8/25/2013 Chapter Objectives Heavy Hands CHAPTER 5 Investigating Child Abuse Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Initial Investigation • Social service agencies make determinations regarding the safety of the child in the home. • Police officers must determine if probable cause exists to believe a crime has been committed and to identify the offender for possible prosecution. • The criminal investigator must document any injuries and collect evidence substantiating the maltreatment. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Introduction to Physical Abuse • The recognition of abuse and collection of substantiating evidence becomes extremely important in abuse cases. • Any reports and other documentation generated may become the focus of the court if prosecution proceeds. • This history should be collected before the victim is interviewed and then compared with the explanations. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved • Discuss the significance of injury location on a child who may or may not have been physically abused. • Describe the significance of pattern injury that may be found in children who have been physically abused. • Explain the criminal act of family abduction. • Describe indicators of child sexual abuse. • Explain the role of police officers in the investigation of child abuse. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Four Critical Steps 1. Go to the Source Collect information and interviews 2. Get Records Prior records 3. Conduct Interview Conduct separate interviews with caretakers 4. Go to the Scene Look to see whether the explanation for the abuse is consistent with the location of the abuse Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Bruises • Any location of injury that the child is incapable of self-inflicting is cause for concern. • When an injury is caused while enforcing p or for the p purpose p of inflicting g injury, j y, it discipline is an example of nonaccidental injury. • If a child is punched, kicked, thrown, or shaken and sustains injury, no matter how slight, the abuser could be held legally responsible regardless of the child’s preexisting medical condition. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 1 8/25/2013 Bruising Patterns of Injury • Age dating of bruises involves noting the color of bruising present on a victim and documenting this information using the following time frame: • Common household items are frequently used as weapons, but the most dangerous weapon remains the hand. • Other objects used to hit a child may leave a distinguishable pattern of bruising bruising, identifiable identifiable, for example, as that caused by a hairbrush, cord, or coat hanger. • Patterns from grabbing, biting, and attempted strangulation can be observed. • As stated earlier, punishment taken too far is at the root of most abuse. Bright red bruises are indicative of an injury 0 t 2 days to d old. ld Bluish or purple bruises are 2 to 5 days old. Green indicates a bruise 5 to 7 days old. Yellow bruises are 7 to 10 days old. Brown bruises are 10 to 14 days old. No evidence of bruising is present after 2 to 4 weeks. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Head Injuries • Infants rarely suffer head injuries that are accidental. • Toddlers just learning to walk present a different picture; they frequently have lumps on their foreheads because of falling. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Burns • Burn injuries account for approximately 6% to 20% of all abuse cases, and severe burns are reported in an estimated 10% of all children suffering physical abuse. • Children under the age of four are at the greatest risk of being burn victims, with boys more likely to incur injury than girls. Toon, M. H., Maybauer, D. M., Arceneaux, L. L., Fraser, J. F., Meyer, W., Runge, A., & Maybauer, M. O. (2011). Children with burn injuries-assessment of trauma, neglect, violence and abuse. Journal of Injury & Violence Research, 3 (2), 98–110. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Family Abduction • Family abduction is the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member that deprives another individual of his or her custody or visitation rights. • The majority of child kidnappings are family kidnappings. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Family Abduction • All states and the District of Columbia have statutes that prohibit parental kidnapping. • In addition, the International Parental Kidnapping Crime Act of 1993 makes it a federal offense for parents to abduct children from the United States and take them to another country. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 2 8/25/2013 Syndromes • Munchausen syndrome by proxy is included here because it involves both physical abuse and medical neglect of a child. • Munchausen syndrome by proxy abuse is characterized by repeated unnecessary medical tests and procedures, which are demanded by a caretaker and cause physical injury to the child. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Syndromes • Shaken baby syndrome (SBS) is the medical term used to describe the violent shaking of a child and the injuries that can result. • It results from the violent shaking of an infant by the shoulders, arms, or legs. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Death Due to Abuse Death Due to Abuse • More children under age four die from child abuse and neglect than from automobile accidents, falls, fires, drowning, suffocation, and choking on food. • An estimated 1,537 children in the United States die of child abuse and neglect each year; this translates to a rate of 2.07 children per 100,000 children in the general population. • Specialized units have been developed for investigating reports of child abuse in the courts, police departments, and social service agencies across the country. Child Welfare Information Gateway. (2012). Child abuse and neglect fatalities 2010: Statistics and interventions. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Death Due to Abuse Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Death Due to Abuse • The killing of a brother or sister is called fratricide. • Filicide is the killing of children by parents; it is a nonlegal term that in some studies may include victims of infanticide. • Rarer than any other family homicide, it occurs in 1.5% of the total criminal deaths in the United States. • Although all murders are tragic, tragic a parent parent’s s killing of a child is a form of abuse that is difficult to understand. • Almost 30% of child abuse or neglect fatalities are perpetrated by the mother acting alone. Cooper, A., & Smith, E. L. (2011). Homicide trends in the United States, 1980–2008: Annual rates for 2009 and 2010. Washington, DC: U.S. Department of Justice. Retrieved from http://bjs.gov/content/pub/pdf/htus8008.pdf Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Child Welfare Information Gateway. (2012). Child abuse and neglect fatalities 2010: Statistics and interventions. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 3 8/25/2013 Child Death Review Teams Child Death Review Teams • Research has shown that as many as 50% of child deaths listed as “undetermined” or “accidents” are actually caused by child abuse. • In 1978, the Los Angeles County Inter-Agency Council on Child Abuse and Neglect (ICAN) formed the first child fatality review team in the United States. • Today, there are child death review teams in all 50 states Australia, states, Australia and Canada. Canada • Death review teams are typically made up of the following representatives: a pediatrician, medical examiner, prosecuting attorney, social worker, mental health professional, police officer, nurse, educator, and paramedic. Hochstadt, N. J. (2006). Child death review teams: A vital component of child protection. Child Welfare, 85, 653–670. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Sexual Abuse Introduction Forms of Sexual Abuse • Child welfare agencies use different levels of legal evidence when making decisions to substantiate child abuse and neglect. • A sexual assault on a child is any forced, exploitive, or coercive sexual contact or experience with a child. Examples are: Some states use preponderance of evidence, which is the highest legal standard. Others use less vigorous standards, including credible evidence, reasonable evidence, probable cause, and other standards. • Child sexual abuse can take place within the family or outside of the family. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Forms of Sexual Abuse Molestation Rape Voyeurism Exhibitionism Pornography Forced prostitution Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Symptoms of Sexual Abuse • Incest refers to any sexual activity between persons who are so closely related that their marriage is illegal (e.g., parents and children, uncles/aunts, and nieces/nephews, etc.). • Sexually abused children may develop behavior changes, such as: • Childhood sibling–sibling incest is also considered to be widespread but rarely reported. • They may develop sleep problems or nightmares, depression, unusual aggressiveness, and suicidal behavior, and may refuse to go to school. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Sexual acting out Excessive masturbation Unusual interest in or avoidance of all things of a sexual nature Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 4 8/25/2013 Symptoms of Sexual Abuse • Sexual and nonsexual trauma to the genital area can result in abrasion, bruising, and laceration. • Sexual abuse may result in a sexually transmitted disease (STD) or pregnancy. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved The Role of Police • The use of police powers in child maltreatment cases has been surrounded with controversy since the earliest attempts at intervention. • By the 1970s, specialized police units were d developed l d tto iinvestigate ti t and d prosecute t physical h i l and sexual abuse of children. • Typically, child protective services (CPS) agencies, law enforcement, physicians, and mental health workers are involved. Risk assessment is always the first priority in any allegation of abuse or neglect of a child. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Interviewing Children • Any interview of a child should be conducted in anticipation of a future legal challenge on competency and credibility. Competency means that a person is fit to stand trial or to take the oath to tell the truth for testimony in court. Credibility refers to whether or not the child witness can be believed. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Sexual Abuse Accommodation Syndrome • Five phases common to the experiences of a child who has been sexually victimized: Secrecy Helplessness Entrapment and accommodation Delayed, conflicted, and unconvincing disclosure Retraction Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Interviewing Children • Considerable research has been conducted on the outcomes of child abuse investigations, resulting in protocols to improve child abuse victim statements. • The Federal Bureau of Investigation (FBI) suggests that for cases involving young children and adolescents, interviewers should receive training in forensic interviewing and use a trained forensic interviewer, multidisciplinary teams, or such resources as child advocacy centers. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved Electronic Recording • This practice is controversial, having advantages and disadvantages. Advantages: It can reduce the number of interviews, has strong visual impact, and has the potential to induce a confession when played for the offenders. Disadvantages: Common problems result from human error and technology failures. Research suggests that the vast majority of children express reluctance to talk about sexual abuse during the first interview, and a portion initially deny that sexual abuse occurred at all. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 5 8/25/2013 Forensic Interviewing • The child forensic interviewer is a specialist trained to use techniques established by childhood development experts to create legal evidence and testimony based on the accounts of a child. • The NICHD interview protocol includes three phases: introductory, rapport-building, and substantive or free recall. • On review of the NICHD protocol, research has suggested that the approach increases the amount and quality of information that is elicited from child victims of abuse and neglect. Heavy Hands: An Introduction to the Crime of Intimate and Family Violence, Fifth Edition, Denise Gosselin Copyright © 2014 by Pearson Education, Inc. All Rights Reserved 6
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