Criminal Determination for Child Sexual Abuse

Abstract

Considerable discussion has focused upon the appropriateness and efficacy of criminal justice intervention in cases of family violence in recent years. Particular concerns regarding possible criminal court action for child sexual abuse include issues dealing with the age of the victim, the intra- or extrafamilial relationship between the victim and alleged offender, and the nature and seriousness of the abuse, as well as broader issues of criminal justice policy and social service involvement. This article examines initial prosecutorial decision making for child sexual abuse focusing upon the role of these issues in official judgments about case screening. The data for this research were collected within the context of the Massachusetts District Attorney Reporting Law (“Chapter 288”). This 1983 bill was designed to increase criminal justice system involvement in the handling of “serious” child abuse cases by mandating the referral to prosecutors of substantiated cases. Utilizing a metropolitan Boston County District Attorney's Office as the research site (“South” County), this study reports on documentary data from prosecutor case files for a random sample of sexual abuse cases. The results indicate that the initial screening point is a crucial decision-making stage for prosecution and that specific case features related to the victim, perpetrator, and the nature of the sexual abuse are important in understanding prosecutorial decisions for case attrition. Implications of these findings for research and policy on criminal justice decision making for child sexual abuse are discussed.

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