Frustrations of inquiry: child sexual abuse allegations in divorce and custody cases

When a marriage disintegrates, the partners often change from allies to enemies. They can become bent on winning and employ tactics designed to crush the opposition despite the casualties. All too often, their children get caught in the cross fire.

Sometimes, allegations of child sexual abuse arise in the context of divorce and custody cases. A study of 9,000 families embroiled in contested divorce proceedings found that 1 to 8 percent involved allegations of child sexual abuse.(1) Unfortunately, the warlike atmosphere inherent in divorce often discredits valid claims. Though rare, false allegations of abuse do occur. Another study revealed that out of 169 cases of alleged child sexual abuse arising in marital relations courts, only 14 percent were deliberate, false allegations.(2) This means that the overwhelming majority were legitimate reports.

Sexual abuse allegations that surface during divorce or custody cases cause more frustration for law enforcement investigators than any other because of a lack of evidence, possible biases, and the acrimony between partners on the verge of divorce. Indeed, the stakes are high - an improper allegation may ruin the reputation of an unjustly accused person; at the same time, a valid allegation that goes unrecognized may subject a child to continued abuse.

Investigators often forget they have a fourfold responsibility in these cases. First, they must determine whether the child is at risk. Then, they have an equal duty to determine if the accused is responsible or innocent. When investigators decide out of hand that insufficient evidence exists to establish that the accused committed the act, they have not conducted a complete investigation. Instead, they must seek evidence to either prove or disprove the allegations.

Third, investigators must distinguish a valid allegation from one that may have resulted from a parent's misguided but honest belief that a child was abused. Finally, they must consider whether the allegation is a malicious complaint made solely to gain an advantage in a divorce or custody settlement. Each scenario requires a different course of action. Although the unique concerns associated with these types of cases make them more difficult to solve, investigators can follow certain guidelines to uncover the truth behind the allegations.

INVESTIGATIVE OBSTACLES

Time Constraints

Competent investigations of sexual abuse allegations take an exorbitant amount of time. Moreover, shrinking budgets and changing priorities have reduced agency staffing levels, leaving fewer people to handle these investigations. The problem becomes compounded when the children involved are too young to articulate what happened to them in only one or two interviews - the minimum amount of time required in the preliminary phase of a sexual abuse investigation.

Credibility Concerns

Child abuse investigations can be the most difficult cases to prove. In divorce and custody cases, added credibility concerns make abuse allegations even more likely to be unsubstantiated or unfounded.(3) To help address these concerns, investigators must ask certain questions, including:

* To whom did the child first make the disclosure?

* What triggered the disclosure?

* When did the disclosure first occur?

* How did the original disclosure surface?

* Why is the child telling now?

* How many people have talked to the child and who are they?

* What exactly did the child say to each of these people?

* How did these individuals respond to the child?

* How, if at all, did these responses affect what the child is saying now?

* What independent evidence, apart from the statements of the witnesses, is available to confirm or refute the allegation?

* What evidence is available to confirm or refute what the child is saying?

* Do any alternative explanations exist for what the child is saying or how the child is behaving?

The answers to these questions can help investigators assess the credibility of the charges. The mere fact that the allegations have surfaced during a divorce or custody battle may impugn the veracity of the disclosure. These times are ripe for one party to invent allegations to gain the upper hand in the litigation. Yet, children often disclose valid sexual abuse allegations during highly volatile and divisive custody or visitation litigation, and they have sound reasons for doing so.

On one hand, a child separated from an abusive parent and faced with the prospect of reuniting with that parent may feel frightened enough to come forward. On the other hand, a child removed from an abusive situation finally may feel safe enough to make a disclosure. Another child may become angry enough during the turbulent throes of divorce to expose the abuser.

CASE CHARACTERISTICS

In general, three types of cases exist:

1) The abuse actually has occurred.

2) Behavior or statements made by the child are misinterpreted and reported as abuse.

COPYRIGHT 1998 Federal Bureau of Investigation
COPYRIGHT 2004 Gale Group