The Context of Child Sexual OffensesPaula Early Adams, Ph.D. |
IntroductionMental health professionals, child protective services, and law enforcement investigators have much to offer each other in better understanding Child Sexual Abuse (CSA), a criminal act that has far-reaching consequences for victim(s), offender(s), and other family members. What can be learned from examining the context in which CSA crimes occur that better prepares both investigators and therapists to do their jobs more effectively? The Crime (and Crime Scene) of Child Sexual AbuseThere is a growing awareness that CSA is a violent crime that directly impacts the well-being of communities in significant ways. However, unlike other violent crimes, analysis of the crime scene of a CSA case often is not routinely done, unless there is obvious physical evidence of sexual abuse present; there are several reasons:
There are several important reasons why the expertise and specialized investigative skills afforded other "major" crimes should also be utilized in CSA cases. It is suggested that law enforcement should routinely consider conducting a crime scene investigation as a matter of course in CSA cases. Both legal and psychodynamic factors may be intertwined in necessitating a thorough investigation of the site where the sexual abuse took place:
Law enforcement professionals are trained to investigate crimes, with respect to providing evidence in a court of law that may be used to prosecute alleged offenders. Although certain kinds of physical evidence are not always available in all cases of sexual abuse, sometimes physical evidence is available that the victim may not even describe. Victims may fail to volunteer information about important evidence for several reasons:
Timing is often very important to the process of obtaining physical evidence. When physical evidence is available, it should be obtained quickly. Evidence may deteriorate over time, depending on the kind of evidence and the physical environment. In addition, the possibility exists that the offender may try to dispose of the evidence as soon as he/she discovers that an investigation is in progress. At other times, direct physical evidence such as blood or semen may not be available, but pictures of the crime scene can help to corroborate parts of a child's story that make the rest of the story more believable. For example, a child claims he/she was molested by a neighbor in his home, but the perpetrator claims the child was never even at his home. Pictures of the interior of the home that match the child's description of specific furniture, pictures, and other noteworthy objects can place the child at the scene. This raises the child's credibility to the jury and increases the jury's skepticism about the honesty of the defendant's denials. Finally, there is still a lot that is unknown about sexually abusive behavior. Even after a well-conducted interview of the child has taken place, information from the crime scene has the potential to enlarge the knowledge base about sex offenders in general as well as about the particular offender identified. For all of these reasons, law enforcement personnel should consider a crime scene analysis as a routine part of their investigation of CSA cases. The Victim's AccountA CSA investigation is usually initiated following a disclosure by the victim. Although this certainly seems to be an obvious fact, the interview of the offender should be based, in part, on the victim's account. This requires a response on the part of law enforcement and child protective services that is both timely and collaborative. The victim's account of the abuse is critical in both interviewing the alleged offender as well as focusing on the crime scene investigation. Other sections of this web site offer a detailed review of important factors involved in victim interview issues (see especially sections by Connie Carnes and Ethel Amacher). Although it is most useful to investigate the crime scene soon after the abuse has occurred, there are several reasons why visiting the scene of the crime should always be considered, even later. Even though a period of time may have passed, certain details of the location may still be as they were when the abuse occurred. Knowing that an investigation is occuring at the location of the abuse may encourage an offender to admit to the abuse out of fear of discovery of other criminal acts not yet disclosed. Depending on the circumstances, evidence of abuse to additional victims may be obtained at the crime scene as well. The most common form this evidence will take involves; pictures, movies, videotape, and digital computer images. However, in some cases, written notes and other documentation by the offender may be found. The following are two examples of such evidence. One offender molested his daughter for several years and kept meticulous notes every 3 months of his child's physical development, along with nude pictures, so that he could enjoy reliving the memories of the offenses and fantasies about his child whenever he wanted to. Needless to say, obtaining these pictures and documents made successful prosecution of this case a foregone conclusion. In another case, the same aged girlfriend of a female victim kept a diary that included descriptions of the abuse by the adult offender and his adult brother when the girlfriend had verbally denied everything because of a "secrecy pact" with the offenders. Such evidence is invaluable to the entire efforts of investigation and eventual prosecution. The Family AssessmentAssessment of the family environment is another critical element in the assessment of sexual offenders. Understanding the specific family issues may guide investigators in deciding what to look for as physical evidence and what else to ask about that could lead to more, previously undisclosed, evidence. Information and reactions from the non-offending guardian are often of great clinical and forensic significance. For a detailed description of dealing with non-offending guardians, please also see the web site section by Dr. Nancy Aldridge. Through both interview and self-report measures, factors regarding such family system issues as physical and interpersonal boundaries, balance of power, routine and safety concerns, and communication patterns can be very fruitful issues to explore. Known sexual behavior patterns of the perpetrator, family members' involvement with the legal system, substance abuse issues, and information about family violence are also very important to learn. Even assessment of stressors to the perpetrator such as poverty, death of a family member, and unemployment are all factors which may prove useful in developing a better understanding of the context in which the sexual abuse occurred. Contextual Characteristics of OffendersWhile it is always possible that a unique factor will be important in the context of a particular CSA case, certain factors about CSA offenders are more likely to be enlightening than others. Certain factors have been determined in research findings to generally correlate with those persons who sexually abuse children. The list is a long one because not all offenders are alike, and there is no such thing as a valid single profile of a sex offender. However, certain factors may prove to be especially useful to focus on. The following factors about offenders are listed as possible correlates to consider. However, it must be clarified that NONE of these factors can be considered a guarantee of proof of a specific sexual offense of a specific child:
Some of these factors are self-explanatory, but others are more complex and require further explanation. Low victim empathy refers to how an offender may show little interest in the issues of the child's welfare. Empathy is the ability to relate to how another person feels in a certain situation. Imagine that a CSA allegation arises, and the alleged perpetrator simultaneously is told that the 14-year-old alleged victim became depressed and took an overdose, was taken to the ER in a comatose state, and had her stomach pumped. When the doctor asked what precipitated the overdose, the teen wept and disclosed an allegation of sexual abuse by the alleged perpetrator. Upon hearing this news, the alleged perpetrator immediately castigates the youth's character for being dishonest and manipulative, and asks no questions about the child's medical or mental health status. What is peculiar about that reaction? There is no expression of thought or concern for the youth who just nearly died! Another example could be a youth minister who is accused of fondling one of the 6th graders in his charge. When confronted with this allegation, the youth leader immediately describes a belief about the increasing level of dishonesty, manipulation, and sinful nature of today's youth as exemplified by this monstrous lie. What is missing? What about the concern the youth minister should have for this preteen and what happened to make that youth make a statement which was sure to result in further stresses no matter what the outcome? Lack of empathy in adults is associated with many interpersonal problems and is often found in persons who commit significant crimes. A sexual offense may be one of those crimes. To borrow one comment made by a psychologist about parenting, "It's not so remarkable that parents sometimes (physically) abuse their children. Most parents get so angry they have fleeting thoughts of violence. What is more remarkable is how empathy usually works to prevent abuse in most parents by having the parent repelled at their thoughts when imagining the harm it would cause someone they love." Cognitive Distortions represent definite "Red Flags" for an investigator of alleged CSA. But what IS a cognitive distortion? This term is short for a variety of different thoughts and statements that assist an offender in pursuing a negative behavior without feeling badly about it. Cognitive distortions come in many forms, but once an investigator or clinician clearly gets the concept, the examples tend to be very noticeable. Some cognitive distortions are ways to excuse the behavior. "I couldn't really help it because I was drunk that night," or "Maybe I touched her in my sleep. I don't know because I was dreaming about my wife." Cognitive distortions can also reduce an offender's inhibitions about committing the offense. "I wasn't going to do anything, but you could tell she wanted it," or "I'm a man with normal appetites, my wife should not be leaving these girls for me to take care of all alone." Cognitive distortions come in many forms, but all of them allow the offender to reduce his/her sense of being a bad person while hopefully fooling others into not holding them responsible for reprehensible behavior. However, many times the offender will not verbalize the cognitive distortions of the offense itself because he knows he will still be held accountable. Instead, the investigator needs to listen carefully for distorted interpersonal thinking about other subjects the offender thinks are safe to discuss. Sometimes, investigators can follow an offender's thought patterns and acquire confessions simply by letting the offender know they are understood in a non-judgmental manner. For example, if an investigator hears an offender describe most children as precociously sexual, one approach is to agree with the concept or indicate that the victim did indeed seem very attractive. This taps into the offender's need to be given an excuse. Some gifted investigators are able to use this approach to get a high percentage of offenders to confess while feeling that they have been respected and understood by the investigator for their distorted perceptions and behavior. Likewise, changes and reductions in cognitive distortions are very important
to clinicians as benchmarks of progress in the treatment process. One
offender started treatment by saying, "When I had sex with my daughter,
I never threatened her and I never forced her because that would be wrong." A Deviant Arousal Pattern is another factor needing further explanation. All persons who are capable of a sexual reaction have certain situations that they find arousing and others thing that are not arousing. One of the difficulties jury members may have in imagining a CSA crime is trying to imagine how a grown adult could find a small child sexually arousing. Yet most CSA crimes do involve the offender's sexual arousal to the child. Occasionally, individuals will either admit to a sexual attraction to a child or will agree to participate in testing of arousal patterns that reveal sexual attraction to children. One of the common tests used involves an instrument known as a plethysmograph, or "phallometric assessment", which measures penile circumference while the individual is shown various pictures. Penile tumescence to specific subjects tends to be a reliable measure of an arousal pattern. A Deviant Arousal Pattern would be one involving arousal to inappropriate sexual thoughts/images, such as a violent rape, or an inappropriate object, such as a child or an animal. Several years ago, plethysmograph testing became so promising that it was assumed that anyone with a deviant arousal pattern toward children was therefore a child molester. Subsequent research has shown this is not so simple, and that plethysmograph data should not be used to argue in court that a person is a child molester. What such data does not take into account is the decision by the individual to suppress or to act out his/her fantasies. Nonetheless, any findings of deviant arousal in an individual accused of child molestation should raise significant Red Flags and might prompt inquiries as to what other children the individual had frequent contact with. The inclusion of social skills deficits as a possible Red Flag also bears clarification. If an individual is so lacking in social skills that no peers would voluntarily form close relationships with the individual, a risk factor is established in which a person's interpersonal needs for intimacy and affiliation are not being met by peers. Since younger children do not require sophisticated social skills to befriend, a person's interpersonal world becomes limited to relationships with children. Most people are now aware that a very socially immature individual who seems to love the company of children may require further scrutiny. Interpersonal dependence is a concept that is closely related to social skill deficits. Dependent adults learn to form relationships with other adults, but in a position of dependence on and compliance with the other adults. Such individuals may have CSA potential due to an overlapping lack of skills within their relationships, or they may be at risk of failing to protect children from more predatory individuals on whom they depend. Likewise, persons who intend to victimize others will sometimes seek out interpersonally dependent partners so that they will find it easier to control others and participate in exploitive behavior without being confronted by their partners. Abuse of alcohol or drugs is a Red Flag of which most investigators are already aware. However, it is important to differentiate between a factor which may be "correlate" and a factor which is a "cause". Be aware that an offender may agree he was drunk when a CSA crime occurred because he intends to use his inebriated state as an excuse for the behavior. This tactic is unlikely to be successful since a crime committed "under the influence" does not reduce a person's legal responsibility. Imagine a driver who caused a fatal accident by driving on the wrong side of the road arguing, "But your honor, I couldn't help it because I was drunk!" Think instead of alcohol and drugs as being used to reduce the internal inhibitions that an offender may have about molesting a child. David Finkelhor (1984) suggested years ago that a sexual offense depends upon 4 primary factors:
Motivation, of course, refers to the offender's wish to molest a child. This is the deviant arousal pattern. Internal inhibitors include such things as a sense of taboo or guilt about committing a child sexual offense, or perhaps a belief that one would be caught and punished and censured. These inhibitors would be reduced by such things as a lack of victim empathy, a belief in being more clever than investigators, or a reduction in the sense of guilt or taboo, etc. External inhibitors include the level of supervision of the child, laws that include punishment for offenses, lack of access to the child, etc. Resistance has to do with the way the child reacts when the offender attempts to start making sexual advances. An offender who uses alcohol or drugs is often attempting to reduce internal inhibitors by reducing a sense of victim empathy and the sense of guilt or fear regarding thoughts about the offense. Thus, the abuse of a substance often relates to an offender's strategy to reach the goal ("Motivation") of offending, rather than actually causing the offense. Occasionally, substance abuse increases the probability of abuse unintentionally, but it should never be thought of as an excuse. Alcoholism sometimes leads to indiscriminate sexual liaisons with various adults as well as CSA crimes. Cocaine products may cause a euphoria that includes heightened sexual arousal. Even in cases in which the substance seems to have a more direct result of the CSA crime, it is never an excuse. In addition, ask if the offender committed the offense only once when under the influence and was very remorseful and stopped. If not, then the use of the substance again takes the form of a means to an end--the molestation of the child. Substance abuse may often be correlated to CSA, but it is never the entire cause. Some CSA offenders have a pattern of associating sexual acts with a reduction of negative thoughts or emotions. What thoughts or feelings would most likely precede such a response? Typically, such a pattern would include negative emotions of anxiety or anger. Anxiety-based emotions could include such things as fear of rejection or criticism. Sexual acts with a child may temporarily eliminate such fears, and the combination of sexual arousal and relief from anxiety strongly reinforce the offensive behaviors chosen. One offender eventually was able to recognize that his sexual interest in children was related to a history of unsuccessful attempts to establish romantic relationships with adults, so he chose a child, who would not be critical of the lack of subtle social skills the offender lacked with peers. Anger-based issues might include a perception of the child as dear to the object of one's anger and thus a target for retribution. One offender actually acknowledged in a therapy session that he molested his own 3-year-old daughter because he was furious at the child's mother for rejecting him again, and he wanted to hurt the mother in as personal a way as possible. Domestic Violence Issues in Child Sexual Abuse CasesIssues related to child abuse and domestic violence (DV) have similar roots and similar themes. Yet the research and funding sources have historically taken somewhat different tracks. It is important that professionals working in these two areas be clear about the areas of overlap and benefit from the knowledge base in both fields regarding that overlap. It is not simply of philosophical interest that we should care about these two forms of victimization. In fact, domestic violence occurs in more cases of child sexual abuse (CSA) than in the public at random. Naturally, the overlap between DV issues andphysical and emotional abuse is also very strong. Likewise, the disruptive effects of ineffective intervention in DV cases are clearly a factor motivating more efficient procedures and laws, just as the disruption of ineffective intervention in a CSA case with a controlling, bullying alleged offender can be a strong reason to become more proficient for very parallel reasons. What CSA investigators and treatment providers need to know about DV issues:
A Protective Order is one way an adult victim of DV can be protected from a perpetrator of DV. See O.C.G.A. '16-5-94 on the web site: http://www.state.ga.us/services/ocode/ocgsearch.htm At The 7th Annual Statewide Conference of The Georgia Commission on Family Violence in November 2000, Barbara J. Hart delivered a keynote address and subsequent training on some of the legal issues affecting battered adults and their children. Ms. Hart is the Legal Director of the Pennsylvania Coalition Against Domestic Violence and Legal Consultant to the National Resource Center on Domestic Violence. She indicated that studies on the patterns found in children of DV include the following 5 most common experiences:
Thus, children of DV sometimes face the dual problems of violence and sexual abuse. From the standpoint of an investigation of alleged CSA, investigators should be mindful of additional complications when the investigation indicates a pattern of DV. The investigators of combined CSA/DV cases should pay special attention to the following issues:
Habitual use of pornography may be another contextual dynamic in CSA cases. However, simply identifying the presence of pornography may or may not be meaningful. As with many factors, pornography does not seem to automatically be associated with CSA behaviors. However, habitual use of pornography tends to suggest a pattern of thinking about sex in an "objectified" manner rather than in a loving manner. Investigators may want to consider the following issues when considering the use of pornography and CSA crimes:
Attachment problems may also suggest risk factors for alleged perpetrators. Currently, the only clinical diagnostic category related to this is Reactive Attachment Disorder of Childhood (or Adolescence). We know that RAD children have many problems emotionally and behaviorally which are very resistant to change. However, recent research of known sex offenders suggests that these adults may also frequently have some characteristics reflecting difficulties with attachment from both childhood experiences and their current adult relationships. This research may be too new to be considered comprehensive and clear as yet. However, attachment problems in CSA offenders may show up in interpersonal relationships that are characterized by one or more of the following patterns:
Weak or absent interpersonal boundaries are often seen in families of incest. But what is a "boundary"? This term comes from the language of systems theory in Marriage and Family Therapy and refers to both physical and psychological barriers of separation. Families with problems usually have either rigid or weak boundaries. Families with CSA problems tend to have weak or absent boundaries. Look for whether appropriate boundaries exist or not in the family in question in such things as:
"Criminal Personality" characteristics are seen in some (but not all) CSA offenders. This concept has been best elaborated by Dr. Stanton Samenow (Yochelson & Samenow, 1976; Samenow, 1984 & 1998). Samenow uses this term to describe individuals whose entire lifestyle is preoccupied with violating rules and seeking to successfully do things that are forbidden. CSA offenders with this pattern will have many, many crimes they are responsible for, but for which they have often not been caught. An offender with a criminal personality gets as much thrill out of fooling everyone by perpetrating the child without getting caught as they do in the actual sex act. It is very likely that such offenders will also have exploited others and broken many other laws. A recent case involving such an offender serves as an illustration. A 13-year-old girl was seduced by her aunt's 27-year-old husband while the aunt and mother had no idea what was going on. The perpetrator involved the victim in a "pact of secrecy" as a measure of her "love and loyalty". One day, the mother correctly suspected her daughter of experimenting with marijuana. In truth, the offender had supplied pot to the girl to entrap her in wrong-doing and to lower her inhibitions. Instead of becoming quiet when the subject of the mother's concerns came up, the offender offered to call a friend who trained "drug dogs" and suggested that the friend could bring the dog to the girl's school to sniff around her locker. When the girl finally disclosed what had really happened, the mother was astounded that the offender had been so brazen, but in fact this added to the offender's thrill of fooling people. Offenders with criminal personalities do not usually fit the description of a pedophile or a person with a primary sexual orientation toward prepubescent children. This is because offenders with criminal personalities usually have a broader range of interests involving exploitation and victimization of others. Such a person may molest a 5-year-old, then seduce a 16-year-old, then rape and beat a 30-year-old. Generally, the developmental level of the victim is less important to the individual than figuring out how to succeed with the crime and outwit those who would deter or try to punish the offender. Consider all these different factors when conducting CSA investigations. Consider reading more on the subjects listed in the references below, and consider open discussions and cross-training between mental health professionals, child protective caseworkers, and law enforcement officers. Participate in Multi-Disciplinary Teams and consider the training needed as an ever-evolving issue. It is through these truly collaborative efforts that we can best understand the complex web of factors which can make us more and more effective in what we do. 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