Factors Associated with Delays of Days to Decades to Criminal Prosecutions of Child Sexual Abuse.

Until the latter part of the 20th century, legal doctrines made it almost impossible to successfully prosecute in criminal court a case involving child sexual abuse (CSA), whether the complaint was timely or delayed. Many English-speaking countries have abrogated most formal legal barriers to prosecuting CSA cases, and courts are faced with the singular challenge of adjudicating sexual offenses against children that are reported to have happened years or decades earlier. We conducted analyses of 4,237 criminal complaints of CSA heard in Canadian criminal courts. There were several differences between timely and delayed prosecutions that led us to conclude that delayed prosecutions of CSA are common and due, in part, to the nature of the offense. Offense duration was associated with longer delays to prosecution. When the accused had access to the child through his position in the community, length of delay to prosecution was very long, particularly for male complainants. More research is needed on delayed CSA prosecutions, particularly given an apparent trend for jurisdictions to abolish barriers to criminal prosecutions of CSA that occurred years or decades earlier.

[1]  D. Connolly,et al.  Testifying through the Ages: An Examination of Current Psychological Issues on the Use of Testimonial Supports by Child, Adolescent, and Adult Witnesses in Canada , 2015 .

[2]  Catriona M. Morrison,et al.  Adult Recollections of Childhood Memories: What Details can be Recalled? , 2014, Quarterly journal of experimental psychology.

[3]  N. Vidmar,et al.  The Canadian Criminal Jury , 2011 .

[4]  Heather L. Price,et al.  JUDICIAL DECISION MAKING IN TIMELY AND DELAYED PROSECUTIONS OF CHILD SEXUAL ABUSE IN CANADA A Study of Honesty and Cognitive Ability in Assessments of Credibility , 2010 .

[5]  Heather L. Price,et al.  Judging the credibility of historic child sexual abuse complainants: How judges describe their decisions , 2009 .

[6]  M. Bruck,et al.  Review of the contemporary literature on how children report sexual abuse to others: Findings, methodological issues, and implications for forensic interviewers , 2008, Memory.

[7]  Michael E Lamb,et al.  Exploring the disclosure of child sexual abuse with alleged victims and their parents. , 2007, Child abuse & neglect.

[8]  J. Read,et al.  The Effects of Delay on Long-Term Memory for Witnessed Events , 2007 .

[9]  J. Read,et al.  Canadian criminal court reports of historic child sexual abuse: Factors associated with delayed prosecution and reported repression. , 2007 .

[10]  P. Lewis Delayed Prosecution for Childhood Sexual Abuse , 2006 .

[11]  D. Connolly,et al.  Delayed Prosecutions of Historic Child Sexual Abuse: Analyses of 2064 Canadian Criminal Complaints , 2006, Law and human behavior.

[12]  M. Lamb,et al.  Trends in children's disclosure of abuse in Israel: a national study. , 2005, Child abuse & neglect.

[13]  M. Bruck,et al.  DISCLOSURE OF CHILD SEXUAL ABUSE What Does the Research Tell Us About the Ways That Children Tell , 2005 .

[14]  D. Eilertsen,et al.  Beliefs about child witnesses: A survey of professionals , 2004 .

[15]  Robin S. Edelstein,et al.  Why children tell: a model of children's disclosure of sexual abuse. , 2003, Child abuse & neglect.

[16]  Robin S. Edelstein,et al.  A Prospective Study of Memory for Child Sexual Abuse , 2003, Psychological science.

[17]  N. Bala Child witnesses in the Canadian criminal courts: Recognizing their capacities and needs. , 1999 .

[18]  M. Bruck,et al.  Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony , 1995 .

[19]  W. Harvey,et al.  Sexual offences against children and the criminal process , 1993 .

[20]  D. Kilpatrick,et al.  Child witnesses in criminal court , 1992 .

[21]  D Finkelhor,et al.  Sexual abuse in a national survey of adult men and women: prevalence, characteristics, and risk factors. , 1990, Child abuse & neglect.

[22]  G. Goodman Children's Testimony in Historical Perspective , 1984 .

[23]  Robert S. Thompson,et al.  Sexual Offences Against Children , 1961, British medical journal.