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Alleged child sexual abuse against preschool-aged children is often considered one of the most challenging cases for a prosecutor to handle. The aim of the current study was to examine differences between prosecuted and discontinued cases of alleged sexual abuse of preschool-aged children. Data from Swedish criminal cases of alleged sexual abuse of children ages 2-6 issued from 2010 to 2014 were analyzed (N = 130). Prosecuted cases were more likely to contain forensic evidence (documentation of abuse, corroborative DNA evidence, or a corroborative medical examination), or a confession from the suspect, while such evidence was not available in any discontinued case. Furthermore, cases where the child was older, where the prosecutor had decided to conduct an interview with the child, and where there was more than one alleged victim were more likely to be prosecuted. Factors that were associated with a decreased likelihood of prosecution were ongoing custody disputes between parents, foster care placements prior to the abuse, and if the report concerned a boy. Boys and younger children were also less likely to be interviewed. The results suggest that prosecution of sexual abuse cases involving preschool-aged children remains difficult and that there is room for improvements in these investigations.

Child sexual abuse (CSA) cases are notoriously difficult to investigate, and less than 10% of cases are prosecuted. We aimed to investigate prosecutors' experiences of preparing for and prosecuting suspected CSA cases with preschool aged victims. Nine specialized child prosecutors (6 women, 3 men) took part either in individual interviews or in focus groups on this subject. The transcripts were analyzed thematically. The prosecutors said that children's testimony was sometimes held to an adult standard and that child complainants who expressed emotion could be perceived as more credible than their less expressive counterparts. CSA victims were identified as vulnerable victims who had difficulty telling their stories. Some of the interviewers were described as lacking in the ability to approach these children. The results imply that the reliability and credibility of sexually abused preschoolers and their testimony might be influenced by a number of verbal and non-verbal factors and that there are several obstacles preventing prosecutors from prosecuting these cases.

Purpose Prosecutors working with child sexual abuse (CSA) cases involving young children have raised concerns that reliability criteria from the Supreme Court of Sweden are holding children's testimony to impossible standards (e.g., expecting the child's testimony to be long, rich in detail and spontaneous). This study aimed to address these concerns by investigating how District Courts and Courts of Appeal employ said criteria in their testimonial assessments of young child complainants. Methods Court documents from District Courts (n = 100) and Courts of Appeal (n = 45) in CSA cases involving 100 children age 7 years and under were analysed with respect to the courts’ testimonial assessments. Results Testimonial assessments were more frequently referenced in acquitting verdicts and in cases with evidence of low corroborative value. Richness in detail was the most frequently used reliability criterion, followed by spontaneity. Most criteria were used in favour of the children's testimony. However, the length criterion was typically used against the reliability of the children's testimony. Conclusions Our findings confirm prosecutors’ concerns that criteria from the Supreme Court are frequently used in evaluations of young children's testimony. This is troublesome, as some criteria do not correspond to current research on young children's witness abilities. For example, compared to testimony given by older children or adults, testimony provided by a young child is typically not long or rich in detail. We encourage prosecutors to extend their own knowledge on young children's capability as witnesses and present this to the court.

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