False allegation of child sexual abuse
||The examples and perspective in this article may not represent a worldwide view of the subject. (December 2010)|
A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the alleged victim, or by another person on the alleged victim's behalf. Studies of child abuse allegations suggest that the overall rate of false accusation is under 10%. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles. They may also have occurred when someone was getting back at someone else, if they get rejected for a promotion (for example) or to cover up an affair in cultures that frown on extramarital sex. There is also indication as with other alleged sex offences that the UK system of paying compensation, (quite substantial), can provide a motive for allegations being made.
Types of false allegations
When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories:
- An allegation that is completely false in that the events that were alleged did not occur; It could be done to get back at a teacher or employer who denied them a grade for coursework, a pay raise or promotion. It could also be done for the purposes of extortion or blackmail.
- An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent. When a child makes this type of allegation it is termed "perpetrator substitution";
- An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.
A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally, due to a confabulation, either arising spontaneously due to mental illness  or resulting from deliberate or accidental suggestive questioning, coaching of the child, or faulty interviewing techniques. Researchers Poole and Lindsay suggested in 1997 applying separate labels to the two concepts, proposing the term "false allegations" be used specifically when the accuser is aware they are lying, and "false suspicions" (weasel word phrase; dissimulation) for the wider range of false accusations in which suggestive questioning may have been involved.
False accusations can be prompted, aggravated or perpetuated by law enforcement, child protection or prosecution officials who become convinced of the guilt of the accused.
Disconfirming evidence can lead to cognitive dissonance on the part of these individuals, and lead them to deliberately or unconsciously attempt to resolve dissonance by ignoring, discounting or even destroying the evidence. Once any steps are taken to justify the decision that the accused is guilty, it becomes very difficult for the official to accept disconfirming evidence, and this can continue during appeals, retrials or any other effort to revisit a verdict.
Denial of child sexual abuse by the accused, or by others, is common and its reality is not easily accepted (though such a denial should never be interpreted as evidence of guilt). Reporting rates may also be substantially below actual rates of abuse as many victims do not disclose their abuse, which may result in an overrepresentation of false allegations due to the inaccurate estimation of actual cases of abuse. Of the millions of reports of child sexual abuse each year to state protective agencies in the USA (including both substantiated and unsubstantiated reports), there is no formal determination as to what portion of those represent false allegations.
Findings of multiple studies performed between 1987 and 1995 suggested that the rate of false allegations ranged from a low of 6% to a high of 35% of reported child sexual abuse cases[verification needed]. Experts have argued that the reason for the wide range of differences in the rates resulted from different criteria used in various studies. In particular, a lower rate was found in studies that considered false allegations to be based on intentional lying, whereas the higher rates were reported in studies that also added unintentional false allegations resulting from suggestive questioning. A 1992 meta-analysis suggests that false allegations represent between two and ten percent of all allegations.
False reports are more common in custody disputes. Children appear to rarely make up false allegations of their own accord but will make false allegations if coercively questioned by individuals who believe abuse has occurred but refuse to accept children's statements that they were not abused (as was common practice during the satanic ritual abuse moral panic).
Wrongful allegations involving alleged child victims may not be confined to sexual abuse. A prominent British paediatric neuropathologist, Dr Waney Squier, recently made headlines by stating she believed that ‘half or even more of those who have been brought to trial in the past for SBS have been wrongly convicted'.
False retractions of accusations by children who have been abused are suggested to occur for one or more of several reasons: out of shame or embarrassment, fear of being sent to a foster home, due to the reaction of adults leading them to feel their behavior was "wrong" or "bad", a desire to protect the perpetrator who may be a close family member, fear of destroying the family, coaching by an adult family member insisting the child withdraw the accusation, and more. False retractions are less common when the child receives timely and appropriate support following the statement of the allegation.
Effect of changes to legal tests (UK)
According to support group Falsely Accused Carers and Teachers (FACT), in 2000 there was a 90% conviction rate for alleged child sex abusers as compared to just 9 per cent for cases of adult rape. In the UK, all the post-1970 court cases that are recognized as authorities on evidence of disposition "concern charges of sexual abuse of minors". In 1991, the House of Lords judgment in Director of Public Prosecutions versus P significantly lowered the barrier to admission of similar fact evidence of disposition to commit a crime.
This, combined with the police practice of "trawling" for child abuse victims using door-to-door interviews and the potential for monetary compensation, has created opportunities and incentive for false allegations to occur:
Normally, an allegation of a criminal offence has to stand or fall on its own merits: if a witness accusing someone of sexual abuse was sufficiently credible, or could adduce supporting evidence, then an abuser would be convicted. Until 1991, multiple allegations against the same person could only be held to be mutually corroborating if there were 'striking similarities' between the alleged crimes, indicating a criminal's 'signature,' a distinct modus operandi. But the judgment removed this protection. In effect, the courts have accepted the idea of 'corroboration by volume'.
In 2002, the Home Affairs Select Committee (Fourth report, 2001/2), which dealt with police trawling practices and referred to the 'enormous difficulties' faced by those accused of child sexual abuse, recommended that the requirement for similar fact evidence to be linked by 'striking similarities' be restored in cases involving allegations of historical child abuse. However this recommendation contradicted the Government White Paper Justice for All (2002), which proposed lowering the threshold for the admission of similar fact evidence still further. The UK Government rejected the recommendation.
Effect on the child and the accused
Allegations of sexual abuse can be inherently traumatic when false. People falsely charged with sexual abuse often face numerous problems of their own. The heinous nature of the crime leveled at them often evokes an overwhelming sense of betrayal. In highly publicized cases, the general public has a strong tendency to summarily assume the accused is guilty, leading to very serious social stigma. The accused, even if acquitted, risks being fired from their job, losing their friends and other relationships, having their property vandalized, and being harassed by those believing them to be guilty.
In 2001 there were 18 support and lobby groups extant in the UK "set up to redress the injustice suffered by those who, they claim, have been wrongly convicted in abuse cases". Groups currently active in the UK include False Allegations Against Carers and Teachers (FACT), False Allegations Support Organization (FASO), People Against False Allegations of Abuse (PAFAA with SOFAP), and SAFARI.
- Witch Hunt is a documentary produced and narrated by Sean Penn about the Kern County child abuse cases (2008)
- Goodbye Daddy (Farvel Far) is a documentary about false incest charges in Denmark (Danmarks Radio, 2006)
- In the Name of the Children (Panorama) is a documentary investigating the conviction of a former boy's home worker of child sexual abuse using similar fact evidence obtained by police trawling (2000)
- Just Ask My Children (Dir. Arvin Brown) is a movie based on the true story of Brenda and Scott Kniffen, who were falsely accused of sexually abusing their children and served 12 years in prison before their convictions were quashed (2001).
- Snap Decision (Dir. Alan Metzger) is a made-for-TV drama inspired by the true story of Kathryn Mayers, a professional photographer who was arrested and tried for child endangerment for taking allegedly pornographic photos of children, one of whom was her daughter (2001).
- Seduction in a Small Town (a.k.a. Harvest of Lies) (Dir. Charles Wilkinson) - drama about a small town mother falsely accused of abusing her children, who are taken from her and placed into foster care. She and her husband struggle to prove their innocence (1997).
- Say Uncle (Dir. Peter Paige) - satire about a naive young man who adores children and is unjustly labelled by the local community as a pedophile (2005).
- Cleveland child abuse scandal
- Day care sex abuse hysteria
- Facilitated communication
- False accusations
- McMartin preschool trial
- Outreau trial
- Kern County child abuse cases
- Child sexual abuse accommodation syndrome
- Thurston county ritual abuse case
- 1993 child sexual abuse accusations against Michael Jackson
- Ney, T (1995). True and False Allegations of Child Sexual Abuse: Assessment and Case Management. Psychology Press. pp. 23–33. ISBN 0-87630-758-6.
- Hobbs, CJ; Hanks HGI; Wynne JM (1999). Child Abuse and Neglect: A Clinician's Handbook. Elsevier Health Sciences. pp. 197. ISBN 0-443-05896-2.
- Schetky, DH; Green AH (1988). Child Sexual Abuse: A Handbook for Health Care and Legal Professionals. Psychology Press. pp. 105. ISBN 0-87630-495-1.
- Bolen, RM (2001). Child Sexual Abuse: Its Scope and Our Failure. Springer. pp. 109. ISBN 0-306-46576-0.
- Robin, M (1991). Assessing Child Maltreatment Reports: The Problem of False Allegations. Haworth Press. pp. 21–24. ISBN 0-86656-931-6.
- Mikkelsen EJ, Gutheil TG, Emens M (October 1992). "False sexual-abuse allegations by children and adolescents: contextual factors and clinical subtypes". Am J Psychother 46 (4): 556–70. PMID 1443285.
- Maggie Bruck; Ceci, Stephen J (1995). Jeopardy in the Courtroom. Amer Psychological Assn. ISBN 1-55798-282-1.
- Irving B. Weiner; Donald K. Freedheim (2003). Handbook of Psychology. John Wiley and Sons. pp. 438. ISBN 0-471-17669-9.
- Aronson E; Tavris C (2007). Mistakes were made (but not by me): why we justify foolish beliefs, bad decisions, and hurtful acts. San Diego: Harcourt. pp. 127–157. ISBN 0-15-603390-9.
- Summit, RC (1998). "Hidden victims, hidden pain, societal avoidance of child sexual abuse". In Wyatt GE & Powell GJ. Lasting Effects of Child Sexual Abuse. SAGE Publications. ISBN 0-8039-3257-X.
- Bentovim, A (July 17 1993). "Why do adults sexually abuse children?". British Medical Journal 307 (6897): 144–145. doi:10.1136/bmj.307.6897.144. PMC 1678329. PMID 8343739.
- Finkelhor, D; Araji S (1986). A Sourcebook on Child Sexual Abuse. SAGE Publications. pp. 18; 280. ISBN 0-8039-1935-2.
- Kendall-Tacket, K; Meyer WL & Finkelhor D (1993). "Impact of child sexual abuse: a review". Psychological Bulletin 113 (1): 164–180. doi:10.1037/0033-2909.113.1.164. PMID 8426874.
- Adshead, G (1994). "Looking for clues - A review of the literature on false allegations of sexual abuse in childhood". In Sinason V. Treating Survivors of Satanist Abuse. New York: Routledge. pp. 57–65. ISBN 0-415-10542-0.
- Benedek, E. P.; Schetky, D. H. (1987). "Problems in Validating Allegations of Sexual Abuse. Part 1". Journal of the American Academy of Child & Adolescent Psychiatry 26 (6): 912–915. doi:10.1097/00004583-198726060-00016. PMID 3429411.
- Green, A. (1986). "True and false allegations of sexual abuse in child custody disputes.". Journal of the American Academy of Child Psychiatry 25 (4): 449.456. doi:10.1016/S0002-7138(10)60001-5. PMID 3745724. Retrieved 2008-01-01.
- Green, A. (1991). "Factors Contributing to False Allegations of Child Sexual Abuse in Custody Disputes". Child & Youth Services 15 (2): 177–189. doi:10.1300/J024v15n02_11.
- Faller, K. C. (1984). "Is the child victim of sexual abuse telling the truth?☆". Child Abuse & Neglect 8 (4): 473–481. doi:10.1016/0145-2134(84)90029-2.
- Angela Levin (2011-05-25). "At least half of all parents tried over shaken baby syndrome have been wrongly convicted, expert warns". Mail Online. Retrieved =2011-05-25.
- Faller, KC (1989). Child Sexual Abuse: An Interdisciplinary Manual for Diagnosis, Case Management and Treatment. Columbia University Press. pp. p130–131. ISBN 0-231-06471-3.
- Schetky & Green, 1988, p. 66.
- "Abuse: Crusade or Witch-Hunt?". BBC News. 2000-12-07. Retrieved 2011-05-25.
- "Evidence of disposition". Retrieved 2011-05-24.
- David Rose, Gary Horne (November 26, 2000). "Abuse witch-hunt traps innocent in a net of lies". The Observer. Retrieved 2011-05-24.
- Richard Webster (2002). "Similar Fact Evidence". Retrieved 2011-05-24.
- Stahl, PM (1999). Complex Issues in Child Custody Evaluations. SAGE Publications. pp. 47. ISBN 0-7619-1909-0.
- Jonathon Wallace (August 1996). "A Modern Witchhunt: The McCuan Kniffen Frame-up". Retrieved 2011-05-30.
- Tracy Curry-Reyes (August 2011). "Snap Decision (Movie)". Retrieved 2011-08-18.