Medical evidence in child sexual assault cases

DOIhttps://doi.org/10.1108/20093821211264450
Pages140-152
Date21 September 2012
Published date21 September 2012
AuthorTiffany Lewis,Bianca Klettke
Subject MatterHealth & social care,Public policy & environmental management,Sociology
Medical evidence in child sexual assault
cases
Tiffany Lewis and Bianca Klettke
Abstract
Purpose – Previous studies suggest that the presence of medical evidence is rare in child sexual
assault (CSA) cases, and if present at all, such evidence is unlikely to identify a specific assailant. This
study aims to examine the role medical evidence plays in criminal cases of CSA. Specifically, the
prevalence of medical evidence in CSA cases, its impact on decisions to prosecute CSA cases, as well
as its effect on conviction rates are examined.
Design/methodology/approach – A systematic literature review was conducted on the impact of
medical evidence in criminal child sexual abuse (CSA) cases.
Findings – The results of the review suggest medical evidence increases the likelihood of prosecution;
however the impact of medical evidence on conviction rate is equivocal.
Research limitations/implications The implications of these findings for legal and psychological
practice, government policy and future areas for academic research are discussed.
Originality/value – To the authors’ knowledge, no other review has systematically examined the role of
medical evidence on the prosecution and conviction of CSA cases.
Keywords Child sexual abuse, Medical evidence, Conviction, Prosecute, Crimes,
Children (age groups)
Paper type Literature review
The consequences of child sexual abuse (CSA) are widespread and varied (Tyler,
2002). Victims may be afflicted with anxiety disorders, depression, post-traumatic
stress disorder, alcohol or substance abu se, suicidal ideation s and sexual
dysfunction (Callahan et al., 2003; Romano and De Luca, 2001; Tyler). Further disruption
and damage to victims can be caused by revictimization, either by the initial offender or
consequential offenders (Briere, 1996). Similarly, the court process, and often the acquittal
of the defendant, can result in a great degree of secondary trauma (Briere, 1996). One factor
that has been associated with whether a case results in a conviction or not, is the evidence
presented at trials (Lewis et al., n.d.; Visher, 1987). While many researchers note that
evidence is sparse in child sexual abuse cases, to our knowledge, no review has specifically
addressed the type of role medical evidence plays in child sexual abuse cases (Christian
et al., 2000; De Jong and Rose, 1991). This review seeks to address this gap by examining
the role medical evidence plays in the prosecution and conviction rates of CSA cases.
Definition of ‘‘evidence’
From a legal perspective, evidence can be defined as any matter of fact that may prove or
disprove an issue in a case (Wilson, 2010). That is, evidence can comprise a number of
factors, such as; the identification of individuals who may have been present at the offence,
evidence that goes to the credibility of a witness, or circumstantial evidence that suggests
an increase in the likelihood of the defendant being the assailant (Evidence Act, 2008). This
review will focus on one sub-category of evidence, namely, ‘‘medical’’ evidence.
PAGE 140
j
JOURNAL OF CRIMINAL PSYCHOLOGY
j
VOL. 2 NO. 2 2012, pp. 140-152, QEmerald Group Publishing Limited, ISSN 2009-3829 DOI 10.1108/20093821211264450
Tiffany Lewis and Bianca
Klettke are both based in
the School of Psychology,
Deakin University,
Melbourne, Australia.

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