Prosecutors’ experiences investigating alleged sexual abuse against pre-schoolers

Abstract

Investigating and prosecuting cases of alleged child sexual abuse is challenging, especially if the report concerns a young child. The present study aimed to examine prosecutors' experiences investigating and prosecuting cases of alleged sexual abuse of preschoolers. Ninety-four Swedish child abuse prosecutors participated in a 2017 national survey regarding their work with these cases and their experiences collaborating with police and Child Protective Services (CPS). Their responses were analysed using both quantitative (descriptive and inferential statistics) and qualitative (thematic analysis) approaches. The prosecutors described difficulties eliciting and evaluating testimony from the youngest children, alongside a lack of corroborative evidence, as the main challenges in investigating cases of alleged sexual abuse of pre-schoolers. Some prosecutors reported that an ongoing CPS investigation could negatively affect the criminal investigation. Furthermore, the quality of the investigative child interview was described as paramount to the investigation and as something that could be affected by the interviewer as well as the resources available to the police. Suggestions for future research and potential practical implications for CSA investigations involving pre-schoolers are discussed.

Preschoolers’ true and false reports: Comparing effects of the Sequential Interview and NICHD protocol

“…More laboratory research is required to further understand the effectiveness and limitations of different interviewing techniques with young children. Considering that legal practitioners have described cases involving preschoolers as particularly challenging (Ernberg, Magnusson, & Landström, 2020; Magnusson, Ernberg, Landström, & Akehurst, 2020), greater efforts are needed to ensure that current interview guidelines are applicable to this group of young, vulnerable witnesses.…”

Swedish Courts’ Evaluations of Interpreter-Mediated Child Investigative Interviews

“…Instead, their video-recorded investigative interview from the preliminary investigation constitutes their legal testimony. Thus, the quality of the investigative interview, for example, the presence of leading questions, might not only affect the criminal investigation but also how the court assesses the credibility of a child witness or victim (Ernberg et al, 2020). As these cases often rely on little corroborative evidence, a credible testimony from a child is usually crucial for a conviction in cases involving child maltreatment (Ernberg et al, 2018a; Walsh et al, 2010).…”

“…As these cases often rely on little corroborative evidence, a credible testimony from a child is usually crucial for a conviction in cases involving child maltreatment (Ernberg et al, 2018a; Walsh et al, 2010). Investigating and prosecuting cases of alleged abuse against children is difficult for many reasons (see e.g., Cross et al, 2003; Ernberg et al, 2020). For example, children may be reluctant to disclose their abusive experiences, especially if the perpetrator is a family member (e.g., Magnusson et al, 2017).…”

Swedish and Norwegian police interviewers’ goals, tactics, and emotions when interviewing suspects of child sexual abuse

“…In the present study, we aim to address this gap by examining Swedish and Norwegian police interviewers' self-reported goals, tactics, and emotions when questioning suspects of sexual abuse against a child. Given the low prosecution rate for CSA offences, there is an urgency for research exploring the current procedures used when investigating these crimes, and its accordance with evidence-based methods (Ernberg, Magnusson, & Landström, 2020).…”