Thoennes N, Tjaden P G
Association of Family and Conciliation Courts Research Unit, Denver, CO 80218.
Child Abuse Negl. 1990;14(2):151-63. doi: 10.1016/0145-2134(90)90026-p.
Using information from mail and telephone surveys and personal interviews with legal and mental health professionals who deal with child abuse cases, and empirical data from 12 domestic relations courts throughout the United States, the study concludes that only a small proportion of contested custody and visitation cases involve sexual abuse allegations. Records maintained by family court workers place the figure at less than 2%. A sample of 169 cases for which data were gathered from court counselors, family court, and CPS agency files also found that accusations were brought by mothers (67%) and fathers (28%) and third parties (11%). Fathers were accused in 51% of all cases, but allegations were also made against mothers, mothers' new partners, and extended family members. In the 129 cases for which a determination of the validity of the allegation was available, 50% were found to involve abuse, 33% were found to involve no abuse, and 17% resulted in an indeterminate ruling. Four factors were significantly associated with the perceived validity of the abuse report: age of the victim, frequency of the alleged abuse, prior abuse/neglect reports, and the amount of time elapsing between filing for divorce and the emergence of the allegation.
该研究利用邮件和电话调查所获信息,以及对处理虐待儿童案件的法律和心理健康专业人士的个人访谈,并结合来自美国12个家庭关系法庭的实证数据,得出结论:在有争议的监护权和探视权案件中,仅有一小部分涉及性虐待指控。家庭法庭工作人员保存的记录显示,这一比例不到2%。从法庭顾问、家庭法庭和儿童保护服务机构档案中收集数据的169个案例样本还发现,提出指控的有母亲(67%)、父亲(28%)和第三方(11%)。在所有案件中,51%的案件指控父亲,但也有针对母亲、母亲的新伴侣和大家庭成员的指控。在129个可对指控有效性作出判定的案件中,50%被认定存在虐待行为,33%被认定不存在虐待行为,17%的裁决结果不确定。有四个因素与虐待报告的可信度显著相关:受害者年龄、所指控虐待行为的频率、先前的虐待/忽视报告,以及从提出离婚申请到指控出现之间的时间间隔。