Prosecution of Child Sexual Abuse Cases: Exploring Associated Characteristics

Background: Prosecution of child sexual abuse cases is one component of a comprehensive prevention strategy targeting all systems. Further, it is the most consequential response communities have for addressing the problem. While some jurisdictions report prosecution rates as high as 94%, others indicate that as many as 72% of perpetrators evade prosecution despite evidence of the crime (Cross, Walsh, Simone, & Jones, 2003). The disparity in prosecution across communities demonstrates the need for research that further explores the legal decision-making process by incorporating prosecutor perspectives.

In an effort to better understand factors that distinguish cases that advance to criminal prosecution from those that do not, this research investigated the factors associated with prosecution through three primary aims, each aim associated with a separate phase of research: 1) Explored factors influencing prosecutor decision making through individual interviews; 2) Examined differences in case characteristics among CAC records for cases that proceeded to prosecution compared to those that did not; and 3) Examined the decision making process of prosecutors by exploring a selection of prosecuted cases.

Methods:

Using mixed-methods, quantitative and qualitative data were sequentially integrated across three phases of study. Disclosure cases from a CAC in a large Southern city were used to analyze case records, forensic interviews, and prosecutor decisions. Phase 1 included interviews with 4 prosecutors to learn about the prosecution process and gain prosecutor perspectives about decisions. Interviews were coded thematically using an iterative content analysis procedure. Findings from Phase 1 informed data collection of Phase 2. Phase 2 included quantified data gathered for 100 cases (50 prosecuted, 50 non-prosecuted) from CAC forensic interviews and data records. Data was analyzed using a logistic regression model building procedure to identify predictors of prosecution. Findings from Phase 2 informed the interview guide used in Phase 3. Phase 3 included case reviews with prosecutors of 10 prosecuted cases. Case reviews were coded thematically using framework analysis. Following data collection, findings for the entire study were integrated.

Results:

Findings across all phases of study indicate the consistent influence of caregiver support and other evidence on prosecutors’ decision to prosecute. In Phase 1, prosecutors described three major themes influencing the prosecutorial decision: details provided by the child, caregiver support, and other evidence. In Phase 2, the final multivariable model (X²=59.05, df=3, P<.001; Nagelkerke R²=.595), caregiver support was the strongest predictor of prosecution, with the availability of other evidence, and a greater number of CAC services received also serving as predictors. In Phase 3, four major themes emerged about the elements that influence prosecution and the approach used in making prosecution decisions: 1) A child’s disclosure as the primary evidence; 2) Evidence gathered through a quality investigation; 3) Caregiver support; and 4) Taking a balanced approach to making a decision.

Conclusions:

These findings present opportunities for multidisciplinary teams of professionals to provide assistance to families who are likely to interface with legal proceedings. Findings support prosecution of sexual abuse when appropriate as one component in a system wide approach to child sexual abuse prevention.