths of spousal homicides after separation are preceded by stalking behavior: a long-term longpattern of threats and harassment that causes fear for safety (Walker & Meloy, 1997)

The Gift of Fear



Batterers arent always out of control when abusing. For some, heart rates drop and they become physiologically calmer This is consistent with research on psychopathy and with Gavin deBeckers explanation of domestic assault and murder:
Though leaving is the best response to violence, it is in trying to leave that most women get killed. This dispels the dangerous myth about spousal killings: they happen in the heat of argument. In fact, the majority of husbands who kill their wives stalk them first, and far from the crime of passion that is so often called, killing a wife is usually a decision, not a loss of control. Those men who are most violent are not at all carried away by fury. (Gavin deBecker, 1997)

Risks to Children


Domestic Violence can have dramatic and longlong-lasting detrimental effects (Jaffe, 1995) More accurate term for domestic violence is maltreatment of women and children North American police forces report that 95% of the victims are women and children

Risks to Children


Though parents in violent families think they protect their children, 80 to 90% of children indicate the opposite is true Majority of children in violent families are aware of what occurred and can give detailed descriptions of the pattern of escalation When women are murdered by husbands, children are present approximately 25% of the time (Crawford & Gartner, 1992)

Risks to Children
The term witness or exposure to violence is not just observation of discrete events. Its a childs total experience of fear and insecurity of what happens, what they anticipate and the aftermath of physical, sexual and emotional abuse. (Jaffe, 1995)

Impact of Exposure


Preschool children may suffer nightmares or other sleep disturbances Others polarized by constant fear and anxiety. Places and people who should give greatest protection are most dangerous Also can experience more subtle signs of trauma seen using assessment and interview methodology Children exposed to parental violence hold beliefs that violence is appropriate to resolve conflicts, especially for intimate relationship (Jaffe, 1995)

Impact of Exposure


 

 

Others see physical aggression acceptable to gain respect or control in a relationship. Excusable if drinking or if victim provoked Children feel responsible. Blame self Many feel responsible for mothers safety They adjust their lives to protect mother Some refuse to attend school and later are diagnosed school phobic Adolescent boys more likely to abuse themselves Girls less likely to question violence in dating

Neurobiological Changes


Children neurobiologically adapt, exhibiting measurable change in brainstem activity because of chronic traumatic stress in violent homes (Perry, 1997) Neurobiological adapters that allow child to survive may result in increased tendency to be violent
(Perry, 1997)

In 14 of 16 studies, witnessing violence between parents more consistently predicts future violence than being a victim of abuse. (Hotaling and Sugarman, 1986) Violence doesnt end with separation. Ongoing issues, abuse of power and control, may play out through custody disputes, compromising childs emotional and behavioral adjustment.

Traumatic Bonding & Best Interests

 

Judges faced with paradox inherent in dynamics Courts often presented evidence showing special risks children face when placed with abuser. Risks to physical safety and emotional developmental needs. Court appointed experts downplay domestic violence and tell jurists child has close bond with parent who committed violence. Children may say they Just want to go home.

Traumatic Bonding & Best Interests



Apparent bonding between perpetrators and their children, battered or not, explained by traumatic bonding. Occurs when intermittent maltreatment patterns produce strong emotional attachments.
(Dutton, 1995)

This is reason many battered spouses stay in abusive relationships. Similarly, children may appear emotionally close to violent parent because they are afraid of them.

Problems for Victims



With current system of custody dispute resolution children are central focus in decisions about leaving batterer or staying trapped in abusive relationship Battered women cite children as reason to stay with spouse. Also, fear, economic dependency, self-blame selfand lack of community support (Hilton, 1992) Researchers suggest perpetrators have good chance of convincing judge they should have custody
(Zorza, 1991)

A co-parenting relationship and the impact of the coconflict on children often represents a negative influence on children

Problems for Victims



Battered spouses advised to promote a relationship and set aside past conflicts with ex-spouse, who may exbe a danger to themselves and children. If they dont, deemed unfriendly or unfit parents and can lose custody to abusive parent (Zorza, 1991) An important issue often unrecognized. Violence does not end with separation Large study of children of battered women in California shelters shows separation leads to escalation of violence and greater endangerment for mother (Jaffe, 1995) Estrangement, not argument, begets worse violence. A majority of spousal murders happened after the woman leaves. (deBecker, 1997)

Adverse Childhood Experiences (ACE) Study

Vincent Felitti, M.D., surveyed 17,421 adults at Kaiser Permanente Dept. of Preventative Medicine, San Diego. (1998) Determined that childrens exposure to adverse childhood experiences(ACEs) is the best predictor of physical health and longevity.

ACE Study


ACE experiences include psychological, physical and sexual abuse Household dysfunction includes exposure to substance abuse, mental illness, maltreatmaltreatment of mother/stepfather, criminal behavior Respondents defined as exposure to a category that responded yes to one or more questions in that category

ACE Study
Dr. Felitti found a strong graded relationship between the breadth of exposure to abuse or household dysfunction during childhood and multiple risk factors for several leading causes of death in adults.

ACE Study
Those with four or more categories of childhood exposure compared to none. A direct association between number of childhood exposures and risk factors to:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Smoking Severe obesity Depressed mood Suicide attempts Alcoholism Illicit drug use Sexually transmitted disease Ischemic heart disease Cancer Stroke Chronic bronchitis Emphysema Diabetes

Domestic Violence a Primary Consideration

 

Abusive parents often realize after separation that most effective way to hurt other parent is emotional or psychological abuse using family courts Effective January 1, 1998, California Family Code was amended to elevate importance of safety concerns in child custody determination. The following provisions were added:
a)

The legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the courts primary concern in determining the best interest of children when making any orders regarding the custody or visitation of children. The Legislature further finds and declares the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.

Legal Standards for Custody



Best interest standard generally applied, with notion of two fit biological parents Domestic violence shown harmful, whether children are physically abused or not Residence with batterer as primary or joint custodian meets legal standard: detrimental to children as well as not in best interest

Legal Standards for Custody



California law requires courts to consider any history of abuse by one parent against the child or other parent To ensure safety and well-being, a finding of wellabuse by one parent of the other needs more than consideration. It needs elevation over other best interest factors.

Legal Standards for Custody



Court should consider acts and patterns of physical abuse inflicted on other persons, as well as fear of physical harm Survey of psychologists in 39 states shows custody evaluators seldom consider domestic violence in making recommendations
(Ackerman, 1996)

Three fourths of evaluators recommended denying sole or joint custody to parent who alienates child by negatively interpreting other parents behavior

Legal Standards for Custody



Women may not be believed, but may be seen as exaggerating incidents of violence reported to manipulate courts Recent article discusses Malicious Mother Syndrome in divorce Parental Alienation is often used as a defense by perpetrators

Brown Simpson Amicus Curiae Brief



Purpose Educate the court about enormous risks children face living with a batterer Advocate for a rebuttable presumption against sole or joint custody for perpetrators Demonstrate how the trial court ignored pertinent research by:
  

Concluding Simpson didnt fit profile of a batterer Not looking at the fathers history of domestic violence Not admitting murder evidence; not addressing possibility that Simpson murdered the mother

CoCo-Authors
   

J. Reid Meloy, Ph.D. Don Dutton, Ph.D. Peter Jaffe, Ph.D Janet Bowermaster, J.D.

Counsel
 

Stephen Temko, CFLS, CALS Paul Mones, LLB

Organizations
  

Public Law Center California Womens Law Center California Alliance Against Domestic Violence

Others
 

Professor Nancy K. D. Lemon National Council of Juvenile and Family Court Judges

Evidence: Murder Issue



Relevance of the Evidence

The murder of Sydney and Justins mother was an extraordinarily violent act showing callous disregard. If Simpson committed the crime, that information and highly relevant to whether the children should be returned to him. As Commissioner Schulte observed, it would fly in the face of reason to conclude otherwise. We by no means must conclude that Simpson committed the crime to say that if he did, the fact was certainly relevant to show a propensity toward violence on his part. It is clear then that evidence of whether Simpson killed Sydney and Justins mother was not only relevant to the termination of the guardianship, it was so relevant that it could not reasonably be ignored.

Possible Waiver


The trial judge stated she did not consider evidence of the murder issue because the guardians counsel had, in effect, waived it No such waiver on record. Question of whether Simpson killed mother, Nicole, was raised a number of times prior to judges ruling to exclude any evidence on the point

Burden of Proof


California courts have looked to overall fitness of parent in construing guardianship termination statute To distill over 50 years of case law explicating section 1601 (and predecessor statute):
The burden in a guardianship termination proceeding is not, as the trial judge assumed, upon the guardians to show clear evidence it would be detrimental to return child to natural parent. Rather, it is upon the parent to show overall fitness*

The trial judge applied the wrong burden of proof in this guardianship termination case
*Kassandra H., supra, 64 Cal.App.43th at pp. 1239-1240 1239-

Effect of Trial on Proceeding



Unfair to guardians to preclude them from introducing evidence of murder A court cannot shut its eyes to any threat just because it may have been the subject of a proceeding in a different forum*

*In re Benjamin D., supra, 227 Cal.App.3dd.at p.1470

Resolution of Doubt


As judges, we are charged with ascertaining the truth of the most important aspects of a case Any doubt whether the murder issue had been raised should have been resolved in favor of hearing it Legal logic does not have to defy common sense

Time Considerations


 

Besides waiver, court also gave undue consumption of time as reason to avoid considering murder issue This is simply untenable Trial judges discretionary authority to manage evidence doesnt extend to arbitrarily refusing to consider the most salient issue in the case

Violence Against First Wife



Guardians werent allowed to introduce evidence of violence against Marguerite prior to 1975 Judge was within her discretion to exclude evidence but, with proper showing, could have admitted evidence Any propensity toward domestic violence is highly relevant for childrens welfare

Factors Court Must Consider

  

The murder issue Propensity toward domestic violence Uprooting of children if removed from Simpsons custody Positive effects of continuing the guardianship Children's own views

Reassignment on Remand


Must address removal of Commissioner Schulte and reassignment of case to Judge Stock. No statute allows a presiding judge of superior court to remove a court commissioner without finding good cause. The constitutional empowerment of a commissioner to act until final determination could easily be rendered a dead letter

Nicoles Diaries


Guardians tried to put diaries into evidence of domestic violence. In 1966 Legislature enacted section 1370 of Evidence Code to provide that threats of physical abuse would not be excluded as hearsay. Prejudicial error not to admit diaries and let parties argue their weight and interpretation. They were relevant to domestic violence and Simpsons ability to control his temper.

Conclusion
 

Children are at great risk living with perpetrator of domestic violence. Whether they have been abused directly or not, they experience the same psychological fears and may be traumatically bonded to batterers,even expressing a preference to live with them. In the case of spousal murder, these children may suffer secondary abuse, adopting pattern of emotional compliance because they may fear the penalty for misbehaving could be physical harm or death.

Conclusion


However, the greatest future harm children face living with a batterer is that they may live to experience the surviving parent beat another partner, recycling the climate of fear that is so detrimental to children. If they remain with a batterer, the same neurobiological adaptations that help them psychologically survive the traumas associated with domestic violence make it more likely they will grow up to be violent themselves. To prevent future detriment, childrens safety and well being should be elevated above rights of biological parents. If the justice system cannot assure childrens safety, the cycle of violence will continue.

W. H. Auden

I and the public know what all school children learn, those to whom evil is done do evil in return.

Domestic Violence Assessment Techniques

Taking a History
  

Domestic violence is rarely isolated Take a separate history for each parent Use available corroborating documents (police, medical, CPS reports, etc.) Call collateral sources

Taking a History


Women tend to over report violence; men tend to under report (Hanks, 1998) 1998) Lack of collateral evidence does not mean domestic violence has not occurred (Stahl, 1999) 1999) Best predictor of violence is past behavior

Parents Psychological Testing

  

MMPIMMPI-2 MILLON III Conflicts Tactics Scale (Determines

intensity and frequency of violence)

 

SARA (Spousal Assault Risk Assessment Guide) Rorschach (and/or other projective testing) No test is definitive on its own without other clinical data

Lethality
 

Assessment is tricky and never foolproof (Stahl, 1999) Risk is greater depending on existence and intensity of the following:
    

Threats of homicide or suicide Fantasies of homicide or suicide Presence of weapons Presence and use of drugs, alcohol or both Ownership of a battered partner

Lethality
 

Assessment is tricky and never foolproof (Stahl, 1999) Risk is greater depending on existence and intensity of the following:
    

Separation violence Depression Access to battered woman, family members, or both Escalation of batterer risk Hostage taking behavior

Interviewing Children
 

Initially, always interview separately Children may fear:

      

Telling family secrets A parent going to jail Never seeing a parent again Being hit or emotionally abused Letting a parent down Feeling responsible for the violence Risk of abduction

Interviewing Children


Along with interviews, use projectives such as drawings

    

Before and after divorce family drawings Draw A Person Kinetic Family Drawing Lifelines Other projective techniques

Interviewing Children


Developmental age of child must be considered in any assessment Joint Interviews with children (Do stories match?)

Appropriate Recommendations for Access and Treatment?

Case Example 2: Jones



 

Father (age: 32) accused of spousal abuse of ex-wife (age: 30) at exchange exNo contact with daughter (age: 9) and sons (7 and 5) for four months after arrest Wife (age: 31) and stepson (age 7) were at the exchange Mother claims father is a batterer Father claims she beat him up at the exchange

Family Code 3044

Rebuttable Prescription

Upon a finding by the court that a party seeking custody of a child has perpetrated a domestic violence against the other party or against the child within 5 years there is a rebuttable presumption that an award (of sole or joint custody) is detrimental to the child (FC 3044)

Model Code 401 National Council of Juvenile and Family Court Judges

Access Issues
  

Restraining orders sole or mutual Are they in effect? Where there is damage, consider:
Supervised visitation always the question of how long No contact where there is a risk of abduction or the parent is delusional or out of control Restricted visitation and / or supervised where children are fearful

Access Issues


Standards for supervised visitation are mandated by law Supervised exchanges may be necessary How much visitation for how long is always an issue

Access Issues
 

Structure is helpful, but Everything works and nothing works

Therapeutic Intervention


Batterers cannot have legal or physical custody, per 3044 Treatment program 52 week group therapy is most frequently recommended in criminal proceedings Anger management is specified in absence of violent behavior

Therapeutic Intervention


Therapy for domestic violence is not as effective at prevention as jail Individual therapy and group treatment is often indicated for victims
(Battered Persons Syndrome)

If violence is mutual, both parents may need anger management

(Code 3044 does not apply)

Therapeutic Intervention


Childrens treatment:
Individual therapy, whether abused or not Group treatment, e.g., Kids Turn

Does the perpetrators therapist recommend when that parent is ready for unsupervised visitation? Does the childrens therapist recommend supervised or unsupervised visitation?

Reunification Therapy


Not successful if perpetrator does not take responsibility Childrens fears and comfort level are paramount Victim needs to be interviewed separately

Case Example 3: Smith



Father (age: 36) has equally shared physical custody of three boys (7, 9 and 12) Drunk, he threatens life of mother in front of children, while driving them to Mom. He has a loaded firearm in the car Mother gets temporary sole physical custody. Father gets supervised contact. Father claims mother made story up and is alienating boys from him

Custody Disputes Involving Sexual Abuse

Sexual Abuse
(Schuman, 1999)

Over half of the sexual abuse allegations in the context of divorce appear to be true. (ergo, half are false.)

Sexual Abuse and Child Custody

Family code 3118 -

In any contested proceeding involving child custody or visitation rights where the court has appointed a child custody evaluator, and the Courts determine that there are serious allegations of child sexual abuse, the courts shall require an evaluation pursuant to this section.

Juvenile Court Records

  

Family Code 3118: the evaluator has access to all Juvenile Court records Records remain confidential Evaluator can review and summarize the CPS file, but not reveal the identity of reporting party Notes that summarize child welfare information stored in a separate file. Only released by court order Depending on local policies, CPS workers cannot be compelled to testify

Typical Scenarios for Disclosure of Sexual Abuse

  

Frequently reported by child to a parent (e.g., Daddy hurt my pee pee) Sometimes surfaces to teachers and counselors Can be suspected because mimicked sexual behavior or inappropriate sexual play with peers The above can also be the format for disclosure of false allegations.

Typical Scenarios for Disclosure of Sexual Abuse

    

Can be disclosed to a sibling Sometimes observed by a parent or sibling Physical symptoms can lead to inquiry (e.g., vaginal redness or anal bleeding) Behavioral or mood changes / resistance to visitation All the above can also be the format for disclosure of false allegations

Reporting Process


  

If made to a mandated reporter, including ER physician, filing at CPS is required CPS and law enforcement can request an evidentiary examination Evidentiary examination at a Center for Child Protection (San Diego) Includes a videotaped interview with a social worker

Reporting Process


  

Evidentiary medical examination with a specially trained physician involves using a colpascope Yields a written report and videotape available only through CPS Criminal investigation records may also be available CPS and criminal records generally not released except by Court order

Clinical Evaluations of Sexual Abuse Allegations



 

Child sexual abuse assessment often done as part of therapy Separate custody evaluation containing a child sexual abuses assessment The Court can order either Typically emerges that a parent believes something terribly wrong happened and wants visitation suspended

Clinical Evaluation of Sexual Abuse Allegations



Letters from a therapist may have been sent to the Court recommending supervision or suspension of visitation CPS / Police may have advised the parent to seek intervention through the family courts CPS may have threatened the parent to have Family Courts protect the child or else the child may be removed from that caretaker The child may have been interviewed multiple times before meeting the evaluator

Caveats


The child responses are affected by the number of times questioned (Summit, 1983, who
proposed the Child Abuse Accommodation Syndrome )

The younger the child, the less reliable the report (Ceci and Bruck, 1995) Also, the most accurate data is obtained when the evaluator considers multiple hypotheses to explain the events
(Ceci and Bruck, 1995)

A therapist who believes the abuse occurred can influence or confound a childs report

Caveats
Use of anatomical dolls is controversial APAs Anatomical Doll Working Group (1995) supports use for children 5 or older Ceci and Bruck (1995) conclude there is no evidence to support the clinical forensic diagnosis of abuse made primarily on the basis of a very young childs interaction with anatomical dolls.

Caveats
They also believe dolls can lead to false judgments Stahl (1999) recommends use dolls only to demonstrate what happened after verbal disclosure Sattler (1998) believes dolls are useful as an interview aid but not as a basis for diagnostic decisions and may induce false memories

False Memory Syndrome

McMartin Preschool Trial placed this issue in the public eye Gardner (1987, 1992, 1995) believes the Parental Alienation Syndrome (PAS) is responsible for many fabricated allegations of sexual abuse PAS is not a diagnosis and has never been established as a syndrome

False Memory Syndrome

Wood (1994) criticizes PAS as having a dangerous aura of reliability Interviewer bias: children exposed to reported misinformation can not only incorporate the misinformation into their reports but can make other inaccurate claims (Ceci and Bruck, 1998) Chances for misinformation can increase with the number of forensic interviews conducted

Suggestibility of Childrens Reports

Memory involves three steps: Encoding trace or experience become a memory Storage encoded events enter short term storage Retrieval - remembering

Suggestibility of Childrens Reports

Not all memories are retrievable Decay of original memories make them harder to retrieve When interviewer provides cues that may reinstate the encoding content, accuracy of recall improves (Ceci and Bruck, 1995)

Suggestibility
The extent individuals accept or incorporate past-event information into pasttheir memory recollections (Ceci and Bruck, 1995) Interviewer / evaluator or therapist can introduce past event information

Medical Evidence
Where there is a true finding, there is less to verify by interview Frequently, the following is not easily verifiable by a medical exam:
  

Fondling Oral copulation Exhibitionism

Often findings are inconclusive but that doesnt mean molest did not occur

Medical Evidence
Scarring, anal fissures, and the passage of time can make definitive medical diagnosis more difficult CPS conclusion can be
  

Substantiated (true finding) Unsubstantiated Unfounded

Most allegations are unsubstantiated

Assessment of Sexual Abuse

Assessment of Perpetrators
Custody Evaluation focus is on the victims (children) not the perpetrator Consider sending a parent for an assessment by a professional specializing in sexual abuse perpetrators (e.g., plethymograph often used) Special assessments are not conclusive only give estimate of risks, if done properly

Assessment of Perpetrators
Assessments can indicate a parents sexual interests (i.e., rule out interest in children) Where a parent refuses a special assessment, it may indicate defensiveness about sexual issues

Assessment of Perpetrators
Consider involving the attorneys or the Courts for the request for special assessments Psychological testing:
   

MMPIMMPI-II Millon - 3 Projectives Other instruments

Characteristics of Perpetrators
No single profile Most often male and a family member Pedophile vs. molester: whats the difference? Can be the guy next door (e.g., married, church going, boy scout leader) Can be same sexed interest or opposite

Characteristics of Perpetrators
History of sexual practices, unusual offenses and or interest in child pornography can be red flags History of being molested increases the risks of repeating the pattern Most perpetrators do not murder their victims Must consider the possibility perpetrator is not a family member

Interviewing Children
Begin with open ended questions Children provide more information in response to specific questions, but the margin for error is higher (Bruck, 1998) Older children are more accurate in response to specific and or leading questions

Interviewing Children
All data may not be provided in one interview But leading, repetitive questioning may taint the process. (Stahl, 1999) Children are most accurate when interviewed by a neutral evaluator who asks few leading questions

Interviewing Children
Interviewers who are biased or believe an allegation is either true or false may omit questions to obtain support for their position
(Bruck, 1998)

In general, the younger the child the more difficult to sort facts due to the limits of cognitive ability and language (Stahl, 1999) Alienated children may split, projecting negative feelings onto an estranged parent

Case Example 4: Poole



Nick (age: 7) tells mother his Dads girlfriend Diane pinched his peepee during a visit Mother takes Nick to pediatrician who observes redness and files with CPS Dad has no contact, per Ex Parte order of the Court. He denies molest ever happened Dad feels mother coached child and files for primary custody

Techniques for Interviewing Child



Stahl (1999) recommends 5 to 8 sessions and at least one child observation with each parent Assess:
   

Developmental issues Ask the child to name body parts Good, bad and confusing touches By using timelines, projective drawings and or using a doll house to walk child through a day at home Secrets: if a child refuses to talk give them permission not to, then ask what would happen to child if he/she disclosed Consider learning disabilities, if present Consistency of information from child with collaterals (CPS, police, etc.)

 

Parent Child Observations

 

Always ask childs permission first If there is supervision, arrange for the child to come and leave separately Tell the parent not to bring birthday presents, toys, etc. Initial reaction of the child is important

Parent Child Observations



Traumatic Bonding concept applies (from Domestic Violence literature) Observe:

   

Parents sensitivity to the child Appropriateness of their interactions Limits set, if necessary Whether a parent tends to ask intrusive questions

Intervene to protect the child

Parent Child Observations



Acceptable for parents to express emotions (e.g., tears for missed child) Unacceptable for parent to cross examine a child (e.g., What did your mother tell you?) Can have several sessions, especially if the child is very young or extremely resistant

The Acid Test:

Determining Childrens Veracity


Children in custody conflicts are not likely to report false allegations Therapists can influence a childs report
(Ceci and Bruck, 1995)

The Acid Test:

Determining Childrens Veracity


Possible reasons for false reporting

    

(Stahl, 1999):

The adolescent who acts out of revenge The child who wants to please an adult Repeated interviews Pressure from parents Heightened sexual stimulation can lead to behaviors that point to abuse Young children may fear misreporting who is responsible for abuse because of fear of retaliation

There is no fool-proof test. Objective, projective fooltests and clinical interviews are all fallible.

Context of Abuse


Determining veracity involves understanding the context in which abuse occurs (Stahl, 1999) Stranger molestation is opportunistic where perpetrator seeks gratification at random Family molestation:
   

Grooming by the perpetrator A special relationship Continuing a cycle of family dysfunction Also can be for sexual gratification combined with the above issues

Coaching


4 year old Herbie: My Dad needs supervised visitation. He does. What does that mean? I dont know but he needs it. When coached, children sometimes have few words to describe the incident as they have no real knowledge Advanced sentence structure and vocabulary are often red flags. Signed statements by children are always suspect

Coaching


Coached children repeat the same phrases and often use I dont know when a different type of question is posed Children should be asked the taste, smell, feel of the experience to rule out pornography as an explanation for precocious sexual knowledge Therapist information can help or confound the veracity Sometimes it is not possible to rule out abuse or determine what happened. This needs to be stated as a limitation of your evaluation.

Case Example 5: Franks



Father perpetrated domestic violence against mother; he served time in jail Mother had drug problem, after which Father has custody of daughter (age: 7) and his brother (age 10) Mother went to rehab and now wants children back. Claims alienation During evaluation daughter is diagnosed with inoperable, terminal brain tumor

Case Example 5: Franks



 

She then discloses sexual abuse by father, occurring several years ago Abuse is verified by CPS and law enforcement Mother wants daughter to have no contact with father, even with child dying Dad says mother coached child as daughter is losing cognitive functioning Judge asks for interim decision What do you recommend?

Recommendations: (Applies to
Domestic Violence and Sexual Abuse Cases)


Focus on protecting the child and increasing contact/ normalizing visitation as the child is comfortable (Family Code 3011) Recommendations should address the major assessment questions, including sexual abuse / domestic violence. Take alternative hypotheses and discuss why they may or may not fit the data It is possible to render opinions contrary to CPS / Law enforcement, or Court mediators as long as they are supported by sound clinical evidence

Recommendations: (Applies to
Domestic Violence and Sexual Abuse Cases)


Never guess (e.g., the undersigned suspect what occurred was ) Be prepared to send the report to the Court for In Camera review if sensitive information cannot be held confidential Suggest specialized sexual evaluation of a perpetrator if needed. Recommend Guardian Ad Litem if children cannot be protected from home

Therapy


Children should be in treatment, the sooner the better If there is an existing therapist they can continue as long as they are not biased Can consider recommending a new neutral therapist as long as a change can be justified Reunification therapy is usually separate from individual therapy

Therapy


Reunification therapy hinges on perpetrators taking responsibility via their their psychological treatment Treatment of perpetrators can be successful if they are not pedophiles Goal is to protect the child and preserve his/her relationship with the parent, if possible. But if a parent does not take responsibility, the latter goal may be extremely difficult

Visitation / Custody
 

 

Supervision is frequently necessary How often and how much depends upon the childs emotional comfort level and developmental age Older children's feelings must be respected Telescoping schedules can be helpful, self efficating with passage of time

Visitation / Custody


Unsupervised contact should be contingent both on childs comfort level and perpetrator's progress in treatment Review in six months one year can be recommended Some parent-child bonds are permanently injured parentand no contact is the next recommendation

Conclusion
   

Put childrens needs first Use due diligence in your assessment Dont hesitate to request special assessments Follow ethical and court guidelines