Post date: Jul 30, 2011 8:4:57 PM
Thoennes, N. (1988, Summer). Child Sexual Abuse: Whom Should a Judge Believe? What Should a Judge Believe? The Judges' Journal, 27, 14-.
This article provides an overview of the results of a 2-year study completed by the Denver-based Research Unit of the Association of Family and Conciliation Courts which explored the incidence and validity of sexual abuse allegations in custody cases. Though nation-wide reports of sexual abuse made to child protective service agencies have increased dramatically, those in custody disputes have not. Contrary to the popular myth that sexual allegations in custody cases are relatively common, between 1985 and 1987 the study found that only 2 to 6% of custody cases in the 12 states participating in the study involved allegations of sexual abuse.
The categorization that these allegations are typically false was also challenged by the present study. Half of the allegations were believed by the investigators to be true, and in another 17% determination of the validity could not be made with any degree of certainty. The remaining third of the cases were not believed to involve abuse. However, in most of the cases which were not substantiated, the allegations were believed to have been made in good faith and based on genuine suspicions. This study refutes the notion that sexual abuse allegations in the context of custody and visitation cases are now epidemic, as well as the idea that these cases are commonly motivated by a reporting parent who is vindictive or seriously impaired. There is no evidence from the present research to suggest that a significant number of parents are using fabricated reports to win custody battles