Allegations of sexual abuse in child custody disputes

Med Law. 2000;19(4):815-25.

Abstract

Objective: Allegations of sexual abuse are increasingly made in the context of divorce proceedings. The aim of the study was to describe ideal typical patterns of family dynamics when sexual abuse is alleged in divorce proceedings.

Method: Development of an assessment plan according to the methods of the qualitative descriptive social sciences and retrospective assessment of 24 legal cases of custody and visitation right proceedings in which allegations of sexual abuse (N = 30 children) were made.

Results: In our sample, we found a significant incidence of sexual deviations of a parent. With respect to the allegations of sexual abuse in divorce cases, we were able to identify four types of family dynamics. Our qualitative assessment of the data showed that distinguishing between actual abuse and false allegations cannot adequately help to clarify the family dynamics. Rather, it tends to conceal the fact that even a false allegation usually originates from a sexualized atmosphere in the family. The main family structures which were observed without exception in our sample generally already existed before the separation phase and had corresponding effects on the child which must be considered in the evaluation.

MeSH terms

  • Adolescent
  • Child
  • Child Abuse, Sexual / legislation & jurisprudence
  • Child Abuse, Sexual / psychology*
  • Child Abuse, Sexual / statistics & numerical data
  • Child Custody / legislation & jurisprudence*
  • Child, Preschool
  • Divorce / legislation & jurisprudence*
  • Female
  • Forensic Psychiatry
  • Germany
  • Humans
  • Male
  • Nuclear Family / psychology
  • Retrospective Studies