Sexual abuse allegations in divorce and custody disputes

Abstract

Child sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.Child sexual abuse allegations arising during a divorce and custody dispute present unusual difficulties. Any professional response to the accusations is complicated by the young age of the children involved, possible motivations of adults, and the need to protect the rights, interests, and welfare of the child and the accused parent. Mantel1 (1 988) observes that child sexual abuse allegations tend to develop a life of their own that resist satisfactory resolution. He suggests that the process of evaluating an accusation may result in more damage to the interests of the child and to the child's primary relationships than the original act in question. The potential consequences to child, parents, family and society are massive, long-lasting, and may be either beneficial or devastating. At all stages of the process accurate and correct decisions are imperative.Mental health professionals and attorneys report seeing more accusations during marital conflict in the past few years although the increase may be no greater than the dramatic increase in sexual allegations in general over the past 10 to 15 years. Many professionals believe that false accusations of sexual abuse are also increasing. Although there is a disagreement as to the frequency and nature of false claims, many believe that false accusations have become a serious problem in vindictive, angry custody and visitation battles. Consequently, false accusations in divorce have received extensive media and professional attention (see for example,

Facial appearance and impressions of ‘credibility’: The effects of facial babyishness and age on person perception

“…Another finding of the present study merits attention: Children were considered to be more deceptive than older individuals, unless the lie concerned a sexual abuse offence, in which case they were rated as the most truthful. In view of the increase in child sexual abuse allegations over the last decades (e.g., Lamb, 1994), and the number of unconfirmed cases in divorce or custody and visitation disputes (e.g., Thoennes & Tjaden, 1990; Wakefield & Underwager, 1991), this result is of significance. Judgments based on first impressions are not necessarily accurate, and it is worrisome that children are given more or less credibility depending on the topic.…”

How Children’s Voices Were Heard ‘Above the Din’ in Family Court Proceedings in Cases Where There Were Allegations of Child Sexual Abuse: The Importance of Judicial Orientation and Professional Evidence in the Discernment of the Child’s Voice

“…It is of interest that a focus on the child in this assessment schema for family law cases was not been seen as mandatory -children did not have to be interviewed in an assessment (Wakefield and Underwager 1991). This contrasts with perspectives that propose that the child interview is the most significant piece of evidence in the investigation of an allegation (Bussey 1995;Goodman and Bottoms 1993).…”

Abuso sexual infantil y síndrome de alienación parental: criterios diferenciales

“…A este respecto, Faller [32] y Wakefield y Anderwager [33] observan que en los casos de abuso sexual infantil en un contexto de separación o divorcio se dan diferentes situaciones a valorar: (a) es posible que el descubrimiento del abuso sexual sea precisamente la causa del divorcio y del conflicto interparental; (b) es posible que haya habido un abuso crónico que sólo ha emergido en el contexto del divorcio. Por ejemplo, porque hasta entonces el menor abusado no ha querido descubrir el abuso por miedo a que se disolviera la familia, o porque con el divorcio se ve libre de la amenaza del abusador de causarle daño si habla, o porque puede temer quedarse a solas con el progenitor abusador durante las visitas; (c) finalmente, puede que la disolución de la pareja haya precipitado el abuso.…”