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To assist investigators and prosecutors, APRI's National Center for Prosecution of Child Abuse—the nation's premiere trainer of child abuse prosecutors and investigators—presents the Investigation and Prosecution of Child Abuse, Third Edition. Readers of this manual will receive practical, common sense assistance in handling child abuse cases from the initial report to the closing argument at trial. Appendices on the enclosed CD-ROM include hundreds of sample motions and other legal documents that can be adapted to the jurisdiction of individual readers. Now in its Third Edition, the manual contains the latest in case law and research on nearly every facet of child sexual abuse, physical abuse and neglect. This is the only book on the market specifically geared to investigators and prosecutors called upon to handle abuse cases.
Child sexual abuse prosecutions are often brought about following a delay of some years after the alleged abuse, which can cause a variety of problems for the prosecutions. This work examines the issues associated with these kinds of trials and the response of the criminal justice system to such cases.
This volume provides the first rigorous assessment of the research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these previously unpublished findings gathered from b
Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.
This volume provides the first rigorous assessment of the research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these previously unpublished findings gathered from b
This wide-ranging volume combines the current findings and frontline knowledge working practitioners need to know about forensic interviewing of children in sexual abuse cases. Coverage begins with the basics: legal and ethical principles, interview planning and procedure, psychometric and cultural issues, pitfalls and how to avoid them. Perspectives from a trial lawyer and a district attorney lend real-life details on criminal court procedure, interview procedure, legal standards, and what is expected of expert witnesses. Not only is developmental understanding of salient issues concerning children's competency and suggestibility offered here, but also vital guidance on the controversies surrounding false memories and untrue accusations. Included in the coverage: Working with the multidisciplinary team. Childhood memory: an update from cognitive neuroscience. Disclosure failures: statistics, characteristics, and strategies to address them.Child abusers' threats and grooming techniques. Review of psychometrics of forensic interview protocols with children. Assessing the quality of forensic interviews with child witnesses. Forensic Interviews Regarding Child Sexual Abuse brings a wealth of robust practical information to professionals working with children, including clinical and child psychologists, psychiatrists, and social workers.
This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.
Child sexual abuse (CSA) is an insidious crime that can destroy the lives of innocent children and leave their families devastated. The topic of child sexual abuse is, at best, a difficult subject to discuss and at worst, a horrifying one. Child sexual abuse has been defined as: "Child sexual abuse involves any sexual activity with a child where consent is not or cannot be given. This includes sexual contact that is accomplished by force or threat of force, regardless of the age of the participants, and all sexual contact between an adult and a child, regardless of whether there is deception or the child understands the sexual nature of the activity. Sexual contact between an older and a younger child also can be abusive if there is a significant disparity in age, development, or size, rendering the younger child incapable of giving informed consent. The sexually abusive acts may include sexual penetration, sexual touching, or non-contact sexual acts such as exposure or voyeurism." The following is a representative list of risk factors related specifically to child sexual abuse within youth-serving organizations. Note that the emphasis is on "unsupervised" access to children in a variety of ways. * Unsupervised contact with children * Transportation of children * Long term contact with children in live-in situation * Extreme physical exertion in a remote setting with children * Visit to children's homes * Helping children change clothes, bathe, or with other personal activities * Coaching sports in which physical contact between adult and child is routine * Delivery of meals to children's homes While many of the YSO's have undertaken a number of steps to keep the children safe, there are many such organizations that have not faced the facts about the profound risks to children that exist every day.
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
Child Sexual Abuse: Forensic Issues in Evidence, Impact, and Management covers the issue of child sexual abuse from several viewpoints. The book approaches child abuse from both victimization and offender perspectives, offering applied perspectives from experts and practitioners in the field, including discussions on policing, child safety and intelligence. This is a significant divergence from the literature most commonly provided in the market. Other sections cover psychological, physical abuse, and neglect, protective factors (at individual and community levels), recognition, responses, biopsychosocial outcomes (dealt with in discrete chapters), public policy, prevention, institutional abuse, children and corrections, treatment, management, and much more. - Approaches child sexual abuse from both victimization and offending perspectives - Comprised of both empirical scholarship and applied material from global experts and practitioners - Includes significant advances in areas such as disclosure, the neurological effects of child abuse, neuroplasticity, trafficking, and online and virtual child abuse