Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews
Abstract
:1. Introduction
2. Justice Goals
3. Current Study
4. Method
4.1. Data Source
4.2. Procedure
4.2.1. Developing Coding Instrument
4.2.2. Pilot Study
4.2.3. Inter Coder Reliability
4.2.4. The Final Instrument
4.2.5. Interviewer Prompts and Interview Structure
5. Characteristics of the Transcript Sample, Their Victimisation and Disclosure Trajectories
5.1. The Sample
5.2. Nature of the Victimisation
5.3. Disclosure Trajectories
6. Results
- RQ 1: Did children reveal goals for justice?
- RQ 2: What justice goals did children reveal, when and how in the interview?
- RQ 3: Were there any relationships between articulating justice goals and other descriptive variables?
- Age of child
- Nature of victimisation
- Child’s Communication with Perpetrator
- Prior Disclosure to Non-Police
- Child’s Assessment of the Victimisation
7. Discussion
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Conflicts of Interest
Appendix A. Definitions for Interview Analysis
Interviewer Set | Definitions |
Police interview prompt | Was there a verbal expression (e.g., question, gap in question, other technique) by the interviewer that facilitated the child being able to articulate her/his assessment of wrongfulness? |
Where in interview articulate need | Where in the interview was a police prompt used prior to a child articulating her/his assessment of wrongfulness? Section A (the story) = Substantive phase. The part of the interview where an open narrative is encouraged. Section B (more probing) = Further questioning of what happened. The part of the interview involving further specific questioning from interviewer. Other—In a case where there is no structure or difference in questioning in the interview |
Nature of prompt | The characteristic of the interviewer’s prompt (e.g., question, gap in question, other technique) prior to articulating her/his assessment of wrongfulness Direct—a specific cue that aims to retrieve a specific answer in relation to the child’s justice needs, e.g., “Why did you tell the policeman?” Indirect—a cue that provides an opening for some information from the child. The cue is not directed at child’s justice goals, e.g., “hmm hmm” Mixture—if the interviewer used a combination of direct and indirect prompts to elicit the child’s justice needs |
Source: Holder, Gerryts and Powell (2019) Children’s Justice Goals Data Dictionary. |
Appendix B. Examples of Children’s Justice Goals and the Nature of Interviewer Prompts
Justice Goal | Example of Children’s Words | Example of Interviewer Prompt |
Acknowledgment | ||
Victim | “I knew I needed to tell someone because I was really scared, and I needed somebody to talk to and let it all out” | “what made you tell her” [direct] |
“I cried, I got upset” | “what did you do on your break?” [indirect] | |
“I think he is trying to hurt me or something” | “say that again” [indirect] | |
“he took advantage of me” | “okay. And what did you tell me on the video? What was that about?” indirect] | |
“I came here to talk about me being sexually assaulted” | “tell me what you’ve come here to talk about today” [indirect] | |
Harm | “because I got hurt by that bully” | “why are you here today” [indirect] |
“it hurts” | “what does it feel like” [direct]/“yep’ [indirect] | |
“he was hurting me” | “explain that for me” [indirect] | |
“I feel hurt and embarrass saying” | “leg, right” [indirect] | |
“I had to go to the doctors” | “what do you mean at the top” [indirect] | |
Believed | “I didn’t think anyone would believe me” | “is there a reason that you can think of why you never told anyone that could help you about this straight away” [direct] |
“he told me I was lying but I wasn’t” | ||
“she didn’t believe me” | “when did you tell mum” [indirect] | |
“that she wouldn’t believe me” | ||
“I told my stepdad but he thought I was mucking around” | “mmhmm” [indirect] | |
“he thought I was lying” | “what did your stepdad do” [indirect] “what made you decide to tell your sister at that time” [direct] | |
“no one was listening to me” | ||
“I told her a while ago and like that’s what helps my parents believe me even more” | “what did you say to her” [indirect] | |
“another reason why I didn’t want to go back home as well because you know, mums always picking her partner over me but I didn’t realise she actually didn’t know” | “Yeah” [indirect] | |
“because I was too scared that he might get really angry and well mum might not believe me” | “tell me why you didn’t tell” [direct] | |
“always when i want to tell mum something thats the truth she doesnt actually listen to me, she thinks that im lying” | “tell me why you didn’t tell” [direct] | |
“because my parents don’t believe what I say except for mum” | ||
Not blamed | “I kept it a secret because I didn’t want to get in trouble” | “who was the first person you told about this” [direct] |
“…that anything that happened would be my fault” | “the first time when it happened, how did it make you feel?” [direct] | |
“he made me feel bad like id done something wrong to deserve it or something like that—I know I haven’t done anything wrong” | “how did that make you feel at the time” [direct] | |
“and I thought it was my fault and that but uncle told me its never my fault” | “mmhmm” [indirect] | |
“I didn’t want to get punished” | “what made you tell your mum” [direct] | |
“I couldn’t tell my mum because I was too scared and like I didn’t want her to think any worse of me” | “mmhhmm and what happened then” [indirect] | |
“[suspect words] remember this is what you want not me” | “tell me how he did that” [indirect] | |
“[he would tell everyone] its all my fault” | “tell me how he did that” [indirect] | |
“he did it to me” | “any questions about..-no” [indriect] | |
“mum said it was (suspects) fault that he did that to me” | “so I know ive obviously spoken to mum” [indirect] | |
“[perpetrator words] you know, it’s gunna be all your fault and if I get hurt, it’s gunna be all your fault” | ||
“at the time I felt like it was all my fault because I let him do it” | “yeah” [indirect] | |
Wrongfulness | “It’s not right” | “can you tell us all about why you’ve come to talk to us today?” [indirect] |
“touching me in places he wasn’t suppose to” | “tell me about that” [indirect] | |
“he done something wrong” | “can you tell us why you’ve come here to talk to us today” [indirect] | |
“he did something inappropriate with me, its called child abuse” | “Mhmm” | |
“so then he forced me” | “tell me everything about the incident that were talking about tell me more about that” [indirect] | |
“I just find it really wrong” | “and where does it touch you when..” [indirect] | |
“she did something bad to me” | “what about suspect sorry darl?” [indirect] | |
Protection | ||
Self | “I didn’t want it to happen again” | “and what made you tell mum about this?” [direct prompt] |
“I told him to stop but he didn’t stop” | “starting right at the beginning and tell me absolutely everything” [indirect] | |
Other | “I don’t want it to happen to anyone else” | |
“he musnt ever do that to another person” | “mhm yeah” [indirect] | |
“I didn’t want it to happen to her” | “what was it that changed for you to tell” [direct] | |
“I found out that he had been sexually abusing me little sister so I reported it to the police” | “tell us why you are here today” [indirect] | |
Perpetrator | “I was trying to protect (suspect)” | “mmhmm” [indirect] |
“no I really like him, I don’t want him to get in trouble” | “yeah” [indirect] | |
Self and other | “other girls said that they were touched inappropriately but they were scared to tell the teacher” | |
“and we always tell each other and I said I think we should tell our mums” | “mmhmm” [indirect] | |
“so that we can do something about it and stop it from happening” | “why do you think (cousin) told you about what happened” [direct] | |
Perpetrator Accountability | “I told him again and again and again to stop but he didn’t—that’s why I came here” | |
“I was just going to wait to tell police” | “you didn’t tell anybody?” [direct] | |
“why did you do that to me?” | “so tell me everything that happened with the couple of times” [indirect] | |
“no he didn’t even say sorry” | “so tell me everything that happened with the couple of times” | |
“I don’t really forgive him” | “so tell me everything that happened with the couple of times” | |
“how could you do that” | “how did you feel when you saw him in the morning?” [direct] | |
“he would go to gaol” | “okay” [indirect] | |
“I ran to the nearest shop to ask if they can ring the police for me” | “what happened after you woke up in the hotel” [indirect] | |
“I knew she would have to call the police or have to tell the doctors” | “yeah” [indirect] | |
“I’m here to put an end to it” | “so tell me what we are here to talk about today” [indirect] | |
“I thought about who I could ring to tell them” | “what did you do in the bedroom” [indirect] | |
“I’ve tried to remember as much information as I can so I can get this sorted out” | “was there something specific that happened a month ago that made you remember” [indirect] | |
“I would like to charge suspect” | “mmhmm” [indirect] | |
Punishment | “so they can hurt that man the way he hurt me” | |
“well I want him to go to jail for one thing so cant go anywhere near me” | “what do you want to happen to?” [direct] | |
“rang the police” | “mmhmm” [indirect] | |
“I smacked him” | “what made him stop” [direct] | |
“I hope he dies and everything” | “mmhmm” [indirect] | |
“I just wanted to beat his head in” | “yeah” [indirect] | |
“I want him to go to goal” | “what would you like to see happen to suspect for all the things that he’s done to you and other kids” [direct] | |
“he should get punished” | “what do you think should happen to perpetrator [direct] | |
Rehabiliation | “so he can help him to stop so he cant do it anymore” | “tell me a bit more about what dad said we need to stop |
“to help my uncle” | so can you tell us why you have come to talk to us today” [indirect] | |
“I want him to get back to normal but he wont - so and be good again.” | “hhmm is that so” [indirect] | |
“He thinks he is going to jail but he’s not he’s only going to get teached to be good” | “Why did offender tell you to not tell the police [direct] |
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Justice goal | Definition Child’s comments or implied views about their own justice goals. These may be expressed as aspirations for what they want from the process of reporting to police or as their motivations for reporting [framed by researchers as sub-goals to ultimate goals of achieving justice]. |
Acknowledgement | |
Acknowledgement as a victim | Acknowledgement reflects the child’s desire to be recognized (in a particular way) by others who are important to the child. The child says or implies that they want to be acknowledged that they are a victim of the victimization. e.g., “I was crying”–when telling mum |
Acknowledgement of the harm | Acknowledgement reflects the child’s desire to be recognized (in a particular way) by others who are important to the child. The child says or implies that they want acknowledgment that they were harmed because of the victimization (hurt, injury or loss). e.g., “It hurt me” |
Acknowledgement as believed | Acknowledgement reflects the child’s desire to be recognized (in a particular way) by others who are important to the child. The child says or implies that they want acknowledgment that they were believed about the victimization, that s/he was victimized. They want others to agree with his/her version of the victimization and its impact. e.g., “He DID do that” (emphasis in transcript) |
Acknowledgement they are not blamed | Acknowledgement reflects the child’s desire to be recognized (in a particular way) by others who are important to the child. The child says or implies that they want acknowledgment that they are not blamed about the victimization or the actions of the perpetrator. e.g., “It was his fault” |
Perpetrator Accountability | A desire that alleged perpetrators are called to account and held to account for their actions (taking responsibility) Does the child say or imply that they want the perpetrator to take responsibility for their actions (e.g., apology) or be held responsible for their actions (e.g., be convicted)? Example: “I told mummy” “[It] needs to get solved” |
Wrongfulness | The child says or implies an aspiration that the act or perpetrators’ actions are found to be wrong. (a) The child says or implies that the act IS wrong (morally and legally) (Vindication of the law). (b) The child says or implies that the perpetrator’s actions against the child ARE wrong (Vindication of the child). Example: “The bad thing” “It was wrong” “He still shouldn’t have done what he did to me” “He was rude to us” |
Protection/Safety | The child says or implies that they are seeking safety/protection for themselves and/or others as reasons for disclosing the victimization. Self—protecting self. The child says or implies that they did not want the victimization to happen to them again, e.g., “I said stop”. Other—protecting others. The child says or implies that they did not want the offence to happen to someone else (family, friends), e.g., “(suspect) is hurting (sister)”. Self and Other—The child says or implies that they want protection for themselves and other individuals. Perpetrator–protecting the perpetrator |
Punishment | Does the child say or imply that they want the perpetrator to be punished for their actions? Does the child want the perpetrator to receive a penalty as retribution for the offence? Example: “I don’t want him to come home” “He is going to get in trouble” |
Rehabilitation | Does the child say or imply that they want the perpetrator to be rehabilitated to receive treatment to stop the victimization? Example: “If he got help” |
Number of Justice Goals | Frequency |
---|---|
One justice goal | 66 (27%) |
Two justice goals | 89 (37%) |
Three justice goals | 56 (23%) |
Four justice goals | 28 (11%) |
Five justice goals | 4 (2%) |
Total child/transcripts | 243 (100%) |
Justice Goal | Frequency | Number | Example |
---|---|---|---|
Acknowledgment | 82% | 199 | |
Victim | 138 | “I knew I needed to tell someone because I was really scared, and I needed somebody to talk to and let it all out” | |
Harm | 96 | “because I got hurt by that bully” | |
Believed | 45 | “I didn’t think anyone would believe me” | |
Not blamed | 53 | “I kept it a secret because I didn’t want to get in trouble” | |
Wrongfulness | 64% | 155 | “It’s not right” |
Protection | 41% | 99 | |
Self | 71 | “I didn’t want it to happen again” | |
Other | 5 | “I don’t want it to happen to anyone else” | |
Self and other | 19 | “other girls said that they were touched inappropriately but they were scared to tell the teacher” | |
Perpetrator | 4 | “I was trying to protect (suspect)” | |
Perpetrator Accountability | 33% | 81 | “I told him again and again and again to stop but he didn’t—that’s why I came here” |
Punishment | 14% | 35 | “so they can hurt that man the way he hurt me” |
Rehabilitation | 1% | 3 | “so they can help him to stop so he can’t do it anymore” |
Interview Section | Interview Prompt | ||||||
---|---|---|---|---|---|---|---|
Justice Goals | Total | Section A | Section B | Other | Direct | Indirect | Mix |
Acknowledgment | |||||||
Victim | 138 | 116 | 17 | 5 | 16 | 118 | 3 |
Harm | 96 | 88 | 3 | 5 | 24 | 64 | 8 |
Believed | 45 | 25 | 16 | 4 | 12 | 32 | 1 |
Not blamed | 53 | 39 | 12 | 2 | 15 | 37 | 1 |
Wrongfulness | 155 | 136 | 11 | 8 | 14 | 133 | 7 |
Protection | 99 | 74 | 13 | 12 | 21 | 67 | 10 |
Perpetrator Accountability | 81 | 66 | 11 | 4 | 11 | 66 | 3 |
Punishment | 35 | 23 | 11 | 1 | 5 | 26 | 2 |
Rehabilitation | 3 | 3 | 0 | 0 | 0 | 2 | 1 |
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Holder, R.L.; Gerryts, D.; Garcia, F.; Powell, M. Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews. Laws 2023, 12, 9. https://doi.org/10.3390/laws12010009
Holder RL, Gerryts D, Garcia F, Powell M. Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews. Laws. 2023; 12(1):9. https://doi.org/10.3390/laws12010009
Chicago/Turabian StyleHolder, Robyn L., Dirkje Gerryts, Francisco Garcia, and Martine Powell. 2023. "Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews" Laws 12, no. 1: 9. https://doi.org/10.3390/laws12010009