Criminal prosecution of child sexual abuse cases. 1996

M Martone, and P K Jaudes, and M K Cavins
Department of Behavioral Sciences, University of Chicago, Pritzker School of Medicine, La Rabida Children's Hospital and Research Center, IL 60649-1395, USA.

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.

UI MeSH Term Description Entries
D007087 Illinois State bounded on the north by Wisconsin, on the east by Lake Michigan, Indiana, and Kentucky, on the west by Missouri and Iowa, and on the south by Kentucky.
D008297 Male Males
D002648 Child A person 6 to 12 years of age. An individual 2 to 5 years old is CHILD, PRESCHOOL. Children
D002650 Child Abuse, Sexual Sexual maltreatment of the child or minor. Child Molestation,Child Molestation, Sexual,Molestation, Sexual, Child,Sexual Abuse of Child,Sexual Abuse, Child,Abuse, Child Sexual,Child Sexual Abuse,Molestation, Child,Sexual Child Abuse,Sexual Child Molestation
D002651 Child Advocacy Promotion and protection of the rights of children; frequently through a legal process. Advocacies, Child,Advocacy, Child,Child Advocacies
D002669 Child Welfare Organized efforts by communities or organizations to improve the health and well-being of the child. Adolescent Welfare,Welfare, Adolescent,Welfare, Child
D003416 Criminal Law A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders. Criminal Justice,Criminal Laws,Justice, Criminal,Law, Criminal,Laws, Criminal
D005260 Female Females
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D012189 Retrospective Studies Studies used to test etiologic hypotheses in which inferences about an exposure to putative causal factors are derived from data relating to characteristics of persons under study or to events or experiences in their past. The essential feature is that some of the persons under study have the disease or outcome of interest and their characteristics are compared with those of unaffected persons. Retrospective Study,Studies, Retrospective,Study, Retrospective

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