Criminal prosecution of child sexual abuse cases.
To describe the outcome of prosecuting alleged intrafamilial/caretaker child sexual abuse, the authors evaluated charts for 1986-1988 at La Rabida Children's Hospital and Research Center in Chicago, plus police records for Area V, Chicago for 1986-1987. The state's attorney's office provided data on outcome of legal proceedings. Of 451 allegations, 324 (72%) were formally designated as probable sexual abuse cases, and 269 (83%) alleged perpetrators were identified. Complaints (77 felonies, 29 misdemeanors, and 30 juvenile charges) were initiated by the police for preliminary hearings against 136 (51%) persons. Of the felony charges, 66 (85.7%) resulted in indictments, and 11 (14.3%) in dismissal of charges by judge or grand jury. Thirty-two (48.5%) of those indicted pleaded guilty, 24 (36%) went to trial; 16 (67%) were found guilty, and 8 (12%) had charges dismissed. Therefore, of the 77 felony complaints initiated, 48 (62%) ended in convictions and 29 (38%) in dismissals or not-guilty verdicts. Only 24 (5%) of the original allegations resulted in trials. Although 30% of allegations and 51% of alleged perpetrators ended up in court, only 17% of the original 451 allegations were prosecuted for a felony. For felony indictments, 36% of victims appeared in court. Forty-three of 48 persons found guilty served time (mean sentencing time, 6.8 years). The mean time from initial hearing to final disposition was 321 days and was significantly longer if the accused either went to trial (501 vs. 236 days) or was found guilty or pleaded guilty (353 vs. 254 days for not-guilty verdicts). The authors conclude that very few children (5%) have to appear as witnesses in court, as most cases are resolved by plea bargaining, and that resolution by trial can take 12 to 16 months.
Martone
M
M
Department of Behavioral Sciences, University of Chicago, Pritzker School of Medicine, La Rabida Children's Hospital and Research Center, IL 60649-1395, USA.
Jaudes
P K
PK
Cavins
M K
MK
D002648:Child; D002650:Child Abuse, Sexual / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D002651:Child Advocacy / Q000331:legislation & jurisprudence; D002669:Child Welfare / Q000331:legislation & jurisprudence; D003416:Criminal Law / Q000331:legislation & jurisprudence* / Q000379:methods / Q000706:statistics & numerical data; D005260:Female; D006801:Humans; D007087:Illinois; D008297:Male; D012189:Retrospective Studies