Three Years After the Verdict

A Study of the Social and Psychological Adjustment of Child Witnesses Referred to the Child Witness Project

September 1993

This research was funded by the Family Violence Prevention Division of Health Canada under the Family Violence Initiative (FVDS #4887-06-91-026).

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PART I

1. Introduction

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• Background

  • Bill C-15 (1988)

  • Bill C-127 (1983)

• The Child Witness Project Evaluation

• Rationale for the Present Study

  • Literature Review

  • The Present Study

  • Theoretical Framework

2. Methodology and Procedures

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• Research Questions

  • Sources of Existing Data

• Follow-up Interview Protocol

  • Interview Format

  • Areas Addressed in the Interview

  • Psychological Testing

  • Limitations of the Testing

  • Clinical Judgment Rating Scale

  • Stress Index

  • Parental Reaction to Abuse Disclosure Scale

• Ethical Safeguards

  • Assessment of the Risk of the Interview

  • Benefits for the Participants

  • Informed Consent

  • Voluntary Participation

  • Confidentiality and Privacy

  • Debriefing and Referral

  • Follow-up

• Coding and Reliability

3. The Child Witnesses

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• Background Data

  • Demographic Data

  • Characteristics of the Sexual Abuse

  • Discovery of the Abuse by Authorities

  • Psychological Adjustment at Intake

• Court Process

  • Court Outcome

  • Sentencing

  • Appeals

  • Parole

4. The Follow-up Sample

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• Finding the Children

  • Securing Participation

  • Response Rate

• Sample Bias and Limitations

  • Case Attrition

  • Volunteer Bias

  • Responders vs. Non-Responders

  • Follow-up Interval

  • Generalizability Beyond London

PART II

5. Disclosure and Aftermath

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• The Disclosure Process

  • Recognizing the Behaviour as Wrong

  • Overcoming Inhibitions

  • Deciding When to Tell

  • Deciding Who to Tell

  • Official Response to Disclosure

• Children's Memories of Disclosure

  • Timing of Disclosures

  • Reasons for Delaying Disclosure

  • Triggers and Motivations for Disclosures After Initial Delay

  • Children's Recollection of Immediate Parental Reaction

  • Parents' Recollection of Reaction to Abuse Disclosure

• Initiation of Police and Agency Involvement

  • Opinions of Police Involvement and Charging

  • Knowledge of Police Involvement at Time of Disclosure

  • Perceived Benefits of Laying Charges

  • Ratings of Police Interaction with the Children

  • Role of the Children's Aid Society

• Parental Reaction to Disclosure and Aftermath

  • Factors Associated with Maternal Support

• Summary

6. Waiting for Court

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• Stressors During Wait for Court

  • System Stressors

  • On-Going Family Stressors

  • School Stressors

  • Pre-Court Contact with the Accused Abuser

  • Pressure Not to Testify

• Available Support System Before Court

  • Family Support Network

  • Professional Support

• Summary

7. Going to the Courthouse

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• The Day of Court

  • At the Courthouse

  • Coping with Adjournments

  • Reactions to Not Testifying

• Testifying

  • Children's Recollections of Testifying

  • Attitudes Toward the Presiding Judge

  • Attitudes Toward the Defence and Crown Attorneys

  • Parental Observation of Child Testimony

• Child Suggestions for Improvements to the System

  • Testimonial Aids

• Trial Outcome

  • Reactions to Guilty Verdicts

  • Reactions to Acquittals

  • Attribution for Acquittals

  • Regrets Over Pursuing the Prosecution

  • The Immediate Aftermath of Acquittals

  • Role of Child Protection Agencies After Acquittals

• Sentencing

  • Victim Input into Sentencing

  • Opinions of Sentence

  • Hypothetical Sentences

  • Sentencing Rationales

  • Parental View of Sentences

• Summary

PART III

8. Life Since Court

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• Family Changes

  • Family Characteristics and Changes

  • Disclosure-Related Changes in Contact with Mothers

  • Post-Court Contact with Father-Figure Accuseds

  • Consequences for Non-Abused Siblings

  • Contact with Grandparents

• Residential Situation and Changes

• Schooling

  • Early School Leaving

  • Changes in Social Interaction

  • Changes in School Performance

• Stressful Life Events

  • Involvement with Youth Courts

  • Child Bearing by Child Witnesses

  • Revictimization

  • Post-Court Contact with the Child Welfare System

• Professional Intervention

  • Abuse-Related Counselling

  • Criminal Injuries Compensation

  • Paroling Authorities

• Post-Court Contact with Defendants

  • Unwanted Contact

  • Contact During Incarceration

  • On-Going Fears of Contact by the Abuser

• Summary

9. Children's Overall Reflections

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• Overall Rationale for Court Involvement

• Willingness to Reinvolve the Justice System

  • Correlates of Child Willingness to Call Police if Revictimized

  • Actual Response to Subsequent Victimization

  • Subsequent Experiences as Witnesses in Court

• Retrospective Modifications

• Long-Term Impact of Prosecution on Children

  • Parental Assessment of Advantages and Disadvantages

  • Children's Assessment of Impact of Prosecution

• Summary

10. Psychological Adjustment

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NB: The chapter was written by Louise Sas.

• Clinical Findings

  • Overall Presence of Symptoms on Self-Report Measures

  • Presence of Post-Traumatic Stress

  • Parent Reports of Internalizing and Externalizing Behaviours

• Clinical Ratings of Adjustment at Follow-up

  • Psychometric Properties of the Clinical Rating Scale

  • Concurrent Validity

  • Ratings on the Clinical Judgment Rating Scale

• Prediction Model

  • Child Characteristics

  • Abuse Characteristics

  • Criminal Justice System Characteristics

  • Moderator Variables

  • Testing the Regression Model

  • Predicting Future Prognosis

PART IV

11. Discussion

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• Can we Lay to Rest the Damaging Myth About Delayed Disclosure?

• Who Provided Support for Child Victims of Sexual Abuse Following Disclosure?

• Is There a Long-Term Impact of Testifying in Court?

• How Can We Identify Those Children Most in Need of Professional Intervention?

• Are All Type of Child Sexual Abuse Cases Served Equally by the Criminal Justice System?

• What is the Connection Between Childhood Sexual Victimization and Exposure to Family Violence?

• Future Directions

12. Implications of Findings

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• Current Operation of the Child Witness Project (1991 and 1992)

  • Demographic Data on Child Victims

  • Abuser-Victim Relationship

  • Abuser Characteristics

  • Abuse Characteristics

  • Court Experiences

  • Court Outcomes

• Impact of Federal Law Reform

  • Consent no Defence

  • Sexual Interference, Invitation, and Sexual Exploitation

  • Exposure

  • Testimonial Aids: Screen and Closed-Circuit Television

  • Video-Taped Evidence

  • Canada Evidence Acts Amendments

• Recommendations for Federal Law Reform

  • Qualification for Testimonial Aids

  • Expanding the Use of Testimonial Aids

  • Hearsay Evidence

  • Use of Hearsay, Depositions and Video-Taped Statements for Preliminary Inquiry

  • Expedited Hearings

  • Support People for Child Witnesses

  • Closed Courts

  • Barring the Accused from Conducting Cross-Examination

  • Gender Bias

• Implementation of Bill C-15

  • Availability of Closed-Circuit Television Systems

  • A Dedicated Children's Court

  • Training for Criminal Justice Personnel

  • Pre-Court Services for Children

  • After-Court Services

  • Emphasis on Prevention